Hitting the Balls out of Court: Are Judges Stepping Over the Line? – Speech by Lord Justice Moses

‘Hitting the Balls out of Court: Are Judges Stepping Over the Line?
Speech by Lord Justice Moses: Creaney Memorial Lecture 2014, 26/02/2014’

Full speech

Judiciary Of England & Wales, 18th March 2014

Source: www.judiciary.gov.uk

Court of Appeal judges to rule on 1948 Malaya ‘massacre’ – BBC News

Posted March 19th, 2014 in appeals, armed forces, colonies, human rights, inquiries, news, public interest by sally

‘Court of Appeal judges are set to rule on a long-running battle for an inquiry into the 1948 killings of 24 villagers in Malaya by British troops.’

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BBC News, 19th March 2014

Source: www.bbc.co.uk

Anti-fracking protesters’ Convention rights against private landowners – UK Human Rights Blog

Posted March 18th, 2014 in energy, fracking, freedom of expression, human rights, news, repossession, trespass by sally

‘Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch). The Chancery Court has ruled that Convention rights may be engaged in disputes between private landowners and trespassers, thereby making it incumbent on the court under Section 6 of the Human Rights Act to balance the trespassers’ rights under Article 8 against the landowner’s rights under Article 1 Protocol 1.’

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UK Human Rights Blog, 18th March 2014

Source: www.ukhumanrightsblog.com

Article 8 and the Private Sector – NearlyLegal

‘In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) follows a fairly predictable course. The Defendants were a group of activists who had set up camp on Barton Moss Lane, Manchester, in protest at the drilling program being undertaken by a company, Igas Energy plc. The Claimants had granted Igas a licence to drill on the land nearby and the protest was intended to deter the controversial fracking process which the activists feared would ensue.’

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NearlyLegal, 16th March 2014

Source: www.nearlylegal.co.uk

Why the human rights challenge to the ‘bedroom tax’ failed – Garden Court Chambers Blog

Posted March 18th, 2014 in appeals, benefits, disabled persons, housing, human rights, news, social security by sally

‘Desmond Rutledge examines why the Court of Appeal in MA and Others refused to apply the reasoning in Burnip to disabled adults in the social sector who need an extra bedroom.’

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Garden Court Chambers, 17th March 2014

Source: www.gclaw.wordpress.com

Avoiding the nuclear option: the EU moves to strengthen the rule of law – UK Human Rights Blog

Posted March 18th, 2014 in consultations, EC law, human rights, news, rule of law by sally

‘Within the past week the EU Commission has laid down its plans for protecting the rule of law across Europe and, importantly, for punishing member states that fail to meet rule of law standards. At first glance this appears to be a landmark in the EU’s regulation of the rule of law, fundamental rights and democracy, but is it the solution it claims to be?’

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UK Human Rights Blog, 17th March 2014

Source: www.ukhumanrightsblog.com

Armed forces could be given immunity from human rights laws – Daily Telegraph

Posted March 18th, 2014 in armed forces, human rights, immunity, news, reports by sally

‘The armed forces could be exempted from human rights laws because they are hampering British military operations in the field, Philip Hammond has said. Mr Hammond said the government is prepared to introduce new legislation to protect the army from the “encroachment” of civil litigation on the battlefield.’

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Daily Telegraph, 17th March 2014

Source: www.telegraph.co.uk

Mormon Tax, Posthumous Procreation and Stephen Lawrence Spying – the Human Rights Roundup – UK Human Rights Blog

‘In the human rights news this week, Theresa May calls for a public inquiry into undercover police officers after the publication of the independent review into spying on the family of Stephen Lawrence. Elsewhere, Mormons take on the taxman, the High Court considers how to interpret the law on storing embryos and gametes after death and a House of Lords Committee publishes a major report into the operation of the Mental Capacity Act.’

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UK Human Rights Blog, 16th March 2014

Source: www.ukhumanrightsblog.com

Christian guesthouse owners go to Strasbourg over ‘discrimination’ case – Daily Telegraph

‘A Christian couple who were told it was illegal to turn unmarried couples away from their guesthouse have launched a landmark legal case at the European Court of Human Rights.’

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Daily Telegraph, 15th March 2014

Source: www.telegraph.co.uk

Barry George takes compensation claim to Europe – Daily Telegraph

Posted March 17th, 2014 in compensation, human rights, imprisonment, murder, news by sally

‘ Barry George, the man wrongly accused of murdering TV presenter Jill Dando, is taking his £1 million compensation claim to the European Court of Human Rights. Mr George, 53, is seeking compensation for loss of earnings and wrongful imprisonment, after spending eight years in jail for a crime he did not commit.’

Full story

Daily Telegraph, 16th March 2014

Source: www.telegraph.co.uk

Anti-fracking campaigners in Salford can stay, court rules – The Guardian

Posted March 12th, 2014 in appeals, demonstrations, energy, fracking, human rights, news, public order, repossession by sally

‘Demonstrators facing eviction from an anti-fracking camp have won 11th-hour permission to stay put while they go to the court of appeal. On Monday a judge at Manchester’s high court made an order for possession against the collective occupying land at Barton Moss in Salford, Greater Manchester. The order was to take effect from midday today. But eviction was stayed just before the noon deadline by the appeal court to give the protesters an opportunity to apply for permission to appeal.’

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The Guardian, 11th March 2014

Source: www.guardian.co.uk

Supreme Court rules on EU conditions for asylum seekers – UK Human Rights Blog

Posted March 10th, 2014 in asylum, EC law, human rights, news, Supreme Court by sally

‘The Supreme Court overturned the Court of Appeal’s decision on the correct test for when an asylum seeker or refugee resists their return to another EU country (here Italy) in which they first sought or were granted asylum. The parties before the court all agreed that the test applied by the Court of Appeal, namely a requirement for a systemic deficiencies in the listed country’s asylum procedures and reception conditions was incorrect.’

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UK Human Rights Blog, 10th March 2014

Source: www.ukhumanrightsblog.com

Strasbourg on Mormons and their temples – UK Human Rights Blog

Posted March 7th, 2014 in human rights, news, rates, religious discrimination, taxation by sally

‘The Church of Jesus Christ of Latter-Day Saints v. the United Kingdom, ECHR, 4 March 2014. An apparently dry dispute about business rates on one of the Mormons’ temples in Preston  has reached Strasbourg and raises interesting issues about indirect discrimination on religious grounds. The underlying question was whether the temple was a place of “public religious worship” and therefore exempt from rates.’

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UK Human Rights Blog, 5th March 2014

Source: www.ukhumanrightsblog.com

Anti-fracking campaigners challenge eviction attempt in court – The Guardian

‘Anti-fracking protesters who have been camping by a drill site in Greater Manchester since late October have appeared in court to challenge attempts to evict them.’

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The Guardian, 6th March 2014

Source: www.guardian.co.uk

Mormon church loses English temple tax fight in European rights ruling – The Independent

Posted March 4th, 2014 in appeals, human rights, news, taxation by sally

‘Ordering the Mormon church to pay local property taxes on one of its English temples is not a breach of human rights, European judges have ruled.’

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The Independent, 4th March 2014

Source: www.independent.co.uk

Families ‘torn apart’ by immigration rules on spouses – BBC News

Posted March 4th, 2014 in families, human rights, immigration, news, visas by sally

‘A minimum income requirement imposed on non-EU migrants limits the number able to enter the UK. But some families claim the system is unfair and is keeping spouses and their children apart, as Inside Out East reports.’

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BBC News, 3rd March 2014

Source: www.bbc.co.uk

Further torment – New Law Journal

‘Rosalyn Akar Grams reviews the impact of LASPO on the provision of quality legal representation for survivors of torture, as part of an exclusive NLJ online series on legal aid post-LASPO.’

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New Law Journal, 19th February 2014

Source: www.newlawjournal.co.uk

Human rights and public law challenge to prisoner’s release conditions fails – UK Human Rights Blog

Posted March 3rd, 2014 in appeals, human rights, judicial review, news, release on licence, terrorism by sally

‘Mr Gul had been imprisoned for a period, on 24 February 2011, for disseminating terrorist publications. When he was released on 6 July 2012, this was under licence, as is common following the release of dangerous prisoners. Mr Gul challenged some of the conditions of his licence by judicial review. The court rejected his challenge.’

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UK Human Rights Blog, 2nd March 2014

Source: www.ukhumanrightsblog.com

Regina (Miranda) v Secretary of State for the Home Department and another (Liberty and others intervening) – WLR Daily

Posted February 28th, 2014 in airports, detention, freedom of expression, human rights, law reports, terrorism by sally

Regina (Miranda) v Secretary of State for the Home Department and another (Liberty and others intervening) [2014] EWHC 255 (Admin); [2014] WLR (D) 93

‘It was lawful that a journalist’s assistant who was thought to harbour state secrets in electronic form against the wishes of Britain and a foreign power should be stopped and held at an airport on the basis that investigating him amounted to determining whether he was a terrorist under section 40(1)(b) of and paragraph 2(1) of Schedule 7 to the Terrorism Act 2000.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Taxi sex attacks: John Worboys’ victims win payout bid – BBC News

Posted February 28th, 2014 in compensation, human rights, news, police, rape, sexual offences by sally

‘Two women who were sexually assaulted by London taxi driver John Worboys have won a High Court victory in their bid to get compensation from the police.’

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BBC News, 28th February 2014

Source: www.bbc.co.uk