Search Results for: justice and security bill


Facial Recognition Technology: High Court gives judgment

12 September 2019 by

R (Bridges) v Chief Constable of South Wales Police and Secretary of State for the Home Department [2019] EWHC 2341 (Admin)

The High Court has dismissed an application for judicial review regarding the use of Automated Facial Recognition Technology (AFR) and its implications for privacy rights and data protection.

Haddon-Cave LJ and Swift J decided that the current legal regime is adequate to ensure the appropriate and non-arbitrary use of AFR in a free and civilised society. The Court also held that South Wales Police’s (SWP) use to date of AFR by has been consistent with the requirements of the Human Rights Act 1998 (HRA) and data protection legislation.

Nonetheless, periodic review is likely to be necessary. This was the first time any court in the world had considered AFR. This article analyses the judgement and explores possible avenues for appeal.


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7/7 inquest findings published – 52 unlawful killings

6 May 2011 by

Lady Justice Hallett, Assistant Deputy Coroner for Inner West London, is giving her findings in the combined inquests into the deaths resulting from the “7/7” London bombings on the 7 July 2005 which killed 52 and injured over 700.

Unsurprisingly, the coroner has found that the 52 people who died as a result of the bombings were unlawfully killed. She also found that they would have died “whatever time the emergency services reached and rescued them”. The coroner made 9 recommendations (using her power under Rule 43 of the Coroners Rules) for the future prevention of such events, which are reproduced in full below.

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Human rights news and case-law roundup

17 July 2010 by

We recently started adding links to interesting new articles and case-law the sidebar under the heading “Selected news sources”. Below is a quick rundown of the most recent links. The full list of links can be found here.

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‘Subsistence’ and modern slavery — David Burrows

19 November 2018 by

iraq war human rights compensation civilian Camp Bassa compensation damages conflict of laws international humanitarian lawIn a week when Professor Philip Alston has so firmly – and publicly – emphasised the failures of the British government to appreciate the depth of poverty in the United Kingdom, it is instructive to have a view from the High Court as to a meaning of ‘subsistence’ in another, important, context, namely modern slavery.

In K & AM, R v Secretary of State for the Home Department [2018] EWHC 2951 Mostyn J was concerned with subsistence payments for victims of modern slavery. The case concerned whether the Home Office’s cut to payments made under this country’s internationally agreed obligations to provide support to victims of trafficking constituted a breach of the rights of the victims. The court gave judgment for the claimants, finding that the cut was unlawful.

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Get out the back, Jack? make a new plan, Stan?

5 July 2016 by

slammingdoor1… well there aren’t exactly fifty ways to leave the European Union, but from the vociferous debate in legal as well as political circles we might be excused for thinking there are a great deal more. Today’s Times reports that “1,000 people join legal fight against Brexit” to ensure that parliament votes before the government formally triggers the exit procedure from the EU. David Pannick will argue the challenge. But against such a legal heavyweight is former law lord Peter Millett, whose letter published in yesterday’s Times declares that the exercise of our treaty rights is a matter for the executive and the triggering of Article 50 does not require parliamentary approval. So whom are we to believe?

In her guest post Joelle Grogan has speculated upon the possible future for rights in the immediate aftermath of the referendum so I won’t cover the same ground. I will simply draw out some of the questions considered in two reports produced before the result of the referendum was known: 1. House of Lords EU Committee Report (HL138) and the more detailed analysis by Richard Gordon QC and Rowena Moffatt: 2 “Brexit: The Immediate Legal Consequences”.

  1. The House of Lords EU Report

Is Article 50 the only means of leaving the EU?

States have an inherent right to withdraw. It would be inconceivable that the member states of such a close economic arrangement would force an unwilling state to continue to participate. The significance of Article 50 therefore lies not in establishing a right to withdraw but in defining the procedure for doing so.
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The Weekly Roundup: Facial Recognition Technology (and Brexit)

10 September 2019 by

Image: UK Parliament/ Jess Taylor

In the news

As we inch towards October, the £100m government campaign to ‘Get Ready for Brexit’ has been launched. But to all intents and purposes, the government are jumping the gun. By the time businesses have managed to get themselves ready for Brexit (again), Boris Johnson will probably have been required to request an extension to Article 50 under the anti-no deal bill proposed by Hillary Benn, which today was given royal assent and passed into law.


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The Weekly Round up: planned new Bill of Rights; fall in the success rate of JR claimants; Afghan judge applies for relocation to UK

4 July 2022 by

Criticism of the planned British bill of rights has been gathering momentum. Free speech campaigners have argued that it will undermine freedom of expression rather than support it.  Labour’s shadow justice minister called it ‘a very dark day for victims of crime, for women, for people in care, for everyone in this country who rely on the state to protect them from harm’ . A cross-party amendment that would include the right to abortion has been proposed. While Dominic Raab stated that abortion is already ‘settled in UK law’, Labour MPs have argued that there should be a free vote for MPs on enshrining abortion in the bill as a fundamental right.

Nicola Sturgeon has announced that the Scottish government intends to hold an independence referendum on 19th October 2023. Her government has requested that the Supreme Court give a ruling on whether they can legally call such a referendum without authorisation from Westminster. Sturgeon commented that if the court’s response is negative, the next general election could provide a ‘de facto referendum’ on independence.   

In other news

According to a recent analysis, the proportion of judicial reviews in England and Wales in which claimants have won has fallen by 50% since 2020. Last year, 31 judicial reviews (excluding immigration) found for the claimant in the High Court, the lowest number since 2001, when records began. Jolyon Maugham QC, director of the Good Law Project, responded with a warning that the rule of law ‘could easily become a relic for the history books’

The Ministry of Justice and the Attorney General’s Office have called on the Law Commission of England and Wales to review the law regarding contempt of court. This comes amidst concerns that the current system is ‘disordered and unclear’. The review will aim at simplification, clarification, consistency and greater effectiveness within the law regarding civil and criminal contempt of court. It will address, among other things, Article 10 ECHR in relation to publishing information about court proceedings, potential procedural issues, responsibility for adjudication, investigation and prosecution, and the appropriateness of current penalties. 

The UK Information Commissioner has announced that public authorities will only be fined for data breaches in ‘the most egregious cases’. The effectiveness of fines as a deterrent was doubted by the Commissioner. Public reprimands will be used more frequently, alongside enforcement notices, as part of ‘a more proactive and targeted approach’. 


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Public purse stays closed for morbidly obese man

28 July 2011 by

Condliff, R (on the application of) v North Staffordshire Primary Care Trust [2011] EWCA Civ 910 – Read judgment

A morbidly obese man has lost his appeal against his local Primary Care Trust’s (PCT’s) refusal to fund his anti-obesity surgery. The Court of Appeal ruled that the PCT had no obligation under Article 8 of the European Convention on Human Rights to consider social or non-clinical factors when deciding whether to grant a request for exceptional funding.

In his discussion of the case, Lord Justice Toulson began by saying that “Human rights law is sometimes in danger of becoming over complicated“. Underlying this point is the fact that it is already complicated enough. This is a good example: how could a court find that this case, which clearly involves the dignity and family life of a man whose life is difficult and miserable, not engage the protection of human rights law? I will try to explain.

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The Round Up – EU citizens lord it over Brexit

3 March 2017 by

house-of-lords-picture

Theresa May had appeared to have bounced back from the Article 50 Supreme Court case with the relatively smooth passing of the Brexit Bill through the House of Commons.

But her woes were clearly not at an end this week when she suffered defeat at the hands of the House of Lords. The peers voted 358 to 256 in favour of amending the Brexit Bill in order to guarantee the rights of EU citizens already living in the UK – the amendment drawing support not only from Labour, Liberal, and Crossbench peers, but also 7 Conservative peers.

What’s the issue?

There are currently over 3 million EU citizens living in the UK. While we are part of the EU they are allowed to move and work freely in whichever Member State area they choose.

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Democracy dangers, freedom of speech and a Leveson update – The Human Rights Roundup

6 May 2012 by

Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

In the news

This week, the Foreign and Commonwealth Office published its Report on Democracy and Human Rights and the Legal Aid, Sentencing and Punishment of Offenders Act was enacted. The Leveson Inquiry continues to roll on, and we have a fresh round of commentary over freedom of speech, and over the democratic legitimacy of judicial decisions on human rights.


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Prisoners in psychiatric hospitals not entitled to equal benefits with other patients

29 April 2010 by

R (D and M) v Secretary of State for Work and Pensions; R (EM) v Secretary of State for Work and Pensions [2010] EWCA Civ 18

Read judgment

With apologies, this post originally appeared with the wrong title

The Court of Appeal has ruled on two linked challenges to the entitlement to welfare benefits of prisoners detained in psychiatric hospitals. One claim alleged unlawful discrimination as compared with other psychiatric patients not serving sentences, in breach of Article 14 ECHR, taken together with Article 1 Protocol 1 ECHR. The other claim raised a point of construction of the relevant regulations affecting one category of such prisoners

The discrimination aspect of the case considered two categories of convicted, sentenced prisoners: those transferred to psychiatric hospitals under section 47 of the Mental Health Act 1983, and those subject to hospital and limitation directions under section 45A of the Act. Prisoners in the first category are transferred after sentence, and generally after serving time in prison, while those in the second were subject to a direction at the same time as they are sentenced. Such prisoners were to be contrasted with, on the one hand, convicted prisoners who serve their sentence in prison and, on the other, patients who have been detained under purely civil law powers or under section 37 of the Act (that is, following conviction, but without any sentence having been passed).
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Napier barracks conditions held not to meet minimum standards

28 July 2021 by

Napier Barracks, Kent, which was the subject of this claim. Image: The Guardian

In R (NB & Others) v Secretary of State for the Home Department [2021] EWHC 1489 (Admin), the High Court ruled that the treatment of asylum seekers at Napier military barracks did not meet minimum legal standards, that the process for allocating asylum seekers to accommodation centres was flawed and unlawful and that the six claimants had been falsely imprisoned during the “inevitable” Covid-19 outbreak. David Manknell of 1 COR was junior counsel to the SSHD.

Background

In September 2020, Napier military barracks was converted into a medium-term accommodation centre for asylum seekers. By the end of January 2021, the centre had witnessed a major outbreak of Covid-19, protests by residents against poor conditions inside the facility and a fire.

NB and the other five claimants had been kept at the barracks for months. This was despite evidence that that they had all experienced “people trafficking and/or torture prior to their arrival in the United Kingdom” and that several of them were suffering from pre-existing mental health issues as a result of their experiences. At issue in this case was the Defendant’s decision in each of the Claimants’ cases that they should be accommodated at the Barracks.


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In or Out, JR Standing and Challenging PRISM – The Human Rights Roundup

6 October 2013 by

HRR prisomWelcome back to the UK Human Rights Roundup, your regular late summer bake off of human rights news and views. The full list of links can be found here. You can  find previous roundups herePost by Daniel Isenberg, edited and links compiled by Adam Wagner.

Following the Tory Conference, commentators postulated on the topography of the human rights landscape in 2015.  Meanwhile, more looming concerns have been raised about proposed reform of judicial review, while challenges have been raised to the bedroom tax, as well as the UK’s involvement in PRISM.


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Will churches really be sued for not allowing civil partnerships?

24 February 2011 by

On 17 February the Home Secretary announced that the government was moving ahead with changes to the Civil Partnership Act 2004 which would allow the registration of civil partnerships to take place in religious premises.

While welcomed by many, some have voiced concerns that permission will inevitably become coercion. They fear that religious organisations may face legal action if they refuse to facilitate civil partnership ceremonies, a claim the Government denies. But will they?

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Might the Human Rights Act impose a duty to pass subordinate legislation?

11 December 2020 by

On 25 November 2020 David Hart wrote a post setting out the central issues in Henshaw J’s lengthy judgment, R (o.t.a. of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin). If you want to remind yourself of the details of this interesting case read David’s post –Successful insurers’ A1P1 claim concerning benefits reimbursement in asbestos claims.

One question David didn’t go into occupies only two pages of the 183 paragraphs but is worth a post on its own. The claimant insurers argued that the defendant Secretary of State had unlawfully omitted to make regulations under the Social Security (Recovery of Benefits) Act 1997 that would have limited the amount of the liability imposed on the insurer by that Act (Section 22(4)). This is because of subsequent developments in the law of tort which made unlimited liability unfair. They maintained that as Parliament had itself been prepared to delegate authority in this area to the Executive, the failure of the defendant to make secondary legislation led directly to their loss. Section 30(1) of the 1997 Act provides that any power under it to make regulations or an order is exercisable by statutory instrument.


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Aarhus Abortion Abu Qatada Abuse Access to justice adoption ALBA Allison Bailey Al Qaeda animal rights anonymity Appeals Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 7 Article 8 Article 9 article 10 Article 11 article 13 Article 14 Artificial Intelligence Asbestos assisted suicide asylum Australia autism benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Catholicism Chagos Islanders Children children's rights China christianity citizenship civil liberties campaigners climate change clinical negligence Coercion common law confidentiality consent conservation constitution contempt of court Control orders Copyright coronavirus Coroners costs court of appeal Court of Protection covid crime Cybersecurity Damages Dartmoor data protection death penalty defamation deportation deprivation of liberty Detention diplomatic immunity disability disclosure Discrimination disease divorce DNA domestic violence duty of candour duty of care ECHR ECtHR Education election Employment Employment Law Employment Tribunal enforcement Environment Equality Act Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Court of Justice evidence extradition extraordinary rendition Family Fertility FGM Finance football foreign criminals foreign office France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage Gaza gender genetics Germany gmc Google Grenfell Health high court HIV home office Housing HRLA human rights Human Rights Act human rights news Huntington's Disease immigration India Indonesia injunction Inquests international law internet Inuit Iran Iraq Ireland Islam Israel Italy IVF Jalla v Shell Japan Japanese Knotweed Judaism judicial review jury trial JUSTICE Justice and Security Bill Land Reform Law Pod UK legal aid legality Leveson Inquiry LGBTQ Rights liability Libel Liberty Libya Lithuania local authorities marriage Maya Forstater mental capacity Mental Health military Ministry of Justice modern slavery monitoring music Muslim nationality national security NHS Northern Ireland nuclear challenges nuisance Obituary ouster clauses parental rights parliamentary expenses scandal Parole patents Pensions Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Private Property Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries public law Regulatory Proceedings rehabilitation Reith Lectures Religion RightsInfo Right to assembly right to die right to family life Right to Privacy Right to Roam right to swim riots Roma Romania Round Up Royals Russia Saudi Arabia Scotland secrecy secret justice sexual offence sexual orientation Sikhism Smoking social media Social Work South Africa Spain special advocates Sports Standing statelessness Statutory Interpretation stop and search Strasbourg Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture travel treaty TTIP Turkey UK Ukraine UK Supreme Court unduly harsh united nations USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks Wild Camping wind farms WomenInLaw YearInReview Zimbabwe
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