The Weekly Round-up: Protest injunctions, EU law overhaul, and UN reviews human rights in UK

16 November 2022 by

Source of photograph: https://www.bbc.co.uk/news/uk-england-london-63533012

In the news

The High Court has granted an injunction preventing M25 protests in response to Just Stop Oil activists gluing themselves to motorways in the past weeks. The injunction means that anyone fixing themselves to the road, or anyone assisting someone else in doing so, can be held in contempt of court and thus face imprisonment, an unlimited fine, and the seizure of assets. The decision follows a previous court order obtained against Insulate Britain who partook in similar protests earlier in the year. The existing injunctions now cover the M25, the M25 feeder roads, and major roads in Kent and around the Port of Dover until May 2023.

The proposed bill to overhaul EU law, the Retained EU Law (Revocation and Reform) Bill, could have devastating impacts on legal certainty in the UK, the Law Society have warned. The measures would allow ministers to overhaul laws without appropriate parliamentary scrutiny or public oversight, raising concerns over parliamentary sovereignty, legal certainty, and the rule of law, according to Society president Lubna Shuja. A clause in the bill would mean that many retained EU laws will expire at the end of 2023, with them going many basic protections. The Society has called for this ‘arbitrary and unrealistic’ 2023 deadline to be removed in order to allow a more measured review of the laws and what reform is necessary.

In other news

  • The UN Human Rights Council have reminded that the UK’s treatment of asylum seekers must comply with international law in their review of the human rights situation in the UK. The statement came alongside a call on the Government to give some certainty to asylum seekers by speeding up approvals instead of housing people in motels, stating the temporary accommodation they are kept in is ‘grim’. The examination was against the backdrop of plans to send migrants to Rwanda.
  • The Government have been accused of ‘rolling back’ on tackling modern slavery by the charity Anti-Slavery International. It is claimed that the UK has attempted to reclassify modern slavery as an immigration issue and that a rhetoric of ‘abusing the system’ diverts attention from the important issues. The charity says that the Rwanda scheme, for instance, fails to provide safeguards to prevent victims of modern slavery being targeted for relocation.

In the courts

  • In Commissioner of the Police of the Metropolis v A Police Conduct Panel [2022] EWHC 2857 (Admin), the High Court ordered that a new panel redetermine whether an officer’s behaviour amounted to gross misconduct in relation to the unauthorised use of firearms. The officer in question falsely stamped his personal firearms authorisation, meaning whenever a weapon was withdrawn by him, he used a false document authorising him to carry it. The Commissioner claimed judicial review of the panel assessing his conduct (who did not dismiss him) on 2 grounds: (i) the process by which his sanction was reached was unlawful; and (ii) the sanction awarded was irrational. Ground 1 was accepted on the basis that the Panel erred in law by considering testimonials when assessing the misconduct. Ground 2 was accepted on the basis that the only reasonable sanction was dismissal, whereas the panel only issued a written warning.
  • In Modi v Government of India [2022] EWHC 2829 (Admin), the High Court dismissed an appeal against a ruling ordering the Claimant to be extradited to India, who seek him for criminal proceedings. The appeal submitted that the extradition was oppressive within the meaning of s91 of the Extradition Act 2003 by virtue of his physical or mental condition. The court determined that while the risk of suicide is high, there are suitable medical provisions and an appropriate plan in place to mitigate this risk. The risk therefore did not cross the high threshold required to satisfy that the claimant’s condition is such that it would be oppressive to extradite him.
  • In AB v Chief Constable of British Transport Police [2022] EWHC 2749 (KB), the High Court dismissed an appeal against a judge’s declaration that the retention of records in relation to an incident involving the claimant was unlawful. The claimant has Asperger’s and experiences high levels of anxiety. Two women complained to the police that he had touched them inappropriately, but he was not charged with any offence. The police retain information about the complaints, which the claimant submits is unlawful on 2 grounds: (i) it is inaccurate, and the retention is therefore in breach of data protection; and (ii) it is a disproportionate interference with his Article 8 Convention rights. The appeal was dismissed for the fundamental reason that the records were intended to reflect the information provided to the police, rather than detailing the underlying facts of what happened.

Elsewhere on the UKHRB

  • Rosalind English discusses the HS2 protest injunction here.

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Aarhus Abortion Abu Qatada Abuse Access to justice adoption ALBA Allison Bailey Al Qaeda animal rights anonymity Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 8 Article 9 article 10 Article 11 article 13 Article 14 Artificial Intelligence Asbestos assisted suicide asylum Australia autism benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Catholicism Chagos Islanders Children children's rights China christianity citizenship civil liberties campaigners climate change clinical negligence Coercion common law confidentiality consent conservation constitution contempt of court Control orders Copyright coronavirus Coroners costs Court of Protection crime Cybersecurity Damages data protection death penalty defamation deportation deprivation of liberty Detention diplomatic immunity disability disclosure Discrimination disease divorce DNA domestic violence duty of candour duty of care ECHR ECtHR Education election Employment Employment Law Employment Tribunal Environment Equality Act Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Court of Justice evidence extradition extraordinary rendition Family Fertility FGM Finance football foreign criminals foreign office France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage Gaza gender genetics Germany Google Grenfell Health high court HIV home office Housing HRLA human rights Human Rights Act human rights news Huntington's Disease immigration India Indonesia injunction Inquests international law internet Inuit Iran Iraq Ireland Islam Israel Italy IVF Japan Judaism judicial review jury trial JUSTICE Justice and Security Bill Law Pod UK legal aid legality Leveson Inquiry LGBTQ Rights liability Libel Liberty Libya Lithuania local authorities marriage Maya Forstater mental capacity Mental Health military Ministry of Justice modern slavery music Muslim nationality national security NHS Northern Ireland nuclear challenges Obituary ouster clauses parental rights parliamentary expenses scandal patents Pensions Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries public law rehabilitation Reith Lectures Religion RightsInfo Right to assembly right to die right to family life Right to Privacy right to swim riots Roma Romania Round Up Royals Russia Saudi Arabia Scotland secrecy secret justice sexual offence sexual orientation Sikhism Smoking social media South Africa Spain special advocates Sports Standing statelessness stop and search Strasbourg Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture travel treaty TTIP Turkey UK Ukraine UK Supreme Court unduly harsh USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wind farms WomenInLaw YearInReview Zimbabwe
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