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 Public law is a very fast-moving area and some of the information will be out of date or overtaken by events.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"
November 22 2017 | Conference papers
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.
November 22 2017 | Audio files
This session is a discussion of the latest case law on the use that can be made of Parliamentary materials in litigation.
November 21 2017 | Case notes
Extensive note and judgment on [RLG] R(AT and ors) v SSHD. This judicial review in the Administrative Court concerns the unlawful removal of the Claimant AT following the unlawful refusal by the Secretary of State for the Home Department (SSHD) to accept his article 8 further submissions as a fresh claim.
January 5 2017 | Conference papers
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.
December 9 2016 | Conference papers
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.
December 8 2016 | Conference papers
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
December 8 2016 | Conference papers
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.
November 24 2016 | Guides
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
November 18 2016 | Audio files
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’.
November 17 2016 | Conference papers
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.