Category: Discrimination


Headline- Round Up: Sir Cliff Richard’s case against the BBC reaches the High Court

23 April 2018 by

Conor Monighan brings us the latest updates in human rights law

cliff

Credit: The Guardian

In the News:

The legal battle between Sir Cliff Richard and the BBC has begun in the High Court.

In August 2014, police raided Sir Cliff’s home based on an allegation of historic child sexual abuse. The BBC broadcast live footage of the raid filmed from a helicopter. The singer was interviewed under caution, but never charged.

Sir Cliff alleges that the BBC’s coverage of the police raid on his home was a serious invasion of his right to privacy, for which there was no lawful justification. He also alleges breaches of his data protection rights. The singer seeks substantial general damages, plus £278,000 for legal costs, over £108,000 for PR fees which he spent in order to rebuild his reputation, and an undisclosed sum relating to the cancellation of his autobiography’s publication. He began giving evidence on the first day of the hearing.
Continue reading →

The Round Up: Instagramming claim forms, procedural unfairness, and what happens when ‘pragmatism’ meets human rights.

11 February 2018 by

Conor Monighan brings us the latest updates in human rights law.

Image result for police lady uk

Credit: Wiki Commons

In the News:

Robinson v Chief Constable of West Yorkshire

Covered by the Blog here

There is no general immunity for police officers investigating or preventing crime. In this case, Mrs Robinson suffered injuries when two police officers fell on top of her, along with a suspected drug dealer resisting arrest. The officers had foreseen Williams would attempt to escape but had not noticed Mrs Robinson  (who was represented by 1 Crown Office Row’s academic consultant Duncan Fairgrieve).

The recorder found that, although the officers were negligent, Hill v Chief Constable of West Yorkshire [1989] gave them immunity from negligence claims. The Court of Appeal ruled the police officers owed no duty of care, and even if they did they had not broken it. It also found most claims against the police would fail the third stage of the Caparo test (i.e. it would not be fair, just and reasonable to impose a duty of care upon the police in these situations). The Court found Williams had caused the harm, not the police, so the issue was based on omission rather than a positive act. Finally, even if officers had owed the Appellant a duty of care, they had not breached it.

Mrs Robinson appealed successfully to the Supreme Court.

It held:
Continue reading →

Prison law failing trans people: the Round-up

23 November 2015 by

 

In the news

LGBT campaigners have called for an urgent reform of the law, following the death of 21 year-old transgender woman Vicky Thompson in an all-male prison. Ms Thompson had previously said that she would take her own life if she were placed in a prison for men.

The system of locating transgender people within the prison estate has recently come into criticism after transgender woman Tara Hudson was placed at HMP Bristol, an all-male establishment. Ms Hudson spoke of being sexually harassed by other prisoners, before a petition signed by more than 150,000 people led to her eventual transfer to a women’s prison. Statistics from the US suggest that transgender women in male prisons are 13 times more likely than the general prison population to be sexually assaulted while incarcerated.

Under the current rules, in most cases prisoners must be located “according to their gender as recognised under UK law”, although the guidance allows discretion where the individual is “sufficiently advanced in the gender reassignment process.” But the case of Vicky Thompson has been said to show that “the law is simply not working. For people living for years as women to be sent to serve sentences in prisons for men is inviting disaster.”

Responding to a question on the issue, Parliamentary Under-Secretary of State for Justice, Andrew Selous has stated that the government intends to implement “revised policy guidance… in due course.”

In other news:

  • The Guardian: The Metropolitan Police has issued an unreserved apology and paid substantial compensation to women who were deceived into forming long-term intimate sexual relationships with undercover police officers. The police force acknowledged that the relationships had been “a violation of the women’s human rights, an abuse of police power and caused significant trauma.”
  • BBC: Members of the public and journalists will be permitted to attend the majority of hearings in the Court of Protection, where issues affecting sick or vulnerable people are heard. The new pilot scheme is intended to provide greater transparency, whilst safeguarding the privacy of the people involved.
  • MPs on the justice select committee have called for the scrapping of the criminal courts charge, voicing “grave misgivings” about whether it is “compatible with the principles of justice.” The charge of up to £1,200 is imposed on convicted criminals, and is not means-tested. In its report, the parliamentary committee expressed concern that the charge, which is higher for those convicted after pleading not guilty, was creating “perverse incentives” affecting defendant behaviour. The BBC reports here.
  • The Legal Voice: The Ministry of Justice has announced that the introduction of duty provider contracts will be postponed until 1 April 2016. A number of legal proceedings have been issued, challenging the legitimacy of the procurement process. The decision has been welcomed by the Bar Council, which has consistently opposed measures it claims would “damage access to justice and the provision of high quality advocacy services.”
  • BBC: A couple from north west London have been found guilty of keeping a man enslaved in their home for 24 years, in “a shocking case of modern slavery.” The couple had “total psychological control” over their victim, threatening that if he left the house he would be arrested by police as an illegal immigrant.

In the courts

The Court found that a family of asylum seekers evicted from an accommodation centre had been exposed to degrading treatment, in violation of their rights under article 3 ECHR. The family had been left in conditions of extreme poverty, without basic means of subsistence for a period of four weeks. The Belgian authorities had not paid due consideration to the vulnerability of the applicants, who had small children including a seriously disabled daughter.

UK HRB posts

Best interests, hard choices: The Baby C case – Leanne Woods

Hannah Lynes

Events

If you would like your event to be mentioned on the Blog, please email the details to Jim Duffy, at jim.duffy@1cor.com.

“No union more profound”: The US Supreme Court’s ruling on same-sex marriage

30 June 2015 by

Photo credit: Guardian

Photo credit: Guardian

The Supreme Court of the United States has decided that same-sex couples have a constitutionally protected right to marry.

In the history of American jurisprudence, there are a handful of cases which are so significant that they will be known to all US law students, much of the domestic population at large, and even large segments of the international community. Brown v Board of Education, which ended racial segregation in schools, is one example. Roe v Wade, which upheld the right of women to access abortion serves, is another. To that list may now be added the case of Obergefell v Hodges.

Continue reading →

Conscience and cake

21 May 2015 by

4495195_origGareth Lee v. Ashers Baking Co Ltd, Colin McArthur and Karen McArthur [2015] NICty 2 – read judgment here.

In a claim popularly dubbed the ‘gay cake’ case, which has attracted international attention, District Judge Brownlie of the Northern Ireland County Court held yesterday that it was unlawful direct discrimination on grounds of sexual orientation for a bakery owned by two Christians to refuse to bake a cake which had printed on it a picture of ‘Bert and Ernie’ and the caption ‘Support Gay Marriage’ .

The parties approached the claim from very different standpoints. The Plaintiff, Mr Lee, argued that Mr and Mrs McArthur refused to bake the cake because he was gay. The Defendants argued that they did not know what Mr Lee’s sexual orientation was and it would have made no difference if they had. They would have happily served him a cake of any kind. Rather, they objected to the message on the cake because they felt they would be promoting or supporting a cause which they disagreed with, going against their consciences. They would have refused to bake the same cake for a customer of any sexual orientation.

Continue reading →

The right outcome: Tricycle Theatre reverses UK Jewish Film Festival ban

15 August 2014 by

TRICYCLE-UKJFFAs a brief update to my post from last week. The Tricycle Theatre and the UK Jewish Film Festival have settled their differences after an agreement was struck to end the theatre’s refusal to host the festival.

Despite its previously robust defence of the decision, the Tricycle appears to have entirely relented on the issue of Israeli Embassy funding. A joint statement has been published, stating amongst other things:

‘Some weeks ago the UKJFF fell out, very publicly, with the Tricycle over a condition imposed by the Tricycle regarding funding. This provoked considerable public upset. Both organisations have come together to end that. Following lengthy discussions between the Tricycle and UKJFF, the Tricycle has now withdrawn its objection and invited back the UK Jewish Film Festival on the same terms as in previous years with no restrictions on funding from the Embassy of Israel in London. The UKJFF and the Tricycle have agreed to work together to rebuild their relationship and although the festival is not able to return in 2014, we hope to begin the process of rebuilding trust and confidence with a view to holding events in the future.

Continue reading →

Have the Tricycle Theatre broken the law by refusing to host the Jewish Film Festival?

7 August 2014 by

TRICYCLE-UKJFFUpdated | It emerged on Tuesday the Tricycle Theatre in Kilburn has refused to host the UK Jewish Film Festival (UKJFF) for the first time in eight years. The theatre told UKJFF that they must reject longstanding funding from the Israeli Embassy if they wanted to use the venue. UKJFF refused and the relationship ended.

There has already been some excellent writing: see Nick Cohen, Archie Bland and Dorian Lynskey. Cohen makes a powerful case for the decision being anti-Semitic. I’m not going to go there, although as I have been saying on Twitter, in my view this is a bad move by the Tricycle. I thought it would be interesting, however, to investigate whether the Tricycle may have broken any laws.

Continue reading →

Another “Bedroom Tax” Challenge Fails

4 July 2014 by

Bedroom taxRutherford and Ors v Secretary of State for Work and Pensions [2014] EWHC 1613 (Admin) – Read judgement here.

At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.

The case involved three Claimants: Mr and Mrs Rutherford and their 14-year-old grandson Warren. Warren suffers from a profound disability requiring 24-hour care from at least two people. Mr and Mrs Rutherford need the assistance of two paid careers for two nights a week. The family live in a three-bedroom bungalow rented from a housing association and specifically adapted to meet Warren’s needs. Mr and Mrs Rutherford sleep in one room, Warren in another, and a third room is used as a bedroom for overnight carers and to store medical equipment.

Continue reading →

Justice Secretary wins and loses in discrimination challenge to post-prison facilities for women

30 December 2013 by

Prisoners releaseGriffiths v Secretary of State for Justice (Equality and Human Rights Commission intervening) [2013] EHWC 4077 (Admin)  – read judgment.

Oliver Sanders of 1 Crown Office Row represented the Defendant in this case and Adam Wagner also acted for the Defendant prior to the substantive hearing. They are not the writers of this post.

Two female prisoners nearing the date on which they would be considered for release on licence, brought conjoined challenges against the Secretary of State for Justice in respect of the provision of ‘approved premises.’ The Claimants challenged the alleged continuing failure to make adequate provision for approved premises to accommodate women prisoners like them released on licence.

Mr Justice Cranston rejected the argument that the limited number of approved premises for women treated female prisoners released on licence into such premises less favourably than comparable men. He held that despite the likelihood of a greater geographic separation from their homes and families, the Secretary of State had not discriminated directly or indirectly against female prisoners. However, the Secretary of State had failed to fulfil his duty under the Equality Act 2010 to consider the impact of the limited provision of approved premises of women.


Continue reading →

Gay discrimination and Christian belief: Analysis of Bull v. Hall in the Supreme Court

11 December 2013 by

Peter-and-Hazel-Bull-007Bull v. Hall and Preddy [2013] UKSC 73 – read judgment here.

The recent confirmation by the Supreme Court that it was unlawful discrimination for Christian hotel owners to refuse a double-bedded room to a same-sex couple was of considerable interest as the latest in a string of high-profile cases involving religious belief and discrimination on the basis of sexual orientation (and the first such judgment involving the highest court in the land). We have already provided a summary of the facts and judgment here, and our post on the Court of Appeal ruling can be found here.

The case has been  portrayed in some media as a clash between gay rights and religious freedom, with gay rights winning – see e.g. the Daily Mail’s headline: B&B owners’ right to bar gay couple crushed by ‘need to fight discrimination’. This is despite the best efforts of Lady Hale, who gave the main speech, to emphasise at paragraph 34 that this decision did not amount to replacing legal oppression of one community (homosexual couples) with legal oppression of another (Christians and others who shared the appellants’ beliefs about marriage), because the law equally prohibits a hotel keeper from refusing a particular room to a couple because they are heterosexual or because they have certain religious beliefs. However, moving beyond this simplistic portrayal of the issue at stake, there are several interesting legal points in the decision, which may raise more questions than it answered.

Continue reading →

Christian care worker loses Sunday working discrimination appeal – Richard Wayman

5 December 2013 by

300px-Duccio_di_Buoninsegna_014Mba v London Borough Of Merton [2013] EWCA Civ 1562 – Read judgment

The Court of Appeal has dismissed the appeal of a Christian care worker against the decision of the Employment Appeal Tribunal (EAT) that a requirement that she work on Sundays indirectly discriminated against her on the grounds of religion or belief.

The Court unanimously found that although both the EAT and the Employment Tribunal (ET) had erred in law, the ET’s decision was ‘plainly and unarguably right’ [24], and applying the principle in Dobie v Burns International Security (UK) Limited [1984] ICR 812, the errors did not make any difference to the outcome.


Continue reading →

Supreme Court upholds gay discrimination ruling in hotel case

27 November 2013 by

Peter-and-Hazel-Bull-007Bull and another (Appellants) v Hall and another (Respondents) [2013] UKSC 73 (27 November 2013) – read judgment

This appeal concerned the law on discrimination. Mr and Mrs Bull, the appellants, own a private hotel in Cornwall. They are committed Christians, who sincerely believe that sexual intercourse outside traditional marriage is sinful. They operate a policy at their hotel, stated on their on-line booking form, that double bedrooms are available only to “heterosexual married couples”.

The following summary is taken from the Supreme Court’s press report. See Marina Wheeler’s post on the ruling by the Court of Appeal in this case. A full analysis of the case will follow shortly.

References in square brackets are to paragraphs in the judgment.

The respondents, Mr Hall and Mr Preddy, are a homosexual couple in a civil partnership. On 4 September 2008 Mr Preddy booked, by telephone, a double room at the appellants’ hotel for the nights of 5 and 6 September. By an oversight, Mrs Bull did not inform him of the appellants’ policy. On arrival at the hotel, Mr Hall and Mr Preddy were informed that they could not stay in a double bedroom. They found this “very hurtful”, protested, and left to find alternative accommodation.
Continue reading →

You can’t be disabled when you’re dead – a footnote to R (Antoniou)

31 October 2013 by

hospital

A somewhat curious additional point arises out of the case of R (Antoniou) – see my earlier post for the main issue – in which the court decided that Article 2 ECHR does not require an independent investigation into deaths in state detention prior to a coroner’s inquest. There was therefore no obligation to ensure that there was an independent investigation into the suicide, or death resulting from self-harm, of a mentally ill person detained under Section 3 of the Mental Health Act 1983. There is such an investigation when a prisoner commits suicide. The Claimant thought this smacked of discrimination against the mentally disabled. The Court disagreed – on the somewhat surprising ground that you can’t be disabled once you’re dead.

Where a prisoner commits suicide, or dies as a result of self-harm, there will be an independent investigation from the outset. Any death in prison or in probation custody is automatically referred immediately to the Prisons and Probation Ombudsman for independent investigation. The Independent Police Complaints Commission performs a similar role for deaths in police, immigration or Customs & Excise detention. There is no equivalent independent investigator of deaths in mental health detention, which are investigated by the hospital where they occurred. The Claimant said this distinction discriminates between people who are mentally disabled and those of sound mind.

Continue reading →

Second Christian B&B case headed for the Supreme Court

23 July 2013 by

black and morganBlack and Morgan v. Wilkinson [2013] EWCA Civ 820 – read judgment here.

The Court of Appeal recently dismissed an appeal by a Christian bed and breakfast owner, upholding the decision that she unlawfully discriminated against a gay couple by refusing to provide them with a double bedroom. However, the Master of the Rolls (head of the civil justice system) Lord Dyson expressed doubt about whether the previous binding decision of the Court of Appeal in the very similar case of Hall and Preddy v. Bull and Bull [2012] EWCA Civ 83, was correct, and the Court granted permission to appeal to the Supreme Court. 

This decision is the latest in a line of cases which have grappled with the ‘conflict of equalities’, many of which have concerned the potential clash between religious freedom and the prohibition on discrimination on grounds of sexual orientation. It raises difficult questions about how to reconcile competing rights or ‘protected characteristics’ under discrimination law, and it will be very interesting to see how the Supreme Court deals with this and the Preddy case when they are heard together in the autumn.

Continue reading →

Pride in London, Fierté in Paris & joy in San Francisco: taking stock of law for LGBT

30 June 2013 by

gaykemptownPride is celebrated this weekend in London, New York and – most especially – San Francisco where, even as I write, same sex couples are being married after the ruling of the US Supreme Court on Proposition 8. Appropriately, Kris Perry, one of the litigants before the Court was the first to be wed. Matthew Flinn has already posted on this and the Court decision on the Defence of Marriage Act.

It is irresistible to take stock at moments such as these.

France is celebrating its first same sex marriages, Uruguay and New Zealand are close on its tail and the Bill to effect the same in England and Wales should confront its final hurdle on 15 July.

Continue reading →

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

Categories


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: