“British military operations are at risk of being undermined by human rights law and health and safety red tape, a research institute has warned.”
The Guardian, 18th October 2013
Source: www.guardian.co.uk
“Guessing that it was not on my usual diet of journals, a colleague recently suggested an article in The Conveyancer that might be of interest. Emma Lees had written an interesting piece ((2013) 77 Conv. 211) on protest occupations and actions for possession but one aspect unrelated to the main topic intrigued me more than any other. In Olympic Delivery Authority v Persons Unknown [2012] EWCA 1012 Ch, the ODA, established under s.3 of the London Olympic Games and Paralympic Games Act 2006, sought injunctions to restrain protesters from entering and/or occupying land that was being developed as part of the Olympic site. Mr Justice Arnold had held that he was required to balance the rights of the putative protesters under Articles 10 and 11 with the ODA’s rights to peaceful enjoyment of possessions under the 1st Protocol (at [24]). I’d skimmed the case last year when judgment was delivered but hadn’t really noticed the point that Emma Lees was making: that it was ‘somewhat surprising that [the ODA] is deemed capable also of possessing human rights’ (Lees, p.215) as it is acknowledged elsewhere in the judgment as a public authority (though Lees uses the term ‘public body’).”
UK Constitutional Law Group, 17th October 2013
Source: www.ukconstitutionallaw.org
“The Lord Chancellor Chris Grayling recently told The Spectator that he wants ‘to see our Supreme Court being supreme again’. In light of his respect for the court, he should read today’s judgment on prisoner votes very carefully indeed, as should David Cameron who has already endorsed the decision as a ‘great victory for common sense’.”
UK Human Rights Blog, 16th October 2013
Source: www.ukhumanrightsblog.com
“Two convicted murderers who argued that European Union law gave them the right to vote in UK elections have had their appeals dismissed by the supreme court at Westminster.”
The Guardian, 16th October 2013
Source: www.guardian.co.uk
“Hundreds of thousands of middle class elderly people may be protected under human rights laws for the first time after a vote in the House of Lords last night.”
Daily Telegraph, 17th October 2013
Source: www.telegraph.co.uk
“In this week’s programme, the Attorney General for England and Wales Dominic Grieve speaks to Joshua Rozenberg in an extended interview.”
BBC Law in Action, 15th October 2013
Source: www.bbc.co.uk
In re W (A Child) (Care Proceedings: Court’s Function) [2013] EWCA Civ 1227; [2013] WLR (D) 382
“Once a decision to institute care proceedings had been taken the court became the decision-maker until a full order was made. The local authority was required to provide the evidence to enable the judge to undertake the welfare and proportionality evaluations. That included a description of the services that were available and practicable for each placement option and each order being considered by the court. There should be no question of a local authority declining to file its evidence or proposed plans in response to the court’s evaluations. If a local authority made it clear that it would not implement a care plan option about which evidence had been given and which the judge preferred on welfare and proportionality grounds, then in a rare case it could be subjected to challenge in the High Court within the proceedings. In the unlikely event that a local authority declined to abide by a judge’s orders and directions in the future, the judge should inform the local authority’s monitoring officer to make a report to the authority with the intention that the authority was brought back into compliance.”
WLR Daily, 11th October 2013
Source: www.iclr.co.uk
MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192; [2013] WLR (D) 380
“The new immigration rules, introduced by Statement of Changes in Immigration Rules (2012) (HC 194) into Statement of Changes in Immigration Rules (1994) (HC 395), which concerned the deportation of foreign criminals and the evaluation of their article 8 rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, were a complete code. Where a foreign criminal came within the provisions of paragraph 399 or 399A of HC395, as amended,, he could be entitled to leave to remain on a limited or indefinite basis on article 8 grounds, but where those paragraphs did not apply very compelling reasons, described as ‘exceptional circumstances’, would be required to outweigh the public interest in deportation.”
WLR Daily, 8th October 2013
Source: www.iclr.co.uk
“On October 2 at 10am, the United Kingdom Supreme Court held an hour long pre-term press-briefing to mark the opening of the Court’s fifth year. This blog looks not only at what was said by the Court, and asked by the journalists on the day, but also what was then reported.”
UK Constitutional Law Group, 16th October 2013
Source: www.ukconstitutionallaw.org
“The Supreme Court will rule later whether prisoners have the right to vote under European Union rules – even though they cannot under British law.”
BBC News, 16th October 2013
Source: www.bbc.co.uk
“This case concerned the liability of an Internet news portal for offensive comments that were posted by readers below one of its online news articles. The following summary is based on the Strasbourg Court’s press release.”
UK Human Rights Blog, 14th October 2013
Source: www.ukhumanrightsblog.com
“In order to fulfil its procedural obligations under article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms the state was not obliged to conduct, prior to an inquest, an immediate and independent investigation into the circumstances of the death of a patient detained in hospital under section 3 of the Mental Health Act 1983.”
WLR Daily, 10th October 2013
Source: www.iclr.co.uk
“Britain’s ‘economic, physical and ethical well-being’ depends on it playing an ‘active part’ in the European Union and the European Convention on Human Rights, the Attorney General has said.”
Daily Telegraph, 14th October 2013
Source: www.telegraph.co.uk
“Where a planning decision engaged a child’s right to private and family life that child’s best interests would be a primary consideration for the decision-maker.”
WLR Daily, 9th October 2013
Source: www.iclr.co.uk
“In late 2007, the Secretary of State for the Home Department made an order depriving Mr Al Jedda, who had been granted British citizenship in 2000, of his citizenship, under the British Nationality Act 1981. Section 40(4) of the Act prohibits the deprivation of nationality where the effect would be to render the person stateless.”
UK Human Rights Blog, 14th October 2013
Source: www.ukhumanrightsblog.com
The High Court has dismissed an ‘absolutely meritless’ claim by a prisoner that, in serving the non-tariff part of his sentence, he should be afforded all the Convention rights enjoyed by prisoners on remand or those serving time for civil offences such as contempt of court. As he had been deprived of the full panoply of rights, he said, he was a victim of discrimination contrary to Article 14.
UK Human Rights Blog, 14th October 2013
Source: www.ukhumanrightsblog.com
“Britain’s most senior prosecutor said he understands concerns surrounding the time it has taken to investigate police officers over the Plebgate saga, which cost Tory MP Andrew Mitchell his cabinet post.”
The Guardian, 13th October 2013
Source: www.guardian.co.uk
“Writing in his magisterial new work, Human Rights and the UK Supreme Court, Professor Brice Dickson noted that the Human Rights Act had created ‘an internationalized system of human rights protection rather than a constitutional one.’ Indeed, there had been a marked resistance on the part of the Supreme Court to use the common law to achieve the same goal of human rights protection. In Osborn v The Parole Board the Supreme Court seemed to resile from this position.”
UK Human Rights Blog, 13th October 2013
Source: www.ukhumanrightsblog.com
“Victims of sexual offences have been afraid of reporting them because police have asked ‘the wrong questions’, the director of public prosecutions for England and Wales has said.”
BBC News, 13th October 2013
Source: www.bbc.co.uk
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