The Commission on Assisted Dying, set up in September 2010 and chaired by former Lord Chancellor Charles Falconer, has issued its monumental report on assisted dying in England and Wales. The Commission was funded by two supporters of assisted suicide, author Terry Pratchett and businessman Bernard Lewis, and despite reassurances that the running and outcome [...]
Archive for the ‘Family’ Category
A step closer to the legalisation of assisted suicide?
Posted in Art. 2 | Right to life, Art. 8 | Right to Privacy/Family, Family, In the news, Medical, Mental Health, tagged assisted suicide, non voluntary euthanasia, terry pratchett on January 5, 2012 | 1 Comment »
A blueprint for a simpler, fairer justice system
Posted in Art. 6 | Right to Fair Trial, Family, In the news, Judges and Juries, Politics / Public Order, Technology on November 11, 2011 | 4 Comments »
The Civil Justice Council (CJC) has just released a major new report: Access to Justice for Litigants in Person (or self-represented litigants). The report attacks head-on the prospect of thousands more people having to represent themselves in court once civl legal aid is mostly taken away. The 94-page report, written by a group including a [...]
Major family justice review published
Posted in Art. 8 | Right to Privacy/Family, Family, In the news, tagged Family Justice Review on November 3, 2011 | 1 Comment »
A major review by David Norgrove into the family justice system has been published today. You can find the report here or reposted below via Scribd. The 225-page Family Justice Review was commissioned jointly by the Ministry of Justice, the Department for Education, and the Welsh Assembly Government. It aims to “improve the system so that it is [...]
Gay marriage on the way… but not quite yet
Posted in Art. 12 | Right to Marry / Found Family, Art. 8 | Right to Privacy/Family, European, Family, In the news, Margin of Appreciation, tagged Gay marriage on October 10, 2011 | 3 Comments »
In his Conservative Party Conference speech the Prime Minister David Cameron signalled his strong support for the legalisation of gay marriage. He said: Conservatives believe in the ties that bind us; that society is stronger when we make vows to each other and support each other. So I don’t support gay marriage despite being a [...]
When is family life family life? A look at deportation cases – Lourdes Peroni
Posted in Art. 8 | Right to Privacy/Family, Case law, European, Family, Immigration/Extradition, tagged Family life, human rights on September 27, 2011 | Comments Off
In A.A. v. the United Kingdom, a recent case involving the deportation of a young Nigerian man, the Court faced, once again, the question whether relationships between adult children and parents/siblings amount to family life in deportation cases. The Court’s Fourth Section did not give a clear answer to this question. The 24-year-old applicant resided with [...]
Lord Justice Wall lays down law on family court privacy
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Children, Family, In the news, Poor reporting on September 20, 2011 | 16 Comments »
Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2376 (Fam) (01 September 2011) – Read judgment Sir Nicholas Wall, the President of the Family Division, has suspended a nine-month prison sentence for contempt of court given to Elizabeth Watson, a “private investigator” who published online sex abuse allegations which had been rejected by a series [...]
Opening up the family courts – Lucy Series
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Family, Freedom of Information, In the news, Media on September 14, 2011 | 5 Comments »
Last month the Ministry of Justice published a report of a pilot project that ran last year whereby participating family courts produced and published on Bailii written judgments of specified Children Act 1989 cases. The project had three main aims: to increase transparency and improve public understanding of the family justice system by publishing anonymised [...]
President of Family Division’s press release on paedophile allegations case
Posted in Art. 6 | Right to Fair Trial, Children, Family, Freedom of Information, In the news on August 25, 2011 | 12 Comments »
With thanks to the Judicial Press Office, below is the full press release from the President of the Family Division in a case involving a “super injunction”, John Hemming MP, false allegations of pedophilia and some poor press reporting. I will blog about this once the full rulings are released, but in the meantime see [...]
Family courts guide to Media Access & Reporting
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Family, In the news on July 29, 2011 | 1 Comment »
Updated | The family courts in conjunction with the Judicial College and the Society of Editors have has published a Guide to Media Access and Reporting. It has been written by two barristers, Adam Wolanski and Kate Wilson. It seeks to address “the tension between concerns about “secret justice” and legitimate expectations of privacy and confidentiality [...]
The book that all family practitioners wish they had written
Posted in Art. 6 | Right to Fair Trial, Family, In the news, tagged Family Courts without a Lawyer: A Handbook for Litigants in Person on July 21, 2011 | Comments Off
Review: Family Courts without a Lawyer: A Handbook for Litigants in Person – Lucy Reed – Buy book here Family Courts without a Lawyer : A Handbook for Litigants in Person is written by Lucy Reed, barrister and author of the Pink Tape blog. A title that may, on its first reading, strike fear into [...]
Abduction and the child’s “best interests” – analysis
Posted in Art. 8 | Right to Privacy/Family, Case comments, Case law, Children, Family, In the news on June 14, 2011 | 1 Comment »
E (Children) FC [2011] UKSC 27 – read judgment ; see previous post for summary This case shows some of the difficulties thrown up by the interesting tension between the primacy of children’s interests implied by Article 8 of the European Convention on Human Rights and the controls on child abduction exerted by the 1980 Hague Convention. The Human [...]
Court orders return of children abducted from father in Norway
Posted in Art. 8 | Right to Privacy/Family, Case summaries, Children, Family on June 10, 2011 | Comments Off
In the matter of E (Children) [2011] UKSC – read judgment The Supreme Court has ruled that two girls, aged seven and four respectively, be returned with their mother to Norway, after she had removed them without the father’s consent. The decision was made largely under the Hague Convention on the Rights of the Child [...]
The Adoption Dilemma: the rights of parents v child’s interests
Posted in Art. 8 | Right to Privacy/Family, Children, European, Family, In the news, tagged adoption on June 2, 2011 | 3 Comments »
R. and H. v. United Kingdom (no. 35348/06) – Read judgment This ruling from Strasbourg sheds little light on how Article 8 can help adoption procedure, but it does illustrate how courts and agencies are having to square up to the deepening crisis in adoption rates. Newspaper and charity campaigns are vocal about this issue but little [...]
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Recommended- Murder, Terrorism - two important cases February 23, 2012
- High Court upholds University Fees Regulations February 23, 2012
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
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- Case law
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
- Hurley & Moore, R (on the application of) v Secretary of State for Business Innovation & Skills [2012] EWHC 201 (Admin) (17 February 2012) February 17, 20122 students fail in judicial review of tuition fee rises. Human rights (right to education under A2/P2) challenge failed outright; public law challenge failed despite finding that Sec of State "did not carry out the rigorous attention to" Public Sector Equality Duties
- Sugar v British Broadcasting Corporation & Anor [2012] UKSC 4 (15 February 2012) February 15, 2012Supreme Court: BBC need not disclsoe Israel-Palestine coverage bias report as it falls under the "journalistic material" exemption to the Freedom of Information Act
- HARDY AND MAILE v. THE UNITED KINGDOM - 31965/07 [2012] ECHR 261 (14 February 2012) February 14, 2012Strasbourg Art 8 challenge to construction of liquefied natural gas terminals in Milford Haven harbour fails
- Milind Manohar Sanade, Damion Harrison and Conroy Maurice Walker -v- The Secretary of State for The Home Department - Upper Tribunal February 10, 2012Upper Tribunal guidelines decision on human rights exceptions to automatic deportations of immigrants with spouse and young children
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012
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- Recent posts
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- Crimes committed by victims of human trafficking – should they be prosecuted? February 22, 2012 Rosalind English
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- Keeping it controversial: Religion, deportation and open justice – The Human Rights Roundup February 20, 2012 Wessen Jazrawi
- Belgium bitten by Aarhus – again February 19, 2012 David Hart QC
- Is it legal to teach gay hate in schools? February 19, 2012 Adam Wagner
- Analysis | Court of Appeal upholds hotel gay discrimination ruling – Marina Wheeler February 19, 2012 1 Crown Office Row
- Former Top Judge hits back at current Top Judge February 17, 2012 Richard Mumford
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Policy, possession and proportionality – Nearly Legal
Posted in Art. 8 | Right to Privacy/Family, Case comments, Family, Housing, tagged possession proceedings, proportionality on January 1, 2012 | 5 Comments »
Denry Okpor v London Borough of Lewisham, Bromley County Court 25 October 2011 [Transcript not publicly available] Adam Wagner represented Mr Okpor in this case. He is not the author of this post. This was a rolled up permission to appeal and appeal hearing (on which more later) for appeal to a Circuit Judge from [...]
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