Category: In the news


The Michael Schumacher “Interview”

24 April 2023 by

It has been widely reported that the German magazine Die Aktuelle recently ran a front cover with a picture of a smiling Schumacher and the headline promising ‘Michael Schumacher, the first interview’.

The strapline added: “it sounded deceptively real”.

Anyone walking past a news stand would have assumed that this was a genuine interview with the former Formula 1 driver, who has suffered catastrophic brain injury since a skiing accident in 2013. Only buyers of the edition would have learned from the full article inside, that the ‘quotes’ had been produced by AI.

The news agency Reuter reports that “Schumacher’s family maintains strict privacy about the former driver’s condition, with access limited to those closest to him.”

And in a 2021 Netflix documentary his wife Corinna said


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Weekly round-up: Dominic Raab resignation, Fox news settlement, love-bombing.

24 April 2023 by

Dominic Raab has resigned as deputy prime minister after a bullying inquiry vindicated a number of civil servants’ claims about his behaviour as a minister in the cabinets of Boris Johnson and Theresa May. The report of Andrew Tolley KC held that Raab’s behaviour constituted an “abuse or misuse of power,” citing instances of an intimidating and discouraging attitude towards the civil servants he worked with. Tolley referred to the ruling of the High Court in the 2021 case concerning the behaviour of Priti Patel towards civil servants, in which it was provided that harassment and bullying through intimidating and insulting behaviour were not consistent with the Ministerial Code. In his resignation letter, Raab said that Tolley’s findings were “flawed and set a dangerous precedent for the conduct of good government … it will encourage spurious complaints against ministers.”   

The lawsuit between Dominion Voting Systems and Fox News was settled before trial with a $786.5m pay-out. The voting machines company alleged that Fox news presenters knowingly made false claims that it had rigged the 2020 presidential election result for Biden, while the news corporation framed their defence as a protection of free speech. To win at trial, Dominion’s claims faced a high bar: they would have had to prove that Fox’s statements were made in ‘actual malice,’ meaning either the corporation knowingly made the false statements or acted with reckless disregard for their falsity. Documents released to the public revealed the commercial pressures on executives and presenters to appeal to pro-Trump viewers. Commentators suggest Fox owner Rupert Murdoch wanted to avoid cross-examination of himself and his news stars at trial. The news company still faces a similar lawsuit from voting technology company, Smartmatic, which released a statement claiming that “Fox needed a villain. Without any true villain, defendants invented one.”


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Weekly Round-Up: NHS strikes, Sudan in crisis, and US intelligence leaks

17 April 2023 by

In the news

The NHS faced further strike action this week, with 47,000 junior doctors participating in a four-day walkout. The Health Secretary, Steve Barclay, has said the British Medical Association’s (BMA) demand for a pay restoration to 2008 levels is ‘unreasonable’. Negotiations have stalled over the effective 35% pay rise demand. Meanwhile, on Friday the Royal College of Nursing (RCN) announced a new 48-hour strike set to take place 30 May. The announcement of fresh strikes and continued discontent amongst junior doctors has fuelled speculation about the possibility of synchronised action between the BMA and RCN. While there are currently no plans for coordinated strikes, the BMA has refused to rule out the possibility of a concerted effort between the unions. Relatedly, the strike ballot for consultant doctors has been delayed until the 15 May.

On Saturday, violence erupted in Khartoum, the capital city of Sudan. The country has become increasingly unstable since President Omar al-Bashir was overthrown in 2019 and a coup in 2021 which replaced a fragile military-civilian government with exclusive military rule. This most recent violence is part of a long-standing rivalry between the head of the country’s armed forces, Gen Abdel Fattah al-Burhan, and leader of the Rapid Support Forces (RSF), Gen Mohamad Hamdan Dagalo. The clashes have extended across the country and at least 56 civilians have been killed and a further 595 wounded. The World Food Programme announced three of its employees have been killed in the clashes, causing the organisation to suspend operations in the region.


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Weekly Round-Up: defining “sex”, facial recognition, and Windrush recommendations

12 April 2023 by

IN THE NEWS

Controversial facial recognition technology that was ruled unlawful by the Court of Appeal for breach of privacy and equality rights in 2020 is due to be resumed for use by the South Wales Police. This follows a report commissioned with the Metropolitan Police, which apparently justifies the use of technology in certain settings. However, Liberty’s campaign highlights prevailing concerns about the technology as “oppressive”, in breach of privacy rights and causing increased race and sex discrimination.

On the five year anniversary of the Windrush scandal, the Black Equity Organisation announced that they are seeking judicial review over Suella Braverman for breach of the government’s Equality Act 2010 obligations. This challenges her decision to disregard key reform recommendations that were made as part of Wendy Williams’ Windrush Lessons Learned Review, 2020 which the Home Office had originally promised to implement. Over 50,000 people had signed a petition urging Suella Braverman to re-think her decision to drop key recommendations of the review, but as it stands, her decision is not to hold reconciliation events or to review and extend the powers of the independent chief inspector of borders and immigration. Whether this will be held “unlawful” under the Equality Act, as the Black Equity Organisation have suggested, remains to be seen. 


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Weekly Round-Up: Worldwide Protests, Climate Litigation and Human Rights in the Premier League

3 April 2023 by

In the news

The Illegal Migration Bill has drawn a wide range of criticism this week, including from the UN High Commissioner for Refugees (UNHCR), the Council of Europe and the Weiner Holocaust Library, after MPs rejected all proposed amendments during a five-hour debate last Monday. The UNHRC told the Joint Committee on Human Rights that the Bill risks causing a ‘domino effect’ on the international refugee system during a series of damning evidence hearings on Wednesday – the same day the Council of Europe’s group of experts on action against trafficking in human beings (Greta) expressed their concern that the Bill does not comply with the Convention on Action Against Trafficking in Human Beings. The Weiner Holocaust Library, along with the Association of Jewish Refugees, have issued a joint statement condemning the Bill and the use of language by ministers, such as ‘invasion’, when referring to the arrival of small boats. More broadly, over 60 NGO’s, MPs and academics have now written to the PM urging him to withdraw the Bill, citing the various violations of international law, in the same week that Sunak defended the potential use of force against children to enforce detention and deportation.


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The Illegal Migration Bill and the Ireland/Northern Ireland Protocol: The return of the Charter of Fundamental Rights

31 March 2023 by

Anurag Deb and Colin Murray

This is not a post about the conflict between the provisions of the Illegal Migration Bill and the European Convention on Human Rights (an issue which has already attracted a considerable amount of critical academic commentary – see here and here). Instead, it is a post about the Bill’s potential conflict with the EU Charter of Fundamental Rights (‘CFR’) and the UK’s commitments under the EU-UK Withdrawal Agreement, whether (and why) such a conflict matters in domestic law and how (if at all) that conflict could be resolved.

This might appear to be a quixotic line of discussion. We have been told, after all, that Brexit is done and that the CFR has been excised from the UK’s domestic legal systems (section 5(4) of the European Union (Withdrawal) Act 2018) and that other aspects of EU rights and equality law can be overwritten at will by Westminster. But, as we explore, this is not necessarily the case. Article 2 of the Northern Ireland Protocol (or Windsor Framework under the recent rebrand), the measure’s rights and equality provision, moreover, has important implications for legislative developments that the UK is seeking to pursue on a UK-wide basis.


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Dartmoor and the Right to Wild Camp: Whigs and Hunters for the 21st Century?

30 March 2023 by

Wild Camping on Dartmoor Photo: John Ryan/Alamy originally published in the Guardian 13 January 2023.

[FURTHER UPDATE: on 21 May 2025 the Supreme Court gave its judgment dismissing the appeal against the judgment of the Court of Appeal and holding that, when read in its statutory context, the ordinary meaning of Section 10(1) of the Dartmoor Commons Act 1985 was clear in that it did encompass a right to wild camp subject to the relevant rules, regulations and bylaws. Darragh Coffey discussed the Supreme Court judgment with Lucy McCann on an Episode 221 of Law Pod UK, which you can listen to here.]

[UPDATE: on 31 July 2023 the Court of Appeal allowed Dartmoor National Park Authority’s appeal against the judgment considered in this post. It is interesting to note the similarities between the line of reasoning followed by Sir Geoffrey Vos MR at §55-§57 of that judgment and some of the arguments made below. This is a welcome development and it is hoped that the attention brought to the issue of public access to the countryside by this case will result in future reforms in this area.]

“The principal issue in this case is whether section 10(1) of the Dartmoor Commons Act 1985 (“the 1985 Act”) confers on the public a right not only to walk or ride a horse on the commons but also to camp there overnight.” 

This is the beguilingly simple opening to the judgment of Sir Julian Flaux C. in the case of Darwall and Darwall v. Dartmoor National Park Authority [2023] EWHC 35 (Ch), which was handed down on Friday, 13 of January 2023. 

That Friday the 13th was indeed unlucky for the wild camping community, if not wider society. For with the handing down of that judgment, the last remaining rights to wild camp without the permission of the landowner in England and Wales were extinguished. 

This case, therefore, represents more than just a landowner seeking to prevent campers using their land without permission. Rather it is a further step in the seemingly inexorable privatisation of the English Countryside for the benefit of the few, to the detriment to the many, and with the full-throated support of the law.

In considering this unfortunate development, I will first set out the background to the case, then examine the reasoning underpinning the judgment. I will then situate this case in the wider context of public access to the countryside, and ask whether and how this public good can be reconciled with the private property rights of landowners in England and Wales.


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The Weekly Round-up: Misleading Parliament, unrest in France, and the Met review

29 March 2023 by

In the news

On Wednesday, Boris Johnson gave oral evidence to the Privileges Committee as part of an ongoing inquiry into whether the ex-Prime Minister misled Parliament over lockdown parties in No 10. If the Commons was misled, the Committee will determine whether that constituted a contempt of Parliament – a finding which could result in Mr Johnson’s suspension from the Commons. In his evidence, Mr Johnson accepted he mislead MPs, but that he had not done so “intentionally or recklessly”.  He claimed his statements were based upon honest belief, and were made in ‘good faith’ and in reliance on ‘trusted advisers’. The outcome of the inquiry will largely rest on whether Mr Johnson inadvertently, deliberately, or recklessly mislead Parliament – with the most severe sanctions arising if he is found to have deliberately made false statements to MPs. The committee’s report is expected later in the year. 

Baroness Casey’s final report on the standards of behaviour and internal culture of the Metropolitan Police Service was published this week. The review was commissioned following the death of Sarah Everard at the hands of a serving Met officer. The report describes a culture in the Met of ‘defensiveness and denial’, which lacks integrity, fails to take complainants seriously and has discrimination ‘baked into it’. In Baroness Casey’s own words: ‘we have found institutional racism, misogyny and homophobia in the Met’. This report, alongside tragic events like Ms Everard’s death and the recent conviction of long-serving Met officer David Carrick, highlight a loss of public confidence in the police force

In France on Thursday, protesters gathered across the country to demonstrate their opposition to President Macron’s pension reform bill, which proposes raising the age of retirement from 62 to 64. The protests began in January, but escalated this week when President Macron forced the proposed bill through parliament without a vote in the National Assembly. It is estimated that approximately one million people took part in the demonstrations. In Bordeaux, the front door of the city’s town hall was set on fire and police have been accused of using excessive force against protesters. Before the bill becomes legislation, it must pass a review by the Constitutional Council


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Law Pod UK: The Bill of Rights Bill is Back

28 March 2023 by

In Episode 181 Jim Duffy discuss small boats and some big, constitutional changes on the horizon, with Prof Jim Murdoch, Shameem Ahmad and Angus McCullough KC

After being placed briefly on ice, the Bill of Rights Bill is now described by Justice Secretary Dominic Raab as ‘ready to go’.  The Bill would repeal and replace the Human Rights Act 1998 with what Angus McCullough KC describes as a “hotch-potch of measures” designed to secure a “conscious uncoupling” with the Strasbourg Court. 

Joining Angus and me on the latest episode of Law Pod UK are Shameem Ahmed – the new CEO of the Public Law Project – and Jim Murdoch, Professor of Public Law at the University of Glasgow and long-time Council of Europe expert on human rights law and practice. 

We examine the key features of the Bill, place it in a wider European and international legal context, and discuss the direction of travel for human rights law in the UK in the wake of the Illegal Migration Bill.

And finally! 

If you have feedback on Law Pod UK, please take a couple of minutes to fill in this very short, anonymous survey. Thank you in advance!  

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Law Pod UK new episode: Unlawful Killing in Inquests: All Change? 

28 March 2023 by

In Episode 182 Emma-Louise Fenelon speaks to Matthew Hill of 1, Crown Office Row about three recent decisions concerning unlawful killing.  This episode refers to the following cases: 

Matt’s original UK Human Rights Blog post can be found here 

And finally! 

If you have feedback on Law Pod UK, please take a couple of minutes to fill in this very short, anonymous survey. Thank you in advance!  

https://www.surveymonkey.co.uk/r/LawPodUK

2023: Year of the Nuisance?

24 March 2023 by

Introduction

Photograph: Jeff Morgan 16/Alamy; the Guardian

2023 has already been a landmark year for nuisance, with the Supreme Court handing down its controversial decision in Fearn v Tate Gallery (as discussed on this blog).  

The good news for those with a particular interest in the bothersome behaviour of neighbours is that Fearn is only the start. 

This month, the Supreme Court will hear not one, but two more nuisance cases, including Jalla v Shell (the other being The Manchester Ship Canal Company v United Utilities No 2). And the Court of Appeal has been getting in on the act too – giving judgment last month in Davies v Bridgend County Borough Council [2023] EWCA Civ 80.

This post focuses on one of the many fascinating points raised by these cases – namely, the slippery concept at the heart of both Davies and Jalla: continuing nuisance.


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The Weekly Round-up: Putin’s arrest warrant, “Increasingly authoritarian” UK, Murderer sentencing

20 March 2023 by

In the news

The ICC has issued an arrest warrant against Vladimir Putin for the war crime of the unlawful deportation and transference of children. The Russian commissioner for children’s rights, Maria Alekseyevna Lvova-Belova, has also been issued an arrest warrant. According to Ukrainian government figures, 16,266 children have been deported to Russia since the beginning of the war. Russia is not a member of the ICC and so it is unlikely that the suspects will be arraigned in court, but it will make international travel more difficult and place political pressure on the Russian government. This is the first instance of the court issuing an arrest warrant for the leader of one of the five permanent members of the UN security council.

Donald Trump told supporters on his social network Truth Social that he expects to be arrested on Tuesday and has urged them to stage mass protests. If indicted, Trump would be the first former US president to see criminal charges. The case concerns ‘hush money’ payments made through Trump’s lawyer to porn star Stormy Daniels before the 2016 presidential election. Once all the evidence has been taken, the grand jury will vote on whether to recommend criminal charges to the Manhattan District Attorney, Alvin Bragg, who determines what charges he thinks he can prove beyond reasonable doubt, if any, but there is no deadline on this process. Trump promises to continue his campaign for the 2024 presidential nomination even if he is indicted. He also faces upcoming inquiries into his attempt to overturn the result of the 2020 election.


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Is Sharing Caring? Disclosures from the Family Courts to Professional Regulators

14 March 2023 by

The Guardian newspaper reported the decision in Re X (Disclosure to Social Work England: Findings of Domestic Abuse) [2023] EWHC 447 (Fam) with the headline, “social worker who abused ex-partner loses fight to keep details from regulator”. Reading that one might instinctively think, “well, of course he lost”. For my part, when I read beyond the Guardian’s journalism and into Knowles J’s 67 paragraph judgment in this matter, I may also have thought “well, of course he lost”.

 


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The Weekly Round-up: The Illegal Migration Bill, Sanctions against gender-based violence, and Legal Aid eligibility 

14 March 2023 by

Photograph: Justin Tallis/AFP/Getty Images/The Guardian

In the news

The Illegal Migration Bill has been presented in parliament and published. The bill has sparked extensive legal discussion over potential issues of compatibility with the European Convention of Human Rights. Indeed, the government stated their wish to proceed with the bill in the absence of being able to make a statement of convention rights compatibility under s.19(1)(a) Human Rights Act 1998. This in conjunction with Suella Braverman’s widely quoted statement that this “does not mean the provisions in the bill are incompatible with convention rights, only that there is a more than 50 per cent chance that they may not be”, has been less than reassuring and many anticipate future challenges under the ECHR. Human Rights Watch have gone as far as to state that the bill is “unworkable”. 

The Home Office and Department for Education have been threatened with legal action if they fail to stop housing unaccompanied asylum-seeking children in hotels on the basis that this fails to ensure crucial protection and scrutiny over children’s welfare. Meanwhile, 21 London borough councils have signed a letter to the home secretary regarding the treatment of asylum seekers and urging the government to overturn their hotel policy and establish alternative placement options.


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The Weekly Round-up: Stopping Small Boats, Child Marriages, and the question of Abortion Rights in the USA

7 March 2023 by

In the news

Rishi Sunak’s pledge to “stop the boats” crossing the Channel will see a Bill brought before Parliament this week aimed at stripping those who arrive in the UK via small boats of their right to claim asylum. Potential measures under the Bill include new powers to declare claims inadmissible and a duty on the Home Secretary to remove such asylum-seekers to Rwanda or another third country. There may also be new criminal offences created for those who arrive via small boats, building on or adopting the draft Illegal Immigration (Offences) Bill. It is not clear how these plans will comply with the UK’s international obligations given the European Court of Human Rights’ previous intervention on the issue and their granting of an interim injunction, although the High Court gave the plans the green light back in December. The move also raises questions about the government’s plans for a domestic ‘Bill of Rights’, which previously included a clause obliging the UK courts to ignore interim measures from Strasbourg.

Suella Braverman is expected to introduce an amendment to the Public Order Bill to provide protective measures for journalists following defeats in the House of Lords. The Lords voted in favour of preventing reporters from being subject to police action after Hertfordshire police had to issue an apology to various reporters and photographers were detained at a Just Stop Oil demonstration in December last year. The government has not accepted the wording of the Lords’ amendment, with their proposed version merely preventing a police constable from detaining a person for the sole purpose of observing or reporting on a protest, which begs the question what exactly the government aims to exclude in doing so.


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