July 2016

Employment Tribunal can restrict reporting of a case in interests of human rights after claim is withdrawn

2016

CA, RA, RB and RC v News Group Newspapers Ltd (Appeal No. UKEAT/0075/16/RN

An employment tribunal can make a restricted reporting order (RRO) which prevents or restricts disclosure to the public of any aspect of proceedings, where necessary to protect rights under the European Convention on Human Rights (ECHR). An employment tribunal must give full weight to the principle of open justice and to the right of freedom of expression.

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Employment Law

Former prisoner successfully challenges Access NI checks

2016

In our April Update, we reported that the High Court was hearing a judicial review brought by a former prisoner who was declared unsuitable for his job as a groundskeeper. The High Court has held that it was unlawful to discontinue his employment.

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Employment Law

PSNI searched man 156 times under anti-terrorism law

2016

The applicant brought a case against the PSNI on the basis that he was subjected to 156 searches between 2009 and 2013 under the Justice and Security (NI) Act 2007. He was stopped because of alleged dissident republican links.

Tags

Criminal Law, Local Developments

Government’s residence test for legal aid in England and Wales is illegal

2016

R (on the application of Public Law Project) v Lord Chancellor [2016] UKSC 39

Tags

Legal Aid

Court of Appeal rules that woman may act as surrogate in absence of formalities

2016

M, R (on the application of) Human Fertilisation and Embryology Authority [2016] EWCA Civ 611

The Court of Appeal has ruled that a 60 year old woman may use her daughter’s frozen eggs to give birth to a child. The woman’s daughter was deceased having died of cancer in 2011.

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Medical Law

ECJ upholds ‘right to reside’ test for UK child benefit and tax credits

2016

Case C-308/14, Action under Art. 258 TGEU for failure to fulfil obligations, 14^th June 2016

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Social Security

9-year Scottish murder trial was found to have breached human rights

2016

O’Neill and Lauchlan v the United Kingdom (Application Nos. 41516/10 and 75702/13)

The European Court of Human Rights has ruled that criminal proceedings in the UK ran beyond the reasonable period of time permitted under Article 6 of the ECHR.

Tags

Criminal Law, ECHR Art. 6, European Law, Right to Fair Trial

United Nations Human Rights Committee asks Ireland to amend its abortion laws

2016

Views adopted by the Committee under article 5(4) of the Optional protocol, concerning communication No. 2324/2013

In June, the United Nations Human Rights Committee (UNHRC) ruled that Ireland’s abortion laws subject women to ‘discrimination and cruel, inhuman or degrading treatment.’ On the facts of this case, the right to private and family life was also violated.

Tags

Discrimination, Health

IPCC rules that Sussex Police fail in duty towards disabled eleven year-old girl

2016

An eleven-year old girl who suffered from a neurological disability had been detained in police custody for a total of 60 hours under mental health laws, but without appropriate procedures being followed.

An investigation was conducted by the Independent Police Complaints Commission (IPCC) which found that the police failed to respond to the child’s needs. They could not justify use of force when restraining and hooding her and failed to ensure the presence of an appropriate adult, as required by mental health laws.

Tags

Children's Rights, Disability, Mental Health