Category Archives: Law

Who pays for Suez blockage? Ever Given grounding could spark years of litigation

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Ship likely to be centre of protracted legal battle over what caused it to run aground in the Suez and who is to blame

After hauling its 220,000-ton bulk down the Suez canal a week after blocking the essential waterway, the Ever Given container ship is likely to become the centre of a protracted battle over who will pay for its rescue.

The 400-metre-long vessel was aground on the banks of the Suez canal for a week, causing an estimated £7bn loss each day in trade owing to ships stuck on either side, and up to £10.9m a day for the canal. “We managed to refloat the ship in record time. If such a crisis had occurred anywhere else in the world, it would have taken three months to be solved,” said Osama Rabie, the head of the Suez Canal Authority (SCA).

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Is pornography to blame for rise in ‘rape culture’?

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Analysis: experts split on whether easy access to porn has fuelled sexual harassment, abuse and assault among young people

The harrowing reports of sexism and assaults in schools detailed on the everyonesinvited.uk website has fuelled concerns of a “rape culture” in educational settings.

The disclosures have raised concerns that easy access to pornography is part of the problem.

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Watchdog steps in over secrecy about UK women in Syria stripped of citizenship

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Exclusive: Home Office refusal to disclose how many women are in same position as Shamima Begum prompts action

The Home Office’s refusal to disclose the number of women who, like Shamima Begum, have been deprived of their British citizenship after travelling to join Islamic State is under investigation by the information commissioner.

The watchdog said it would step in after the government refused to share the data with a human rights group concerned about the conditions of British women and children detained in camps in north-east Syria, where conditions are dire.

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‘We’re treated as children,’ Qatari women tell rights group

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Gulf state’s male guardian rules deny women right to wed, travel, work or to make decisions about their children, report says

Women in Qatar are living under a system of “deep discrimination” – dependent on men for permission to marry, travel, pursue higher education or make decisions about their own children, according to a new report.

Opaque rules on male guardianship leave women without basic freedoms, according to Human Rights Watch (HRW), which has analysed for the first time the way the system works in practice.

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The UK professor, a fake Russian spy and the undercover Syria sting

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Ex-Observer journalist tells of role in trap to expose disinformation tactics of defenders of the Assad regime

A more sceptical academic than Paul McKeigue might perhaps have wondered if the emails flooding into his inbox from “Ivan”, a purported Russian spy, were too good to be true.

Ivan appeared to share many of McKeigue’s own personal obsessions, particularly his desire to discredit investigators who compile evidence of war crimes committed in Syria. And he claimed access to both ready cash and secret intelligence.

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The attorney general v the ABC

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Christian Porter is suing the ABC for defamation over an article reporting that an anonymous senior cabinet minister had been accused of rape in 1988. Porter later identified himself as the minister in question and strenuously denied the allegation. Paul Karp explores how this case could play out, and whether Porter can continue to do his job while fighting to clear his name

The crisis support and suicide prevention service Lifeline can contacted on 13 11 14. Support for sexual assault is available at 1800RESPECT.

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De Klerk seeks accountability. What about his own?

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Apartheid-era South African president calls for justice for female victims of violence in Guardian article but some say his own record needs scrutiny

South Africans don’t give much thought to FW de Klerk these days. Like Mikhail Gorbachev, his fellow Nobel peace laureate, the last apartheid president is more highly regarded outside his own country than in it.

But some South Africans were taken aback to see De Klerk putting himself forward in a Guardian article on 10 March as an advocate of protecting women from violence and asserting that “holding perpetrators accountable, irrespective of how long ago the crime was committed, is essential to stamping out impunity and preventing future atrocities”.

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13 protesters arrested at march against Covid lockdown in London

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Thousands of demonstrators gather in Hyde Park for Piers Corbyn as police urge crowd to disperse

Thousands marched under a heavy police presence through central London in protest against lockdown on Saturday, with at least 13 arrested.

Demonstrators gathered at Speakers’ Corner by Hyde Park at about midday, where anti-lockdown figurehead Piers Corbyn gave a speech saying he would “never take a vaccine” and falsely claiming that the scale of deaths from Covid was not dissimilar to those from flu each year.

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Dominic Raab ‘totally misunderstands’ Northern Ireland Brexit terms, warns EU

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European vice-president Maroš Šefčovič says claim about Brussels trying to erect barrier down Irish Sea undermines UK’s reputation

Britain’s foreign secretary, Dominic Raab, has been accused by Brussels of displaying a “total misunderstanding” of the Brexit deal after claiming the EU was trying to erect a barrier between Northern Ireland and Great Britain.

Maroš Šefčovič, the European commission’s vice-president, said Raab’s comments raised major questions, and warned that Britain was tarnishing its global reputation by ignoring the terms of its agreements with Brussels.

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French MPs approve ‘non-consent’ law to protect children from sexual abuse

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Draft legislation says a child under 15 cannot be considered to have willingly engaged in a sexual act

French MPs have unanimously approved a long-awaited draft law to protect children from rape and sexual abuse.

The legislation, drawn up after a series of scandals involving high-profile figures, establishes an age of “non-consent” at 15 under which a child cannot be considered to have willingly engaged in a sexual act. In cases of incest, the age has been set at 18.

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FBI facing allegation that its 2018 background check of Brett Kavanaugh was ‘fake’

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A Democratic senator has asked attorney general Merrick Garland to facilitate ‘proper oversight’ into concerns on the investigation

The FBI is facing new scrutiny for its 2018 background check of Brett Kavanaugh, the supreme court justice, after a lawmaker suggested that the investigation may have been “fake”.

Sheldon Whitehouse, a Democratic senator and former prosecutor who serves on the judiciary committee, is calling on the newly-confirmed attorney general, Merrick Garland, to help facilitate “proper oversight” by the Senate into questions about how thoroughly the FBI investigated Kavanaugh during his confirmation hearing.

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Endemic violence against women is causing a wave of anger

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Analysis: Sarah Everard’s disappearance sparks furious demands to address misogyny in UK

Women feared this was coming. They waited, messaging each other in WhatsApp groups and on social media. They talked about their own attempts to stay safe, discussed their near misses.

When the news came on Wednesday evening – that police investigating the disappearance of Sarah Everard had found the remains of a body – a wave of grief crashed over them, followed quickly by anger.

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Bangladesh shipbreakers win right to sue UK owners in landmark ruling

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Appeal court clears wife to sue company in London over husband’s death while helping to scrap tanker in Chittagong

British shipping companies that sell old vessels to be scrapped cheaply in dangerous, low-paid conditions in Bangladesh, India or Pakistan may now be sued in London for workers’ deaths or injuries.

In the first ruling of its kind by any higher court anywhere in the world, the court of appeal of England and Wales has held that a shipping company in London selling a vessel in south Asia could owe a legal “duty of care” to shipbreaking workers in Bangladesh even where there are multiple third parties involved in the transaction.

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EU parliament strips Carles Puigdemont and two other Catalans of immunity

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Spain seeking extradition related to separatists’ role in organising 2017 independence referendum

The European parliament has voted to lift the immunity of the former Catalan president Carles Puigdemont and two of his ministers, taking them a step closer to extradition and prosecution in Spain.

MEPs voted by 400 to 248 with 45 abstentions in the case of Puigdemont and 404 to 247 with 42 abstentions regarding Antoni Comín and Clara Ponsatí, respectively the former health and education ministers in Puigdemont’s government.

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UK failed to inform EU countries about almost 200 killers and rapists

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Exclusive: total of 112,490 criminal convictions not sent to relevant EU capitals over eight-year period

The conviction of 109 killers, 81 rapists and a man found guilty of both crimes in UK courts was not passed on to the criminals’ home EU countries due to a massive computer failure and subsequent cover-up, the Guardian can reveal.

The most serious cases are among a total of 112,490 criminal convictions not sent to the relevant EU capitals over an eight-year period due to a catastrophic computer error, which some fear has put lives at risk.

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Judge Judy: ‘Are my feelings PC and kumbaya? No. They are realistic’

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Her TV show has been No 1 in the US since 1998, but many have criticised her approach to justice. As she hangs up her gavel after 25 years, she discusses wealth, success and repentance

Order, order. Court is in session, Judge Judith Sheindlin presiding, and while you are here you will follow her rules.

Don’t throw paper on the floor. Hang on to your gum wrapper until you get to a bin. Don’t befoul your community. Try not to scratch other people’s cars and, if you do, leave your details on the windscreen. Don’t tell lies. Confront your problems and try to solve them.

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Shamima Begum court decision brings shame on UK | Letters

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Readers respond to the supreme court decision that Begum will not have her citizenship restored

Every day it seems the Guardian serves up another reason for being ashamed to be British. On Friday, it was the case of Shamima Begum (Shamima Begum loses fight to restore UK citizenship after supreme court ruling, 26 February). It makes it particularly difficult that I’m tutoring someone who is hoping to take an A-level in British politics. All the books list human rights and explain how carefully protected they are in our system. Article 5 is supposed to protect the right to liberty and freedom from arbitrary detention. Yet the supreme court is unable to protect Begum’s rights against a home secretary who is operating a policy based on pandering to public opinion in return for (hoped-for) votes.

We are told that legal protections are particularly important in difficult cases – that is, cases where an individual presents as unpleasant or undeserving. Begum was a teenager who took the extraordinary step of leaving her country to defend something she believed was deserving of her support. But even if she left with the firm intention of terrorising her fellow citizens, does this mean she should be deprived of her rights? It is a matter not of what Begum deserves but of what our national honour, and our constitution, deserve. This has been increasingly in doubt in recent years, with the government threatening to renege over the Northern Irish border agreement; not to mention the Chagos Islands and our participation in rendering citizens to be tortured during the “war on terror”.
Jeremy Cushing
Exeter

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More than 50,000 people call for inquiry into use of Queen’s consent

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Tens of thousands sign petition to investigate mechanism that allows Queen to vet draft laws

More than 50,000 people have called for a parliamentary investigation into an “unfathomable” mechanism that allows the Queen to vet draft laws before they are approved by the UK’s elected representatives.

They have signed a petition supporting an urgent investigation by a House of Commons committee as they are concerned that the “royal family has a worrying and undemocratic ability to influence the government behind closed doors”.

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Yazidis have been forgotten during Covid. They need justice, jobs and a return home | Nadia Murad

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Survivors of Islamic State brutality are pushed further into the margins as the pandemic causes the world to turn inward

Staring at the same four walls day after day, unable to find work, reunite with relatives, or send your children to school. The Covid pandemic has rendered this bleak picture a reality for many people across the globe. Yet for many who have survived or are living through conflict, these hardships are hardly novel.

For the Yazidi ethnic minority in Iraq, Islamic State’s 2014 genocide created adversity long before the pandemic ever did. For more than six years, hundreds of thousands of Yazidis have been in camps for internally displaced people (IDP) staring at the same four walls of their tents. They are unable to find work because Isis razed their farms and businesses. They cannot reunite with relatives still in Isis captivity or attend the burials of family members whose bodies remain in mass graves.

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