Human Rights – Law Journals

Human rights: Campus clash – harassment or free speech?

James Murray examines the interaction between the harassment provisions of the Equality Act and the law protecting academic free expression The European Court of Human Rights has recognised that academic free expression comprises the freedom for academics to express themselves openly about the institution or system in which they work without restriction In the past …

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Goodrich & ors v AB & ors [2022] WTLR 525

Wills & Trusts Law Reports | Summer 2022 #187

W was the founder of WBL, an internationally renowned publisher of children’s books. In 1989 W instructed solicitors to create an employee trust (WBET) for WBL and transferred 51% of the WBL shares into WBET. The remainder of the shares were divided amongst family trusts established by W.

W died in 1991 and the shares in WBL held by the family trusts were distributed to employees and officers of WBL through a qualifying employee share ownership trust and a share incentive plan. Some of those shares were acquired from employees by the WBL Employee Share Ownership Plan (ESOP).

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Banks v Commissioners for HMRC [2021] WTLR 1193

Wills & Trusts Law Reports | Winter 2021 #185

Between 7 October 2014 and 31 March 2015, the appellant (T) made 14 political donations to the United Kingdom Independence Party (UKIP) and its youth wing known as Young Independence. The donations had a total value of £976,781.38. Some were made in T’s personal capacity, others through a company of which T was indirectly sole beneficial owner.

UKIP was a limited company registered as a political party. In the 2014 European Parliamentary Election, UKIP won 24 seats and 26.6% of the UK popular vote, making it the most successful UK party on both measures. However it was less succes...

Human rights: Flesh and blood

Andrew Powell and Linzi Bull examine the weight to be given to sibling relationships in public law proceedings The Supreme Court noted there was a clear distinction between the rights of those family members, such as parents, who are directly involved with the upbringing of the subject child, and siblings who do not play a …

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Human rights: Claims against the police post Robinson and DSD – part two

In the second part of a two-part analysis, John-Paul Swoboda outlines the decision in Commissioner of Police of the Metropolis v DSD and looks at the wider impact on claims against the police ‘The case for the claimants was that as the state has a duty under Art 3 to conduct an effective investigation into …

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Human rights: How to tackle modern slavery in the supply chain

With the government and businesses under pressure to do more to combat modern slavery, Will Winch, Nina O’Sullivan and Dana Kamranova look at how employers can take effective action to stamp out labour exploitation ‘The government wants businesses of all sizes to be transparent about their recruitment practices, policies and procedures in relation to modern …

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Human Rights: A changing tide

Suzanne Todd and Laura Kearns consider the implications of the European Court of Human Rights’ decision in Oliari v Italy ‘In circumstances where an important facet of an individual’s existence or identity is at stake, the European Court of Human Rights (ECtHR) can restrict the margin of appreciation granted to the member state.’The decision of …

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Human Rights: The limits of striking out powers

In part two of his article Steven Akerman continues his assessment of section 57’s incompatibility with human rights ‘It seems abundantly clear that the current state of the court’s opinion is that a claim will only be forfeited if the whole claim is tainted to the point that a finding at trial would be unsafe …

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Human Rights: Section 57? Incompatible… as decided by the Supreme Court

Steven Akerman examines the conflict between the new striking out powers and the Human Rights Act, in part one of this article he looks at the legislation ‘There is already authoritative UK case law that has determined that the legislation is not compatible with the said human rights provisions.’ The full effect of the Jackson …

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The Human Dignity Trust v The Charity Commission For England and Wales CA/2013/0013

Wills & Trusts Law Reports | June 2015 #150

The Human Dignity Trust (HDT) is a company limited by guarantee, incorporated on 16 December 2010. It was established to support people whose human rights were violated by the criminalisation of private, adult, consensual homosexual conduct, including by assisting them and their lawyers to bring litigation in domestic courts and tribunals, or against a state before international courts and tribunals. Its objects were to promote and protect human rights throughout the world, including the rights to human dignity and to be free from cruel, inhuman or degrading treatment or punishment, the ...