Category: human rights

Regina (Hicks and others) v Commissioner of Police of the Metropolis – WLR Daily

Posted January 29th, 2014 in appeals, detention, human rights, judicial review, law reports, police, public order by sally

Regina (Hicks and others) v Commissioner of Police of the Metropolis [2014] EWCA Civ 3; [2014] WLR (D) 30

‘Arrests made because the police had reasonable grounds for believing a breach of the peace was imminent and effected for the purpose of bringing those arrested before the magistrates’ court, if that were to become necessary, so as to prolong detention on a lawful basis, complied with article 5(1)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Regina (Boots Management Services Ltd) v Central Arbitration Committee – WLR Daily

Posted January 29th, 2014 in collective agreements, employment, human rights, law reports, remuneration, trade unions by sally

Regina (Boots Management Services Ltd) v Central Arbitration Committee [2014] EWHC 65 (Admin); [2014] WLR (D) 25

‘The right guaranteed by article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms of individuals to form and to join trade unions for the protection of their interests encompassed the right to engage in collective bargaining relating to the terms and conditions of employment of a particular group of workers.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Handling of female asylum seekers ‘puts UK to shame’ – The Independent

Posted January 29th, 2014 in asylum, detention, human rights, immigration, news, rape, statistics, torture, women by sally

‘The hidden plight of women asylum seekers detained in Britain is exposed today as a major new report warns that female rape and torture victims are being locked up indefinitely, suffering from depression and being intimidated by male guards.’

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The Independent, 29th January 2014

Source: www.independent.co.uk

Gay couple threaten to sue UK government over same-sex marriage – The Guardian

Posted January 27th, 2014 in civil partnerships, divorce, equality, homosexuality, human rights, marriage, news by sally

‘A gay couple from Barnsley are threatening legal action against the government after discovering they will not be able to marry on 29 March, when the Marriage (Same Sex Couples) Act comes into force, because they are already in a civil partnership.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Way cleared for family’s challenge over ‘do not resuscitate’ orders – The Guardian

Posted January 27th, 2014 in appeals, codes of practice, consultations, euthanasia, families, hospitals, human rights, judicial review, medical treatment, news by sally

‘Appeal court judges have cleared the way for a family to continue their legal challenge over the way decisions are made not to attempt resuscitation of critically ill patients in England.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Whole-life sentences ‘can be imposed despite European court’s objections’ – The Guardian

Posted January 27th, 2014 in appeals, attorney general, human rights, news, sentencing by sally

‘Whole-life sentences can still be imposed on serious and serial offenders despite objections from the European court of human rights, the court of appeal has been told.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Security farce over anonymity for terror suspects on the run – Daily Telegraph

Posted January 27th, 2014 in anonymity, control orders, human rights, news, terrorism by sally

‘Home Office is caught up in a row over its refusal to name terror suspects who have gone missing while on control orders.’

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Daily Telegraph, 25th January 2014

Source: www.telegraph.co.uk

How whole-life sentences might comply with human rights convention – The Guardian

Posted January 24th, 2014 in appeals, human rights, murder, news, parole, sentencing by sally

‘Strasbourg court found that whole-life terms breached human rights of prisoners as they did not provide any review mechanism.’

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The Guardian, 21st January 2014

Source: www.guardian.co.uk

Judges to hear whole-life term challenges – BBC News

Posted January 24th, 2014 in appeals, human rights, murder, news, parole, sentencing by sally

‘The Court of Appeal is due to hear major challenges to whole-life terms given to some killers.’

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BBC News, 24th January 2014

Source: www.bbc.co.uk

Court of Appeal ignores Strasbourg ruling on police detention – BBC News

Posted January 22nd, 2014 in appeals, demonstrations, detention, human rights, news, police by sally

‘The Court of Appeal has backed the police over “pre-emptive” arrests during the 2011 Royal Wedding – and ignored a European Court ruling on the issue.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

In re E (A Child) – WLR Daily

Posted January 20th, 2014 in care orders, children, EC law, human rights, jurisdiction, law reports, reporting restrictions by sally

In re E (A Child) [2014] EWHC 6 (Fam); [2014] WLR (D) 10

‘In any care or other public law case with a European dimension good practice would now require the court to set out explicitly the basis upon which it had either accepted or rejected jurisdiction and to identify the precise basis upon which it had proceeded. Furthermore, in cases involving foreign nationals there had to be transparency and openness as between the English family courts and the consular and other authorities of the relevant foreign state.’

WLR Daily, 14th January 2014

Source: www.iclr.co.uk

High Court rules on provision of care for nomadic Gypsy/Traveller children – Halsbury’s Law Exchange

Posted January 20th, 2014 in benefits, children, disabled persons, equality, human rights, judicial review, local government, news, travellers by sally

‘Marc Willers analyses the impact of a High Court ruling which gave an important judgment on the provision of care for nomadic Gypsy and Traveller children.’

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Halsbury’s Law Exchange, 17th January 2014

Source: www.halsburyslawexchange.com

State immunity upheld against human rights challenges in Strasbourg – UK Human Rights Blog

Posted January 20th, 2014 in compensation, human rights, international law, news, Saudi Arabia, state immunity, torture by sally

‘The Strasbourg Court has ruled that the inability of four men to bring torture compensation claims against Saudi Arabia in UK courts did not breach the Convention. The Court held that a “grant of immunity to the state officials in the present case reflected generally recognised rules of public international law” and that there had been no violation of Article 6 (right of access to court).’

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UK Human Rights Blog, 18th January 2014

Source: www.ukhumanrightsblog.com

Saudi Arabia ‘torture’ Britons told they cannot sue – BBC News

Posted January 15th, 2014 in appeals, damages, human rights, news, Saudi Arabia, state immunity, torture by tracey

‘Four British men have failed to overturn a decision by the UK’s highest court which stopped them suing Saudi Arabia for alleged torture. The European Court of Human Rights (ECtHR) ruled that the men’s human rights had not been breached by the British court’s decision.’

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BBC News, 14th January 2014

Source: www.bbc.co.uk

War Crimes, Annoyance Injunctions, and the Whole Life Tariff Saga – UK Human Rights Blog

Posted January 14th, 2014 in armed forces, bills, human rights, injunctions, news, sentencing, war crimes by tracey

‘This week, the International Criminal Court has received a dossier detailing the UK’s involvement in abuse in Iraq. Meanwhile, the House of Lords has put up a fight over the so-called “annoyance injunctions”, while the Government has sought to find a solution to the European Court of Human Rights’ ruling on whole life tariffs.’

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UK Human Rights Blog, 13th January 2014

Source: www.ukhumanrightsblog.com

Atheist Afghan man granted asylum in UK to protect him from ‘religious’ persecution – Daily Telegraph

Posted January 14th, 2014 in Afghanistan, asylum, human rights, Islam, news by tracey

‘A young Afghan man who became an atheist after coming to Britain has been granted asylum on the grounds that the threat to his life for having no faith would amount to “religious” persecution.’

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Daily Telegraph, 13th January 2014

Source: www.telegraph.co.uk

Is the Mental Capacity Act incompatible with the ECHR? – Halsbury’s Law Exchange

Posted January 10th, 2014 in Court of Protection, evidence, human rights, mental health, news, select committees by tracey

‘A group of leading lawyers has expressed concern that the current system for representation of certain protected parties (P) in Court of Protection proceedings is incompatible with the ECHR.’

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Halsbury’s Law Exchange, 10th January 2014

Source: www.halsburyslawexchange.co.uk

Ministers respond to ruling on ‘life means life’ sentences – Daily Telegraph

Posted January 9th, 2014 in courts, human rights, news, sentencing by sally

‘Government will send Europe initial response to controversial Strasbourg ruling which said “whole life” tariffs are a breach of human rights.’

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Daily Telegraph, 9th January 2014

Source: www.telegraph.co.uk

V‏irgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening); Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) v Virgin Atlantic Airways Ltd (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Posted January 8th, 2014 in aircraft, human rights, jurisdiction, law reports, patents by sally

V‏irgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening); Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) v Virgin Atlantic Airways Ltd (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening) [2013] EWCA Civ 1713 ; [2013] WLR (D) 511

‘The English Patents Court had no jurisdiction to review or investigate the decision of European Patent Office (EPO) to register a patent on an application under article 6 of the European Convention on Human Rights and Fundamental Freedoms, since the United Kingdom’s sovereign power in relation to that issue had been surrendered to the EPO under the European Patent Convention (EPC).’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Foreign drug dealer wins human rights case – Daily Telegraph

Posted January 8th, 2014 in ASBOs, deportation, drug trafficking, human rights, immigration, news by sally

‘A Jamaican man who commuted to London every day to sell crack on a council estate has used human rights laws to stop a deportation order.’

Full story

Daily Telegraph, 7th January 2014

Source: www.telegraph.co.uk