Search Results for: puberty blockers consent/page/23/Freedom of information - right of access) [2015] UKUT 159 (AAC) (30 March 2015)

Interfering with electricity meters is a matter of EU law – although not in the way you think

25 September 2012 by Rosalind English

   Valeri Hariev Belov [2012] EUECJ Case C-394/11 20 September 2012 – read opinion

For the first time the European Court of Justice (CJEU) has been asked to address the issue of indirect discrimination based on ethnic origin and the possible justifications for such discrimination.

The question, put before it as a reference on a preliminary issue from the Bulgarian Commission for Protection against Discrimination (the “KZD”), is this:

 Is it discriminatory if, in districts which are inhabited predominantly by a people belonging to a certain ethnic minority, electricity meters are suspended much higher than elsewhere?

The Court has thus been given an opportunity to refine its case-law on the ‘anti-discrimination directives’ – in the present case the Directive 2000/43/EC (the “race directive”).

Background facts

What led to this dispute was the practice in two districts of the Bulgarian city of Montana, of attaching electricity meters to electricity poles at a height of 7 m, whilst elsewhere electricity meters are installed at a maximum height of 1.70 m, such that they are accessible for consumers. The districts in question are inhabited primarily by people belonging to the Roma community, and the question therefore arises whether this practice constitutes discrimination based on ethnic origin.

As the electricity authority’s written observations to the court explained, the measure was taken because of the increasing incidence of unpaid bills in the two urban districts and the frequent offences committed by consumers which impair or threaten the safety, quality and continuous and secure operation of the electrical installations. The AG  succinctly  describes of the problem, and the solution to it:

Manipulation and unauthorised electricity extraction are undoubtedly made more difficult if electricity meters and distribution boxes are placed at a height of 7 m, which is normally inaccessible for consumers

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Beanstalks and golden eggs

20 June 2011 by Rosalind English

In her lecture at Gresham College last week Baroness Hale speculated how high the human rights tree might grow before it presents a threat to the surrounding constitutional ecosystem. Our words, not hers, but she preferred the arboreal image to the more established but inherently nonsensical notion of a “living instrument” as an expression of the Convention’s adaptability over time. This tree, she suggested, should not be allowed to transmogrify in to a gigantic beanstalk, crashing through the sky, inspiring false dreams and unrealisable ambitions.

The seeds of this tree – or treacherous beanstalk, whichever way one prefers to look at it – were sown in the seventies when the Strasbourg Court chose a “purposive” rather than a literal construction of the language used in the Convention. This means that judges enforcing the norms of the Convention need not confine themselves to the terms as stated or clearly implicit in the written text, nor to the purpose that might be derived from the preparatory materials and the historical context. Thus in the landmark case of Golder v United Kingdom, the Court ruled that Article 6 not only conferred an explicit right to a fair trial but implied that citizens should be granted the right of access to justice, something that could not be discovered within the four corners of the Convention as a document.
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‘One of the most controversial questions which the law of human rights can generate’: Supreme Court alters approach to Article 3 in medical cases – an extended look

29 April 2020 by Jonathan Metzer

Unlike some of the rights protected by the European Convention on Human Rights, the prohibition on torture or inhuman or degrading treatment under Article 3 is absolute. There is no question of striking a balance between Article 3 and other considerations: the state simply may not act in a way which would breach this prohibition.

This means that this right can offer crucial protection to the sorts of people that some members of the public may not have instinctive sympathy towards, such as an immigrant with a serious criminal history who may otherwise struggle to resist deportation. Even if their case is otherwise unattractive, if it is shown that deporting them would expose them to inhuman or degrading treatment (or indeed constitute such treatment), their appeal must succeed.

In certain circumstances this will include a person with a serious medical condition who resists removal on the basis that the disparity between medical care in their country of origin compared to their host state would mean that removing them would constitute inhuman or degrading treatment. Such cases had previously been considered to succeed primarily for a person close to death, where removal would involve “in effect, pulling a man off his deathbed” (AM (Zimbabwe), para 14).

However, in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, the Supreme Court has held that the proper approach to Article 3 was modified by the European Court of Human Rights in Paposhvili v Belgium [2017] Imm AR 867. The relevant test now is whether removal would give rise to a real risk of a serious, rapid and irreversible decline in the person’s state of health resulting in intense suffering, or to a substantial reduction in life expectancy. This does not require that death be imminent in the event of removal.

New legislation website launched, updated to 2002

2 August 2010 by Adam Wagner

The government has launched a sparkly looking but as yet scantily featured new legislation website, legislation.gov.uk, to replace the two websites which previously did the same job, OPSI and the Statute Law Database.

One notable absence from the National Archives-run site is any guarantee that the statutes will be up to date after 2002. This was also a limitation of its predecessors, which is why lawyers generally avoided them for fear of unknowingly using an out-of-date statute. “About half” of the legislation is now up to date, according to the frequently asked questions section. This is surprising given the amount of money which is spent on Government IT; the new website asking what laws people want scrapped will apparently alone cost £20,000.

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How Supreme Court Live works

18 May 2011 by Adam Wagner

This week the Sky News website began broadcasting UK Supreme Court hearings live. I have been talking up this idea for a while, and in my view the new service marks an important moment for access to justice.

In its first few days, Supreme Court Live has been showing an insurance case which has been, shall we say, a little difficult to follow (of course it would have been much more difficult to follow but for the excellent advocacy on display…) But the service works well and the footage is of high quality by current standards.

Whilst watching the case my mind wandered to the nuts and bolts of the arrangement between Sky and the court, and whether there are plans to expand the service in the future. I asked the Supreme Court, and this is what they said.

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Court of Appeal refuses permission to judicially review infected blood compensation scheme

21 February 2022 by Lucy McCann

CN v Secretary of State for Health and Social Care [2022] EWCA Civ 86

Judgment here, hearings here: part 1 and part 2.

In a judgment handed down on 4 February 2022, the Court of Appeal dismissed an appeal for permission to apply for judicial review concerning the lawfulness of the England Infected Blood Support Scheme (EIBSS) (the “Scheme”). The Court of Appeal concluded that the Scheme’s exclusion of those infected with hepatitis B was not discriminatory. In any event, the Secretary of State’s justification for who was to be compensated under the ex gratia Scheme was to be given a wide margin of appreciation by the courts.

Background

CN

The Appellant, CN, suffers from hepatitis B virus (“HBV”) which he alleges he contracted when given blood transfusions on or after 14 April 1989. Consequently, CN has suffered from serious health problems, and was forced to abandon his business to receive medical treatment; he has been reliant on state benefits for the last 13 years. CN is a core participant in the ongoing infected blood inquiry, which was established to examine the circumstances in which NHS patients in the UK were given infected blood and blood products (read more about the Inquiry here).

In 1995, CN issued a civil claim against the NHS and the National Blood Authority (now the NHS Blood and Transplant Service). Despite obtaining expert evidence to the effect that his infection was obtained from infected blood, he had to discontinue his claim when legal aid was withdrawn.

Infected blood and the England Infected Blood Support Scheme (EIBSS)

The Scheme was set up on 1 November 2017, to provide ex gratia support to people historically infected with hepatitis C virus (“HCV”) and/or human immunodeficiency virus (“HIV”). Specifically, the 2017 Directions set out the EIBSS’s purpose as:

a scheme to make payments and provide support in respect of individuals infected with HIV or Hepatitis C (or both) from blood or blood products used by the NHS and to provide support to family members of such individuals.

The Scheme addresses the ongoing social issues concerning those infected and affected by HIV and HCV from unscreened products. The Scheme recognises a moral imperative to compensate those infected with HCV and HIV in circumstances where attempts to allege negligence against the NHS would run into significant difficulties of fault-based liability and evidential issues surrounding the state of scientific knowledge at the time. It also helps families and partners after the death of someone infected, who would otherwise be unable to make a civil claim. 

Those infected with HBV do not fall within the remit of the Scheme. In basic terms, this is because the NHS screened blood and blood products for HBV from the mid 1970s, so the number of patients infected with HBV were low after screening. Within the Scheme, the cut-off date for HCV claims is September 1991, when screening was introduced. For HIV there is no cut-off, but the eligibility criteria make clear that after October 1985, when the NHS screened for HIV, it was very unlikely that HIV would be transmitted through infected blood.

Analysis: Early medical abortion cannot take place at home

15 February 2011 by Rosalind English

British Pregnancy Advisory Service v Secretary of State for Health [2011] EWHC 235 (Admin) – read judgment

The High Court has ruled that the law requiring that administration of the early medical abortion drugs take place at hospital cannot be read down to allow self-administration at home. The approval of the appropriate place for treatment must be made by the Secretary of State.

The current accepted treatment for a medical abortion up to 9 weeks’ gestation involves the prescription and two-phase administration of drugs at intervals of 24-48 hours. The claimant organisation argued that the requirement for women to return to the hospital or clinic for a second visit created unnecessary stress and hardship and therefore that the term “treatment” in the relevant legislation should be interpreted to mean that only the prescription and issuing of the drugs should take place in a hospital, allowing women to stay at home after the first visit.

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Reason resumes after a riotous August? – The Human Rights roundup

23 August 2011 by Melina Padron

Immanuel Kant

Welcome back to the human rights roundup, a regular bulletin of all the law we haven’t quite managed to feature in full blog posts. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

by Melinda Padron

In the news:

First, we welcome to the legal blogosphere RightsNI, a new blog relating to human rights issues in Northern Ireland. Human Rights in Ireland wrote a short introduction to the new blog which can be found here.

The UK riots

Now back to August’s hot topic. Last week blogger Charon QC quoted Immanuel Kant: “All our knowledge begins with the senses, proceeds then to the understanding, and ends with reason. There is nothing higher than reason.” Recognising the value of reason in the context of the riots, Charon QC posted several links to various articles which reflect on the events in the midst of all the confusion.

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Secret Justice:  the system for closed proceedings is in melt-down

8 May 2024 by Angus McCullough KC

A substantial majority of Special Advocates has felt driven to decline to accept new appointments to the role.  This is a result of the Government’s continuing failure to provide proper support for the controversial system for secret evidence and closed proceedings, avoidably heightening the unfairness that is inherent in such cases.  Special Advocates are the security-cleared lawyers appointed to represent the interests of those excluded from closed proceedings and they are central to the functioning of the system.

Bike repair and cycling training for your firm – and all for a good cause

15 April 2014 by Guest Contributor

Not too long ago, a friend of mine, Jem Stein, set up a brilliant social enterprise called the Bike Project. It has gone from strength to strength. The project is now loking for (i) new corporate clients for its very reasonable and professional bike repair service and/or bike training service, (ii) new bikes to repair. All details below and in this flier – Adam Wagner

The Bike Project was set up in late 2012 with the primary aim of refurbishing second hand bikes to give to destitute refugees and asylum seekers in London.

Many people come to this country with nothing, often escaping persecution. Whilst a number are forced to live on as little as £35 per week and unable to work as their status as a refugee is approved, those who are able to work find getting around on public transport simply too expensive. The effect that a bike can have is underestimated. It provides access to all that London has to offer: reaching charities that help with food, healthcare, education, and even the lawyer who can aid their application process. Of course, a bike can aid employment, if they are lucky enough to receive refugee status.

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One of the “great unspoken problems” about human rights law

15 November 2011 by Rosalind English

... is at the core of Jonathan Sumption QC’s  FA Mann Lecture.  His central point is not human rights as such, but our misconception of Parliament and the perceived need for judicial constraints on the action of the state.

Drawing on his not inconsiderable command of history  he sets out to explain that the  immense powers exercised by modern governments over their own citizens have arisen almost entirely from the collective aspirations of the population at large, “aspirations which depend for their fulfilment on persistent intervention by the state in many areas of our national life, and which no democratic politician can ignore.” We fool ourselves if we still view this as a power-grab by ambitious ministers and officials. The truth is that a powerful executive is “inherent in the democratic character of the modern state.”

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Court of Appeal refuses permission to appeal in Article 3 case — Vanessa Long

20 November 2018 by Guest Contributor

In the recent judgement of MM (Malawi) & MK (Sri Lanka) v SSHD [2018] EWCA Civ 2482 the Court of Appeal declined to grant permission to appeal to the Supreme Court for consideration of whether the test under Article 3 for removal of foreign nationals in medical cases, as set out in Paposhvili v Belgium [2017] Imm AR 867 , was correctly interpreted by the Court of Appeal in AM (Zimbabwe) v SSHD [2018] EWCA Civ 64.

Background

The issue in this case was whether the removal of a foreign national from the UK would breach their rights under Article 3 not to be subject to inhumane or degrading treatment where they are in receipt of medical treatment in the UK which is not available in their home country.

In 1997 the European Court of Human Rights (ECtHR) determined in D v UK  (Application no. 30240/96) that, as the applicant was in the advanced stages of AIDS to the extent that he was reliant upon palliative care in the UK and would receive no comfort or moral support in his home country, his removal would constitute a breach of Article 3. This was noted to be a ‘very exceptional’ case.

The current leading domestic authority is N v Secretary of State for the Home Department [2005] UKHL 31. N was also diagnosed with AIDS but owing to the availability of treatment in the UK she was expected to live for decades; however, if returned to Uganda, where such treatment was not available, she would die within one to two years. Lord Hope set out the test for ‘very exceptional’ as follows:

For the circumstances to be […] ‘very exceptional’ it would need to be shown that the applicant’s medical condition had reached such a critical stage that there were compelling humanitarian grounds for not removing him to a place which lacked the medical and social services which he would need to prevent acute suffering while he is dying …” [my emphasis]

Therefore, although N would die much faster in Uganda, as she would not be subject to ‘acute suffering’ whilst dying there was no breach of Article 3. This was held to be the case even though it was accepted that N’s life would be significantly shortened [see Lord Nicholls at para 15]. The issue was declared to be not whether her death would follow removal but whether “there is care available […] to enable [her] to meet that fate with dignity” [Baroness Hale, para. 69]. In N’s case it was considered that such care was available. The Grand Chamber of the ECtHR approved this reasoning in N v UK (Application no. 26565/05).

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Please sponsor us in the London Legal Walk!

9 May 2011 by Adam Wagner

A team of 1 Crown Office Row barristers and staff are taking part in the 10KM London Legal Walk next week. You can sponsor the team by clicking here.

We are raising money for the London Legal Support Trust, which funds Law Centres and pro bono agencies in and around London including the invaluable Bar pro Bono Unit and Free Representation Unit.

The UK Human Rights Blog was launched just over a year ago. It is a free service and we intend it to remain so, in order to give the general public easy access to expert human rights commentary. We do not support campaigns as a matter of policy, but we do ask that if you use and enjoy the blog, and you consider access to justice to be important, that you sponsor us in next week’s walk.

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Libel on the internet: Christian author takes on Dawkins and Amazon

16 May 2012 by Rosalind English

Mcgrath v Dawkins, Amazon and others [2012] EWHC B3 (QB) -read judgment

In an interesting ruling on a strike-out action against a libel claim, a High Court judge has delineated the scope for defamation in blog posts and discussion threads where the audience is small and the libel limited.

Background

The claimant, C,  is the author of a book entitled “The Attempted Murder of God: Hidden Science You Really Need To Know”. Published at the same time on the same general topic, but taking the opposite side, was “The Grand Design: New Answers to the Ultimate Questions of Life” by the very well-known scientist Professor Stephen Hawking and Leonard Mlodinow.  Both books were available for purchase through the Amazon UK website run by the third defendant.

Amazon includes an online public-access facility, through which any member of the public may publish their own review of a book for sale on the site, and others may post comments on that review, or on previous comments, so creating a “thread” which may be read by any internet user worldwide.  Since Prof. Hawking’s book was likely to attract far more interest among readers than C’s, he decided to raise the profile of his own work. In September 2010 he posted a purported review of the Hawking book, signed by “Scrooby”, which began by giving the details of his own book, and then went on to claim that this book “answered all doubts raised in [Hawking’s] book” and was an “antidote to this misguided book”. As the judgment continues
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Denouncing Human Rights, Legal Aid Woes and Animal Rights Advertising – The Human Rights Round

29 April 2013 by Sarina Kidd

Welcome back to the UK Human Rights Roundup, your regular potpourri 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.

This week, in order to deport Abu Qatada, there have been mumblings of a temporary departure from the ECHR. Furthermore, Justice Secretary Chris Grayling’s legal services reforms lead to a strike in the North, and the recent ECHR decision to allow the UK’s ban on political advertising continues to generate discourse.

by Sarina Kidd

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