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December 2016

The High Court of England and Wales rules that Parliamentary consent is necessary to withdraw from EU

R (on the application of Gina Miller and Ors) v The Secretary of State for Exiting the European Union [2016] EWHC 2768
 
The High Court held that the Secretary of State did not have power under the Royal Prerogative to give notice under Article 50 and thereby commence the process under which the UK would leave the European Union.
 

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Other Public Interest Cases

Unlawful to discriminate against offenders who are labelled foreign nationals because their parents did not marry

R (o.t.a. Johnson) v Secretary of State for the Home Department [2016] UKSC 56

The Supreme Court ruled that there was no justification for deporting someone who had committed a series of serious offences on the basis that he was a foreign national simply because his parents had never married. 

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Criminal Law, Deportation

Judge rules that fourteen-year old may be cryonically preserved after death

JS (Disposal of Body) Re [2016] EWCH

The High Court ruled on the 10th November 2016 that a fourteen year-old cancer patient may be cryonically preserved after her death, in accordance with her wishes.

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Medical Law

BBC found not to have made defamatory comments against extremist speaker

Shakeel Begg v BBC [2016] EWHC 2688

The High Court held that comments made by a BBC presenter were not defamatory.  The allegations that the claimant was an extremist speaker who promoted jihad were found to be substantially true.

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Dafamation

Prison authorities must reconsider their refusal to grant inmate’s request for a laptop

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Prisoners' Rights

High Court rules that the right of a claimant to name her abusers prevails over her abusers’ right to private and family life

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Disclosure, ECHR Art. 8

European Court of Human Rights held that there is a right to access to information to allow individual to exercise right to freedom of expression

Magyar Helsinki Bizottsag v Hungary (application no. 18030/11)

On the 8th November 2016, the European Court of Human Rights held that there is a right to public access to information where access to the information is instrumental to the individual’s exercise of their right to freedom of expression.
 

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Disclosure