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The Federal Court of Justice in Germany (the Bundesgerichtshof, or BGH) has ruled against the social network provider that deleted posts and suspended accounts amid allegations of “hate speech”. The ruling was handed down on the 29th of July (Bundesgerichtshof, Urteile vom 29. Juli 2021 – III ZR 179/20 und III ZR 192/20) and at the time of writing this post, the full judgment had not been published. The following summary is based upon the…
The dust has settled since the government released its draft Online Safety Bill. Now is therefore a good time to evaluate its aims, methods, and potential impacts, which we will do so in this two-part post. The first post will have a look at the overall architecture of the bill, discussing what it is trying to do and how it is trying to do it. The second post will survey responses to the bill…
In the second of their series of family law podcasts, Clare Ciborowska and Richard Ager of 1 Crown Office Row Brighton discuss the vexed area of care proceedings where it is considered necessary to take a baby away from its mother for the infant’s safety. The law on newborns is pretty thin and the social worker practice varies from area to area. Earlier this year the Public Law Working group published a series of…
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…
In the news: Monday was England’s so-called ‘Freedom Day’, with the final coronavirus restrictions lifted.  This means nightclubs can reopen; bars are no longer table service only; there are no more limits on attendee numbers at large events; and it is no longer mandatory to wear face coverings in public spaces, although the recommendation to do so remains. It also remains a legal obligation to self-isolate if contacted to do so by NHS Test and…
Forstater v CGD Europe & Others [2019] UKEAT/0105/20/JOJ The Employment Appeal Tribunal has ruled that the belief that biological sex is immutable is a protected philosophical belief under the Equality Act 2010. Maya Forstater (the “Claimant“) holds gender-critical beliefs: that biological sex is real, important, immutable and not to be conflated with gender identity. She expressed such views on Twitter when the Government introduced proposals to reform the Gender Recognition Act 2004 to allow people…
R (on the application of AB) v Secretary of State for Justice [2021] UKSC 28 The Supreme Court has unanimously dismissed an appeal which considered whether treatment throughout a 55 day period in solitary confinement of a then 15-year-old appellant in Feltham Young Offenders’ Institution constituted a violation of Article 3 of the European Convention on Human Rights. Facts The case concerned the treatment of the Claimant, AB, whilst he was detained at Feltham Young…
In the news: Immigration and migrant rights have been at the forefront of the news this week. An investigation has revealed that many undocumented migrants in the UK are being denied access to a vaccine, even though NHS England policy states that ID is not required to register with a GP (needed to book a jab). The vaccines minister, Nadhim Zahawi, confirmed that the vaccine was available to everyone, regardless of immigration status, but the…
The Covid pandemic has brought the mental health of those within the legal profession into sharp relief. For some people, the past 18 months will have been the first time they have discussed their mental health with clients, colleagues, and supervisors. To celebrate reaching 500,000 listens on the podcast, I wanted to do something a little different. In this episode I speak to Rachel Francis and Joanna Fleck, two extraordinary women, about their new…
SC, CB and 8 children, R. (on the application of) v Secretary of State for Work and Pensions & Ors [2021] UKSC 26 (9 July 2021) The Supreme Court has rejected a challenge against the two-child limit on the individual element of child tax credit payments. In a unanimous judgment delivered by Lord Reed, the Court held that the provision imposing the limit was not contrary to the appellants’ Convention rights. The Court found that…