In R (Dunn) v The Foreign Secretary and the Chief Constable of Northamptonshire [2020] EWHC 1620 (Admin) the Divisional Court dismissed two applications made in anticipation of the forthcoming rolled up judicial review arising out of the death of Harry Dunn. Harry Dunn was killed when his motorcycle collided with a car being driven on the wrong side of the road by Mrs Anne Sacoolas, the wife of a member of the administrative and technical…
Protesters in Hong Kong. Credit: The Guardian.  It has been a quiet week in the courts from a human rights perspective. The Supreme Court gave judgment on a divorce case and a social security fraud, and whilst the Court of Appeal and High Court were more forthcoming in terms of the number of decisions made, family law and commercial cases dominated. Legal buffs may however be interested to note Scales v Motor Insurers’ Bureau [2020]
The latest reports of HM Chief Inspector of Prisons and the Parliamentary Joint Committee on Human Rights lay bare the conditions in some British prisons. Some of the language that is used to describe living conditions in the Chief Inspector’s report is shocking – including “appalling”, “squalid”, “intolerable”, “extremely squalid” and beset with “vermin and filth”. The Chief Inspector’s view is that such conditions “should not feature in 21st century jails”. This conclusion was expressed…
ABC v Principal Reporter and another In the matter of XY [2020] UKSC 26 The Supreme Court recently dismissed two appeals concerning the role and rights of siblings in children’s hearings in Scotland. It held that the provisions of the Children’s Hearings (Scotland) Act 2011 in question were compatible with article 8 of the European Convention on Human Rights. Background The appeals concerned whether a sibling is a “relevant person” for the purposes of the…
The spotlight during the pandemic has been on frontline workers in the medical profession. But if you think of it, the real hazards are to be found in the dentist’s surgery, where most interactions with patients involve an operation in the mouth, whether it be drilling, cleaning or extraction. Most of what a dentist or a dental hygienist does is what has become widely known as an AGP – “aerosol generating procedure”. In the latest
A NHS Foundation Trust v MC [2020] EWCOP 33 (23 June 2020) How to determine “best interests” in the case of an adult lacking capacity, where a proposed medical donation for the benefit of a close relative may cause lasting harm to the donor? Here, MC was the subject of an application by an NHS Trust seeking the court’s consent for the harvesting of peripheral blood stem cells so they can be donated to her…
It is just over five years since the landmark United States Supreme Court decision in the case of Obergefell v Hodges (26 June 2015), and just over fifty-one years since the Stonewall riots (28 June 1969). To the many important dates in Pride Month must now be added 15 June 2020, the date of the Supreme Court’s decision in Bostock v Clayton County, which confirmed that is, in fact, illegal to fire an employee…
University Hospital and Warwickshire NHS Trust v K and another [2020]  EWCOP 31 This case is a timely illustration of the unenviable task faced by judges, doctors and mental health professionals during Lockdown. This judgment was delivered following a remote hearing conducted on a video conferencing platform of an urgent application brought by the University Hospital Coventry and Warwickshire NHS Trust. In this final hearing, held remotely, the Trust have asked the Court of Protection…
In the News: Together with anti-racism protests sparked by the death of George Floyd, the coronavirus pandemic has continued to dominate the news. Two recently published reports have highlighted flaws in the government’s response in relation to the provision of social security and domestic abuse support during the crisis. The pandemic has propelled an estimated 3 million new claimants onto universal credit, prompting fresh criticisms of the UK’s social security system. On 22 June, the…
In Re X (Parental Order: Death of Intended Parent Prior to Birth) [2020] EWFC 39 the Family Court read down section 54 of the Human Fertilisation and Embryology Act 2008 to enable a parental order to be granted where an intending parent died shortly before the child’s birth. This ensured the child’s Article 8 and 14 rights were protected, and prevented much emotional hardship for this family. The case has already been cited in Re…