(1)The British Humanist Association (2) Jeremy Rodell (a member of the Richmond Inclusive Schools Campaign) v London Borough of Richmond upon Thames (2)The Roman Catholic Diocese of Westminster (3) The Secretary of State for Education  EWHC 3622 (Admin) – read judgment
This was an application for judicial review of decisions of the defendant Council to approve proposals put forward by the Roman Catholic Diocese of Westminster to establish a voluntary aided secondary school designated by the Secretary of State as a school having a religious character as a school for Roman Catholics and a similarly designated primary school.
The British Humanist Association took the claim on behalf of non-religious people. The second claimant was an association of local residents which campaigns to seek to ensure that any new state schools which open in the Council’s area operate open admissions policies. The claimants’ concern was that the Council’s decisions to allow the opening of the new Catholic primary and secondary schools would mean that new schools funded by the state will operate admissions policies focused predominantly on children who are Catholic, rather than being more widely available to children in the Council’s area. Continue reading →
X(Appellant) v Mid Sussex Citizens Advice Bureau and another (Respondent)  UKSC 59 – read judgment
The Supreme Court has confirmed the Court of Appeal’s view that voluntary occupation does not attract the protections of the Equality Act or the Framework Directive.
The appellant had worked as a volunteer adviser for the Citizens’ Advice Bureau since 2006. In 2007 she claimed that she was asked to cease work in circumstances amounting to discrimination on grounds of disability. She sought to bring proceedings against the respondent but the Court of Appeal held that the Employment Tribunal had no jurisdiction to hear the case as she was a volunteer rather than an employee, and therefore fell outside the scope of protections against discrimination under the Disability Discrimination Act 1995 (now covered by the Equality Act 2010) and Directive 2000/78/EEC (“the Framework Directive”). See Isabel McArdle’s post on that decision here. Continue reading →
Last month the Prime Minister promised business leaders that he would “get a grip” on people forcing unnecessary delays to Government policy by cracking down on the “massive growth industry” of Judicial Review (JR), the means by which individuals and organisations can challenge poor decisions by public authorities in the courts. He even, in a new twist on Goodwin’s Law, compared cutting down on court challenges to beating Hitler.
The consultation document is detailed and is worth reading. It certainly does not reflect the bombast of the Prime Minister’s statement that “We need to forget about crossing every ‘t’ and dotting every ‘i’ – and we need to throw everything we’ve got at winning in this global race“. What is proposed is a fairly significant reform of the Judicial Review system, and nothing as dramatic as winning World War II. There are, however, some problems with the Government’s analysis which I will come to later.
This week David Cameron announced plans to introduce whole genome mapping for cancer patients and those with rare diseases within the NHS.
Single gene testing is already available across the NHS ranging from diagnosing cancers to assessing patients’ risk of suffering side effects from treatment, but this initiative will mean that the UK will be the first country in the world to introduce the technology within a mainstream health system, with up to 100,000 patients over three to five years having their whole genome – their personal DNA code –sequenced. According to Chief Medical Officer Professor Dame Sally Davies
The genome profile will give doctors a new, advanced understanding of a patient’s genetic make-up, condition and treatment needs, ensuring they have access to the right drugs and personalised care far quicker than ever before.
What will this mean for medical confidentiality? The official announcement ends with the following declaration:
1. Genome sequencing is entirely voluntary. Patients will be able to opt out of having their genome sequenced without affecting their NHS care.
2. Whole genome sequence data will be completely anonymised apart from when it is used for an individuals own care.
3. A number of ways to store this data will be investigated. The privacy and confidentiality of NHS patients will be paramount in this decision. Continue reading →
Harlan Laboratories UK L & Another v Stop Huntingdon Animal Cruelty and others  EWHC 3408 (QB) – read judgment
The High Court has granted a medical testing laboratory a final injunction against anti-vivisectioners protesting outside their premises.
Harlan laboratories breed animals for medical and clinical research purposes. The applicants’ harassment claim included assertions that the respondent anti-vivisection groups had verbally abused those entering and leaving its premises, blocked and surrounded vehicles entering and leaving the premises in a threatening manner and trespassed on Harlan’s property. They had also photographed Harlan’s employees and recorded their vehicle registration details. Interim injunctions had been granted restraining, inter alia, where and how often the respondents could demonstrate outside of Harlan’s premises.
The issues in this application were whether the applicants were entitled to summary judgment on their harassment claim and whether the court should grant a permanent injunction pursuant to s.3(3) of the 1997 Protection Against Harassment Act. The applicants also applied for a permanent injunction under section 37 of the Senior Courts Act 1981. Continue reading →
Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
Commentary on the Leveson report is again dominating the blogosphere this week – and once again, there is some discussion on whether the UK should maintain a relationship with Strasbourg. Gay marriage is also back in the news. However, we also have some “new” news, covering such diverse topics as homosexuality in the Channel Islands, “indie lawyers” and legal aid. A quick reminder: tomorrow (Monday 10 December) is Human Rights Day. We will be hosting a guest post which you can read in the morning.
Global Alliance Against Industrial Aquaculture v. Scottish Ministers, 26 November 2012 read decision
An interesting and robust decision from the Scottish Information Commissioner. An NGO (just look at the tin) asked the Scottish Ministers for information about seal culling licensed by them. The Scottish Ministers did not provide all the information sought; they said which companies had received the licences, and the total number of seals killed, but did not say who killed how many seals where – thus, doubtless, stymieing any focussed debate and engagement by the NGO on the justification for the killings. The industry’s position appears to be that such shootings only took place against occasional rogue seals.
The Prime Minister has announced his support for gay marriage in religious institutions. Having already said, memorably, that “I don’t support gay marriage in spite of being a conservative. I support gay marriage because I am a conservative”, he has now gone a step further and argued that gay couples should be able to marry on religious premises. But, he also made clear, “if there is any church or any synagogue or any mosque that doesn’t want to have a gay marriage it will not, absolutely must not, be forced to hold it“.
The announcement is important in the context of a legal debate which has been taking place since the Government signalled that marriage law reform was on its agenda: namely, whether religious institutions would be forced, as a result of equalities and human rights legislation, to carry out gay marriage ceremonies whether or not they wanted to. In June, when the Government was consulting over the “equal civil marriage” plans, Church of England sounded the alarm that “it must be very doubtful whether limiting same-sex couples to non-religious forms and ceremonies could withstand a challenge under the European Convention on Human Rights”
What is really interesting about the Prime Minister’s announcement is that the Government is now going beyond its original proposals as set out in the June consultation. At that point, the Government was careful to state that the proposals related only to civil (that is, non-religious) marriage and, indeed said:
Verlagsruppe News Gmbh and Bobi v Austria (Application no. 59631/09) HEJUD  ECHR 2012 (04 December 2012)
Hard on the heels of the Facebook case, here is another legal dust up over the media’s sharp interest in any story involving allegations of inappropriate sexual relations, particularly in the Catholic church.
Following a police investigation into internet downloads, the principal of a Roman Catholic seminary in Austria became the target of unwelcome interest from the tabloid press, including the second applicant, who published a series of articles and photographs alleging that Mr Küchl was engaging in homosexual relations with the seminarians. One article identified the seminarian principal, whose face was clearly identifiable from the accompanying photograph. The article was entitled “Go on!” (Trau dich doch). The sub-heading read “Porn scandal. Photographic evidence of sexual antics between priests and their students has thrown the diocese of St Pölten into disarray. First the principal and now the deputy principal have resigned. High-ranking dignitaries expect Kurt Krenn [the bishop of the diocese] to be removed from office.” Continue reading →
X v Facebook Ireland Ltd  NIQB 96 (30 November 2012) – read judgment
This fascinating case comes to light in the midst of general astonishment at the minimal attention paid in the Leveson Report to the “wild west” of the internet and the question of social media regulation.
This short judgement demonstrates that a careful step by step judicial approach – with the cooperation of the defendant of course – may be the route to a range of common law tools that protect individuals from the internet’s incursions in a way which no rigidly formulated statute is capable of doing. As the judge observed mildly,
The law develops incrementally and, as it does so, parallels may foreseeably materialise in factually different contexts.
Background to the case
The plaintiff (XY) sought an injunction requiring Facebook to remove from its site the page entitled “Keeping Our Kids Safe from Predators”, alternatively requiring Facebook to monitor the contents of the aforementioned page in order to prevent recurrence of publication of any further material relating to the Plaintiff and to remove such content from publication forthwith. Continue reading →
The Supreme Court has ruled that an individual who claimed to have been assaulted by police officers was entitled to bring an action in the sheriff court (Scotland) seeking damages at common law and under the Human Rights Act 1998 against the relevant chief constable arising from the officer’s actions.
He was also able to claim damages under the 1998 Act against the chief constable and the Lord Advocate in connection with an allegedly ineffective investigation into the incident.
The following is based on the Supreme Court’s press summary. References in square brackets are to paragraphs in the judgment.
The appellant was arrested in September 2004 and taken to a police station in Glasgow. He alleged that he was abused and threatened with violence by the Strathclyde police officers during and after the journey. In 2005 the Procurator Fiscal instructed the Complaints Branch to carry out an investigation into the complaint. In June 2005 she informed the appellant that she was satisfied that the available evidence did not justify criminal proceedings against any police officer. The Complaints Board also concluded that it was unnecessary to take any proceedings for misconduct against the police officers involved. Continue reading →
I posted previously on the decision by the US Court of Appeals for the Federal Circuit to uphold the patents on the genetics company Myriad’s gene sequences for breast cancer research and therapy. In September 2012 the American Civil Liberties Union once again petitioned for Supreme Court review. The Court should decide today whether to review the case.
The whole question of proprietary claims over genetic information is not limited to patents and is very much open to debate. In my piece on the US Bioethics Commission’s report to the Obama administration I discussed the challenge faced by lawmakers in regulating the increasing flow of genomic information so as to protect people’s privacy without shutting down the flow of data vital to biomedical research. Whilst it is true that the availability of patent protection creates vital incentives for such research, genetic testing companies like Myriad can extend their exclusivity beyond their patented products by creating limiting access to private databases containing information vital to interpreting the clinical significance of human genetic variations. There is concern that this threatens to impede the clinical interpretation of genomic medicine. The Genomics Law Report Journal reports that
National health systems and insurers, regulators, researchers, providers and patients all have a strong interest in ensuring broad access to information about the clinical significance of variants discovered through genetic testing. Continue reading →
Welcome back to the UK Human Rights Roundup, your weekly smorgasbord of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
A bumper edition this week, mostly thanks to Lord Justice Leveson and his long-awaited report, released this week to a tumult of online commentary. In overshadowed, but potentially no less significant news, the House of Lords approved amendments to the “secret courts” Justice and Security Bill; the Joint Committee on Human Rights reported on the Crime and Courts Bill, and we have another round of arguments for and against the UK’s continuing association with the European Court of Human Rights.
You know those films where a couple spend the first two acts hating each other until, possibly at night when it is raining, they realise they have been in love all along? It seems that following the Leveson Inquiry report, a winter romance is developing between the Mail on Sunday and the Human Rights Act.
This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.