Gas and Dubois v France (2012) (application no 25951/07). Read judgment (in French). The French government did not violate articles 8 (right to respect for private and family life) and 14 ECHR (right not to be discriminated against in one’s enjoyment of Convention rights and freedoms) in not allowing one partner in a homosexual couple to [...]
Archive for the ‘Family’ Category
Can a homosexual person adopt his or her partner’s child? The case of Gas and Dubois v France.
Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Children, Discrimination, Family, In the news, Poor reporting on March 29, 2012 | 2 Comments »
Legal aid: Government backs down on clinical negligence and domestic violence
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Children, Discrimination, Family, In the news, Medical, tagged legal aid on March 1, 2012 | 4 Comments »
The Ministry of Justice has proposed two important amendments to the Legal Aid, Punishment of Offenders and Sentencing Bill. As has been predicted for a number of months, the proposals will bring a limited number of clinical negligence claims and claims arising as a result of domestic violence back within the scope of legal aid. [...]
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 »
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 [...]
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 [...]
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 |
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 |
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 [...]
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Recommended- Latest human rights developments in the UK: 21/5/2012 – 27/5/2012 - Law Think May 27, 2012
- UK Blawg Review #10 – Part 1 - May 27, 2012
- Can the UK suspend free movement? - Free Movement Blog May 27, 2012
- Prisoners’ votes: Ballot and chain | The Economist May 25, 2012THE vexed issue of voting rights for prisoners combines two of the Conservative Party’s main preoccupations: penal policy and the European Court of Human Rights (ECHR)...
- We must defy Strasbourg on prisoner votes - David Davis and Jack Straw, Telegraph May 24, 2012
- Sunlight is the best disinfectant: open justice and company law proceedings May 24, 2012
- Names and CVs of Candidate Judges for Eight Countries May 24, 2012
- UK to resist giving prisoners the vote despite European court ruling | Law | The Guardian May 23, 2012
- Case law
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012ECtHR Grand Chamber: automatic and indiscriminate disenfranchisement of prisoners unlawful but up to individual states how to implement changes were such a ban exist
- Dishonesty in entry clearance applications May 21, 2012An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of Article 8
- MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012) May 18, 2012Secretary of State acted lawfully in not ordering independent inquiry into 2009 protest at Immigration Detention Centre. Challenge by children separated from parents during protest and claiming pschiatric damage as result.
- British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012) May 17, 2012Sky, BBC, ITN etc. succeed in JR of decision by court to order production of 100+ hours of video footage to Essex Police of Dale Farm protesters: "... there were no reasonable grounds for believing that the footage of over 100 hours included material likely to be of substantial value to the investigation"
- Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012) May 16, 2012Supreme Court: paying child tax credit to "main" care giver not discriminatory under art.14 ECHR to father caring for child 3 days per week. The specific test for justifying discrimination in the context of state benefits is that with questions of social and economic strategy the Court will generally respect the legislature’s policy choice unless i […]
- Hounga v Allen & Anor [2012] EWCA Civ 609 (15 May 2012) May 16, 2012Court of Appeal: Person knowingly working illegally cannot bring racial discrimination claim against "employers"
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012
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UKHRB on Twitter
- Weekend catchup from Wessen Jazrawi- prisoner voting, Bratza's replacement and peaceful protest- human rights roundup ukhumanrightsblog.com/2012/05/27/pri… 3 hours ago
- #Prisonervotes is generating some strong and contrasting opinions- see Aitken v David and Straw: guardian.co.uk/commentisfree/… telegraph.co.uk/news/uknews/la… 2 days ago
- Fresh on the blog by Reuven Ziegler: the case for letting prisoners vote ukhumanrightsblog.com/2012/05/24/the… 2 days ago
- New from @rosalindenglish- police denied TV footage of Dale Farm evictions ukhumanrightsblog.com/2012/05/24/pol… 3 days ago
- Prisoner votes ruling continuing to have political repercussions guardian.co.uk/law/2012/may/2… #prisonervotes 3 days ago
- SC: for Art 6 compliance, cts can, in exceptional circumstances, extend period for filing and serving notice of appeal #extradition 3 days ago
Adam Wagner on Twitter
- RT @MsLods: UK: Barrister who called opposing lawyers "slimebags" on twitter struck off. telegraph.co.uk/news/uknews/la… (ping @journlaw) 33 minutes ago
- Is David Mitchell being serious or not? Human rights … or just an excuse for Strasbourg to tell Britain what to do? gu.com/p/37pfb/tw 2 hours ago
- Prisoner voting, Bratza's replacement and peaceful protest > this week's UK #humanrights roundup just posted wp.me/pJiO3-3Fb 2 hours ago
- It's here! @charonqc tells it as it is > UK Blawg Review #10 – Part 1 j.mp/JG8V4Y 6 hours ago
- Oh! Extraordinary goings on at Charles Taylor's war crimes trial... > More on the Removal of Judge Sow j.mp/LnNQH1 2 days ago
- RT @koldo_casla: One of the best pieces I´ve ever read on the case for letting prisoners vote - Reuven Ziegler wp.me/pJiO3-3F7 via ... 2 days ago
- Recent posts
- Prisoner voting, Bratza’s replacement and peaceful protest – The Human Rights Roundup May 27, 2012 Wessen Jazrawi
- The case for letting prisoners vote – Reuven Ziegler May 24, 2012 1 Crown Office Row
- Police denied TV footage of Dale Farm evictions May 24, 2012 Rosalind English
- Time extended for appeals under Extradition Act May 23, 2012 Rosalind English
- Why no public appointment hearings for UK’s new European Court of Human Rights judge? May 23, 2012 Adam Wagner
- Don’t rely on human rights in a dismissal claim May 22, 2012 Martin Downs
- European Court of Human Rights retreats but doesn’t surrender on prisoner votes May 22, 2012 Adam Wagner
- Pssst… no secret hearings in naturalisation cases May 22, 2012 Isabel McArdle
Disclaimer
Refusal of child care leave to female prisoners was unlawful, rules High Court
Posted in Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Criminal, Family, In the news, Prisons, tagged child protection, children's rights, Prisoners on April 16, 2012 |
MP, R(on the application of) v the Secretary of State for Justice [2012] EWHC 214 (Admin) – read judgment The prison authorities had acted unlawfully in restricting childcare resettlement leave to prisoners who were within two years of their release date and had been allocated to “open” conditions. Two female prisoners applied for judicial [...]
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