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RMT v United Kingdom: Sympathy Strikes and the European Court of Human Rights

RMT v United Kingdom: Sympathy Strikes and the European Court of Human Rights

In RMT v United Kingdom the European Court of Human Rights held that the ban on secondary action in the United Kingdom was a justified interference with the right to freedom of association in Article 11 of the ECHR. The RMT contended that its members employed by Hydrex were unable to take effective strike action [...]

P v Cheshire West and Chester Council: Shaping Deprivations of Liberty

P v Cheshire West and Chester Council: Shaping Deprivations of Liberty

The case of P v Cheshire West and Chester Council considered whether living arrangements for mentally incapacitated people necessarily constitute a deprivation of their liberty. Its significance lies in the fact that, where such a deprivation is found, deprivation of liberty safeguards (“DOLS”) must be put in place. DOLS are intended to ensure that individuals [...]

Cheshire West and the Repugnant Conclusion

Cheshire West and the Repugnant Conclusion

The Supreme Court’s judgment(s) in Cheshire West [2014] UKSC 19 stirred up the expected storm. By siding with the approach urged upon it by the Official Solicitor, the Court has inevitably increased the numbers who will fall within the category of persons “deprived of their liberty”. Not only will this increase the numbers of people [...]

The Regulation of Casual Work and the Problematical Idea of the ‘Zero Hours Contract’

The Regulation of Casual Work and the Problematical Idea of the ‘Zero Hours Contract’

There has of late been considerable public concern in the UK about the use of a kind of employment arrangement known as the ‘zero hours contract’.  The essence of employment arrangements of this kind is that the worker is offered work as and when the employer or work-user wishes without the guarantee to the worker [...]

Omnipresent in the EU: Violence Against Women

Omnipresent in the EU: Violence Against Women

The results of the world’s largest survey on women’s experiences of psychological, physical and sexual violence have shown that violence against women is a problem which exists at home, at work, in public and online. Following 42,000 face-to-face interviews in all 28 EU Member States, the survey, conducted by the European Union Agency for Fundamental [...]

Where Have All The Expatriates Gone?

Where Have All The Expatriates Gone?

Participants in the 18 September 2014 Scottish independence referendum will be asked whether Scotland should become an independent country. The UK Chancellor of the Exchequer’s pronouncement that Scotland will not be able to keep the pound, and the EU Commission President’s observation that ‘it would be extremely difficult, if not impossible’ for Scotland to join [...]

Independent Review of Terrorism Laws: a Brief Introduction

Independent Review of Terrorism Laws: a Brief Introduction

Monitoring the activities of the secret state creates a conundrum.  To be effective, a monitor needs to read and to know what is secret.  But why should the monitor be believed, when the monitor’s reasoning cannot be shared with the public? That conundrum is most familiar in the context of intelligence oversight, where the Shadow [...]

The Oxford Legal Assistance Volunteer Partnership Programme with Bail for Immigration Detainees

The Oxford Legal Assistance Volunteer Partnership Programme with Bail for Immigration Detainees

In the 2013-2014 academic year, following the success of its existing link with award winning legal aid firm Turpin & Miller, Oxford Legal Assistance (‘OLA’) has engaged in a new partnership programme with Bail for Immigration Detainees (‘BID’). The programme provides students with the opportunity to undertake pro bono work at the organisation’s Oxford office, [...]

From Torment to Tolerance and Acceptance to the Everyday: The Course of LGBT Equality in the UK

From Torment to Tolerance and Acceptance to the Everyday: The Course of LGBT Equality in the UK

Colonisation is a dodgy business. Laws are mainstreamed across the Empire. So what did the Romans, keen to distance themselves from their pre-Christian roots, ever do for gay men? They criminalised homosexuality: from 4th century the law was used to target same-sex sexual activity between consenting males on pain of death. And so it remained [...]

Throwing Away The Key – Whole Life Sentences in the Court of Appeal

Throwing Away The Key – Whole Life Sentences in the Court of Appeal

Flouting the judgment of the European Court of Human Rights (ECtHR) in Vinter v UK, the UK Court of Appeal has held that whole life sentences do not violate Article 3 ECHR (R v McLoughlin – see Neil Shah’s blog post from earlier last week). This post explains why the Court of Appeal decision is [...]

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A Quick Overview

Blog posts have been coming in thick and fast over the last month. To help you get up to speed, the editorial team has put together a quick summary of some of the major themes. Justice Verma Committee on Indian sexual violence laws The Justice Verma Committee submitted its report on the reform of India’s [...]