Resources

PLP's Resources Library is an online database holding PLP's guides, conference papers, published research and reports, recorded presentations, policy responses, and many other items.  You can search the items by clicking a category or a tag on the left, or using the search function.  Please note the content from conferences, such as papers and audio, are provided for public law practitioners. Public law is a very fast-moving area and some of the information will be out of date or overtaken by events. PLP accept no responsibility for the contents of these items.

 

 

Resources tagged with "Human Rights Act 1998"


  • photo for Top public law cases of the year

    Top public law cases of the year

    November 22 2017 | Conference papers | By Naina Patel, Alison Pickup, Nusrat Zar

    The number and diversity of public law cases is now such that a review of the year can only hope to cover a small sample of these. The selection of cases below (from September 2016 to August 2017) necessarily reflects our personal choices, and no doubt, there are many others that could have been included. We have each picked three cases. They are summarised below in chronological order, with some detail.

  • photo for Armed Drones and Judicial Review

    Armed Drones and Judicial Review

    January 5 2017 | Conference papers | By Sean Aughey

    The UK Government’s use of remotely-piloted armed Reaper drones to conduct lethal strikes abroad, without placing the operator at risk of injury or capture, has given rise to considerable concerns of legality, transparency and accountability. Armed drones are not prohibited weapons under international law. However, drone strikes raise serious legal issues, which differ depending on the circumstances in which strikes are carried out.

  • photo for Applications to the Attorney-General and s13 of the Coroners Act 1988

    Applications to the Attorney-General and s13 of the Coroners Act 1988

    December 9 2016 | Conference papers | By Emma Norton

    There are essentially two ways in which a person may challenge the sufficiency of inquest proceedings or a decision by a coroner not to hold an inquest at all. The first and most obvious is by way of judicial review proceedings. The second is by way of a s13 application under the Coroners Act 1988.This paper will briefly consider the law and procedure pertaining to applications to the Attorney-General for a fiat and applications to the High Court pursuant to s13 of the Coroners Act 1988.

  • photo for Public law, public inquiries and public accountability

    Public law, public inquiries and public accountability

    December 8 2016 | Conference papers | By Jesse Nicholls

    This paper considers some of the obligations and powers under which the State comes to investigate deaths, incidents of serious harm and abuse, and other forms of wrongdoing. These obligations and powers can, in limited circumstances, be used in judicial review proceedings to challenge decisions of Government and other public authorities on whether to conduct an investigation, and, if so, what form of investigation is required

  • photo for Investigatory Powers Bill, the Prevent duty, state secrecy and fundamental rights

    Investigatory Powers Bill, the Prevent duty, state secrecy and fundamental rights

    December 8 2016 | Conference papers | By Adam Straw

    On 11 October 2016 the IPB passed the report stage, which leaves only the third reading before royal assent. It is likely to become law in January 2017. The Bill is an unprecedented legislative assault on privacy. Although it is welcome in that it seeks to regulate what the authorities have been doing anyway without any formal legal basis, it contains incredibly far-reaching powers with insufficient oversight.

  • Access to Justice and Legal Aid for Separated Children in the UK

    November 24 2016 | Guides | By Polly Brendon

    Legal aid is vital to ensure that those who cannot afford to pay for a lawyer are able to access to justice. Prior to April 2013, legal aid was generally available to separated migrant children for all immigration applications that they may need to make, e.g. for cases which raised either asylum or Article 8 ECHR/EEA grounds, or a mixture.





    Now, with a few exceptions, it is available only for protection claims

  • photo for  Public law and the Investigatory Powers Bill

    Public law and the Investigatory Powers Bill

    November 18 2016 | Audio files | By Ben Jaffey, Cathryn McGahey QC, Graham Smith, Richard Hermer QC

    The investigatory Powers Bill (IPB) provides a legal framework to UK state surveillance, purporting to balance personal privacy with the needs of state to provide security and prevent fraud and terrorism. The panellists disucss the public law issues arising from the so called ‘snoopers charter’.

  • photo for Human Rights in the Court of Protection

    Human Rights in the Court of Protection

    November 17 2016 | Conference papers | By Fiona McGhie & Rhys Hadden

    The introduction of the Deprivation of Liberty Safeguards (“DoLS”) to the MCA 2005 on 1 April 2009 imposed a statutory responsibility on local authorities to oversee and operate a scheme to lawfully deprive the liberty of adults who lack the capacity to consent to arrangements made for their care or treatment in either hospitals or care home in their own best interests.

  • photo for Data Protection in 2016

    Data Protection in 2016

    November 17 2016 | Conference papers | By Stephen Cragg QC

    There have been rapid technological developments and the scale of data sharing and collection has increased dramatically. Intelligent technology allows private and state use of personal data on an unprecedented scale. There is a wide variation in national implementation of Directive 95/46/EC, and a need to do away with legal uncertainty and current costly fragmentation.

  • photo for Top Public Law Cases of the Year 2016

    Top Public Law Cases of the Year 2016

    November 2 2016 | Conference papers | By Monica Carss-Frisk QC, Iain Steele & Nusrat Zar

    The number and diversity of JR cases is now such that a review of the year can only hope to cover a small sample of the Administrative Court’s workload. The selection of cases here (from September 2015 to August 2016) necessarily reflects our personal choice, and no doubt there are many others that could have been included. We have each picked three cases. They are summarised in chronological order.

  • photo for Top Public Law Cases of the Year 2016 (July)

    Top Public Law Cases of the Year 2016 (July)

    August 3 2016 | Conference papers | By Emma Dowden-Teale & Rhiannon Jones

    These are a set of slides to accompany a presentation by Emma Dowden-Teale, Bates Wells Braithwaite & Rhiannon Jones, Lester Morrill Solicitors for PLP's North conferecne, 14 July 2016.



  • photo for The postive duties on the state to investigate trafficking and protect victims

    The postive duties on the state to investigate trafficking and protect victims

    July 15 2016 | Conference papers | By Catherine Meredith

    This presentation looks at the core duties to investigate, identify, and protect; the source of those duties; and their application in situations where the police and the Home Office are most likely to come into contact with victims - enforcement action, immigration crime raids, police stations, prisons, detention centres, screening, immigration procedures, and visa posts.

  • photo for Investigating the Investigators

    Investigating the Investigators

    June 24 2016 | Conference papers | By Heather Williams QC

    This paper considers the opportunities for legal redress under the Human Rights Act 1998 (“HRA”) where police fail to carry out their investigative responsibilities. The main focus is on the claims available to victims of serious crimes against the person. However, I also examine briefly the position of those accused of crimes who experience delay in their exoneration as a result of incompetent investigation.

  • photo for Investigating the NHS and Defending Patient Safety

    Investigating the NHS and Defending Patient Safety

    June 24 2016 | Conference papers | By Jesse Nicholls

    Mid-Staffordshire, Morecambe Bay, Winterbourne View, Southern Health. Sadly the NHS is far from immune from preventable deaths, individual and systemic abuse, and deficient investigations into its own failings. The need for effective systems that will prevent death and serious harm, protective duties that require staff to take operational measures to protect those in their care, and robust, searching investigations into deaths and incidents of mistreatment are needed in healthcare and clinical settings now more than ever.

  • photo for THE LEGAL BASIS OF THE DUTY TO INVESTIGATE (1)

    THE LEGAL BASIS OF THE DUTY TO INVESTIGATE (1)

    May 12 2016 | Conference papers | By Henrietta Hill QC

    The “duty” on the State to conduct an investigation into events of significant public concern or interest is not in fact a single duty, but incorporates some duties, and a wide range of powers, derived from common law, statutory and international law sources, which can often overlap in the same case. This is one of two papers by Henrietta Hill QC and Adam Straw presented as part of PLP's 'By Public Demand: Inquiries, Investigations and the Law confercne in April 2016.

  • photo for THE LEGAL BASIS OF THE DUTY TO INVESTIGATE (2)

    THE LEGAL BASIS OF THE DUTY TO INVESTIGATE (2)

    May 12 2016 | Conference papers | By Adam Straw

    The “duty” on the State to conduct an investigation into events of significant public concern or interest is not in fact a single duty, but incorporates some duties, and a wide range of powers, derived from common law, statutory and international law sources, which can often overlap in the same case. This is one of two papers by Henrietta Hill QC and Adam Straw presented as part of PLP's 'By Public Demand: Inquiries, Investigations and the Law confercne in April 2016.

  • photo for Lions under the Throne

    Lions under the Throne

    December 2 2015 | Research | By Stephen Sedley

    Sir Stephen Sedley and Cambridge University Press (CUP) have allowed us to publish the introduction to Lions under the Throne, Essays on the History of English Public Law. The first part of this chapter sketches the early growth of English public law. The second part tries to describe what it was like to be involved in the modern take-off of public law as it roused itself from its long sleep.

  • photo for Article 14: Discrimination in State Benefit Cases

    Article 14: Discrimination in State Benefit Cases

    November 6 2015 | Conference papers | By Jamie Burton

    There are no enforceable economic, social or cultural rights in the UK. Although the UK has ratified ICESCR it has not been incorporated into domestic law and the ECHR is of course primarily concerned with civil and political rights. Therefore it is generally uncontroversial that there are no rights to state benefits or social security in the UK. The attempts that have been made to infer such rights under ECHR have largely failed.

  • photo for Social Security Salami Slicing: What's Left to Cut?

    Social Security Salami Slicing: What's Left to Cut?

    November 6 2015 | Conference papers | By Mike Spencer

    The current Government was elected on a promise to cut £12 billion from the social security budget. Detailed plans were announced post-election in the July 2015 Summer Budget and legislation has been published in the form of the Welfare Reform and Work Bill (‘the Bill’). This paper considers whether proposals, as currently drafted, are lawful and specifically whether current measures in the Bill comply with domestic and international law.

  • photo for Top Public Law Cases of the Year

    Top Public Law Cases of the Year

    October 22 2015 | Conference papers | By Joanna Ludlam, Naina Patel & Iain Steele,

    The number and diversity of JR cases is now such that a review of the year can only hope to cover a small sample of the Administrative Court’s workload. The selection of cases below (from September 2014 to July 2015) necessarily reflects our personal choice, and no doubt there are many others that could have been included. We have each picked four cases. They are summarised below in chronological order.

  • photo for Future proofing: Running human rights arguments under the common law

    Future proofing: Running human rights arguments under the common law

    October 22 2015 | Conference papers | By Adam Straw

    There have been lots of exciting things going on in the courts recently regarding the constitution and fundamental rights. Michael Fordham QC has delivered an overview of these changes in his earlier talk. This seminar aims to fill in the detail. It outlines the recent changes and argues that there is as yet no certainty that a repeal of the HRA will make no difference. It gives suggestions for what may be done now to try to enhance the protection of fundamental rights by the common law and to safeguard your cases from the potential repeal of the Human Rights Act.

  • photo for Extra-territorial accountability

    Extra-territorial accountability

    July 10 2015 | Conference papers | By Nikolaus Grubeck

    This is the powerpoint accompanying a presentation by Nikolaus Grubeck on extra-territorial accountability. The presentation covered the scope of extra-territorial accountability; issues and degrees of involvement; causes of action; jurisdiction; applicable law; defences and a discussion of practicalities.

  • photo for Private law claims in immigration detention cases

    Private law claims in immigration detention cases

    July 1 2015 | Conference papers | By Alison Pickup, Martha Spurrier & Harriet Wistrich

    This paper covers some of the key issues that arise in private law immigration detention claims, as opposed to public law claims. It is not exhaustive but aims to provide an overview of the points that lawyers bringing civil claims need to be aware of. The session is intended to be discursive and we are happy to deal with any questions or conundrums as we go along, either arising out of the areas covered below, or relating to other issues that come up in immigration detention civil claims.

  • photo for Environmental Damages

    Environmental Damages

    June 26 2015 | Conference papers | By Richard Moules

    This document addresses civil remedies to enforce UK environmental law with emphasis on private law claims (public and private nuisance, Rylands v Fletcher liability and negligence) and damages under the Human Rights Act 1998. It also covers the impact of the Aarhus Convention on procedural issues relevant to private law environmental claims, including costs protection and access to environmental information.



  • photo for The European Charter on Fundamental Rights

    The European Charter on Fundamental Rights

    October 20 2014 | Conference papers | By Hugh Southey QC

    The European Charter on Fundamental Rights is increasingly being relied on in judicial review. However there is some confusion about what it is and when it can be relied upon. This talk / paper will attempt to clarify some of the key issues.

  • photo for A guide to support under Section 17 Children Act 1989

    A guide to support under Section 17 Children Act 1989

    July 31 2014 | Guides | By Clare Jennings, The Public Law Project

    The purpose of this guide is to assist voluntary organisations working with destitute migrant families to identify which families can access support from social services. The guide is intended to help advisers advocate on behalf of their clients and to know when to refer a case to a solicitor. This guide is not intended to be a substitute for specialist legal advice.

  • photo for HRA just satisfaction claims for companies - Audio

    HRA just satisfaction claims for companies - Audio

    May 9 2014 | Audio files | By Adam Straw

    This talk and accompanying paper looks at recent developments in the application of the principle of just satisfaction in a commercial context, including the Infinis case, and other examples of using human rights grounds to obtain substantive commercial results.

  • photo for Privacy and Data Protection: The Legal Framework

    Privacy and Data Protection: The Legal Framework

    April 25 2014 | Conference papers | By Kirsten Sjøvoll

    Obtaining and disclosing information gives rise to a number of potential legal issues. In addition to possible criminal penalties, there are a number of civil causes of action which may be available to those who feel their private or personal information has been unlawfully obtained, stored, or used. This paper discusses these causes of action.

  • photo for Just satisfaction claims for individuals under HRA

    Just satisfaction claims for individuals under HRA

    April 17 2014 | Conference papers | By Tim Eicke QC

    The award of just satisfaction is not an automatic consequence of a finding by the

    European Court of Human Rights that there has been a violation of a right guaranteed by the

    European Convention on Human Rights or its Protocols. This paper sets out the formal and substantive requirements for submitting claims for just satisfaction.

  • photo for Freedom of Information and Information Law Issues

    Freedom of Information and Information Law Issues

    January 20 2014 | Conference papers | By Tim Pitt-Payne QC

    This paper and the associated audio file deals with rights of access to information held by public authorities – especially under the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”);

    It also covers judicial review in information privacy cases about the retention/disclosure of information by public authorities, involving Data Protection Act 1998 (“DPA”) and/or Article 8 of the Convention.

  • photo for Freedom of Information and Information Law Issues

    Freedom of Information and Information Law Issues

    January 20 2014 | Audio files | By Tim Pitt-Payne QC

    This talk and associated paper deals with rights of access to information held by public authorities – especially under the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”); It also covers judicial review in information privacy cases about the retention/disclosure of information by public authorities, involving Data Protection Act 1998 (“DPA”) and/or Article 8 of the Convention.

  • photo for A Year in Judicial Review 2013

    A Year in Judicial Review 2013

    November 8 2013 | Conference papers | By Nathalie Lieven QC

    There are by now so many JR cases, which cover such a broad range of topics that a talk such as this is necessarily nothing more than a personal choice, and cannot hope to be comprehensive. What is set out below is merely a few cases from 2013 which may be of general interest. There will be many others which are relevant to your particular cases and practices.

  • photo for Judicial Review in Education: A case law update

    Judicial Review in Education: A case law update

    July 11 2013 | Conference papers | By Sarah Hannett

    This talk outlines the most interesting judicial review cases in education in the last 12 months. It addresses the following topics: School transport; GCSE examinations; Eligibility for student funding in higher education; Universities; The Office of the Independent Adjudicator; Costs in judicial review claims in the Upper Tribunal.

  • photo for Judicial Review of age assessment decisions in the Upper Tribunal

    Judicial Review of age assessment decisions in the Upper Tribunal

    June 4 2013 | Conference papers | By Alison Pickup

    Transfer of judicial to the Upper Tribunal in immigration cases is currently limited by statute but, since late 2011, all 'fresh claim' judicial reviews have been transferred to the UT, and many judicial reviews of social services' age assessments are also transferred there. This paper looks at the procedure and practical implications of judicial reviews being considered in the Upper Tribunal (IAC) regarding age assessments.

  • photo for The Most Important Tribunal Cases of the Year

    The Most Important Tribunal Cases of the Year

    April 6 2013 | Conference papers | By Tim Buley

    This paper reviews the most important cases of the past year, and considers their impact on case law and implications for future appellants.Review of the most important cases of the past year, consideration of their impact on case law and implications for future appellants.

  • photo for Consultation - the impact of section 149 EA 2010

    Consultation - the impact of section 149 EA 2010

    October 2 2012 | Conference papers | By Ben McCormack

    This paper provides an analysis of Section 149 of the Equality Act 2010, which imposes extensive legal duties on public authorities by requiring them to pay due regard to the need to eliminate discrimination and promote equality with regard to the various 'protected characteristics'. It looks at the impact of Section 149 on the requirement to consult, and the way in which public authority's own financial resources can bear upon the performances of the duty.

  • photo for An update on Social Care Reform

    An update on Social Care Reform

    July 12 2012 | Audio files | By Frances Patterson QC

    Frances Patterson QC, Public Law Commissioner at The Law Commission, gives an update on social care reform at our Public Law and Judicial Review North conference on 12 July 2012.

  • photo for A Year in Judicial Review 2012

    A Year in Judicial Review 2012

    July 12 2012 | Conference papers | By Matt Stanbury and Ben McCormack

    Ben McCormack and Matt Stanbury of Garden Court North Chambers give a round up of the important cases and decisions of the last twelve months. You can follow their paper to fully enjoy Matt and Ben’s clear, informative, accessible and very entertaining talk. Case analysis includes Julian Assange v Swedish Prosecution Authority, costs in judicial review, and the excitingly titled section ‘Judges, politics, and public sector cuts’.

  • photo for Public Law Reform: An Update on Social Care

    Public Law Reform: An Update on Social Care

    July 12 2012 | Conference papers | By Frances Patterson QC

    This paper proves an overview of the government's promise to reform the adult social care law, following the Law Commission's published proposals for reform of legislation governing care and support for older and disabled people, those with mental health problems and carers. It also analyses the government's response to the Law Commission's recommendations and consideration of the future reform of the law.

  • photo for Prison Law Update 2012

    Prison Law Update 2012

    July 4 2012 | Conference papers | By Pete Weatherby QC

    The author provides the latest developments in public law arising from the prison law sphere, including a look at recent case law and emerging trends.

  • photo for Litigating the Cuts: Recent Cases and Current Themes

    Litigating the Cuts: Recent Cases and Current Themes

    April 4 2012 | Conference papers | By Louise Whitfield

    Louise Whitfield pioneered the use of the equalities duties challenge funding decisions and continues to make ground breaking cases for community groups and NGOs, using the Administrative Court. This paper explores the development of this area through the analysis of recent cases.

  • photo for Getting the Measure of Mental Health

    Getting the Measure of Mental Health

    April 4 2012 | Conference papers | By Eve Piffaretti and Alun Thomas

    This paper considers changes made to the legislative arrangement in respect of the rights of people with mental health problems in Wales by the Mental Health (Wales) Measure 2010 and how those rights can be enforced. The authors analyse how the Measure was drafted, its implementation via associated Regulations and what the likely impact will be.

  • photo for Access to Justice for NGOs and Charities

    Access to Justice for NGOs and Charities

    October 13 2011 | Conference papers | By Nicholas Hildyard and Ben Jaffey

    Judicial review for NGOs, charities and their lawyers: When should NGOs and charities bring claims? What kinds of claims are most likely to succeed? How can claims be funded? How can NGOs or charities minimise the costs risk of losing and get a Protective Costs Order? How does the Aarhus Convention help access to justice in environmental cases?



  • photo for Court of Protection: An Update

    Court of Protection: An Update

    October 13 2011 | Conference papers | By Nick Armstrong and Alex Rook

    This paper looks at case law developing in the Court of Protection, including the Court's welfare jurisdiction and the difference between restriction of freedom and deprivation of liberty.

  • photo for International Law in Domestic Practice: Some Practical Pointers

    International Law in Domestic Practice: Some Practical Pointers

    July 14 2011 | Conference papers | By Pete Weatherby QC

    The paper provides considerations on the international law and comparative law, and when it is relevant to apply them in practice in the UK, including incorporation of international treaties and customary international law into domestic law and the direct applicability of the EU Treaty.

  • photo for Community Care Law - Current Developments

    Community Care Law - Current Developments

    July 14 2011 | Conference papers | By Simon Garlick

    This paper provides updates on: the impact of Personalisation on Community Care assessment and provision; the reform of Adult Social Care law; the provision of NHS Continuing Healthcare to individuals living in the community.

  • photo for Court of Protection: Update

    Court of Protection: Update

    July 12 2011 | Conference papers | By Mathieu Culverhouse

    This paper looks into recent developments in the Court of Protection, the Court's welfare jurisdiction and the developing case law on deprivation of liberty.

  • photo for Judicial review: Disclosure and Evidence

    Judicial review: Disclosure and Evidence

    July 11 2011 | Conference papers | By Kate Stone

    This paper looks at the procedural developments in human rights-based claims in judicial review, with special focus on disclosure, public interest immunity and the cope for calling evidence following landmark cases such as R (Al-Sweady and others) v Secretary of State for Defence [2009] EWHC 2387, where the Administrative Court indicated that it should not be reluctant to order disclosure or permit live evidence and cross-examination in appropriate judicial review cases.

  • photo for Common Law Rights

    Common Law Rights

    October 18 2010 | Conference papers | By Michael Fordham QC

    This paper analyses the 'principle of legality' and 'anxious scrutiny' and their role in securing the protection of constitutional rights since the enactment of the HRA.

  • photo for The Impact of the Human Rights Act 1998 on Judicial Review

    The Impact of the Human Rights Act 1998 on Judicial Review

    June 15 2003 | Research | By Varda Bondy and Lee Bridges

    This empirical research study drew much from the methodologies and experience acquired in the course of the previous studies, and built on the important links established by PLP with the Administrative Court, academics and practitioners.