Bensaid v the United Kingdom [2001] ECHR 82

Another week, and yes, another seminal case! This week we are looking at Bensaid, in which it was accepted that a case where there was a real risk the applicant would ‘relapse into hallucinations and psychotic delusions involving self-harm’ could in principle fall within the scope of Article 3 (at para 37). For more info … Continue reading Bensaid v the United Kingdom [2001] ECHR 82

AM (Zimbabwe) (Appellant) v Secretary of State for the Home Department (Respondent) [2020] UKSC 17

This week, I am talking about mental health, and starting with a recent case that made all the difference - AM Zimbabwe. Previous mental health cases had found that individuals had to be at risk of imminent death at the point of the proposed removal to a third country in order to successfully resist removal. … Continue reading AM (Zimbabwe) (Appellant) v Secretary of State for the Home Department (Respondent) [2020] UKSC 17

R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46

In 2020 the Supreme Court gave judgment on the question of the standard of proof to be applied at an inquest where the death might have been caused by suicide or unlawful killing. Traditionally, in order to be satisfied that either conclusion should be returned the criminal standard of proof was required. However, that all … Continue reading R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46

R (Friends of the Earth et al) v Heathrow Airport Ltd [2020] UKSC 52

Last year the Supreme Court reversed a decision of the Court of Appeal and held that the Government policy on airport expansion at Heathrow was not unlawful on climate change grounds. The policy decision under challenge was an Airports National Policy Statement (ANPS) made in 2018, which set out the decision-making framework within which further … Continue reading R (Friends of the Earth et al) v Heathrow Airport Ltd [2020] UKSC 52

Whittington Hospital NHS Trust v XX [2020] UKSC 14

On the same day as the decisions in Barclays and Morrisons, the Supreme Court also held that a defendant hospital trust liable in damages for clinical negligence must pay for the cost of a commercial surrogacy arrangement abroad despite such arrangements being unlawful in the UK. As a result of admitted negligence, the claimant developed avoidable cervical cancer. … Continue reading Whittington Hospital NHS Trust v XX [2020] UKSC 14

Elgizouli v Secretary of State for the Home Department [2020] UKSC 10

As our avid readers would know, we have a real interest in Home Office and immigration cases. This case refers to terrorists in Syria... Shafee El Sheikh is alleged to have been part of a British group of ISIL terrorists (the so-called “Beatles”), suspected of murdering British and American citizens in Syria. El Sheikh and … Continue reading Elgizouli v Secretary of State for the Home Department [2020] UKSC 10

R (Miller) v The College of Policing & The Chief Constable of Humberside [2020] EWHC 225 (Admin)

So this case is an interesting one, as I actually had the pleasure of sitting in on this case last year and it was a very juicy one. In February 2020, the Administrative Court considered the case of a claimant who tweets extensively on the issue of trans rights. Although he describes himself as “gender … Continue reading R (Miller) v The College of Policing & The Chief Constable of Humberside [2020] EWHC 225 (Admin)