Abstract. This article explores Domestic Abuse (DA) law in England and Wales and attempts to redefine it to respond to the nascent issue of tech-facilitated abuse, with a particular focus on online abuse taking place in the context of Long-Distance Intimate Relationships (LDIRs). Firstly, we need to address the following two questions: ‘what makes violence, domestic […]
On November 15, 2023, the Supreme Court of the United Kingdom (UKSC) held that the ‘Rwanda policy’ – the Secretary of State’s policy of redirecting people claiming asylum in the United Kingdom to Rwanda – was unlawful. An important factor in this decision was the finding that there was a real and substantial risk of
Introduction In Dance v Barts Health NHS Trust (Dance), Archie Battersbee, a 12-year-old boy, suffered from a catastrophic hypoxic-ischaemic brain injury and was kept alive only by mechanical ventilation.1 Accordingly, the High Court concluded that Archie had ‘no prospect of meaningful recovery’ and authorised the withdrawal of continued ventilation on the basis that it was not in his
Introduction Securing the payment of taxes is an essential prerogative of the legislature. Adding to this, the incentive to tackle tax avoidance schemes provides the legislature an opportunity to enact Acts of Parliament that endow His Majesty’s Revenue and Customs (‘HMRC’) with unprecedented powers.1 One such example is the Finance Act 2014 (‘FA 2014’), which
Abstract Questions have been raised over the compatibility of national restrictions imposed due to the COVID-19 pandemic with Contracting States’ obligations under the European Convention on Human Rights (‘ECHR’). Yet, the public emergency caused by the pandemic also means that the ECHR is likely to afford states a margin of appreciation when deciding on the
Introduction The Government has been promising to change the system of judicial review for a considerable amount of time.1 In July 2021, it introduced the Judicial Review and Courts Bill2 which, at the time of writing, is going through the Second Reading in the House of Commons. Although very delicate and sensitive language was used in Consultation
Judicial Review Reform: The Move from Constitutional Democracy to Elective Dictatorship Read More »
Introduction In Elgizouli v Secretary of State for the Home Department, the Supreme Court considered whether it was unlawful for the Secretary of State to authorise mutual legal assistance (“MLA”) to the United States in order to assist a criminal investigation which could lead to the imposition of the death penalty on a suspected British terrorist.1 This
INTRODUCTION Western countries take pride in their orderly constitutional systems which reflect their aspirations to respect human rights and the rule of law (“RoL”). However, when considering the actual meaning and intended genuine effect of the RoL, the concept actually generates more confusion than its inconclusive terminology suggests. Situating the concept of the RoL in
Rethinking the concept of the Rule of Law in Modern Britain Read More »
I. Introduction Scientific research suggests that the implementation of artificial wombs for human fetuses (ectogenesis) is foreseeable within the next few decades,1 having already been used successfully for lamb fetuses.2 However, the current law is ill-equipped to deal with the conflict of rights which will ensue. Ectogenesis will reshape pre-natal viability and procedures, decreasing the mortality rate
It is safe to say that the claimants in Fearn v Tate Gallery1, owners of multi-million pound, highly exclusive London flats, are not among the neediest of those who have applied to human rights law for help. However, the decision of Mann J in the High Court,2 while focusing primarily on the tort of nuisance, did raise
‘Keep the Powder Dry’: The Court of Appeal in Fearn v Tate Gallery Read More »
