Category: In the news
16 November 2015 by Guest Contributor
Lord Carlile QC, former Independent Reviewer of Terrorism Legislation, has said that in the aftermath of the Paris attacks last weekend, Parliament should fast-track the Investigatory Powers Bill into law. Given his extensive experience in the field, Lord Carlile’s views should not be taken lightly. But Lord Carlile is wrong. To fast-track the Investigatory Powers Bill is undesirable and unnecessary. It would also end a crucial public conversation in a wrong-headed paroxysm of governmental action.
An Undesirable Response
Fast-track national security law is undesirable for (at least) two reasons. First, legislatures tend not to function well in the aftermath of any emergency. If they legislate immediately, the result is often not just overreach, but legislation that is bad in technical terms. Second, these general concerns are of especial significance in this field of law, because existing flaws in our investigatory powers law are a result of failures of scrutiny in the past.
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14 November 2015 by David Hart KC
McMorn (R, on the application of) v Natural England [2015] EWHC 3297 (Admin) – read judgment
An interesting point arose in this judicial review (for which see Rosalind English’s post here). Could the claimant could get the benefit of an order that any costs he might have had to pay were capped at £5,000? The original judge, Thirlwall J, when granting permission, had refused this costs protection. Ouseley J granted it, though, because the claimant won, the order is academic (short of a successful appeal by the defendant).
This kind of costs protection only applies when the claim is an environmental claim covered by the Aarhus Convention: see a whole list of posts at the end of this one, including the true bluffer’s guide here. The UK has been dragged kicking and screaming into compliance with the Aarhus costs requirements, that environmental challenges not be “prohibitively expensive”, thanks to a combination of the Convention’s own enforcement body and the EU Court in Luxembourg.
But the domestic courts have had some difficulty in deciding what is or is not comes within an environmental challenge.
As we will see, the judge also thought that an Aarhus claim requires a more intensive review of the substantive decision than might have been applied had the claim been a typical domestic challenge on grounds of irrationality. I deal with that point first.
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14 November 2015 by Rosalind English
McMorn (R, on the application of) v Natural England [2015] EWHC 3297 (Admin) – read judgment
Public opinion regarding raptors and pheasant shoots should not influence the authorisation of buzzard control, the Administrative Court has ruled. Any derogations to the EU protection of wild birds should apply equally across wild avian species, irrespective of their popularity.
This was a gamekeeper’s challenge to the refusal by the defendant statutory body (Natural England) to grant him a licence under the Wildlife and Countryside Act 1981 to kill buzzards which he said were destroying such high numbers of game birds as to render his shoot unviable.
At the heart of the claimant’s challenge was his contention that NE treated raptors differently from other wild birds, making it far harder, well-nigh if not quite impossible, for anyone to meet the statutory conditions for the issue of a licence.
He maintained the defendant treated these licence applications differently because of the public controversy which the grant of a licence for the killing of buzzards would engender. This was because of perceived adverse public opinion about the protection of a pheasant shoot. Hence, the decision was based on unjustified inconsistencies in NE’s treatment of raptor and other birds equally protected under the law.
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12 November 2015 by Gideon Barth
SM (Algeria) v Entry Clearance Officer, UK Visa Section [2015] EWCA Civ 1109
A child (SM) who was adopted in Algeria by a French couple living in the UK was refused an application for a right of entry as a family member. Having been overturned in the Upper Tribunal, the Entry Clearance Officer (ECO) successfully appealed to the Court of Appeal. SM was not, the court held, a family member of Mr M. A keen human rights observer might think this was an apparent infringement of article 8 ECHR (the right to family life).
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11 November 2015 by Adam Wagner
The launch is brought to you by the University of Leicester, in conjunction with
RightsInfo, and kindly hosted by Reed smith.
Date: Tuesday 24 November
Time: 4.30-7pm
Venue: Reed Smith, Broadgate Tower, 20 Primrose St, London EC2A 2RS.
The event will begin at 4:30pm, followed by a drinks reception. Doors will open at 4:15pm. The venue is on the 33th floor of Broadgate Tower, and security passes will need to be issued, so please allow around 10 minutes of time upon arrival.
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9 November 2015 by Rosalind English
Richardson v Facebook [2015] EWHC 3154 (2 November 2015) – read judgment
An action in defamation and under the right to privacy against Facebook has been dismissed in the High Court. The Facebook entity named as defendant did not “control” the publication so as to allow liability; and even if it did, no claim under the Human Rights Act could lie against FB as it could not be described as any sort of a public authority for the purposes of Section 6 of the Act.
The claimant, acting as a litigant in person, sought damages in respect of the publication in 2013 and 2014 of a Facebook profile and a posting on the Google Blogger service. The Profile and the Blogpost each purported to have been created by the claimant, but she complained that each was a fake, created by an impostor. She claimed that each was defamatory of her, and infringed her right to respect for her private life under Article 8 of the European Convention on Human Rights (ECHR).
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8 November 2015 by Martin Downs
The High Court in Belfast will sit on Monday 9 and 10th November to hear a challenge by a same sex couple now living in Northern Ireland who seek recognition of their English marriage. The current legal dispensation in the Province is that an English same sex marriage is recognised as a civil partnership in Northern Ireland.
The Petition is resisted by the Attorney General and government of Northern Ireland and the (UK) Government Equalities Office (which reports to Nicky Morgan, the Minister for Women and Equalities). It is anticipated that Judgment will be reserved.
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5 November 2015 by Guest Contributor
On behalf of Professor Van Bueren and the Human Rights Collegium at the School of Law, Queen Mary University of London (QMUL) is featuring a theatre play and expert discussion on child refugees to honour the life of Lisa Jardine (pictured).
The Human Rights Collegium is hosting this event with the theatre group Ice and Fire to raise awareness about the situation of child refugees in the current refugee crisis. This multimedia initiative, featuring a theatre performance followed by discussion and Q&A, offers an opportunity to reflect upon the journeys of children in flight, from the moment they start their journey to the point they reach their destination in Europe and the UK, tracing their experiences of the asylum process and their life after status recognition and/or as failed applicants.
Details:
Tuesday 17 November 2015, 6:30-9pm
Arts Two Lecture Theatre
Queen Mary University of London
Mile End Road, E1 4NS
To register for this event, please visit the QMUL Department of Law Eventbrite page.
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5 November 2015 by Adam Wagner
I’m very excited to tell you about RightsInfo’s new project, #YourHumanRights. We have produced 16 beautiful infographics each representing a key right in the European Convention. They don’t just show the text, but also explain in plain-English where the rights come come from, what they mean and why they matter
Click here to see Your Human Rights
Wait! There’s more…
Everyone is welcome to download and print these infographics for free by clicking the “download” link.
But if you or your organisation want a professional-quality print, for the first time on RightsInfo, you can order prints from our partner Magnolia Box. Each article is available as an individual poster for either £9 or £12 depending on size – buying the set saves you at least £40. We even have framed versions, and postcards, perfect timing with the holiday season just around the corner!
RightsInfo is part of Global Dialogue, a charity, so we are not out to make a profit. But we have been asked so many times for professional quality printing options, we decided to open this up for these infographics.
Please share these infographics to get the word out about why human rights matter.
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3 November 2015 by Guest Contributor
A quick post to announce that the UK Human Rights Blog has now been optimised for mobile use.
We hope this will mean a slicker (and less eye-straining) experience when accessing the latest human rights news and analysis on your smartphones and tablets.
You shouldn’t have to download anything to access the site in its new format – just go to ukhumanrightsblog.com from your hand-held device!
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30 October 2015 by Guest Contributor
Marina Wheeler
Remember the three girls from Bethnal Green Academy, who in February slipped through Gatwick security to join so-called Islamic State of Iraq and the Levant (ISIL)? If, watching the footage, you exclaimed, “how can we stop this?”, then read on. Eight months and a massacre in Tunisia later, the Courts have intervened in more than 35 cases to prevent the flight of children to Syria or to seek their return.
In the very first cases, in which Martin Downs of these Chambers appeared, the High Court’s inherent jurisdiction was invoked to make the children wards of court. The value of this mechanism, previously used in child abduction cases and to thwart forced marriages, is that the ward requires permission of the Court to leave the jurisdiction, and passports can be seized. (See, for example, Re Y (A Minor: Wardship) [2015] EWHC 2098 (Fam)).
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29 October 2015 by Adam Wagner
No particular reason….
We’re about to have a fifth birthday party for the UK Human Rights Blog (a bit late – we turned five at the end of March…) so it seems like as good as time as any to reflect on what we have achieved.
First, some numbers.
- Five years and seven months
- 2,245 posts
- 4.7 million hits
- 6,258 comments
- 13,273 subscribers (just email – loads more on Facebook and Twitter)
Not bad, eh? I started this blog towards the end of my pupillage (year of training) at 1 Crown Office Row in 2009. Thanks to the incredibly hard work and dedication of our dedicated band of authors and editors, the UKHRB has become a key source of human rights information in the UK and also across the world. Particular thanks to Angus McCullough QC, Rosalind English, David Hart QC and Martin Downs who have been total champions.
After five years on the job, you will probably noticed that I have drawn back my involvement to concentrate on my new project, RightsInfo, which fills in some gaps which the blog couldn’t have, without changing its basic nature. Into the breach has stepped another 1COR hero, Jim Duffy, who has brought a fresh approach and a lot of fantastic new authors. We are very grateful to him.
Anyway, keep reading and thanks for all of your support, comments and bizarre emails. See you at our 10 year party.
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29 October 2015 by Kate Beattie
The reforms to judicial review proceedings in Part 4 of the Criminal Justice & Courts Act 2015 have been closely analysed in a timely report by JUSTICE, the Public Law Project and the Bingham Centre for the Rule of Law.
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29 October 2015 by Isabel McArdle
The European Parliament has awarded the Sakharov Prize for Freedom of Thought to Saudi Arabian blogger, Raif Badawi. The Prize, named after Andrei Sakharov who spoke out publicly against the nuclear arms race during the Cold War and criticised Soviet society, is awarded to those who “have made an exceptional contribution to the fight for human rights across the globe, drawing attention to human rights violations as well as supporting the laureates and their cause.”
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28 October 2015 by David Hart KC
Bank Mellat v HM Treasury [2015] EWCA Civ 105, 23 October 2015 read judgment
Bank Mellat is an Iranian bank, initially subjected to a 2009 order which prohibited anybody in the UK from dealing with it – until the Supreme Court quashed it: here, and my posts here and here.
The Treasury tried again, by orders made in 2011 and 2012 addressed at all Iranian banks, not just Bank Mellat. The EU has now taken over regulation of these banks.
In the current proceedings, the Bank seeks to set the 2011 and 2012 orders aside. These restrictions are, the Treasury says, addressed at the financing of Iran’s nuclear programme, in which all Iranian banks are complicit. Bank Mellat denies this, and the conundrum in the case is how to make sure that the challenge is fairly tried. Collins J (my post here) thought that the Treasury had not revealed enough about its case, and, in substance, on appeal the CA agreed.
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I am co-organising an event to mark the launch of a fascinating new book, 
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