"I have never welcomed the weakening of family ties by politics or pressure" - Nelson Mandela.
"He who travels for love finds a thousand miles no longer than one" - Japanese proverb.
"Everyone has the right to respect for his private and family life, his home and his correspondence." - Article 8 of the European Convention on Human Rights.
"When people's love is divided by law, it is the law that needs to change". -
David Cameron.

Tuesday, 2 May 2017

ADR and MM

The below has been adapted from BritCits' newsletter:


ADR
So the Adult Dependant Relatives hearing - our legal challenge of the rules which have been deemed even by parliamentarians as a 'ban masquerading as a rule' is to be heard at the Court of Appeal this week, Wednesday and Thursday.  All are welcome to attend - really and truly, the more the merrier.  Court of Appeal is part of the Royal Courts of Justice, Strand (London).

The arguments are likely to be from 11-1, and then 2-4.  The hearing may start as early as 10am though, but is unlikely to finish much later than 4.  After each day of the hearing, there will be a congregation in Knight's Templar on Chancery Lane, for those who wish to discuss how the day has unfolded.

This comes at a fitting time since just this weekend I had a revelation that a huge percentage of the people I love are, well, old.  Makes this whole ADR hearing so important, as these rules are most detrimental to people at a time of vulnerability not seen since their childhood.

We are still fundraising to cover the costs of this hearing - donations welcome here.

MM
On the day of the judgment, one of the lawyers told us that the Home Office had 56 days to submit the proposals to address what the Supreme Court had deemed unlawful.  That period came and went, and yet, nothing.  I came across a document which suggested that changes might be delayed the other side of the election - frankly, bonkers I thought, as the Supreme Court had spoken and politics should not get in the way.

So I checked with, well, the Supremes.  The message is that as per paragraph 110 of Lady Hale's judgment, the Home Secretary was directed to submit 'how she proposes to amend the instructions or other guidance to accord with the law...'. 

Home Office has now made its submissions, but not all of the appellants have yet filed their submissions on the HO's proposals.  Once that is done - it may be that the Home Secretary wants to reply to the appellant's submissions too - the papers will go to the Justices, for their decision.

It does appear to be a long drawn out process, but I'm told this kind of back and forth is the norm in post-judgment submissions.
There  is also the possibility of a further hearing on the issue, as Lady Hale also indicated in her judgment - making comprehensive and considered submissions even more important.

So there we have it - and lest you think we can have a newsletter without mention of our favourite politician, see this piece highlighting the legacy left by our current PM in her previous role.  I do have a lot to say on TM's deluded view of how the EU and Brexit, but will leave that for another time, along with the updated guidance I had mentioned in the previous communication.

Until then folks, I wish you a pleasant week, with lots of fingers and toes crossed for families playing the David to Home Office's Goliath at the Court of Appeal.


1 comment:

  1. Hi Sonel

    Has there been any news from the court about the ADR case?

    Pardeep

    ReplyDelete