Does a judge have to consider Article 8 in possession proceedings brought by a private landlord? – Millie Polimac

“However, the Court appears to have stuck to the maxim that “hard cases make bad law” and chose certainty over allowing Article 8 to be used.”

UK Human Rights Blog

Image result for front doors terrace guardian Photo credit: the Guardian

No, said the Supreme Court in McDonald v McDonald [2016] UKSC 28 – read judgment.

Facts

Fiona McDonald was a private sector tenant.  The landlords were her parents who had purchased the property by obtaining a secured loan from a private company.  They fell into arrears of the monthly payments, and the company sought possession pursuant to a s.21(4) Housing Act 1988 (‘HA 1988’) notice. The arrears were not substantial, but they had persisted for some time.

An Article 8 defence was raised as Fiona had mental health problems in the form of psychiatric and behavioural issues.

The Supreme Court rejected her defence for the following reasons.

No Article 8 assessment

The appellant argued that the court, as a public authority under s.6(1) of the Human Rights Act 1998 (‘HRA 1998’), was required to carry out an Article 8 assessment in such circumstances.

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Case Law, CJEU: VKI v Amazon, Which data protection and consumer law applies to Amazon? – Lorna Woods

Inforrm's Blog

amazonThe recent CJEU judgment in VKI v Amazon (C-191/15) concerns jurisdiction both in the context of conflict of laws (applicable consumer laws) and the Data Protection Directive. Essentially, the Court of Justice had to decide which Member State’s data protection law should apply where goods are sold across national borders but within the EU. In this, it forms part of a stream of case law (both decided and pending), dealing with the powers of states (and their institutions) to protect those within their boundaries notwithstanding the digital internal market.

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Tape recording of an expert (a SHOCKING case)

Yet another remake of the Emperor’s New Clothes at taxpayers expense? The time to ditch over-zealous experts – together with their nauseating lemming-logic – as incompatible with the overriding objectives of justice and proportionality is long overdue!

suesspiciousminds

Truly, absolutely shocking.

This was a set of care proceedings, transferred up to the High Court before Mr Justice Hayden. A  consultant clinical psychologist, Dr Ben Harper, was instructed by the Court to assess the mother. The mother unknown to him, tape recorded their sessions. After the report of Dr Harper arrived, containing words set out in quotation marks attributed to the mother that she says she did not say, those tape recordings were transcribed and showed that she was correct.

Re F (A Minor) 2016

http://www.bailii.org/ew/cases/EWHC/Fam/2016/2149.html

Here are the findings that mother’s team invited the Court to make – you’ll see that they are very powerful  (perhaps even career-damaging stuff)

  1. Ms Taryn Lee QC and Ms Olivia Weir prepared a very extensive schedule prefaced by the following summary of the findings they invited the Court to make:
    1. 1. Dr Harper has either misread or exaggerated the mother’s presentation during…

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TOON OF TODAY ~~ CELTICS MATCH THE FINE FOR PALESTINE

“We, the Green Brigade, are the passionate Ultra fans of Celtic Football Club, Scotland’s most famous and successful football team. At the Champions League match with Hapoel Beer Sheva on 17 August 2016, the Green Brigade and fans throughout Celtic Park flew the flag for Palestine. This act of solidarity has earned our club respect and acclaim throughout the world. It has also attracted a disciplinary charge from UEFA, which deems the Palestinian flag to be an ‘illicit banner’

In response to this petty and politically partisan act by European football’s governing body, we are determined to make a positive contribution to the game and today launch a campaign to #matchthefineforpalestine. We aim to raise £75,000 which will be split equally between Medical Aid Palestine (MAP) and the Lajee Centre, a Palestinian cultural centre in Aida Refugee Camp on the outskirts of Bethlehem. From our members’ experiences as volunteers in Palestine we know the huge importance of both organisations’ work and have developed close contacts with them.”

Desertpeace

Image by Carlos Latuff

Match the Fine for Palestine Match the Fine for Palestine

#matchthefineforpalestine

We, the Green Brigade, are the passionate Ultra fans of Celtic Football Club, Scotland’s most famous and successful football team. At the Champions League match with Hapoel Beer Sheva on 17 August 2016, the Green Brigade and fans throughout Celtic Park flew the flag for Palestine. This act of solidarity has earned our club respect and acclaim throughout the world. It has also attracted a disciplinary charge from UEFA, which deems the Palestinian flag to be an ‘illicit banner’

In response to this petty and politically partisan act by European football’s governing body, we are determined to make a positive contribution to the game and today launch a campaign to #matchthefineforpalestine. We aim to raise £75,000 which will be split equally between Medical Aid Palestine (MAP) and the Lajee Centre, a Palestinian cultural centre in Aida Refugee Camp on the…

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Law for social workers (part 3)

“3. There’s however, some sort of credit for parents BEFORE placement orders

As Mr Feehan helpfully observed in his closing submissions, it is all very well to purport to undertake a balancing exercise, but a balance has to have a fulcrum and if the fulcrum is incorrectly placed towards one or other end of that which is to be weighed, one side of the analysis or another will be afforded undue, automatic weight. Taking that point up from where Mr Feehan left it, in proceedings at the stage prior to making a placement for adoption order the balance will rightly and necessarily reflect weight being afforded to any viable natural family placement because there is no other existing placement of the child which must be afforded weight on the other side of the scales. Where, as here, time has moved on and such a placement exists, and is indeed the total reality of the child’s existence, it cannot be enough to decide the overall welfare issue simply by looking at the existence of the viable family placement and nothing else.”

suesspiciousminds

This time I’m going to deal with Placement Orders and Adoption Orders – and largely of course what the Courts are looking for when deciding whether to approve a care plan of adoption rather than placement with a family member.

I expect to be changing this page a LOT.  Adoption law is changing faster at the moment than Justin Beiber’s views about Instagram.

Quick sidetrack. I like dinosaurs.

Of course I do. That’s surprised none of you, I suspect. I would actually go to a real world Jurassic Park if they built one. I would actually go to a real world Jurassic Park like the one in the last movie where 42% of the guests were eaten to bits. I wouldn’t care. Sign me up, I’m going. Every day I pass Thomson’s window and sigh that there’s still no Jurassic Park brochures.

One of the first dinosaurs found, in fossil…

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Britain should apologise for the Balfour Declaration, not ‘celebrate’ it

“As we approach 2017 with Israel entrenching its military occupation of Palestine and senior politicians articulating their rejection of a Palestinian state, Britain should avoid inflaming the situation by marking Balfour in any way. A more helpful act would be to establish an inquiry into Britain’s role in the creation of Israel and dispossession of the Palestinian people. Its role would be to establish the facts and to assess how justice can be brought to the Holy Land as the Balfour centenary approaches. This would be far better than “celebrating” what is indeed a dark chapter of Britain’s colonial history.” Professor Kamel Hawwash, MEMO

CoolnessofHind

558c5-israel-palestine_maps

Reading from the blog: Sykes-Picot: A Century of Conspiratorial, Fatal Games


CROSSPOST: Professor Kamel Hawwash

The Balfour Declaration is a letter from the then British Foreign Secretary Arthur Balfour to Walter Rothschild, for transmission to the Zionist Federation of Great Britain and Ireland. The critical part of this short letter said: “His Majesty’s government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.”

This was a prime example of colonial arrogance by which Britain, which was not then in occupation of Palestine, promised the Zionist Federation, which did not represent all Jews, without the consent…

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For all we know: Freedom of Speech, Radicalisation and the Prevent Duty – Paul Wragg

“The prevent duty is naked fascism. That it is not more readily perceived as such must be the sheer arrogance of the British people to assume the power will be reserved only for the right sort of people, ie, not us but them. It is a sad indictment of the toxicity that Brexit has produced, and which Donald Trump’s presidential candidacy has excited over here as well as America, that this sort of anti-liberalism raises not complaint but cheer.”

Dr Paul Wragg, Associate Professor of Law, University of Leeds, Associate Fellow, Inner Temple, Editor-in-Chief of Communications Law (Bloomsbury Press)

Inforrm's Blog

cvr-PreventGuidanceSeptember marks three anniversaries: it is fifteen years since the 9/11 attacks, it is one year since the so-called ‘prevent’ duty became law, and it is seventy-two years since the University of Chicago Press published The Road to Serfdom by Friedrich August Hayek (The Collected Works of FA Hayek, vol 2, Bruce Caldwell, ed (University of Chicago Press, 2007)). 

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Police probe three Labour MPs for expenses fraud after it’s claimed they failed to declare thousands of pounds spent on staff to get them re-elected : Daily Mail. — DWPExamination.

South Yorkshire Police to investigate three MPs for electoral fraud Sir Kevin Barron, John Healey and Sarah Champion all under spotlight Miss Champion accused of using parliamentary assistant to campaign Alleged Sir Barron did not declare £21,000 spent on staff for 2015 vote Mr Healey probed about £30,000 expenditure not properly declared John Healey MP, […]

via Police probe three Labour MPs for expenses fraud after it’s claimed they failed to declare thousands of pounds spent on staff to get them re-elected : Daily Mail. — DWPExamination.

‘Western Propaganda is Paid for in Syrian Blood’ – Dr Bouthaina Shaaban Talks to Vanessa Beeley

By Vanessa Beeley | 21st Century Wire | August 20, 2016 “The most effective way to destroy people is to deny and obliterate their own understanding of their history.” ~ George Orwell. The media fur…

Source: ‘Western Propaganda is Paid for in Syrian Blood’ – Dr Bouthaina Shaaban Talks to Vanessa Beeley