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V.C.L. and A.N. v the United Kingdom (16 February 2021) Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in…
A number of legal developments put free speech under the spotlight this week. First, media commentators disputed the significance of the Duchess of Sussex’s successful privacy claim against Associated Newspaper Limited, covered in last week’s round-up. A leader in The Times issued the grave warning that ‘Mr Justice Warby’s judgment creates a precedent that will have a chilling effect on the media,’ not least ‘given that what was at stake…were issues that affect society as whole’.…
The last 12 months have provided fertile ground for many significant judgments concerning inquest law. In Episode 136, Emma-Louise Fenelon speaks to Rachel Marcus and Jim Duffy about the developments practitioners will need to know about.  The episode mentions:  Rushbrooke v HM Coroner for West London [2020] EWHC 1612 (Admin)  R (Maughan) v Senior Coroner for Oxfordshire   See Owain Thomas’ piece on this here See the Chief Coroner’s Law Sheet No. 6…
In the News: Having been temporarily suspended in early January as a result of an increase in COVID-19 cases, the Grenfell Tower Inquiry hearings resumed on 8 February 2021. The fire killed 72 people. The hearings are being conducted remotely using a Zoom-based video platform, which the Inquiry describes as “a temporary measure to be used only for as long as absolutely necessary”. The Inquiry conducted Phase 1 of the investigation, which focused on…
In an earlier post I discussed the problem of “vaccine hesitancy” and  written evidence to Parliament to Parliament outlining ways in which a vaccination against Covid-19 without consent could be put on a par with capacity under the Mental Capacity Act 2005 and with Section 3 of the Mental Health Act 1983. Since the announcement of successful clinical trials for the vaccination was made in mid-December, the prospect of population-wide vaccinations has become a…
The change will affect cases heard in criminal courts in England and Wales, from the Magistrates’ Courts to the Old Bailey (pictured) On 8 February 2020, small but significant changes were made to the Part 3 (Case Management) of the Criminal Procedure Rules and Practice Directions 2020 (“CrimPR”).  These changes remove the requirement that defendants in criminal trials provide their nationality to the court at preliminary hearings. The question is now to be asked only…
Snowed in while locked down? What would be more cheering reading than news from one of the no-frills airlines that there will soon be a fast track for vaccinated passengers to leave these shores for balmy Mediterranean beaches, or as the ad puts it “sunshine destinations”. Ryanair recently put out the slogan Jab and Go This advertising campaign, encouraging consumers to book flights following the roll out of the UK vaccination programme, might have been…
R (Salvato) v Secretary of State for Work and Pensions [2021] EWHC 102 (Admin) As any working parent will tell you, childcare is expensive.  Unlike in some other European countries, there is no universal provision of free or affordable childcare for school age children in the UK.  This can create a barrier for parents, especially lone parents, returning to work. There is some support in the system of universal credit, a means-tested benefits for families…
Air pollution is particularly high in Bangladesh, the asylum seeker’s country of origin On 18 December of last year, a judgment was handed down by the cour administrative d’appel à Bordeaux (the appeals court of the administrative court of Bordeaux) which, until quite recently, went under the international radar. In a landmark judgment, the Court ruled that the respondent, an asylum seeker from Bangladesh (‘Mr A’), could not be returned to his country of origin…
In the news: The week began with the first Opposition Day of 2021, with Labour choosing to put council tax and employment rights centre of the Parliamentary stage.  This followed an admission last week by Business Secretary Kwasi Kwarteng that the government was reviewing certain workers’ rights which had been saved post-Brexit as retained EU employment law.  Responding to allegations that the government planned to scrap the 48-hour maximum work week and change the rules around rest…