Search Results for: environmental/page/25/Freedom of information - right of access) [2015] UKUT 159 (AAC) (30 March 2015)

Abu Hamza wants his passport back

27 September 2012 by Adam Wagner

UPDATED | I have been sent the Statement of Facts and Grounds for Judicial Review on behalf of Abu Hamza, dated 25 September 2012. These are open court documents and have been obtained directly from the Royal Courts of Justice.

Abu Hamza’s extradition has been put on hold whilst this Judicial Review claim is being dealt with this coming Tuesday [update – I understand that another issue is being dealt with on Tuesday, and that the passport point is not the one which has held up the extradition]. I think this may be a ‘permission hearing’ (the first hurdle a JR claim has to surmount) although it may well be a ‘rolled up’ hearing, which means the permission and substantive aspects will be dealt with all at once. A few points to note (nb. this is my quick summary, and is only of course of one side of the case – Abu Hamza’s):

This particular claim is very limited. He applied for and was granted a passport on 11 November 2011 and although this was sent on 20 November 2011 to Belmarsh Prison, where he was located, the passport has not yet been given to him. He has also requested photocopies, to no avail.

He claims that the failure to provide him with his passport or copies of it is contrary to Home Office Guidance Note 20, as well as potentially Article 8 of the European Convention on Human Rights (the right to private and family life) and the EU Citizen’s Directive 2004/38/EC. For what it’s worth, this is fundamentally a legality challenge under ordinary public law principles – the human rights aspect of it is likely to be in the background. So although it would technically be correct to say he is challenging this decision on human rights grounds, that aspect is only likely to play a small part in the claim.

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Margaret Thatcher and the Constitution – Richard A. Edwards

10 April 2013 by Guest Contributor

The consequences of Margaret Thatcher’s administration have been long lasting. In many areas of national life Thatcher took the British Bulldog by the scruff of the neck and house-trained it. In the context of the constitution her impact was no less significant.

But Lady Thatcher did not set out to reform the constitution. Although the 1979 Conservative Manifesto raised the possibility of a Bill of Rights nothing came of this proposal during her administration.  In reality Margaret Thatcher was a traditional Conservative who believed in a strong state and had an aversion to any constitutional reform that might limit it. Yet her administration has left long lasting changes to the law and constitution. In fact there are too many to comfortably write about in a quick blog though a number of developments are of particular interest.

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Germany HIV popstar conviction: what would happen in the UK?

26 August 2010 by Adam Wagner

Updated, 1 Sep | The high-profile criminal trial of a German popstar who caused her former partner to be infected with HIV has resulted in a 2-year suspended sentence. In other words, she has been convicted but escaped jail. What would happen in similar circumstances in the UK?

The facts of Nadja Benaissa’s case were relatively simple. She had been infected with HIV since the age of 16 and is 28 years old now. She had sex with three people without telling them she was infected, and as a result one of them became infected himself. She claimed that she did not intend to infect him, and that she had been told by doctors the risk of passing on the disease were “practically zero”.

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Human Rights news roundup

27 August 2010 by Adam Wagner

Hoovering up the latest human rights news

We recently started adding links to interesting new articles and case-law on the right the sidebar under the heading “Selected news sources”.

These articles now appear on our Twitter feed (@ukhumanrightsb) and Facebook fan page too. Below is a quick rundown of some of the most recent stories. The full list of links can be found here.

• 27 Aug | Editorial: Legacy of Torture tainted Guantanamo confessions – NYTimes.com: The New York Times highlights the problems in prosecuting men who were detained at Guantanamo Bay. US courts have been unable to use “confessions” made under harsh interrogation techniques. See also our post on the continuing UK legal impact of Guantanamo Bay

• 27 Aug | Coalition ‘must protect Brits from extradition’ – : Liberty are pleading with the government to move forward on a measure which bars extradition if a significant part of the conduct which led to the alleged crime took place in or from the UK. See our post on the increasing role of human rights in extradition cases.

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What the first #catgate appeal judgment actually says

6 October 2011 by Adam Wagner

Updated |I have been sent the first appeal judgment in the political frenzy which has been termed “Catgate”. I had promised myself not to do any more Catgate posts or use any more cute pictures of kittens, but I have now broken that promise.

Having read the short, 6-page judgment dated 9 October 2008 by Immigration Judge JR Devittie – reproduced here by Full Fact – I will quote from it at length (apologies for any transcribing errors) and say the following. 

First, on any reading, the judgment does not support the proposition the Home Secretary made in her speech: “The illegal immigrant who cannot be deported because – and I am not making this up – he had a pet cat.” For similar reasons, it does not support the Daily Mail’s headline from this morning: Truth about Tory catfight: Judge DID rule migrant’s pet was a reason he shouldn’t be deported. Back on to the legal naughty step, Daily Mail.

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Child detention: More smoke and mirrors

13 January 2011 by Rosalind English

R (on the application of) Reetha Suppiah and others v Secretary of State for the Home Department and Interveners [2011] EWHC 2 (Admin) – Read judgment

A high court judge has ruled that two asylum seekers and their children were unlawfully detained at Yarl’s Wood immigration centre last year.

This ruling will add fuel to the flames of the debate over whether the government is truly committed to ending the detention of children in immigration centres, or whether they intend merely to “minimise” it.

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Major family justice review published

3 November 2011 by Adam Wagner

A major review by David Norgrove into the family justice system has been published today. You can find the report here or reposted below via Scribd.

The 225-page Family Justice Review was commissioned jointly by the Ministry of Justice, the Department for Education, and the Welsh Assembly Government. It aims to “improve the system so that it is quicker, simpler, more cost-effective and fairer whilst continuing to protect children and vulnerable adults from risk of harm.” The full terms of reference can be found here.

The report has already been widely reported:

• The Family Lore Blog has posted a useful summary of the report’s recommendations.

• Professor Richard Moorhead points out that the report makes “measured but telling criticisms of the legal aid proposals” which might be “sophisticated civil servant speak for, “There’s a fast train coming…. better get us off them tracks.””

• The BBC highlights the report’s criticism of family justice delays and recommendation that all childcare decisions should be made within six months.

• The Guardian, amongst others, picks out the lack of a recommendation (contrary the interim report – see para 108) for fathers to be granted a legal right to guarantee that their child has “a meaningful relationship with both parents”.

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Xenakis the fisherman and the tangle of EU law

22 September 2016 by Guest Contributor

Understanding Standing: Post 1 of 3

Recently, we posted on a proposed action against the European Commission, or, more precisely, the action of its president. The applicants’ greatest challenge in those proceedings will be to persuade the European Court of Justice in Luxembourg that they should be allowed to take their case at all; in other words, whether they have “standing” under the rules of the European Treaties. We are grateful therefore for an in depth analysis of the subject by regular UKHRB contributor Michael Rhimes.

Michael is currently fourth référendaire at the Court of Justice of the European Union (CJEU), and this and the following two posts on the subject are summaries of what he has set out in an article in the European Journal of Legal Studies  The views he expresses are personal only, and the article was written before he took up his current responsibilities at the CJEU.  

Introduction   

Standing is a hot topic in EU law, and it is certainly of considerable academic interest. The legal commentary in this area over the last 50 years would occupy a small mansion. I confess I am guilty of adding to this proliferation – my own 70 page contribution in the European Journal of Legal Studies may be found here. Yet it is also an area of great practical interest. This is because it is essential to have standing to directly challenge an EU act in the EU Courts. No standing means no admissibility, which means no case to be heard by the Courts.

The overall question to these three Posts is whether the EU provides effective judicial protection in relation to the challenging of EU norms. Each of the three Posts has a deliberately different scope and purpose.

1. The first is introductory. It summarises what standing is, introduces the main features of direct/indirect enforcement and explains how they are relevant to EU standing. It then offers an overview of the application of the heads of standing in Art 263(4) TFEU.
2. The second is technical. It examines the case-law under Art 263(4) TFEU offers a more detailed insight into the problems with the application of the three elements in the third head of standing.
3. The third is polemic. It seeks to explore how the application of effective judicial protection results in gaps in the ability to challenge EU law.

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Round Up 27.05.19 – Child asylum seekers gain greater protections, clarification of the law on repatriations to dangerous states, a victory for car owners everywhere and some political matters…

28 May 2019 by Thomas Hayes

Theresa May resigns during a speech in Downing Street, May 24th 2019. Credit: The Guardian

It would be virtually impossible for readers of this blog, unless they have recently returned from the International Space Station, awoken from a coma or been rescued after two weeks in the Hawaiian jungle, to have failed to notice this week’s political developments. Dispensing with them briefly, this week saw the Prime Minister announce her departure, and the subsequent commencement of a Conservative leadership campaign to appoint a new PM. Into this mix was thrown Sunday’s European Parliament elections, which saw Nigel Farage’s World Trade Organisation terms advocating Brexit Party finish first, albeit in a poll that saw advocates of a “no-deal” Brexit obtain fewer votes than those committed to preventing Brexit, if you take the combined Brexit Party and UKIP vote compared to combined Liberal Democrat, Green Party and Change UK vote.

More on Britain’s political machinations can be found courtesy of wall-to-wall coverage available pretty much everywhere.
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Refusal to grant legal aid to mother for inquest into son’s death was unlawful

14 April 2010 by Adam Wagner

Humberstone, R (on the application of) v Legal Services Commission [2010] EWHC 760 (Admin) (13 April 2010)

Read judgment

It would seem that legal aid is the topic of the day. Mr Justice Hickinbottom in the High Court has quashed the decision of the Legal Services Commission (LSC) not to grant an applicant for Judicial Review, Mrs Humberson, legal aid for representation at the inquest enquiring into the death of her son, Dante Lee Kamara. The judge took the opportunity set out five criteria which the LSC should apply when considering future applications (listed after the page break below).

Dante died in hospital on 1 July 2008 after an asthma attack. He was aged 10. The judge criticised the LSC’s decision not to grant funding to his mother, saying:

95. I regard the failure of the Commission to take into account the true nature and seriousness of the allegations Miss Humberstone faces at the inquest as a particularly serious defect in the decision making process: one reason why this case is unusual and essentially exceptional is because of the serious allegations Miss Humberstone faces, at the instigation of the agents of state who, she suspects, may have caused or contributed to her son’s death. This case does not open up any floodgate. I do not demur from the view in the Lord Chancellor’s Guidance, which itself reflects comments in Khan, that “in the overwhelming majority of cases the coroner would be able to conduct an effective judicial investigation himself without there being any need for the family of the deceased to be represented” (paragraph 27.4.7 of the Funding Code, quoted at paragraph 37 above). Given the nature of an inquest, and the specialist nature of coroners, that must be so.

Article 2(1) of the European Convention on Human Rights provides: “Everyone’s right to life shall be protected by law“. That primary obligation includes not only a duty on the state not to take life, but also a duty on the agents of the state to take appropriate legislative and administrative steps to protect individuals from threats to life when in their care. This also encompasses a duty, in some circumstances, to investigate a death, and if necessary, provide funding so that the investigation, including an inquest, functions properly.

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Legal challenge to surveillance of Muslim areas

15 June 2010 by Matthew Hill

The Human Rights organisation Liberty is threatening to bring a judicial review challenging a surveillance project that uses 150 automatic number plate recognition (“APNR”) cameras to monitor the roads in two predominantly Muslim areas of Birmingham.

Update 18/06/10 – Muslim area CCTV cameras to be covered by plastic bags [updated]

The Guardian reports that the plan, Project Champion, is funded by the Association of Chief Police Officer’s Terrorism and Allied Matters fund, which is intended to “deter or prevent terrorism or help to prosecute those responsible”. Project Champion provides for three times as many APNR cameras in the suburbs of Sparkbrook and Washwood Heath as are present in Birmingham City Centre. According to the Guardian: “The cameras form “rings of steel”, meaning residents cannot enter or leave the areas without their cars being tracked. Data will be stored for two years.”

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New Coalition abolishes Infrastructure Planning Commission after less than a year of operation

28 May 2010 by Elspeth Wrigley

The Infrastructure Planning Commission (“IPC”) is to be one of the first fatalities of the new coalition government. What impact will another change to the controversial system have on the fairness of planning decisions?

In a letter on 24 May 2010, the head of the IPC, Sir Michael Pitt, has confirmed the government is planning to scrap the organisation as a part of a wider overhaul planning powers in the Department for Communities and Local Government.

The IPC was set up as part of a number of planning reforms under the Planning Act 2008. The goal of the IPC is described on the website as “making the application process for nationally significant infrastructure projects faster, fairer and easier for people to get involved in”. Whether the IPC was achieving this goal is hard to say, as the body only began operation on 1 October 2009, and only began to receive applications on 1 March 2010.

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The Weekly Round-Up: Ministerial Maternity Leave, a New Offence and Guidance on Visiting Gran (pt. 1)

8 March 2021 by Byul Ryan-Im

On Monday the Ministerial and other Maternity Allowances Act 2021 came into force, allowing the Attorney General, Suella Braverman QC, to be the first minister to take maternity leave.  The Act grants cabinet ministers six months’ maternity leave whilst retaining their government post, whereas in the past MPs would have to resign to take time off to give birth.  The Act is not without its critics, including those saying it should apply to MPs outside the Cabinet, and include provisions for paternity, adoption and shared parental leave.  There was also heated debate in the Lords on the gender-neutral phrasing of the original Bill, with the Lords voting to replace ‘person’ with ‘mother’ in the final Act, despite its potential exclusion of trans and non-binary people.

A new offence of non-fatal strangulation has been included in the Domestic Abuse Bill following a campaign by the Centre for Women’s Justice, other organisations and the Victims’ and Domestic Abuse Commissioners.  The Bill is passing through the House of Lords and now includes the offence of intentionally strangling another person or otherwise affecting their ability to breathe.  Currently perpetrators are usually charged with common assault, with a maximum of just six months in jail.  The Bill also includes amendments strengthening the laws on ‘revenge porn’, making it an offence to threaten to share intimate images of a person with the intention to cause distress, and extends the coercive control offence to situations where perpetrators and victims do not live together.  The Victims’ and Domestic Abuse Commissioners welcomed the amendments but urged the Government to go further in creating a defence for people who commit offences due to domestic abuse.

On Friday the Women and Equalities Committee published the Government’s response to its report on the impact of coronavirus on BAME people, in relation to inequalities in health, employment, universal credit, housing, and the no recourse to public funds policy.  The Committee’s inquiry found that comorbidities in BAME people place them at risk of experiencing coronavirus more severely and with graver health outcomes.  Specific risks to BAME people include difficulty in accessing Government guidance, the disproportionate impact on BAME people of zero-hour contracts and being denied furlough, difficulties in applying for Universal Credit, and overcrowded housing due to housing inequality.

The Department of Health and Social Care on Friday published new guidance for care homes and visitors, to take effect on 8 March.  This is not a change in the law, as visits to care homes have never been unlawful, but the new guidance sets out the government’s advice on safe visiting practices.  This is that:

First commercial onshore salmon farm given the go ahead despite animal welfare concerns

6 June 2025 by Rosalind English

R (on the application of Animal Equality UK v North East Lincolnshire Borough Council and ASL New Lee Ltd [2025] EWHC 1331 (Admin)

This was an application for judicial review brought by an animal welfare charity challenging North East Lincolnshire Council’s decision to grant planning permission for the UK’s first full commercial scale onshore salmon farm proposed by AquaCultured Seafood Ltd. The farm, to be built in Cleethorpes, is designed to produce 5,000 tonnes of salmon per year.

The High Court had dismissed the application on paper in March 2025. However it was subsequently decided that Animal Equality’s challenge could proceed on the grounds that there was an arguable case that North East Lincolnshire Council’s planning officers had misdirected the Planning Committee by advising that animal welfare concerns could not be considered as material planning considerations under planning law. This potential misdirection raised a legal question about whether the approval of the salmon farm was lawful, warranting a full judicial review of the decision.

Arguments before the court

Animal Equality highlighted risks of welfare issues, such as the pain and suffering felt by animals kept in highly packed units, being eaten alive by sea lice; mass fish deaths including cannibalism and other problems such as high effluent levels in recirculating aquaculture systems. They referred to the deaths of 1.5 million fish at another onshore facility due to electricity supply interruptions. The Claimant did not seek to persuade the Court that the committee were required to take animal welfare concerns into account, rather that they should properly have been advised that it was open for them to do so if they wished to. They maintained that the Council’s planning committee members had been materially misled in relation to animal welfare concerns when the committee was advised that it could not take animal welfare concerns into account.

Time for human rights to get down to business? – Adam Smith-Anthony

12 December 2014 by Guest Contributor

Businesses, governments and civil society descended on Geneva last week for the 2014 UN Forum on Business and Human Rights, the largest global gathering in the business and human rights field. There were lofty statements of high ambition but the pervasive tone and success of the Forum was more prosaic: nitty-gritty implementation.

It was a conference dedicated to developing and sharing the best practices capable of shifting businesses from showcase philanthropy to real accountability, from vague aspirations to measurable impacts, and from a race to the bottom to a competition to be recognised as world leading. It was a call for real action; as one panel moderator told his coffee-clutching audience early on Day 3: “I want to see dust on everybody’s shoes”.

Implementation of what? 
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