367 results
20 Apr 2020 13:56
Is the Lockdown Lawful? An overview of the debateNote: This article involves examination of the legal provisions that accompany some of the restrictions on movement of individuals announced by the Government. The movement restrictions themselves are vital to the protection of life in the current crisis and must be adhered to by all persons. The more...
HOME OFFICE POLICIES IN RESPONSE TO CORONAVIRUS (COVID-19)
In response to the Coronavirus, and the Government measures to combat it, the Home Office have introduced a number of new policies. The situation is fluid and changing on a very frequent basis so practitioners should take care to check the latest position on the UKVI website. This post was drafted more...
17 Apr 2020 13:25
Derogation in the time of Coronavirus — Nicholas ClaphamThe Council of Europe has issued guidance to member states contemplating derogation from the European Convention of Human Rights during the coronavirus pandemic: Respecting democracy, rule of law and human rights in the framework of the COVID-19 sanitary crisis: A Toolkit for Member States more...
15 Apr 2020 08:07
High Court overturns decision not to prosecute rape allegationThe Divisional Court has recently handed down a novel decision in R (FNM) v DPP, considering the right of complainants to a fair opportunity to make representations to the Director for Public Prosecutions (“DPP”), and for those representations to be considered, when conducting a review under the more...
7 Apr 2020 14:48
Another skirmish on the boundaries of vicarious liability: data protection this timeWM Morrison Supermarkets plc (Appellant) v Various Claimants (Respondents) [2020] UKSC 12 On appeal from: [2018] EWCA Civ 2339 – read judgment The following summary is based on the Supreme Court’s press report. This appeal concerned the circumstances in which an employer can be held to be more...
7 Apr 2020 08:39
Inquests into deaths in custody during the COVID-19 pandemicFollowing the sad news of the first death in custody from COVID-19, a question arises: what are likely to be the issues at inquests into the deaths in custody from COVID-19? Article 2 and the central issues Not all deaths in custody mandate an Article 2 inquest (see R (Tainton) v HM Senior Coroner more...
2 Apr 2020 14:42
The Coronavirus Act 2020: When Legislation Goes Viral (Part One)At this point, it is almost trite to say that we are living through unprecedented events. The global spread of the Coronavirus pandemic poses serious challenges to society. So far, the global death-toll has exceeded 21,000 and life as we know it in the UK has changed dramatically. In response to more...
25 Mar 2020 12:57
What does Manchester City’s Champions League ban have to do with human rights?Last month European football’s governing body, UEFA, announced that English champions Manchester City had been fined 30 million Euros and banned from the Champions League – the most illustrious competition in European football. The Adjudicatory Chamber of UEFA’s Club Financial Control Body (CFCB) more...
24 Mar 2020 09:32
Skype in the Court of Protection: The courts in the time of coronavirusMostyn J hears trial concerning withdrawal of life sustaining treatment with five parties and at least 20 participants over Skype for Business Back in the heady days of December 2019, before the world ground to a halt, Keehan J presided over a directions hearing in a serious medical treatment more...
20 Mar 2020 12:52
EU border transit zones and deprivation of liberty: Ilias v HungaryAmid recent news reports of Turkey’s re-opening of migration routes to Europe, clashes at the Turkey-Greece border, and EU countries closing their borders due to Covid-19, this post looks back to a decision from the ECtHR Grand Chamber last November and the applicability of Article 5 ECHR in more...
17 Mar 2020 16:18
Rights in a time of quarantine – an extended look by Niall CoghlanQuarantines and lockdowns are sweeping Europe: Italy, France, Spain. Through them, states seek to contain Covid-19 and so save lives. It is difficult to imagine higher stakes from a human rights perspective: mass interferences with whole populations’ liberties on one side; the very weighty public more...
16 Mar 2020 11:39
Removal of life support after brain stem death held lawfulManchester University NHS Foundation Trust v (1) Midrar Namiq (2) Karwan Mohammed Ali (3) Shokan Namiq [2020] EWHC 180 (Fam); [2020] EWHC 181 (Fam). In two related judgments, Lieven J considered an application made by a Hospital Trust to withdraw treatment from a child receiving mechanical more...
11 Mar 2020 09:47
False imprisonment not synonymous with breach of right to libertyR (on the application of Jalloh (formerly Jollah)) v Secretary of State for the Home Department [2020] UKSC 4 In a pithy parting shot to the Home Secretary, Lady Hale has given the unanimous judgment of the Supreme Court on the question of whether a person subject to a home curfew under immigration more...
New Immigration Law Update Videos
I have put together some new short Immigration Law update videos. I hope that they are helpful. For more detailed training sign up to one of my upcoming seminars in Birmingham or London via HJT, MBL Seminars or The Solicitors Group. New Videos: Immigration Law Update: New Country Guidance Iran more...
20 Feb 2020 12:07
Barristers: donating £35 to Advocate on practising certificate renewalAuthorisation to Practise renewal: a word from Advocate The last (but not least) page of practising certificate renewals through MyBar is the time of year when barristers come together by donating £35 to Advocate (formerly known as the Bar Pro Bono Unit). All you need to do is not untick the box! more...
Latest Court of Appeal guidance on Unexplained Wealth Orders
The team at Scarmans consisting of Queen’s Counsel, Barristers and Solicitors regularly represents individuals targeted by the NCA in civil, criminal and tax litigation and so are well-placed to protect their client’s interests. In this analysis, Barry Smith, Associate, explains the latest judgment more...
Did the UK violate Article 2 in Kosovo? Plus the Oval Four, and racism in the police
Conor Monighan brings us the latest updates in human rights law In the News: Court of Appeal judges overturned the convictions of the ‘Oval Four’ after it was found that their sentences were based on evidence given by a corrupt police officer. The ‘Oval Four’ refers to a group of black men who were more...
28 Nov 2019 16:16
Alex Ustych appears in important case about freedom of expression in the age of social mediaThe judicial review is brought by Harry Miller, a former police officer who tweets about transgender issues and opposes potential reforms to the Gender Recognition Act 2004 (to introduce gender self-identification). A complaint was received by Humberside Police about the tweets, on the basis that more...
28 Nov 2019 16:02
Asylum claim based on Domestic Violence – Upper Tribunal Allows Appeal - at real risk of persecution throughout Albania – Dr Chelvan and Jake Rylatt instructedFri, 22 Nov 2019 In a determination of the Upper Tribunal promulgated on 13 November 2019, Upper Tribunal Judge Perkins has allowed an appeal on asylum grounds concerning a victim of domestic violence from Albania. Dr S. Chelvan was instructed by Rodney Oliver of AT Legal Solicitors from the more...
27 Nov 2019 10:24
Serco’s Evictions of Asylum Seekers in the Scottish Courts: A Question of Public Authorities in the Human Rights Act 1998Ali (Iraq) v Serco Ltd [2019] CSIH 54 The Inner House of the Court of Session has ruled that Serco Limited acted lawfully when evicting a failed asylum seeker from temporary accommodation in Glasgow without first obtaining a court order. This is the same conclusion that was drawn by the Outer House more...
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