Tax avoiders don’t have human rights – Philippa Whipple QC – UK Human Rights Blog

Posted November 7th, 2013 in appeals, disclosure, HM Revenue & Customs, human rights, news, tax avoidance by sally

“R (on the application of Ingenious Media Holdings plc and Patrick McKenna v Her Majesty’s Revenue and Customs [2013] EWHC 3258 (Admin).
Sales J has rejected an application for judicial review by Ingenious Media Holdings plc and Patrick McKenna, who complained that senior officials in HMRC had identified them in ‘off the record’ briefings.”

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UK Human Rights Blog, 6th November 2013

Source: www.ukhumanrightsblog.com

Dominic Grieve: Every prisoner in Britain could sue for damages over voting ban – Daily Telegraph

Posted November 7th, 2013 in bills, damages, elections, human rights, news, prisons, treaties by sally

“Tens of thousands of prisoners could be in line for compensation because they have been denied their ‘human right’ to vote, the Attorney General has warned. Dominic Grieve warned that all 85,000 prisoners in England and Wales could lodge claims with the European Court of Human Rights if they are barred from vote at the next election, costing taxpayers more than £60 million.”

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Daily Telegraph, 6th November 2013

Source: www.telegraph.co.uk

Police spies case: women lose fight for public human rights hearing – The Guardian

“A group of women who are taking legal action against police chiefs over claims they were tricked into forming long-term relationships with undercover spies have lost their fight to have part of their case heard in public.”

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The Guardian, 5th November 2013

Source: www.guardian.co.uk

Legal bid over David Miranda detention at Heathrow – BBC News

“Lawyers for the partner of a journalist are due back in court in a legal challenge to his airport detention under anti-terrorism laws.”

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BBC News, 6th November 2013

Source: www.bbc.co.uk

Single mothers lose legal challenge to benefit cap – BBC News

Posted November 5th, 2013 in benefits, human rights, judicial review, news, social security by sally

“Three single mothers and their children have lost a legal challenge to the government’s benefit cap.”

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BBC News, 5th November 2013

Source: www.bbc.co.uk

MoD lawyers soar as Armed Forces’ budgets cut – Daily Telegraph

Posted November 4th, 2013 in armed forces, budgets, human rights, legal profession, news by sally

“Number of military lawyers employed by the Ministry of Defence has risen by nearly half in recent years.”

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Daily Telegraph, 1st November 2013

Source: www.telegraph.co.uk

Human Rights Act is stopping us deporting foreign criminals, minister says – Daily Telegraph

Posted November 1st, 2013 in crime, deportation, human rights, news by sally

“European human rights laws that prevent the deportation of foreign criminals must be overhauled, a minister has said, after figures showed that only a tiny fraction are ever thrown out of Britain.”

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Daily Telegraph, 31st October 2013

Source: www.telegraph.co.uk

Freedom of expression – nakedness in a public place – UK Human Rights Blog

Posted November 1st, 2013 in freedom of expression, human rights, news, public order by sally

“Mr Gough wishes to walk up and down the UK naked. Others do not approve of this, so his progress has been somewhat stop-start. This appeal concerns a brief and inglorious autumnal outing in Halifax. He was released from the local nick at 11.30 am on 25 October 2012, wearing only walking boots, socks, a hat, a rucksack and a compass on a lanyard around his neck. ‘He was otherwise naked and his genitalia were on plain view.’ He then walked through Halifax town centre for about 15 minutes.”

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UK Human Rights Blog, 31st October 2013

Source: www.ukhumanrightsblog.com

Naked rambler loses high court appeal against public order conviction – The Guardian

Posted November 1st, 2013 in appeals, freedom of expression, human rights, news, public order by sally

“A man known as the ‘naked rambler’ has lost a high court challenge against a conviction for violating public order when he walked through a town centre wearing only walking boots, socks and a hat.”

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The Guardian, 31st October 2013

Source: www.guardian.co.uk

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) – Supreme Court

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) [2013] UKSC 68 (YouTube)

Supreme Court, 30th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Government fail to overturn Poundland work scheme ruling – BBC News

Posted October 31st, 2013 in appeals, employment, human rights, news, social security, Supreme Court by michael

“The government has lost a Supreme Court appeal over a ruling its flagship ‘back to work’ schemes were legally flawed.”

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BBC News, 30th October 2013

Source: www.bbc.co.uk

HF(Iraq) and others v Secretary of State for the Home Department; MK(Iraq) v Same – WLR Daily

Posted October 30th, 2013 in appeals, EC law, human rights, immigration, Iraq, law reports, tribunals by sally

HF(Iraq) and others v Secretary of State for the Home Department; MK(Iraq) v Same [2013] EWCA Civ 1276; [2013] WLR (D) 407

“There was no presumption that the eligibility guidelines issued by the UNHCR in relation to Iraq should be followed unless there were cogent reasons for not doing so.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

Supreme court to make final ruling on Poundland case – The Guardian

“The UK supreme court will hand down judgment on Wednesday morning in what is expected to be the final chapter in a long-running dispute between the Department of Work and Pensions and former jobseeker Cait Reilly over the legality of so-called workfare schemes.”

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The Guardian, 30th October 2013

Source: www.guardian.co.uk

Wind farms, birds, and that pesky thing called the rule of law – UK Human Rights Blog

“The current storms brought down a turbine in Teignmouth: see here for good pics of this and other mayhem. And the rule of law recently brought down a massive wind farm proposed for Shetland. The Scottish Ministers had waved aside a request for a public inquiry, and ended up drafting reasons which ignored the obligations in the Wild Birds Directive in respect of this bird – the whimbrel. Lady Clark quashed the consent on this ground, and also decided that the wind farmer could not apply for the consent anyway because it had not got the requisite licence which she concluded was a pre-condition for such an application. ”

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UK Human Rights Blog, 28th October 2013

Source: www.ukhumanrightsblog.com

Threats to modern democracy – why the UK should take note – Halsbury’s Law Exchange

Posted October 29th, 2013 in constitutional law, elections, human rights, news, political parties by sally

“Recent events in the US have made us all aware of the essential vulnerability of modern political and economic systems. For a while it seemed as though the most powerful economy in the world was heading towards self-destruction, owing to the failure of a small number of senior politicians to reach a consensus that would avoid such an outcome. Now that disaster has been at least temporarily averted, it seems appropriate to try to analyse how this situation arose.”

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Halsbury’s Law Exchange, 28th October 2013

Source: www.halsburyslawexchange.co.uk

Court of Appeal refuses anonymity for offender – UK Human Rights Blog

“Only ‘clear and cogent evidence’ that it was strictly necessary to keep an offender’s identity confidential would lead a court to derogate from the principle of open justice. The possibility of a media campaign that might affect the offender’s resettlement could not work as a justification for banning reporting about that offender, even though a prominent and inaccurate report about him had already led to harassment of his family.”

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UK Human Rights Blog, 25th October 2013

Source: www.ukhumanrightsblog.com

Another hall of mirrors human rights story from the Telegraph – Daily Telegraph

“Yesterday saw another poor piece of human rights reporting from the Telegraph, again from Home Affairs Correspondent David Barrett. Strasbourg human rights court threatens key counter-terrorism powers. It is a typical piece of hall-of-mirrors reporting; all of the basic elements are there but presented in a distorted and inaccurate way.”

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UK Human Rights Blog, 27th October 2013

Source: www.ukhumanrightsblog.com

Report to the Joint Committee on Human Rights on the Government response to human rights judgments 2012–13 – Ministry of Justice

Posted October 24th, 2013 in human rights, judgments, parliamentary papers, reports by sally

“This is the latest in a series of annual reports to the Joint Committee on Human Rights (JCHR) setting out the Government’s record on the implementation of adverse Human Rights judgments.”

Full report

Ministry of Justice, 24th October 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Sarjantson and another v Chief Constable of Humberside Police – WLR Daily

Sarjantson and another v Chief Constable of Humberside Police: [2013] EWCA Civ 1252;   [2013] WLR (D)  393

“The positive duty on the state (the police) to avert a real and immediate risk to life or injury, pursuant to articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not limited to identified or identifiable persons. It was sufficient that such potential victims were known or should be known to exist; and it made no difference that the risk arose during an incident which had already commenced.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

Coroners inquest enough to satisfy Article 2 in mental health suicide case – UK Human Rights Blog

Posted October 22nd, 2013 in human rights, inquests, mental health, news, suicide by sally

“R (Antoniou) v (1) Central and North West London NHS Foundation Trust; (2) Secretary of State for Health; (3) NHS England [2013] EWHC 3055 (Admin).Where a patient, detained in hospital under Section 3 of the Mental Health Act 1983, takes their own life, Article 2 imposes procedural obligations on the State to investigate the circumstances of the death. These obligations are fulfilled by a coroner’s inquest. Unlike in prison and police station deaths, there need not be any independent investigation system prior to the inquest stage, and nor does Article 2 require one.”

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UK Human Rights Blog, 22nd October 2013

Source: www.ukhumanrightsblog.com