Lessons learned from the ‘Forced C-section’ case

3 December 2013 by

Pregnant-woman-001Updated x 2 | Journalist Christopher Booker reported in Saturday’s Telegraph that an Italian woman was forced by Essex County Council social services to have a cesarean section, and then had her baby taken away from her – all sanctioned by the Court of Protection.

The story has become international news. I was going to write in detail on this, but family law barrister Lucy Reed has done a much better job than I would have been able to do. Her blog is here. Essex County Council have also released a statement of facts, which is here. I also recommend Elizabeth Prochaska and Suesspicious Minds.

I will keep this very simple. It was pretty obvious, based on Christopher Booker and John Hemming’s form (see my blog from 2011), that we were only getting a partial view of the story.

Both are vocal campaigners against the secrecy of the family courts and “abuses” by social workers. I take no issue with that campaign. The Court of Appeal recently explained, in very strong language, why those who complain about human rights abuses in ‘forced adoption’ cases are often right.

But, I do take issue with the mangled and partial way in which this case was reported by the Telegraph and Booker. It was patently obvious to lawyers reading his article, which is presented as objective fact, that there were aspects which didn’t ring true.

Like the fact that the entire incident, leading to her being section under mental health laws, was prompted by her having “something of a panic attack when she couldn’t find the passports for her two daughters“. Or that the forced c-section happened after she “volubly protested” about not receiving her breakfast. Or that the social workers themselves were “given permission” by the High Court to arrange for the child to be delivered by c-section.

It seems that Lord Justice Munby, the President of the family courts, has now taken over the case and I expect we will hear quite a bit more about it through a public judgment.

Lessons learned? First, I would say that we have learned not to trust the Telegraph’s reporting of legal cases, but readers of this blog should have learned that lesson already. This story was reported from the perspective of the woman’s lawyers without qualification or clarification. Booker’s original article reads like a factual summary, not responsible journalism which would have involved careful calibration of the known facts with reference to their potentially unreliable source.

Second, the Court of Protection needs to publish more judgments. Lord Justice Munby has said as much and this case is a prime example of why this needs to be sorted out now, before the next Booker/Hemming outrage-a-thon is launched. If there had been a judgment published in one of the apparently numerous hearings in this case, we could have found it on Saturday and countered the Booker piece. Or Booker himself may have been able to add balance to his story, rather than relying uncritically on the account of the woman’s lawyers.

Finally, is this a case of a grave human rights abuse, or of a reasonable response by social services and treating doctors in a case involving a pregnant woman with severe mental health problems? It could still be either – crucially, although Essex have said there were “risks to mother and child”, we don’t know what those were. Hopefully, Lord Justice Munby will do his job and we can make up our minds with the full picture in view.

Update 15:30, 3/12/13 – The Judiciary website has published a transcript of a ruling from His Honour Judge Newton dated 1 February 2013, which provides a lot more detail. Also, this blog by Evan Harris, a former MP, medical doctor and campaigner for press responsibility, is excellent.

Update 2, 11:20, 5/12/13 – More information now from Mr Justice Mostyn, who has published a transcript from 23 August 2012, and included a handy note too – see AA, Re (Including: Note By Mr Justice Mostyn) [2013] EWHC 4378 (COP) (23 August 2012). This document and other information which has come to light has prompted two excellent (and damning) blog posts:

Sign up to free human rights updates by email, Facebook, Twitter or RSS

Related posts

21 comments


  1. Roya Azal says:

    You are missing one important fact, and that is that forced cesarians and forced adoptions are cruel. It is the cruelty of it all that evades the “legal specialists”. In other words: You are heartless. And while you are heartless and engage in your legal banter, cases such as this and much worse is happening. So, people start to dislike you. You – that is the “legal profession” in the UK, you, the legal professionals who make abuse legal.

  2. David Lamming says:

    A note by Mostyn J, commenting his decision, together with a transcript of his short judgment and of the hearing on 23 August 2012, has now been published on the BAILII website: http://www.bailii.org/ew/cases/EWHC/COP/2013/B23.html
    It will be seen that most of the uninformed criticism of the decision to allow the doctors to deliver baby P by C-section was ill-founded.

    1. Serlo says:

      The link is for the wrong case:

    2. tyelko says:

      Wrong link, it seems. But I read the actual one. http://www.bailii.org/ew/cases/EWHC/COP/2013/4378.html

      There are still plenty of questions such as whether the consulate was informed and whether she indeed was so sick she could not be consulted. And if yes, whether that was a natural consequence of her bipolar disorder or of a misdiagnosis by the NHS. The hearing protocol cites: “MISS BURNHAM: My Lord, it is said that she suffers from a schizophrenic disorder, which is psychotic in nature and she is currently under section 3. My Lord, that is as detailed as the identification of the disorder goes. It is in the report of Dr. Adimulam, which is at your clip 4. It is the second document entitled “private and confidential”.”

      So they were under the impression that she was psychotic.and did not have any more detailed information. They were evidently not aware that she suffered from bipolar disorder, as they say that “psychotic” is “as detailed as the identification of the disorder goes”.
      Makes you wonder if they actually treated her for schizophrenia all this time instead of severe bipolar depression with psychotic features.

  3. unlimitednow says:

    I have been trained to work with people with Bi polar disorder and it is per say NOT a mental illness. Three physical conditions caused by chemical and hormone imbalance have marked psychological effects. Two of these Bi Polar and Hypothyroidism are controlled by medication and sufferers lead normal lives. . What happened to this poor Italian woman and her child is the stuff of horror movies. I am deeply concerned that she will have suffered psychological damage due to this cruel and inhuman treatment meted out by UK State. What sort of oppressive State has Britain become that treats vulnerable women in this appalling way?

  4. Amala says:

    In the end a judge gave permission to perform a C section without the mother’s consent. This is fact. This is terrifying and surely a breach of the mother’s Human Rights.

  5. Great write up on this. The entire case was so awful and disgusting, and it’s just sickening to know that we live in a world where human rights are so blatantly squashed on this often. Hopefully the entire incident and case will prevent future issues like this from happening, and maybe people will learn from it.

  6. The operation without telling the mother of the doctor’s intentions was cruel indeed ;but far worse was the successful application by Essex to send the baby to forced adoption by strangers !Such a permanent separation from the mother and also the father,the grandmother,and the sister in law who all offered separately to be carers and from two half sisters eager to meet the new baby was both cruel and unecessary.There is absolutely no valid reason why an Italian baby with an extended italian family should not be dealt with in Italy by italian social services.UK social workers do not seem to trust social workers n other countries;Maybe because forced adoption either does not exist or is very very rare in the rest of europe.

    1. tyelko says:

      Actually, it does exist, included in Italy, BUT they will put the child in pre-adoption foster care for a period and only after observing the situation for a while is the decision to go through with an adoption made. That way, it can be assured that the situation is not made hastily. While the mother has had problems in the past, with her previous children given into the care of their grandmother, that is not to say she cannot get her act together. The fact that she attended a Ryanair training course suggests she was trying to put her life together. Alas, after this ordeal, she’s now taking care of an elderly couple… but at least gainfully employed.

  7. John Allman says:

    There remains, surely, the small matter that a non-consensual C section, is both cruel and, to say the least, unusual.

    1. Serlo says:

      Perhaps she should check that she hasn’t been sterilised whilst unconcious? That happened to a huge number of Roma women in the Czech Republic….

  8. Johanna says:

    I’m glad to find out the case may not have been QUITE as barbaric as billed … but I am still deeply troubled by the implication, especially in Evan Harris’ commentary, that this could be justified because of the woman’s psychiatric diagnosis: “The woman has a bipolar condition and courts have been told that she is affected by ‘manic episodes’ and paranoid delusions if she fails to take medication.”

    Remember, this is a woman who arrived in the UK at her employer’s expense to take training related to her airline job! Even if she did have a “bipolar condition” do those words erase her rights and ease our fears of a potential horrible injustice to the child as well? Who is in charge of deciding her “future risks”? What is the evidence that she committed this apparently ultimate crime of “failing to take medication”? And if so, did anyone bother to ask her why?

    As one who has lived with diagnoses and medications (often conflicting, and sometimes actively harmful) I shudder to think that we’re approaching a system where any of us can be ordered to take whatever drugs “social services” thinks are appropriate … or else. Neither the drugs nor the diagnoses are sent down from God, and both can be terribly ill-advised.

    1. tyelko says:

      Not to mention that by now, she has no airline job but is taking care of an elderly couple. It might well be that this whole episode not only ruined affected her family life but made it that much harder to professionally make a step forward either.

  9. Adam points out certain facts that he says “do not ring true” but nobody has proved otherwise ;Those who complain about booker say he is innaccurate but never point out any definite errors except for one judge who later admitted that the error he found was on my website on Friday well before the Booker article (without the error) was publishe on Sunday in the Sunday telegraph !
    I talked to the italian lady in question by phone last week and at her request passed on her name and contacts to booker and other journalists as she hopes that the publicity might ensure the rescue of her baby from forced adoption and its return to her;
    Judge newland has published his judgement on Bailii .He ,like me was mightily impressed by her mastery of english and her calm and logical demeanor in court.Alas however he ignored munby guidelines and because she could possibly relapse in future, sent the baby for forced adoption by strangers without explaining why it was not possible to give the child to the sister in law in new york,the father of the child in italy or the grandmother also in italy as all three had offered to be carers.This lady passed he two week course for Ryanair cabin crew ,was working before she came to uk and is fully employed as a housekeeper now;She was kept isolated froom her consulate or a solicitor or doctor of her choice without being informed of her legal right to appel for a discharge to an independent tribunal;as soon as she had the baby she was packed off to italy without her child .Icall that barbarism !

  10. tyelko says:

    I believe it is most definitely a case of human rights abuse towards the child, as it is forced to take on British nationality without need. The baby already has a nationality: As the child of an Italian, it is itself an Italian. Whereas for it to be British, a parent would have to be settled in the UK, which isn’t the case. The child should, as a minimum, have been given into the custody of Italian authorities. As for Judge Newton, the judge acknowledges that the mother has fully recovered. As for the speculation of not taking the medication in future, as this would be conduct happening in Italy, I do not see how it is within Judge Newton’s authority to pass judgment on the conduct of an Italian in Italy. The court is in my eyes overstepping its jurisdiction in the case.

  11. David Lamming says:

    The judgment of Judge Newton at Chelmsford County Court on 1 February 2013, making a placement order and dispensing with the parents’ consent to the adoption of P, was also published this morning on BAILII: http://www.bailii.org/ew/cases/Misc/2013/20.html

    The judgment does not set out all the evidence, but there must a question mark over whether Judge Newton’s decision is sustainable in the light of Re B [2013] 1 WLR 1911 (SC) and Re B-S [2013] EWCA Civ 1146 (CA), both of which cases were decided after Re P.

    In order to inform the debate on this case, it is surely vital that Munby P now authorises the release of the 23 August 2012 judgment of Mostyn J in the Court of Protection by which he gave permission for birth by C-section: see para 7 of Judge Newton’s judgment.

  12. William Benson says:

    And when Mumby, who is demanding transparency in the corrupt Family Courts, confirms the abuses in this case (like 1000s of others) will you apologise directly to everyone you have slated?

  13. Parmenides says:

    People moan about Booker all the time but he’s at least giving these issues prominence and is fighting with the same lack of factual information as everyone else.

    What is it with these courts that everything has to be so secret? It’s a secrecy that protects all the wrong people. Everything’s emerging now. Why?

    Nobody in England trusts social services any longer. That’s why the mockers went up and everyone kept schtum.

  14. truthaholics says:

    Whatever Lord Justice Munby may decide, enough facts have been exposed in this case to flag it up as draconian, hence it would be wise to remind ourselves of the perils of arbitrary state intervention as British family justice risks being brought into disrepute here, within and without our shores.

    Given that state intervention exists to alleviate not perpetuate the misery of suffering children, as a last not first resort, it is hard to see how an unborn foetus could possibly be documented to be at risk of significant harm from her own mother when she is already parenting two older siblings, and habitually resident abroad.

    Adequately justifying this on the basis of a panic attack she had whilst visiting this country in line with her work for a fortnight, raises a real bone of contention in the court of public opinion.

    Perhaps a more precise definition of risk of harm in the CA 1989 s31 threshold test is overdue, in line with downsizing disproportionality and the bringing the pendulum back in favour of less interventionism as recent case law indicates and Parliament always intended.

    This may serve to filter out the wheat from the chaff, and distinguish genuine cases of warranted child protection concerns from more exaggerated cases where risk is being hyped-up and projected to avert setting in motion an often irreversible chain of events resulting in splitting families up who should be kept together simply with a little assistance.

  15. Lucy Series says:

    Hi Adam,

    Great piece, and Lucy Reed’s is fantastic. I absolutely agree with you that this case demonstrates why published judgments are so important – to quell rumour and speculation. It is not only the Telegraph and the Mail, though, whose reports are filled with inaccuracies, even the Guardian’s coverage has been pretty suspect (although they have been quicker than most to rectify the line that ‘social workers’ applied for the caesarean). The case does raise profound human rights issues – the allegation that she was not notified is especially concerning, and I think in itself – if true – would have merited a published judgment.

    I do worry that the case is being hijacked by various vested interests. I hope it isn’t adding to the woman’s distress.

    1. William Benson says:

      Read Hemmings’ blog if you want to know what the woman thinks – http://johnhemming.blogspot.com/

      Also, the Italian version of Liberty have got involved. If you think this is just a hijacking you clearly have not been paying attention to the Family Courts.

Comments are closed.

Welcome to the UKHRB


This blog is run by 1 Crown Office Row barristers' chambers. Subscribe for free updates here. The blog's editorial team is:
Commissioning Editor: Jonathan Metzer
Editorial Team: Rosalind English
Angus McCullough QC David Hart QC
Martin Downs
Jim Duffy

Free email updates


Enter your email address to subscribe to this blog for free and receive weekly notifications of new posts by email.

Subscribe

Categories


Tags


#50cases #catgate #fighthatewithhumanrights #lawblogs 7/7 7/7 bombing 7/7 inquest 7/7 inquests 9/11 100 years of women in law 1688 bill of rights 2010 General Election 2012 in review 2012 year in review 2017 @Iamspartacus a1p1 a1p1 breach A1P1 damages Aarhus Aarhus Convention A B and C abbas hall Abid Naseer ablyazov abortion Absent Witness Abu Hamza abu qatada abuse of dominant position abuse of private information abuse of process academic freedom access to courts access to information Access to justice accountability acoustic shock acquired disorder AC v Berkshire Addison Lee Adetoro v United Kingdom adjudication administrative law admissability criteria adoption adoption orders advance decision advance directive advertisements advertising affirmative action Afghanistan age assessment agency age of criminal responsibility aggravated damages agreement Agriculture Ahava Ahmad Faraz Khan AI air noise air pollution air quality air travel Al-Saadoon and Mufdhi Alan Turing ALBA alcohol dependence algorithm algorithms Alien Tort Statute alignment problem Al Jedda allergy allocation of resources Al Qaeda Al Quaeda Al Rawi Al Skeini alternative medicine alternative therapy altruism American Declaration of Independence Amnesty International Amnesty International 2010 Report amphibians amusement parks ancillary relief Andy Coulson animal cruelty animal culls animal rights Animals animal welfare anonymising anonymity anonymous website anorexia nervosa an rights Ansari ANS v ML [2012] UKSC 30 anti-blasphemy laws anti-discriminatiom anti-semitism anti-terrorism review anti-terrorist legislation antibody antiretrovirals anxious scrutiny AONB A P Herbert appeal Appeals archeology Arctic charr Arhuus Convention Armed forces army arrest Article 1 Protocol 1 Article 2 article 3 article 3 UNCRC article 5 Article 5 ECHR article 5(3) Article 6 article 6 criminal Article 6(3) Article 8 Article 8 claim against council Article 8 protection of privacy Article 9 article 10 Article 11 article 13 Article 14 Article 50 article 263 TFEU artificial hydration and nutrition Artificial Intelligence artificial nutrition and hydration Artile 8 asbestosis Assange Assange extradition assisted reproduction assisted suicide assisting suicide associated newspapers asylum asylum amnesty asylum claim asylum law asylum seeker asylum seeker death driver asylum seekers ATE premiums atheism Atul Gawande audio Australia australian constitution autism autonomy axel springer axel springer ag ayslum Azelle Rodney babar ahmad baby Baby P badger cull badgers Badger Trust bad judges bad tackle Baha Mousa Public Inquiry Bahta & Ors bail BAILII bailout Balen Report ban bankers bonuses Bank Mellat baptism barclay brothers barristers bats' rights battlefield BBC beaches bedroom tax beijing belief benefit cap benefits bereavement damages best interests big business bike training service bilateral trade treaty bill of right Bill of Rights Bill of rights commission Bingham Rule of Law Centre Binyam Mohamed bioethics biology biomedicine biometric data biotechnology bipolar disorder birds directive birmingham birth certificate births deaths and marriages BJ (INCAPACITATED ADULT) sub nom SALFORD CITY COUNCIL v BJ Black & Morgan v. Wilkinson blawg blawg review blight blogging blogosphere blogs blood Bloody Sunday Bloody Sunday findings BNP boaters boats Body scanners Boris Johnson bovine TB bradley manning BRCA BRCA gene BRCA mutation breach of Article 6 breach of Article 6(1) breach of confidence breast cancer brevet brexit Brian Haw bribery Bribery Act 2010 Brighton Conference Brighton Declaration British Airways British Airways v Unite British Bill of Rights British Chiropractic Association British citizenship British constitution British embassy british lawyers British soldiers Broadmoor bronze soldier brownlie browsing BSkyB BUCKLAND v. THE UNITED KINGDOM - 40060/08 - HEJUD Buddhism budget Bull v Hall burkha Burnham Market Book Festival Cadder Cafcass Canada canal cancellation cancer CAP capacity carbon capture cardio-pulmonary resuscitation Care and Support Bill care home care home; elderly people; dementia; capacity; deprivation of liberty care homes care order Care orders care proceedings car insurance carnivores Carson v UK case law Case Note Catholic Care Catholic Church catholic midwives CBI CCTV cerebral palsy CETA CFAs chagos Chagos Islanders charitable objects charity Charity Commission Charles J read judgment Simon Lewis Charlie Hebdo charter Charter of Fundamental Rights chemotherapy chief coroner child child's best interests child abduction child poverty Child Poverty Action Group child protection Children children's homes children's rights Children Act children giving evidence child welfare chimpanzees China Chindamo Chris Grayling Chris Packham Christian christianity church church of scientology CIA circumcision citizens advice bureau citizenship citizens rights civil liberties civil liberties campaigners civil partnerships civil proceedings civl partnerships CJEU CJEU rule of law class of degree client earth climate change climate change sceptic climategate climate research unit clinical need clinical negligence cloning closed material procedure Closed Material Procedures Coalition agreement Coalition Government Code Civile code of conduct cohabitees cold calling Cologne combat immunity comments comment thread commission Commission for Equality & Human Rights Commission on a Bill of Rights common buzzard common law common law rights communications Communications Act 2003 communications data Communications Data Bill 2008 Compassion in World Farming compelementary medicine compensation competition complementary medicine compulsory detention compulsory labour computer hacking computer science concentration camps conditional fee agreements conditions Confederation of British Industry confidentiality confiscation order conscience conscience clause conscientious objection consent conservation Conservative Party Conservatives constitution constitutional court of south africa constitutional disorder construction consultation consultation responses contact order contact point contempt of court contempt of court act content neutrality content providers contingency fee arrangements contract control and restraint Control orders Convention system of protection Conway cookies copying Copyright copyright infringement cornrows coronavirus coroner Coroner's inquest coroners Coroners and Justice Act 2009 corporal punishment cosmetics testing costs Costs and Procedure costs budgets council Council of Europe Counter Terrorism and Security Bill cour de cassation court Court of Justice of the European Union Court of Protection Court of Session Court Orders court procedure Courts Bill Courts Martial Covent Garden Coventry Council CPR gateway CPS CRB challenge credibiility] credibility cricket crime crimes against humanity Criminal criminal conviction Criminal Courts Charge criminal justice Criminal Justice and Courts Bill criminal law Criminal Legal Aid criminal prosecution criminal records criminal responsibility criminal sentencing Cross Examination Crown Prosecution Service crr crucifix cryonic preservation custody custody dispute cuts Cybersecurity D daily mail Daily Mirror Dajid Singh Shergill Dale Farm evictions damage Damages dangerous nonsense database data controller data processing data protection data retention data sharing data snooping date rape david cameron David Chaytor David James David Kelly David Miranda day care closures death death match death penalty Debbie Purdy declaration declaration of incompatibility defamation Defamation Act Defamation Bill defaming the dead defence of illegality defendant's costs order deficit defmation DEFRA delegated legislation democracy Democracy village demolition order demotion Dennis Gill dentist's registration fees Department of Health deportation deportation cases deprivation of liberty deprivation of property derogations Detainee inquiry Detention determinism devolution devolved government Dewani diagnosis Diane Pretty Dica diego garcia Digital Economy Act 2010 Digital Economy Bill Dignitas dignity Dignity in Dying diplomacy diplomatic immunity direct action Directive direct marketing director of public prosecutions disability Disability-related harassment disabled claimants disciplinary hearing disclosure Disclosure of Previous Convictions discretionary leave to remain discretion to quash Discrimination Discrimination law disease dismissal disqualification dissenting judges Divisional Court divorce DNA DNA database DNA home-testing DNA retention DNA testing doctor doctor-patient relationship doctors doctrine of double effect doctrine of state act does it matter? domestic violence domestic workers Dominic Grieve don't ask don't ask don't tell don't tell donor Do Not Resuscitate Notices Doogan and Wood do trees have rights? double conviction DPP guidelines Dr Chhabra dripa driving licence driving penalty Drones Drone strikes drug dealer damages drug offence Dr Zakir Naik Dublin Convention Dublin II Dublin III regulation Dublin II Regulation Dublin Regulation Dudko duties duty of care duty to investigate duty to rescue eastenders eating horses ECHR economic and social rights economic loss economic rights ECtHR Ed Snowden Education Edward Snowden EHRC elderly election election court election results Electoral Commission report Electoral law electric cars electricity Elizabeth Warren ellie butler el masri embryo embryonic stem cells embryos emergency budget emissions trading employers Employment employment appeal tribunal employment disputes employment law employment rights Employment Tribunal fees employment tribunals employment vetting English Defence Leauge English translation enhanced criminal record checks entitlement Environment environmental challenges environmental impact assessment environmental information environmental justice Environmental law environmental law foundation environmental liability directive environmental protection environmental rights environment brexit Envrionmental Information Directive epa endangerment finding eployment Equality Act Equality Act 2010 Equality and Human Rights Commission Equality and Human Rights Commission v Prime Minister & Ors [2011] EWHC 2401 (Admin) - equality of arms equal marriage equal marriage consultation equal treatment erika espionage ethics EU eu and strasbourg EU Charter EU Charter of Fundamental Rights EU Charter of Fundamental Rights and Freedoms eu commission EU competence eu costs eu courts EU criminal Law opt out eu documents eu law Europe european european arrest warrant European Charter European Charter of Fundamental Rights European Charter of Fundamental Rigths European Commission European Communities Act European Convention European Convention on Human Rights European Court European Court of European Court of Human Rights European Court of Human Rights reform European Court of Justice european disability forum European law European Sanctions Blog European Social Charter european union Eurozone EUSFTA eu state liability euthanasia EU transparency EU Turkey summit EU waste directive eviction evidence evidence-based medicine Evidence-based policy evidence of torture evironmental assessment evolution ex-pats exceptional case funding exceptionality excessive taxes exclusion exclusion order executions exhaustion of domestic remedies expenses expenses scandal expert evidence Expert evidence on foreign law Express extinct extinction rebellion extra-jurisdictional reach of ECHR extra-territoriality extradition extradition act extradition procedures extradition review extraordinary rendition Eyjafjallajökull volcano Facebook Facebook contempt facial recognition factitious disorder factory farming fair procedures Fair Trial faith courts fake news false imprisonment false passport Families Need Fathers Family Family Court family courts Family Courts without a Lawyer: A Handbook for Litigants in Person family division Family Justice Review family law family legal aid Family life farage farm farm animals farming fast-track removal fatal accidents act fathers fathers rights feature fertility treatment FGM finance Financial Conduct Authority financial dependency financial harm financial information Financial Services Authority Firat Dink First Amendment first publishers fisheries fishing claims fishing industry fishing quota fishing rights fitness to practise Flood v The Times Flood v Times foetus foia food banks forced marriage force feeding foreign criminals foreign office foreign policy forensic science format shifting Fourteenth Amendment fracking France francovich freedom freedom of assembly Freedom of Association freedom of conscience Freedom of Expression freedom of information Freedom of Information Act 2000 freedom of movement freedom of speech freedom of the press free expression Freemen of the land free movement of goods free speech free will freezing assets French schools FTP fundamental rights Funeral pyre Future of legal blogging G (Children) G4S G20 protest Gabrielle Giffords Gaddafi regime gainsborough game birds Gamu Nhengu gangbo gang injunctions Garry Mann gary dobson Gary McFarlane gay couple gay discrimination Gay marriage gay rights gay soldiers Gaza Gaza conflict gazza GCHQ gdpr GE 2017 gearbox Gender gender reassignment General Dental Council General Duty General Election general election 2010 general election 2019 General Medical Council genes genetic affinity genetic discrimination genetic disorder genetic engineering genetic information Genetic Information Nondiscrimination Act genetic modification genetics genetic testing Geneva Convention genome genome sequencing Geoff Hoon George Osborne German Chancellor German court Germany germ line mutation Ghailani GlaxoSmithKlein gmc Goldman Sachs golf course Google government governmental bodies GP privacy grayling consultation Great Repeal Bill green belt grenfell Gresham College grooming gross offence Guantanamo Bay Guardian News and Media Ltd guernsey G v E & Ors G v E & Ors [2011] EWCA Civ 939 gwyneth paltrow gypsies H1N1 habeas corpus habitats Habitats Directive habitats protection hackgate Halsbury's Law Exchange hammerton v uk hancock Haney happy new year harassment Hardeep Singh Haringey Council haringey council tax benefit Harkins and Edwards hate speech Health healthcare health insurance hearing loss Heathrow heist heightened scrutiny Henry VII Henry VIII herd immunity hereditary disorder High Court of Justiciary high speed train route Hindu Hirst No. 2 Hirst v UK HIV HJ Iran HM (Iraq) v The Secretary of state for the home department [2010] EWCA Civ 1322 Holder holkham beach holocaust home homelessness Home Office Home Office v Tariq homeopathy Homo Deus homophobia homo sapiens homosexual hooding horisontality horizontal application horizontal effect horsemeat hospitals Hounslow v Powell House of Commons Housing housing benefit housing benefits Howard Donald Howard League for Penal Reform how judges decide cases hra damages claim HRA incorporation Hrant Dink HRLA HS2 hs2 challenge hts http://ukhumanrightsblog.com/2011/04/11/us-state-department-reports-on-uk-human-rights/ human being human dignity Human Fertilisation and Embryology Act Human Fertilisation and Embryology Authority human genome humanism human rights Human Rights Act Human Rights Act 1998 human rights advocacy Human rights and the UK constitution human rights commission human rights conventions human rights damages Human Rights Day human rights decisions Human Rights Information Project human rights in private disputes human rights news human rights record Human Rights Watch human right to education Human Tissue Act human trafficking hung parliament hunting Huntington's Chorea Huntington's Disease HXA hyper injunctions Ian McEwan ICAO Igor Sutyagin illegal immigration illegality illegality defence illegitimacy image rights imaginary litigation immigration Immigration/Extradition Immigration Act 2014 immigration appeals immigration detention immigration judge immigration rules immunity Imports incorporation HRA increase of sanction indefinite leave to remain indian advocates indian supreme court indirect discrimination Indonesia Industrial Action informed consent Infrastructure Planning Committee inherent jurisdiction inherited disease Inhuman and degrading treatment injunction injunction continued inland revenue Inquest inquest law Inquests inquiry insanity inshore fleet insult insurance insurmountable obstacles intellectual property intelligence intelligence services act intensive care intercept evidence interception interests of the child interim remedies international international comity international conflict international court of justice international criminal court international humanitarian law international human rights international human rights law International Labour Organisation international law International Stem Cell Corporation international treaty obligations internet internet libel internet service providers internment internship interrogation intrusion inuit invasive species invention investigation investigative duty in vitro fertilisation Iran iranian bank sanctions Iranian nuclear program iran sanctions Iraq Iraqi asylum seeker Iraq War Ireland Irish Constitution irrationality ISC ISIL islam isolated nucleic acids isolation Israel israeli palestinian conflict italian ships Italy iTunes IVF ivory ban Jack Dorsey jackson reforms Janowiec and Others v Russia ( Japan japanese knotweed Jason Smith jean charles de menezes Jeet Singh Jefferies jehovah's witnesses Jeremy Clarkson Jeremy Corbyn jeremy hunt jihad Jihadi brides jihadists JIH identity jim duffy job jobseekers' allowance Jogee John Hemming John Terry joint enterprise joint tenancy jonathan sumption Jon Guant Joseph v Spiller journalism judaism judges Judges and Juries judging judgment judgment in default Judicial activism judicial brevity judicial deference Judicial immunity judicial no-mans land judicial oversight judicial power judicial review Judicial Review reform Judicial Studies Board judiciary Julian Assange Julian Asssange Juncker jurisdiction jury trial JUSTICE Justice and Security Act Justice and Security Bill Justice and Security Green Paper Justice Cameron Justice Human Rights Awards JUSTICE Human Rights Awards 2010 justiciability justification just satisfaction Kant Katyn Massacre Kay v Lambeth Kay v UK kazakstan Ken Clarke Ken Pease Kerry McCarthy Kettling Khan v Advocate General for Scotland khordokovsky Kings College Kiobel Klimas koran burning laboratory animals laboratory test Labour labour law lack of reasons Lady Hale land landfill gas landowner landowners language lansley NHS reforms LASPO Law Commission Law Pod UK Law Society Law Society of Scotland leave to enter leave to remain Lee Rigby legal advice privilege legal aid legal aid cuts Legal Aid desert Legal Aid Reforms legal blogs Legal Certainty legality legal naughty step Legal Ombudsman legal privilege legal profession legal professional privilege legal representation legitimate expectation let as a dwelling Leveson Inquiry Levi Bellfield lewisham hospital closure Lewis Malcolm Calver liability Libel libel reform Liberal Democrat Conference Liberal Democrats liberal humanism Liberty libraries closure library closures licence conditions licence to shoot licensee life insurance life orders life sentence life support limestone pavements limitation lisbon treaty Lithuania litigant in person litvinenko live exports livestock livestock trade living instrument living will LME local authorities local government locked in syndrome locus standi london borough of merton London Legal Walk London Probation Trust Lord Bingham Lord Bingham of Cornhill Lord Blair Lord Carey Lord Goldsmith lord irvine Lord Judge Lord Judge speech Lord Justice Jackson Lord Kerr Lord Lester Lord Mance Lord Neuberger Lord Phillips Lord Rodger Lord Sales Lord Saville Report Lord Sumption Lord Taylor LSC tender luftur rahman MAGA Magna Carta Magna Carter Mail Online mail on sunday Majority Verdict Malcolm Kennedy male circumcision malice malicious falsehood mandela M and Others v Her Majesty’s Treasury manifestation of belief manifestos Margaret Thatcher Margin of Appreciation margin of discretion Maria Gallastegui Marie Colvin marine conservation marine environmental law marine sanctuaries Mark Kennedy mark twain marriage marriage act 1949 material support maternity pay Matthew Woods Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2011] EWHC 2068 (QB) Maya the Cat Mba v London Borough Of Merton Mcfarlane McKenzie friend me/cfs research Media and Censorship media judge Medical medical confidentiality medical ethics medical evidence medical liability medical negligence medical profession medical qualifications medical records medical treatment medicine mental capacity mental capacity; press; reporting restrictions Mental Capacity Act Mental Capacity Act 2005 Mental Health mental health act mental health advocacy mental health awareness Mental Health Courts mental health hospital Mental illness merits review mesothelioma metgate MGN v UK michael gove Middle Temple Midwives Milly Dowler minimally conscious minimum income minimum sentence Ministerial Code Ministry of Justice Ministry of Justice cuts miscarriage of justice misfeasance in public office missiles misuse of private information mitochondrial disease MMR MMR vaccination modern slavery Mohamed monitoring powers monsanto montgomery mooring moral circle morality morocco mortgage fraud mortuaries motherhood motor neuron disease Motor Neurone disease Moulton Mousa movement for democratic change MP expenses Mr Brewer Mr Gul Mr Justice Eady Mr Justice Sharp MS (Palestinian Territories) (FC) (Appellant) v Secretary of State for the Home Department Munchausen Munchausen by proxy murder murder reform music Musician's Union Muslim mustafa kamal mutation mutations myanmar MY Cannis my kingdom for a horse Myriad NADA v. SWITZERLAND - 10593/08 - HEJUD [2012] ECHR 1691 Nadja Benaissa naked rambler Naomi Campbell narcolepsy National Health Act nationality National Origin National Pro Bono Week national security national sovereignty Natural England natural rights nature nature conservation naturism Nazi neanderthals necessary implication need for legal aid needs assessment negligence neighbour dispute Neuberger neural degeneration neurogenerative disease neuroscience Newcastle university news News of the World news roundup new Supreme Court President NGO standing NHS NHS Risk Register NICE Nick Clegg Nicklinson Niqaab niqab No Angels Noise Regulations 2005 non-justiciability nonhuman animals non voluntary euthanasia Northern Ireland Northern Irish Assembly notification requirements nuclear challenges nuisance nurse nursing nursing home obiter dicta Occupy London offensive jokes Offensive Speech offensive t shirt official solicitor of Rights Commission oil and gas oil spill olympics open justice oppress oppressive treatment OPQ v BJM orchestra orthodox schools Osama Bin Laden Osborn v The Parole Board [2013] UKSC 61 ouster clause overseas aid Oxford University Palestinian Territories palliative care palliative sedation paramount consideration paramountcy principle parental responsibility order parental rights parenthood parents responsibility parking spaces parliament parliamentary expenses parliamentary expenses scandal Parliamentary sovereignty Parliament square parole parole board party funding passengers rights passing off passive smoking passport passport seizure pastor Terry Jones patent patents paternity Pathway Students patiets' rights Patrick Quinn murder Paul Chambers PCOs peace-keeping operations Pensions people for the ethical treatment of animals (Peta) performers' rights permanent injunction persecution persistent vegetative state personal data personal information Personal Injury personality rights Personal life perversity Pet Animals Act 1951 Peter and Hazelmary Bull Peter Gibson pet shops PF and EF v UK Philip Lawrence Phil Woolas phone hacking phone taps photos photovoltaics physical and mental disabilities physical restraint physician assisted death Pinnock Piracy PJS placement order planning planning human rights planning system planning time limits plantagenet plebgate pleural plaques POCA podcast points poison Poland Police police investigations police liability police misconduct police powers police surveillance policing Policy Exchange report political advertising political judges political persecution politicians for hire Politics Politics/Public Order pollution polonium poor reporting Pope Pope's visit Pope Benedict porsche 917 portal possession order possession proceedings post mortem Posts power of attorney PoW letters to ministers pre-nup pre-nuptial Pre-trial detention predator control pregnancy preliminary reference prerogative powers press Press Association press briefing press freedom Priest priests primary legislation Prince Andrew Prince Charles prince of wales princess caroline of monaco principle of subsidiarity prior restraint prison Prisoners prisoners rights prisoners voting prisoner vote prisoner votes prisoner voting prison numbers prison rules Prisons prison vote privacy privacy injunction privacy law through the front door private disputes Private life private nuisance private use procedural unfairness Procedure proceeds of crime Professional Discipline professional indemnity Professional life Property property rights proportionality prosecution Protection of Freedoms Act Protection of Freedoms Bill protective costs Protest protest camp protest rights Protocol 15 psychiatric hospitals psychology psychotherapy Public/Private public access publication public authorities public authority public bodies Public Bodies Bill public figure public funding public inquiries public inquiry public interest public interest environmental litigation public interest immunity public interest litigation publicity public law unfairness Public Order public powers public procurement Public Sector Equality Duty Public Services Ombudsman Putin putting the past behind quango quantum quarantine Queen's Speech queer in the 21st century R (on the application of) v Joint Committee of Primary Care Trusts & Anor [2012] EWCA Civ 472 R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 R (on the application of) v The General Medical Council [2013] EWHC 2839 (Admin) R (on the application of EH) v Secretary of State for the Home Department [2012] EWHC 2569 (Admin) R (on the application of G) v The Governors of X School Rabone Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2 Race race relations Rachel Corrie racial discrimination Racial equality radio radiotherapy Radmacher Raed Salah Mahajna Raed Saleh Ramsgate randomised controlled trial rape rape case raptors Ratcliffe 6 Ratcliffe on Soar Ratcliffe power station rating rationality rcs RCW v A Local Authority reasonableness reasons reasons challenges recent case law and news Recent posts reception conditions recognition of judgments recreational rights Redfearn v UK referendum reform refugee applications refugee crisis refugee status refusal of treatment Registrar of Births Deaths and Marriages registration regulatory rehabilitation of offenders Reith Lectures Re J (A Child: Disclosure) [2012] EWCA Civ 1204 relgious freedom Religion religion in the courts religious beliefs religious discrimination religious freedom religious prosecution remedies renewables subsidies rent repeal reporting restrictions representation reproductive rights reproductive technologies reproductive wrongs rescue rescuer's claim resettlement of offenders resource allocation respect for family life responsibility in tort restrictions on exports restrictions on liberty results 2010 resuscitation retrospective application of the Human Rights Act retrospective legislation retrospective penalty retrospectivity rev paul nicholson reynolds Reynolds defence Re [2012] EWCA Civ 1233 richard III Richard O'Dwyer right of appeal rightsifno RightsInfo rights of children Right to a fair hearing right to a fair trial right to a home right to a remedy right to artistic expression right to a student loan right to autonomy right to autonomy and privacy right to die right to dies right to die with dignity right to dignity right to education right to expression right to family life right to food right to free enjoyment of possessions right to information right to liberty right to life right to peaceful enjoyment of property Right to Privacy right to private and family life right to refuse treatment right to respect for private life right to silence right to strike right to swim right to truth right to vote Rihanna Rio Ferdinand riots ripa rise of fascism risk risk assessment rival supermarkets Roma Roman Catholic Roman Catholic Church roman catholic schools Romania Rooney's Gold roundup roundup ready Royal Brompton and Harefield NHS Foundation Trust royal dutch petroleum royal name Royal Oper House Royal Prerogative rule of law Rupert Jackson Rusal Russia russia and human rights Russian Federal Security Service Rutherford Ryanair s sadie frost Safari same-sex same sex parents same sex partnerships same sex relationship sanctions set aside sanctity of life Sandiford Sapiens Sarah Ferguson sark satire saudi arabia Savage (Respondent) v South Essex Partnership NHS Foundation Trust Saville Report schedule 7 schizophrenia school building school surveillance schrems science scientific atheism scientific research scientology Scoppola Scotland Scotland Act Scotland Act 1998 Scotland Bill Scottish Government Scottish Human Rights Commission scottish landlord and tenant Scottish Parliament SCOTUS sea fishing seals Seal v UK search engines search powers secondary legislation secondary smoking secrecy Secretary of State Secretary of State for the Home Department v AP secret courts secret criminal trial secret evidence secret justice Secret trials sectarianism secularism security security cameras security services security vetting Sedar Mohammed segregation Select Committee on AI self-defence self-incrimination seminar sentencing September 11 serco serious harm sermon Seroxat service outside jurisdiction set-off Sewel Convention sex abuse sex ban sex ban low IQ sex offender Sex offenders sex register sexual abuse Sexual Offences sexual orientation sexual orientation regulations SFO investigation sfo unlawfulness shaker aamer Shamima Begum sham marriage shared residence order Sharon Shoesmith shetland shipping shipwreck Shirley Chaplin shooting shoulder shrug should trees have rights SIAC sihkism Simon Singh sir alan ward Sir Nicholas Wall Sir Peter six months rule slander slaughterhouses slavery smacking small claims court small solar Smith Smith & Ors v The Ministry of Defence [2012] EWCA Civ 1365 smog smoking ban Snyder v Phelps social and economic rights social benefits social housing socialite social media social security law social welfare social workers Solicitorsfromhell website solitary confinement soma somali pirates sources South Africa south african constitution sovereignty Sovereignty clause soviet union soybean Spanish properties spare room subsidy special advocate special advocates species specific performance spending cuts spielmann squatters Standing standing rules starvation state immunity statelessness statute statutory power Statutory purpose stay of execution stem cell research stem cells stem cell therapy Stephen Gough stephen sedley stepping hill hospital Sterilisation steve macqueen Steven Neary stobart-law stop and search stop powers Stormont Assembly storms Strasborug Strasbourg Strasbourg Court strasbourg damages pirates strasbourg law Strasbourg terminology strategic environmental assessment strike strike out Strikes student loans sturgeon subsidies Sugar v BBC suicide suicide act 1961 super injunction super injunctions supermax prisons superstition Supreme Court Supreme Court Live Supreme Court of Canada Supreme Court Scotland surgery surrogacy surrogacy arrangement surveillance swine flu Syria systemic violence Take That tallinn tariff Taser Tax tax avoidance tax discrimination tchenguiz technology Telegraph telephone preference service television justice tenancy tent city termination termination of pregnancy terror asset freezing Terrorism terrorism act terrorism act 2000 terrorism legislation terrorism prosecution terrorist finance terrorist threat terry pratchett Tesla testamentary dispositions The Bike Project the Catholic church The Corner House theism The Law in These Parts therapy Theresa May the right to privacy The Stig The Sun third countries third party appeals three way case time limits time limits in human rights Tobacco tobacco cartels Top Gear tort Torture torture inquiry totally without merit TPIM TPP tracking trade trade secrets trades unions trade union congress Trade Unions transexual transsexual transsexuals travel travellers travel restrictions treason treatment treaty treaty accession trial by jury trolling TTIP TTM v London Borough of Hackney & Ors Tugendhat tumour Turkey tweeting in court Twitter twitter in court Twitter Joke Trial UK UK citizenship uk constitution UK election UK Human Rights Blog UK Human Rights Roundup UKIP UK Jewish Film Festival ukraine UK Supreme Court UK Uncut ultra orthodox jews ultra vires UN unable to vote unacceptable behaviour policy unaccompanied minors unborn child UN Convention on the Rights of the Child unelected judges unemployment unfair consultation unfair dismissal unfairness at hearing Unison Unite United Against Fascism Group United Kingdom United Nations United States United States v Windsor universal declaration of human rights universal jurisdiction Universal Periodic Review University University Fees university of east anglia University of Southampton unjust and oppressive unlawful arrest unlawful detention unpaid work schemes UN Resolution unsolicited calls UPR US aviation US Constitution use as of right US Supreme Court vaccination Valkyries variants veganism vehicle breakdown vetting and barring vicarious liability victim victim status Victoria Climbie victorian charter Vienna airport vigilantism villagisation vinton cerf violence violist visa scheme vivisection voluntary euthanasia Volunteers voter compensation voters compensation voting voting compensation vulnerable Wagner Wakefield Wales War war correspondents ward of court War Horse water utilities Watts Wayne Rooney Websites welfare of child welfare of children welfare of the child welfare state welsh bill western sahara whaling What would happen if the UK withdrew from the European Court of Human Rights whimbrel whisky Whistleblowing WHO who is JIH whole gene sequencing whole life orders whorship Wikileaked cable Wikileaks wiklleaks Wild Law wildlife Wildlife and Countryside Act will William Hague William Marbury wills wind farms wind turbine Winterbourne View witchcraft withdrawal of treatment wolves women's rights Woolas worboys Workers working time directive wrongful birth wrongful conception wrongful life WTO wuhan X AND OTHERS v. AUSTRIA - 19010/07 - HEJUD [2013] ECHR 148 X Factor XX v Secretary of State for the Home Department [2012] EWCA Civ 742 X Y and Z v UK Yemshaw Yildirim v Turkey Your freedom website YouTube yukos Yuval Noah Hariri Zakir Naik Zanu-PF Zero Hours Contracts ZH (Tanzania) v Secretary of State for the Home Department Zimbabwe Zimbabwe farm invasions ZN (Afghanistan) (FC) and others ZZ [2015] CSIH 29 [2015] CSOH 168 £750

Disclaimer


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.

Our privacy policy can be found on our ‘subscribe’ page or by clicking here.

%d bloggers like this: