R (ClientEarth) v Secretary of State for Environment, Food & Rural Affairs, Supreme Court, 29 April 2015, judgment here
Bit of a history to this one, with 5 hearings so far. The short version is that in May 2013, the UK Supreme Court (here), faced with the UK’s non-compliance with EU Directive 2008/50 (nitrogen dioxide etc in air), decide to refer various issues to the CJEU in Luxembourg. In 2014, the CJEU said its piece, (C404-13 and my post here), and its views are now considered by the Supreme Court, hence this second SC judgment.
The UK has been in breach of Article 13 of the Air Quality Directive since 1 January 2010, by not complying with pollution limits in specified areas. ClientEarth, an environmental NGO, sought to enforce the Directive in the national courts. Defra admitted breach of Article 13 and the lower courts said that, given that admission, it was for the EU Commission, if it wished, to take infraction proceedings. The Supreme Court’s 2013 judgement disagreed; it granted a declaration that the UK was in breach of Article 13, and posed various questions about the meaning and enforcement of the Directive to the CJEU.
Zuchtvieh-Export (Judgment)  EUECJ C-4242/13 (23 April 2015) – read judgment
Animal welfare groups and campaigners for humane farming have welcomed the latest ruling by the European Court of Justice upholding the refusal of German authorities to allow the export of live cattle to Kazakhstan, a 7,000 km journey involving insufficient rest stops and unloading. According to Compassion in World Farming,
Every year, over three million animals are exported from the European Union to non-EU countries. Hundreds of thousands are destined for countries in Russia, Turkey, The Middle East and North Africa. (Live exports from the EU)
This was a referral from German municipal authorities on just this question. It sought a ruling from the European Court of Justice (CJEU) regarding the interpretation of Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations. Continue reading
Mirza v The Secretary of State for the Home Department  CSIH 28, 17 April 2015 – read judgment
On the same day as it handed down judgment in the Khan case (see Fraser Simpson’s post here), the Court of Session’s appeal chamber – the Inner House – provided further guidance on the relationship between the Immigration Rules and Article 8. Of particular interest in Mirza are the court’s comments on where the rights of a British spouse figure in the context of an application for leave to remain by his or her partner.
In the news:
“If the Conservatives come back into power it’s revolution time”. These are the words of ex-Court of Appeal judge Sir Antony Hooper at a legal aid protest rally on Thursday, as he called for lawyers to ‘walk-out’ in the event of a Conservative victory. At the same rally another senior judge, Sir Alan Moses, lamented that all political parties are ignoring “the plight of those who [cannot] afford a lawyer” – citing that only the Greens have pledged to reverse the cuts to legal aid.
However, academic Graham Gee warns against using disrespectful rhetoric when analysing the Tory manifesto. He argues people should avoid “creating an impression that [Conservative] proposals are beyond-the-pale and reflective only of short-term, self-interested calculations”.
Photo credit: Guardian
This week we welcome to the Blog our new team of commentators on Scottish human rights issues – Fraser Simpson, David Scott and Thomas Raine.
Khan v. The Advocate General for Scotland,  CSIH 29 – read judgment.
A Pakistani national refused leave to remain in the UK after expiry of his visitor visa has had his successful challenge to that decision upheld by Scotland’s civil appeal court, the Inner House of the Court of Session.
The request for leave to remain was initially refused under the Immigration Rules due to a lack of “insurmountable obstacles” preventing Mr Khan from continuing his family life in Pakistan. That decision was reduced (quashed) by the Lord Ordinary – a first-instance judge in the Outer House of the Court of Session – as although the decision had been in accordance with the Immigration Rules, the decision-maker had failed to undertake a proportionality assessment of the decision as required under Article 8 ECHR (read the Outer House judgment here).
JK, R(on the application of) v Secretary of State for Home Department and another  EWHC 990 (Admin) 20 April 2015 – read judgment
This case concerned the rights of transgender women, and their families, in particular the right to keep private the fact that they are transgender.
The Court heard a challenge to the requirement in the UK’s birth registration system that men who had changed gender from male to female should be listed as the “father” on the birth certificates of their biological children. Having decided that this did engage the claimant’s privacy rights under Article 8 of the European Convention of Human Rights, in conjunction with the right not to be discriminated against under Article 14, the Court concluded that the interference was justified.
Factual and legal background
The clamant JK had been born male. She was married to a woman, KK, and the couple had two naturally conceived children. After the birth of the first child in 2012, JK was diagnosed with gender identity disorder and concomitant gender dysphoria. In October 2012, she started a course of feminising hormone treatment. The treatment pathway requires two years living as a female before consideration is given for referral for gender reassignment surgery. Before the claimant started feminising hormone therapy, KK fell pregnant a second time, again conceiving naturally by the claimant. Continue reading