All Articles: Article 4

Court of Appeal explains protection duty after Home Office loses trafficked child

In R (TDT, by his litigation friend Tara Topteagarden) v Secretary of State for the Home Department [2018] EWCA Civ 1395 the Court of Appeal considered the threshold at which the duty to protect trafficked persons under article 4 of the European Conve ...

20th June 2018 By

Court of Appeal refuses to put burden of proof on slavery victims in criminal trials

MK and Gega v R [2018] EWCA Crim 667 is about who should face the burden of proof when a criminal defendant relies on the new “victim of slavery/trafficking” defence in the Modern Slavery Act 2015. In the first appellate judgment on this issue, th ...

9th April 2018 By

Strasbourg rules on state obligations towards trafficked persons

Chowdury and Others v Greece (Application number 21884/15 – the judgment is only available in French. An English-language press summary is available.) The European Court of Human Rights has found that strawberry-pickers in Greece were subjected to f ...

2nd May 2017 By

Quick Reads

14th August 2018
Home Office rebuked for failing to protect trafficking victim
28th March 2018
Tribunal slapped down on power to review trafficking decisions
4th August 2016
Refusal to investigate trafficking claim did not breach ECHR
26th April 2016
Important guidance case for trafficking litigation