08:30

Registration and Coffee

09:30

Chair’s welcome and opening comments

09:35

Charters, Conventions, Acts and Bills

11:00

Morning Break

11:30

MORNING BREAKOUT OPTIONS

1. Developments in immigration and asylum law

  • Overview of the 2014 Act
  • Lawfulness of the financial requirements. The MM (Lebanon) cases – overview and update
  • Meeting the financial requirements. Evidential flexibility – the Sultana case
  • Article 8 outside the rules  SS (Congo) – overview and update
  • Article 8 in deportation cases. Removal prior to appeal – the recent CA cases
  • An overview of the recent Detained Fast Track litigation: Detention Action v SSHD; Detention Action v FTT; the ‘Helen Bamber’ cases
  • The response of the Home Office and the FTT to the developments in the courts
  • The use of detention powers pending decisions in asylum cases at present
  • The scope for fresh asylum applications and claims for damages for false imprisonment by those whose cases were previously considered in the DFT
  • The position of those whose were removed

Vulnerable groups, procedural points:

  • Trafficking update strictly limited to immigration
  • Section 55/UNCRC/best interests/tracing update
  • Procedural elements, such as TN and MA.

2. Legal update for the rights of children

‘Is the current legal framework fit for the purpose of protecting children’s rights?’

  • The key duty in section 17 of the Children Act 1989 and the problem with the restrictive interpretation of the duty by the majority of the House of Lords in R (G) v Barnet
  • The impact of section 11 of the Children Act 2004, as interpreted by the Supreme Court in Nzolameso
  • The role of section 20 of the Children Act 1989 in protecting homeless children, per the Supreme Court in R (G) v Southwark
  • How the Chronically Sick and Disabled Persons Act 1970 impacts on disabled children
  • The developing jurisprudence giving legal force to Article 3 of the UNCRC (and Article 7 UNCRPD) re children’s best interests – see SG (benefit cap case) and Mathieson

3. Where are we with Equality?

13:00

Lunch Break

14:00

AFTERNOON BREAKOUT OPTIONS

4. Trafficking, forced labour, and modern-day slavery

  • Overview of modern slavery act and general concerns
  • The duty to identify victims
  • Challenges to failures to identify including judicial reviews of NRM decisions/ Article 4 damages claims and unlawful detention claims
  • The Modern Slavery Act 2015
    • The new criminal offences – what difference will they make?
    • The Statutory Defence for victims of trafficking – How will it apply? Does it go far enough?
  • Transparency in Supply Chains under the Modern Slavery Act 2015
  • Current case law on corporate accountability for trafficking and slavery

5. Criminal Law Update

  • Assisted suicide – Nicklinson v UK and the private members bill
  • Art 3 criminal investigative duties – DSD v Met Comm CA
  • Massey UKSC post tariff detention and Art 5
  • Suspicion-less stop and search powers: Beghal UKSC, Miranda CA, Malik v UK ECtHR, Roberts UKSC
  • Public activity, including suspected criminality – privacy rights: Catt UKSC, JR38 UKSC
  • Open justice in criminal cases: Wang Yam UKSC, Incedal CA
  • Compensation for miscarriages of justice: Nealon & Hallam DC
  • The ‘final word’ on hearsay plus Hutchinson v UK

6. Extra-territorial jurisdiction

  • The extraterritorial reach of the EHCR
  • The extraterritorial reach of the Human Rights Act
  • The applicability of human rights law during armed conflict
  • The interplay between human rights law and international humanitarian law
  • The derogation regime in these circumstances
  • Lisa Busch Barrister, Landmark Chambers
  • John Swords Head of Operational and International Humanitarian Law Team, MOD Central Legal Services, Government Legal Department
  • Dr Daragh Murray Director Human Rights Centre Clinic, School of Law, University of Essex

15:30

Afternoon Break

15:45

Surveillance, privacy, freedom of speech, and national security

17:15

End of Conference