Archive for the 'human rights' Category

How to create a privacy law – The Guardian

“If we want a law of privacy, what should happen next? There are four possibilities.”

Full story

The Guardian, 5th May 2011

Source: www.guardian.co.uk

British courts regain power to deport terrorist suspects – Daily Telegraph

“British courts yesterday won back the power to deport terrorist suspects, criminals and failed asylum seekers after European judges were told to stop interfering.”

Full story

Daily Telegraph, 27th April 2011

Source: www.telegraph.co.uk

Privacy law: what’s the way ahead? – The Guardian

“David Cameron says he is ‘uneasy’ about the development of a privacy law by judges based on the European Convention. How can we balance the right to publication with the right to privacy?”

Full story

The Guardian, 26th April 2011

Source: www.guardian.co.uk

Justice Secretary warning over ECHR judgments – The Independent

“The European Court of Human Rights (ECHR) has been ‘rather too ready to substitute its own judgment for that of national courts’, the Justice Secretary said today.”

Full story

The Independent, 26th April 2011

Source: www.independent.co.uk

Privacy law should be made by MPs, not judges, says David Cameron – The Guardian

“The prime minister has waded into the debate on the use of superinjunctions by the rich and famous to avoid allegations of scandal, declaring that parliament and not the courts should decide where the right to privacy begins.”

Full story

The Guardian, 21st April 2011

Source: www.guardian.co.uk

ETK v News Group Newspapers Ltd – WLR Daily

ETK v News Group Newspapers Ltd[2011] EWCA Civ 439; [2011] WLR (D) 141

“The principles applicable to the grant of an interim injunction restraining publication of private information were well established, but in appropriate cases the court’s approach was to be tempered by a clearer acknowledgment of the importance of the best interests of children.”

WLR Daily, 19th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs – WLR Daily

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs [2011] EWCA Civ 350;  [2011] WLR (D)  135

“The determination of a claim for judicial review challenging decisions whereby the claimants were placed, as persons believed to be associated with terrorism, on a list the effect of which was that their assets were frozen and release of any funds was placed in the discretion of the state, would not involve the determination of the claimants’ ‘civil rights’ for the purposes of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Kettling of G20 protesters by police was illegal, high court rules – The Guardian

“The high court has ruled that the Metropolitan police broke the law in the way they ‘kettled’ protesters at the G20 demonstrations in 2009.”

Full story

The Guardian, 14th April 2011

Source: www.guardian.co.uk

Prisoners’ voting rights: government loses final appeal in European court – The Guardian

“The government has lost its final appeal against giving prisoners the right to vote following a ruling by the European court of human rights.”

Full story

The Guardian, 12th April 2011

Source: www.guardian.co.uk

Regina (New London College Ltd) v Secretary of State for the Home Department – WLR Daily

Regina (New London College Ltd) v Secretary of State for the Home Department [2011] EWHC 856 (Admin); [2011] WLR (D) 129

“A sponsorship licence issued by the United Kingdom Border Agency to a business that was engaged in the provision of educational services to migrants from outside the European Economic Area constituted “possessions” within the meaning of article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 7th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court of Appeal rejects ‘hit-and-run’ deportation bid – BBC News

“A government bid to deport a failed asylum seeker who killed a 12-year-old girl in a hit-and-run in Lancashire has been rejected by the Court of Appeal.”

Full story

BBC News, 8th April 2011

Source: www.bbc.co.uk

Obesity surgery man loses court fight against PCT – BBC News

“A grandfather has lost his High Court battle over a health trust’s refusal to fund obesity surgery.”

Full story

BBC News, 7th April 2011

Source: www.bbc.co.uk

Who’s the master now? – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Who’s the master now? (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Second Lord Alexander of Weedon Lecture, 6th April 2011

Source: www.judiciary.gov.uk

Kenyans sue UK for alleged colonial human rights abuses – The Guardian

“Highly embarrassing colonial-era files detailing the British army’s repressive tactics against Mau Mau insurgents in Kenya during the 1950s will be revealed in a landmark compensation case.”

Full story

The Guardian, 5th April 2011

Source: www.guardian.co.uk

Royal weddings: time to update the laws of saying ‘I do’? – The Guardian

“Prince William’s forthcoming marriage to Kate Middleton is unlikely to be beset by any legal confusion. But future Windsor weddings could easily be mired in controversy unless there are changes to the law, according to Professor Rebecca Probert from Warwick University, an expert on marriage law.”

Full story

The Guardian, 5th April 2011

Source: www.guardian.co.uk

Teenager uses Human Rights Act to sue health authority over vital growth drugs – The Guardian

“A 15-year-old boy who suffers from a rare medical condition that means he cannot eat protein is to make legal history by becoming the first child to sue his local health authority under the Human Rights Act.”

Full story

The Guardian, 2nd April 2011

Source: www.guardian.co.uk

Politicians to blame for human rights rulings, says judge – Daily Telegraph

“Politicians should stop criticising human rights ruling as they are to blame for tying the hands of courts, the country’s most senior judge signalled yesterday.”

Full story

Daily Telegraph, 29th March 2011

Source: www.telegraph.co.uk

Man jailed for breaching ‘£2m Asbo’ challenges order – BBC News

“A man who has been repeatedly jailed for the past eight years for defying an anti-social behaviour order (Asbo) is seeking to have it overturned.”

Full story

BBC News, 21st March 2011

Source: www.bbc.co.uk

Who are the UK Bill of Rights Commission’s ‘human rights experts’? – Legal Week

“The much trumpeted commission on a UK Bill of Rights has been launched by the Ministry of Justice. It is pretty much as was recently leaked, although it will now have eight rather than six experts chaired by Sir Leigh Lewis, a former Permanent Secretary to the Department of Work and Pensions.”

Full story

Legal Week, 21st March 2011

Source: www.legalweek.com

Commission on a UK Bill of Rights launched – Ministry of Justice

“An independent Commission to investigate the case for a UK Bill of Rights has been launched today by Deputy Prime Minister Nick Clegg and Secretary of State for Justice Kenneth Clarke.”

Full story

Ministry of Justice, 18th March 2011

Source: www.justice.gov.uk

Deadlock likely on commission pondering a British bill of rights – The Guardian

“The government commission that is to investigate the case for a British bill of rights looks set to be deadlocked from the start, with its members evenly split between human rights act supporters and sceptics.”

Full story

The Guardian, 18th March 2011

Source: www.guardian.co.uk

Open Justice Unbound? – Speech by Lord Neuberger of Abbotsbury

Open Justice Unbound? (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Judicial Studies Board Annual Lecture, 16th March 2011

Source: www.judiciary.gov.uk

Killer wins ‘distress’ payout over parole delay – Daily Telegraph

“A criminal who killed a man in a pub brawl has won taxpayer-funded compensation because a delayed parole hearing breached his human rights.”

Full story

Daily Telegraph, 16th March 2011

Source: www.telegraph.co.uk

Prisoners should be given the vote, signals watchdog – Daily Telegraph

“Nick Hardwick, the chief inspector of prisons, signalled he was in favour of some prisoners being given the vote, despite admitting he has not come across a single inmate who wants it.”

Full story

Daily Telegraph, 10th March 2011

Source: www.telegraph.co.uk

Broadmoor patient makes history with court appeal – The Independent

“A patient in Broadmoor Hospital who has spent more than two decades alongside some of Britain’s most dangerous criminals has won the right to have a review into his detention heard in public, The Independent has learned.”

Full story

The Independent, 9th March 2011

Source: www.independent.co.uk

UK to challenge prisoner votes ruling by European Court – BBC News

“The government has launched a legal bid to overturn a European Court of Human Rights ruling that the UK’s blanket ban on prisoners voting is unlawful.”

Full story

BBC News, 2nd March 2011

Souce: www.bbc.co.uk

Men and women will pay the same for insurance from 2012 – OUT-LAW.com

“Insurance and pensions companies must be stopped from offering different prices and premiums to men and women from December 2012, the European Court of Justice (ECJ) has ruled.”

Full story

OUT-LAW.com, 1st March 2011

Source: www.out-law.com

Insurers set for sex discrimination ruling – BBC News

“Young women could face big increases in the cost of car insurance, if insurers are told that they have to stop quoting different prices for men and women.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Murderers launch campaign for ‘freedom’ based on their human rights – Daily Telegraph

“Three murderers who were expected to die in jail have launched a campaign for freedom based on their human rights and the European Court of Human Rights has agreed to hear the cases.”

Full story

Daily Telegraph, 26th February 2011

Source: www.telegraph.co.uk

Male pensioners could lose out in EU sex discrimination ruling – Daily Telegraph

“Male pensioners could lose around £340 a year if the European court backs gender equality rules for insurance companies this week, experts are predicting.”

Full story

Daily Telegraph, 27th February 2011

Source: www.telegraph.co.uk

Bamber challenges whole-life tariffs in European court – BBC News

“Jeremy Bamber and two other killers are to ask the European Court of Human Rights to rule on whole-life sentences.”

Full story

BBC News, 26th February 2011

Source: www.bbc.co.uk

Guardian Focus podcast: The indefinite detention of foreign prisoners – The Guardian

“Hundreds of foreign prisoners are held indefinitely after they have served their criminal sentences. Harriet Grant investigates.”

Full story

The Guardian, 25th February 2011

Source: www.guardian.co.uk

#Without Prejudice – The Law Podcast 1: Assange, EAW, British Bill of Rights, Oversupply of lawyers and Silk – Charon QC

“We covered a great deal of ground in this first episode of this round the table podcast: Assange verdict on extradition, European Arrest Warrants – The British Bill of Rights and the ECHR – The oversupply of lawyers …and we even had time to consider Garrow’s Law and Silk the BBC tv dramas on law and lawyers.”

Podcast

Charon QC, 24th February 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Human rights court reforms called into question by London’s litigators – Legal Week

“City litigators have questioned Justice Secretary Ken Clarke’s calls to reform the European Court of Human Rights (ECHR) in the wake of its ruling that serving prisoners should be given the right to vote.”

Full story

Legal Week, 22nd February 2011

Source: www.legalweek.com

Tuition fees: Teenagers seek human rights judicial review – The Guardian

“Two teenagers are seeking a judicial review into the government’s decision to allow university tuition fees to almost treble to up to £9,000 from next year.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

British bill of rights ‘will put judges in a difficult position’ – The Guardian

“Former Lord Chief Justice Lord Woolf warns of conflict between European convention on human rights and proposed British bill of rights.”

Full story

The Guardian, 21st February 2011

Source: www.guardian.co.uk

Kenneth Clarke looks to reform European Court of Human Rights – The Guardian

“The justice secretary Kenneth Clarke said he will seek to reform the European Court of Human Rights after it ruled in favour of giving prisoners the right to vote.”

Full story

The Guardian, 20th February 2011

Source: www.guardian.co.uk

Prisoners lose voting compensation bid – The Independent

“The High Court has blocked a compensation bid by prisoners barred from voting in last year’s general election.  Claims have been launched in county courts nationwide by 585 serving prisoners, with another 1,000 potential cases in the pipeline, Mr Justice Langstaff was told in London.”

Full story

The Independent, 18th February 2011

Source: www.independent.co.uk

Only dictators defy European rights law, judge tells Britain – Daily Telegraph

“Europe’s most senior judge faced fierce criticism last night after suggesting that Britain would resemble a 1960s Greek dictatorship if it denied prisoners the vote and ignored human rights rulings.”

Full story

Daily Telegraph, 18th February 2011

Source: www.telegraph.co.uk

Growth in key human rights battles – Daily Telegraph

“Courts are dealing with at least ten key human rights battle every week since controversial new laws were introduced a decade ago, research shows.”

Full story

Daily Telegraph, 14th February 2011

Source: www.telegraph.co.uk

In re St Andrew’s Churchyard, Alwalton – WLR Daily

“A petition for the exhumation of remains buried in consecrated land brought on the basis of an objection to enforcement of the churchyard regulations would not be granted where the petitioner had failed to establish special circumstances justifying an exception from the norm that Christian burial was final.”
WLR Daily, 10th February 2011

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Oldham care baby mother takes battle to European courts – BBC News

“A mother from Greater Manchester who claims her baby daughter was wrongly taken into care has taken her case to the European Courts.”

Full story

BBC news, 11th February 2011

Source: www.bbc.co.uk

Attorney general: UK would be in breach of law if it defied European court rulings – The Guardian

“Britain would be acting ‘tyranically’ and in breach of the rule of law if it defied rulings from the European court of human rights, the attorney general, Dominic Grieve, has said.”

Full story

The Guardian, 10th February 2011

Source: www.guardian.co.uk

Withdrawal from the European court of human rights is not a legal problem – The Guardian

“Bringing Rights Back Home is the latest policy document to address the tension between judges and politicians over public policy with human rights implications.”

Full story

The Guardian, 9th February 2011

Source: www.guardian.co.uk

Prisoners’ right to vote: Q&A – The Guardian

“MPs are set to debate on a motion calling for Britain to defy the European court of human rights over giving prisoners the right to vote on Thursday.”

Full story

The Guardian, 10th February 2011

Source: www.guardian.co.uk

Protecting Human Rights In An Age Of Insecurity – Speech by Lord Neuberger of Abbotsbury

Protecting Human Rights In An Age Of Insecurity (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Commonwealth Law Conference, 7th February 2011

Source: www.judiciary.gov.uk

Widow appeals to church court claiming dead husband’s human rights have been breached – Daily Telegraph

“A widow who found that the tributes she left on her husband’s grave were being moved took the case to the church court on the grounds that the dead man’s human rights were being breached.”

Full story

Daily Telegraph, 7th February 2011

Source: www.telegraph.co.uk

UK ‘should cut links to European Court of Human Rights’ – BBC News

“The government should cut its ties with the ‘expansionist’ European Court of Human Rights, says a report by a right-leaning think tank.”

Full story

BBC News, 7th February 2011

Source: www.bbc.co.uk

UK ‘made safe haven’ by human rights rulings – The Independent

“Human rights rulings make the UK a ‘safe haven’ for suspected foreign terrorists, the independent reviewer of anti-terror laws said today.”

Full story

The Independent, 3rd February 2011

Source: www.independent.co.uk

Politicians warned over prisoner voting rights – The Guardian

“Europe’s human rights watchdog has warned British politicians that if they continue to exclude prisoners from the right to vote they risk undermining a crucial element of democracy.”

Full story

The Guardian, 4th February 2011

Source: www.guardian.co.uk

ZH (Tanzania) v Secretary of State for the Home Department – WLR Daily

“The need to safeguard and promote the welfare of children who were in the United Kingdom was a primary consideration when immigration authorities were making a decision as to the deportation of a parent whose application for asylum in the United Kingdom had been refused. Once the children’s best interests had been identified, the authorities were then required to assess whether those interests were outweighed by any other considerations such as the need to maintain a proper and efficient system of immigration control. When the children had British citizenship that was of particular importance in assessing their best interests.”

WLR Daily, 2nd February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

JIH v News Group Newspapers Ltd – WLR Daily

JIH v News Group Newspapers Ltd [2011] EWCA Civ 42; [2011] WLR (D) 27

“Where a claimant applied for an injunction restraining publication of private information and sought reporting restrictions, in balancing the rights of the individual to confidentiality against the public interest in freedom of expression, generally the court would either direct that the claimant’s name be anonymised but disclosure of the nature of the information was permitted, or direct that the claimant could be named but the nature of the information was not to be identified.”

WLR Daily, 1st February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Landmark human rights ruling allows asylum mother to remain in UK – The Guardian

“Immigration authorities will have to listen to the views of children whose parents are facing deportation, the supreme court has said, in a landmark human rights ruling on the rights of children born to illegal immigrants.”

Full story

The Guardian, 1st February 2011

Source: www.guardian.co.uk

Related link: Full judgment: ZH (Tanzania) (FC) v Secretary of State for the Home Department

Innocent DNA retention to be challenged – Daily Telegraph

“Police chiefs could be forced to clear the DNA database of innocent people ahead of any change in the law under a legal challenge that begins today.”

Full story

Daily Telegraph, 31st January 2011

Source: www.telegraph.co.uk

Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) – WLR Daily

Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) [2011] EWCA Civ 31; [2011] WLR (D) 20

“Although an appeal to a magistrates’ court from the decision of a local authority’s licensing committee was a full rehearing on all the evidence the committee’s decision was a relevant matter to be taken into consideration and should only be reversed if the judge was satisfied that the original decision was wrong.”

WLR Daily, 27th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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