Tag: Ullah Principle
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Lewis Graham: Hallam v Secretary of State: Under What Circumstances Can the Supreme Court Depart from Strasbourg Authority?
The Supreme Court recently handed down its decision in R (Hallam) v Secretary of State for Justice [2019] UKSC 2. It is an important and complex judgment, featuring seven separate judicial opinions and running to over 200 paragraphs. The central question was whether certain provisions of UK law concerning compensation for miscarriages of justice were…
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Anurag Deb: Re McLaughlin: Normalising the Departure from Strasbourg?
30 August 2018 marked the end of a long journey for Siobhan McLaughlin: on 28 January 2014 her partner of 23 years John Adams passed away and she took on sole responsibility for their four children. Since then, she has fought to be granted financial assistance from the State, which is reserved for individuals who…
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Roger Masterman: The Mirror Crack’d
Until recently, the Ullah principle – that in giving effect to the Convention rights under the HRA the ‘duty of national courts is to keep pace with the Strasbourg jurisprudence as it evolves over time: no more, but certainly no less’ (at [20]) – was something of a mantra for certain members of the senior…