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22 February 2022 by hrupdateadmin
We are looking for 4 volunteers to form our ’rounder-upper’ team, responsible for creating our weekly legal ‘Round Up’ of cases. Each person would rotate so it only involves crafting one post a month. The round-up goes out first thing on a Monday, and consists of a summary of recent authorities and also broader issues which may have an impact on rights e.g. legislative developments, NGO or UN reports, political developments etc. The focus of the article is not to be a general news outlet per se, but to provide an update on important legal news and developments over the past week. The new rounder-up writers will be given assistance and guidance in finding their feet from the editorial team to assist them in the first few weeks in getting to grips with the job.
Please note that applications have now closed.
Examples
Here are some (randomly chosen) examples of recent round-up articles:
Our blog style guide, which although not specific to the round-up itself, is helpful to indicate the style we are looking for.
Benefit to law students
We have found in the past that GDL and other law students find writing the round-up a very useful way to stay on top of legal issues in the field of human rights. Further, it is an excellent thing to have on the CV and your LinkedIn. It provides the author with a certain level of profile given the blog’s large readership and so is likely to be very helpful to anyone applying for pupillages, particular at chambers with a public law bent. Many across the legal sector and beyond rely on the blog to keep up with developments in human rights law. In the past, rounder-up writers have tended to be recruited as pupils to very high calibre chambers. Also, former round-up writers are in a good position to ‘graduate’ into becoming contributors to the Blog in due course if they wish.
How to Apply
We are looking for authors who can succinctly but accurately summarise key authorities and other developments. We are therefore recruiting by asking those interested to send the following to Rosalind English events@1cor.com by 9 am on 4th March 2022. Please include your name in the title of each document. We endeavour to contact every applicant but, due to application numbers, prioritise successful candidates.
- A 250-word summary in Microsoft Word of the case of Secretary of State for the Home Department v NF [2021] EWCA Civ 17 (https://www.bailii.org/ew/cases/EWCA/Civ/2021/17.html). This summary should include a pithy explanation of the result of the case at the outset (do not leave the outcome to the end). We understand that it is challenging to distil a full judgment down into 250 words and are looking for a summary that succeeds in bringing out the key facts, the key legal principles and the fundamental reason(s) that the court decided the case in the way that it did. Any summary which exceeds 250 words will automatically be ineligible. Inclusion of the case name and citation at the start of the entry will not count towards the word limit.
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22 September 2014 by Adam Wagner
On Friday 19 September I spoke at a very interesting conference at the University of Liverpool on Human Rights in the UK Media: Representation and Reality. My talk was entitled The Monstering of Human Rights. You can download it by clicking here (PDF). It is also embedded below.
As always, comments are welcome. There is quite a lot in there tying together some of the themes I have been writing about over the past few years. As a number of people pointed out in Liverpool, it is too easy to point to errors in human rights reporting as proof that all criticisms of the human rights system are bogus, which is clearly wrong. But nonetheless, misinformation and exaggeration is an important feature of the public debate on human rights and it is interesting to consider why that might be the case, and – a question which has troubled me over the past few years – how to stop it happening.
I expect the issue of human rights reform will arise again now that the Scottish referendum process has concluded and the political parties are setting out their agendas for 2015. It seems pretty clear that the Conservative Party will promise to repeal the Human Rights Act but what they will do in relation to the European Convention on Human Rights is still very much an unknown. My expectation is that they will not promise to withdraw from the ECHR. Not yet, anyway. Labour and the Liberal Democrats are likely to retain the existing system, with a few tweaks. But whoever wins the election, there is a huge amount of work to be done to repair the reputation of human rights laws in the UK and convince the public that they are, on balance, a good thing.
PS. if any kind soul would like to turn the PDF version into a HTML linked blog-ready post, I would be eternally grateful! Email me if you would be interested, you would of course get full credit in the ensuing post/s.
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11 August 2023 by Ruby Peacock
In this two-part article, Maya Sikand KC, Tom Stoate, and Ruby Peacock, explore two difficult questions arising from the inquest into the ‘harrowing circumstances’ of the death of a baby, Aisha Cleary, at HMP Bronzefield.
This first part seeks to answer the question: should coroners have jurisdiction to investigate stillbirths?
The second part will examine whether foetuses should enjoy Article 2 rights which do not conflict with the rights of the mother.
Rianna Cleary, who was 18 years old at the time, gave birth to Aisha Cleary alone in her cell in HMP Bronzefield, on the night of 26 September 2019, without medical or any other assistance. Ms Cleary’s two calls for help via the prison emergency intercom system in her cell were first ignored, then unanswered – despite there being a 24-hour nursing station on her wing in the prison. Terrified and in pain, without knowing what to do, Ms Cleary felt compelled to bite through her umbilical cord. Aisha’s birth was not discovered by prison staff until the next morning – after other prisoners raised their concerns – at which time Aisha was ‘not moving, had a tinge of blue on her lips, but was still warm’.[1] Unsuccessful resuscitation attempts were made, with an adult oxygen mask in the absence of any paediatric or neo-natal mask. Less than an hour later, paramedics confirmed that Aisha had died. The Senior Coroner for Surrey, Richard Travers, stated that Aisha ‘arrived into the world in the most harrowing of circumstances’.[2]
Following a month-long inquest, involving ten interested persons (‘IPs’) and more than 50 witnesses, including three expert witnesses, Mr Travers concluded that numerous causative failings contributed to Aisha’s death.
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9 May 2022 by Rosalind English
Voting for the Northern Ireland Assembly took place on Thursday 5 May. This year, for the first time, Sinn Fein looks set to win a majority of the seats. Whether the Democratic Unionist Party agrees to the power sharing arrangement where it is relegated to second place remains to be seen. What continues to be hotly debated is the Northern Ireland Protocol, put in place to avoid a “hard border” between Northern Ireland and Ireland which of course is still part of the EU single market.
But the Protocol isn’t only about trade. Under Article 2 the UK government has made an important commitment regarding the rights of Northern Ireland’s citizens to equality, non-discrimination, transparency and a range of other rights protected under European Union law. Article of the 2 Protocol is a very new provision, applying the acquis communitaire of the CJEU to Northern Ireland, even though NI is part of post Brexit EU.
In our latest episode Rosalind English meets UKHRB Northern Ireland correspondent Anurag Deb in Belfast two days after the elections to discuss what this EU rights provision means for the citizens of Northern Ireland.
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27 June 2017 by Sarah Ewart
IN THE NEWS
The Strasbourg Court has ruled inadmissible the claims by Charlie Gard’s parents that the withdrawal of artificial ventilation from the severely ill child would breach their right to respect for family life under Article 8. Seven judges ruled that it was most likely that Charlie was “being exposed to continued pain, suffering and distress”. The parents had wanted to take him to undergo experimental treatment in the US, but the Strasbourg Court said that undergoing this treatment with “no prospects of success… would offer no benefit”.
These means that the Great Ormand Street Hospital may proceed with the Supreme Court’s order to end the baby’s continued suffering by removing Charlie from life support. We will post a link to the text of the decision when it becomes available; here in the meantime is the press release detailing the inadmissibility decision in the case Gard and Others v. the UK . See our most recent update here for more details and earlier posts here and here.
As the Law Gazette reports, David Lidington takes over from Liz Truss as Lord Chancellor and representative of the judiciary in the Cabinet. He is our fifth Lord Chancellor in just five years. David Lidington has been Conservative MP for Aylesbury since 1992. You can find his voting record here and check out this profile of his record on human rights by Rights Info.
The Independent reports that the number far right extremists reported to the government’s counter-terrorism Prevent strategists increased by 30% in the past year. Prevent has been criticised for its ineffectiveness and now for focusing too heavily on Islamist terror. See Liora Lazarus in the UK Constitutional Law blog on the tension between (and politicisation of) human rights and effective counter-terrorism, and Adam Wagner on how we respond to terror.
Litigation following the Grenfell Tower disaster is inevitable. Sir Keir Starmer, the former Director of Public Prosecutions (DPP), said on the Andrew Marr show that prosecutors are looking into corporate manslaughter charges. Such a charge is notoriously difficult to bring (see Solicitors’ Journal here and the CPS guidelines here). There have been other calls for charges to be brought under the common law offence of gross negligence manslaughter, especially after it was revealed that both the insulation and the tiles in the building failed multiple safety tests. But legal challenges regarding negligent maintenance are also difficult to bring due to the lack of legal aid for the claimants. We’ll keep you posted as this case develops.
It’s Refugee Week this week, so head over to Free Movement for an in-depth look at the new Home Office policy of periodically reviewing (and where possible returning) refugees who have been granted indefinite leave to remain.
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26 October 2010 by Isabel McArdle
Anam v Secretary of State for the Home Department [2010] EWCA Civ 1140 – Read judgment
This appeal raises interesting questions about the approach the courts should take when considering whether detention pending deportation is legal in a case involving an ex-convict with serious psychiatric illness. A failure to implement a Home Office policy on the subject did not automatically make the decision to detain unlawful. However, the Court of Appeal was not unanimous on what the correct test for legality was.
This was an appeal against a deportation decision by the Secretary of State for the Home Department. The Appellant had a long criminal record and in 2007 was sentenced to 4 years in prison for robbery. Later that year, the deportation decision was made. However, the Appellant also had a history of serious psychiatric illness.
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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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2 September 2013 by Sarina Kidd
Welcome back to the UK Human Rights Roundup, your regular glittering galaxy of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links compiled by Adam Wagner, post by Sarina Kidd.
Military intervention in Syria has been greatly discussed this week in the media. Here, we look at how legal it would be for the UK to send troops over. Meanwhile, David Miranda’s hearing continues, and many judicial review claims are due, soon, to move from the High Court to the Upper Tribunal.
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19 October 2011 by Adam Wagner
A review of the UK’s extradition laws by a former Court of Appeal judge has found that existing arrangements between the UK and USA are balanced but the Home Secretary’s discretion to intervene in human rights cases should be removed.
The review by Sir Scott Baker was commissioned shortly after the Coalition Government came to power, fulfilling the pledge in its programme for government to ”review the operation of the Extradition Act – and the US/UK extradition treaty – to make sure it is even-handed”. In my September 2010 post I said that the review marked a victory for campaigners against certain extradition agreements, most notably the supporters of alleged Pentagon hacker Gary McKinnon (pictured).
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7 April 2017 by Guest Contributor
More substantive than the 137 word EU (Notification of Withdrawal) Act 2017 (‘Notification Act’), which was passed by Parliament on 13 March, the Prime Minister’s 6 page letter of notice, issued under Article 50 TEU, is lacking in one crucial respect. This post asserts that, as a matter of UK constitutional law and in accordance with the EU Treaties as well as customary international law, conditionality should be inferred into this notice. Such conditionality manifests in the requirement of domestic Parliamentary approval at the end of the Article 50 negotiation process.
On Wednesday 29 March, shortly after the UK’s Article 50 notice had been delivered to Donald Tusk, Theresa May told the House of Commons that it was a ‘historic moment from which there can be no turning back’.
That premise is disputed. As a matter of law, it is far from certain that notice issued under Article 50(2) is indeed irrevocable. Further, there are compelling legal arguments as to why such notice can be unilaterally withdrawn once given. The arguments in favour of revocability are difficult to dispute, finding their basis in the UK constitution, EU Treaties and international law.
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2 February 2011 by Adam Wagner
Updated | The Human Rights Lawyers’ Association, of which I am a committee member, is recruiting a part-time administrator.
Full details of the post, which is for up to 10 hours per week and offers remuneration of £10,000 inclusive of VAT, can be found after the page break.
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16 September 2011 by David Hart KC
In the UK and EU, there are a lot of statutes and rules about climate change, and relatively little strategic litigation. Hop over the Pond, and we see exactly the reverse, a reflection of different political dynamics with the hostility of the US Congress to climate change legislation.
It is interesting to look at some of the US cases, not only because they lock horns with one of the big issues of our time, but also because they reflect a common problem the courts face in deciding their role when confronted with science which is, or is said to be, controversial.
We should start with the groundbreaking decision in Massachusetts v. EPA (549 U.S. 497 (2007)). The US Supreme Court held that the US Environmental Protection Agency had a duty to use its existing powers under the Clean Air Act and assess whether greenhouse gas (GHG) emissions from vehicles were a danger to the environment and, if that was the case, to regulate them. In the litigation, and contrary to the opinion of two of its previous general counsels, it had denied that it was under a duty to do so. This judgment was a highly important ruling, as it meant that no new legislation was necessary to get the climate change ball rolling. Thereafter the EPA turned to how it should regulate GHG emissions, as we shall see.
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8 January 2013 by Adam Wagner
With apologies for the boring title, here are three quick things.
First, the Government’s consultation on Judicial Review changes ends on 24 January 2013, so you have just over two weeks to respond. As with some previous consultations, I will be collating responses on the blog so please feel free to email them to me. My most recent thoughts are here: Quicker, costlier and less appealing: plans for Judicial Review reform revealed
Secondly, the European Court of Human Rights is to rule next Tuesday 15 January on four key cases involving discrimination and religious rights. The full background is here: Religious freedom in UK to be considered by Strasbourg Court and you can watch the entire hearing here. We will, of course, be covering the judgment in full.
Thirdly, in November 1 Crown Office Row hosted a mock trial on the topic of public inquiries and inquests at which a number of 1COR barristers, including me, spoke. The podcast of the event is now online and you find it here and also below the page break. You can also download the handout, which includes a number of very useful skeleton arguments for the mock trial, here.
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3 May 2015 by Martin Downs
Erlam et al v. Rahman et al, Richard Mawrey QC, April 2015, judgment here
The Guardian has reported that Lutfur Rahman, the former directly elected mayor of Tower Hamlets is “exploring the possibility” of judicially reviewing the judgment of the Election Commissioner, Richard Mawrey QC declaring his 2014 election void and barring him from standing in the mandated repeat of the poll.
The only surprise is the qualified nature of the statement as his website had already announced his decision to appeal two days before. This site also directs readers to a petition which describes the case as, “a politically-charged stitch up and an anti-democratic coup.” The Guardian quotes the Head of the Tower Hamlets branch of UNITE as describing the judgment as “an undemocratic assault on the people of Tower Hamlets” which was both “racist” and “Islamophobic”.
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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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