Category: human rights

Regina (Minter) v Chief Constable of Hampshire Constabulary – WLR Daily

Posted July 22nd, 2013 in appeals, human rights, interpretation, law reports, notification, proportionality, sentencing, sexual offences by sally

Regina (Minter) v Chief Constable of Hampshire Constabulary [2013] EWCA Civ 697; [2013] WLR (D) 289

“A convicted sex offender on whom an extended sentence was passed pursuant to section 85(2) of the Powers of Criminal Courts (Sentencing) Act 2000 became subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 for an indefinite period under section 82(1) of the 2003 Act, if the aggregate of the custodial term and the extension period was 30 months or more, even if the custodial term was less than 30 months.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Beware of the web – New Law Journal

Posted July 22nd, 2013 in appeals, complaints, disciplinary procedures, dismissal, employment, freedom of expression, harassment, human rights, internet, news, privacy, professional conduct by sally

“Employers must get their social media policies in order, say Chris Bryden & Michael Salter.”

Full story

New Law Journal, 19th July 2013

Source: www.newlawjournal.co.uk

UK court ducks position on circumcision – UK Human Rights Blog

Posted July 22nd, 2013 in appeals, children, custody, families, human rights, Islam, news, religious discrimination, tribunals by sally

“This case concerns a hitherto little-explored aspect of the right to a private and family life: a parent’s opportunity to teach their offspring about their own religious faith.”

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UK Human Rights Blog, 20th July 2013

Source: www.ukhumanrightsblog.com

International Human Rights Breaches – State Accountability v State Immunity – UCL / Bindman Debate

Posted July 19th, 2013 in human rights, international law, news, state immunity by sally

“Panel includes:
Prof. Eileen Denza CMG;
Omar Deghayes, Cageprisoners, former Guantanamo prisoner;
Ben Emmerson QC, Matrix Chambers; and
Julian Knowles QC, Matrix Chambers

Chair:
Professor Geraldine Van Bueren QC, Queen Mary’s College, London”

Video now available

UCL / Bindman Debate, 19th June 2013

Source www.ucl.ac.uk

The Azelle Rodney inquiry and Article 2 – Garden Court Chambers Blog

Posted July 19th, 2013 in firearms, homicide, human rights, inquiries, news, police by sally

“Leslie Thomas considers the recent Azelle Rodney inquiry and the impact on matters relating to Article 2.”

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Garden Court Chambers Blog, 18th July 2013

Source: www.gclaw.wordpress.com

Appeal court criticises SRA as it raises possibilty of more time to challenge interventions – Legal Futures

Posted July 19th, 2013 in appeals, human rights, news, Solicitors Regulation Authority, time limits by sally

“There may be circumstances in which the eight-day period solicitors have to challenge interventions into their practices should be extended, the Court of Appeal has suggested.”

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Legal Futures, 19th July 2013

Source: www.legalfutures.co.uk

Scott Stephenson: The Future of Rights Reform in the Age of the Referendum – UK Constitutional Law Group

Posted July 18th, 2013 in bills, constitutional reform, human rights, news, referendums by tracey

“In the last fortnight, two major pieces of constitutional reform returned to the political agenda. The House of Commons considered Conservative MP James Wharton’s private Member’s Bill that would provide for a referendum on whether the UK should remain a member of the EU. The Bill, according to Prime Minister David Cameron, will have ‘the full support of the Conservative Party’. Several days later, senior members of the Conservative Party made statements indicating that the Party would make ‘wholesale changes’ to the country’s system of human rights protection if it obtains a majority in Parliament at the next election. Proposed changes include repeal of the Human Rights Act and withdrawal from the European Convention on Human Rights. In this post, I consider whether the former might have implications for the latter—whether the rise of the referendum could and/or should affect the future of rights reform in the UK.”

Full story

UK Constitutional Law Group, 17th July 2013

Source: www.ukconstitutionallaw.org

Home Office asks Supreme Court to make landmark privacy ruling – The Independent

Posted July 17th, 2013 in criminal records, disclosure, employment, human rights, news, privacy, sexual offences, Supreme Court, vetting by sally

“Government lawyers want to overturn decision that criminal records vetting system breaches human rights.”

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The Independent, 14th July 2013

Source: www.independent.co.uk

Kapri v Lord Advocate (representing the Government of the Republic of Albania) – WLR Daily

Posted July 17th, 2013 in appeals, corruption, devolution, extradition, human rights, jurisdiction, law reports, news, Scotland, trials by sally

Kapri v Lord Advocate (representing the Government of the Republic of Albania) [2013] UKSC 48; [2013] WLR (D) 281

“An arrested person who resisted extradition on the basis that there was systemic corruption in the judicial system in the requesting country did not necessarily have to point to particular facts or circumstances affecting his case since such corruption affected everyone who was subjected to it and it was impossible to say that any individual who was returned to such a system would receive the right to a fair trial within article 6 of the Convention.”

WLR Daily, 10th July 2013

Source: www.iclr.co.uk

Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department – WLR Daily

Posted July 16th, 2013 in families, human rights, immigration, law reports, proportionality, regulations by sally

Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin); [2013] WLR (D) 280

“When applied to either recognised refugees or British citizens Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance to a party to a marriage where the income of the sponsor did not meet the minimum threshold, was a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Lady Hale gives the Alison Weatherfield Memorial Lecture at the Employment Lawyers Association – Supreme Court

Posted July 16th, 2013 in belief discrimination, defences, disability discrimination, human rights, judges, news, race discrimination, religious discrimination, sex discrimination, sexual orientation discrimination, speeches by sally

Lady Hale gives the Alison Weatherfield Memorial Lecture at the Employment Lawyers Association (PDF)

Supreme Court, 10th July 2013

Source: www.supremecourt.gov.uk

No witness immunity for the Forensic Science Service – UK Human Rights Blog

Posted July 16th, 2013 in appeals, deceit, human rights, immunity, negligence, news, witnesses by sally

“There was evidence in this case that employees of the Forensic Science Service had altered the exhibit numbers on the evidence in question, possibly to cover up their mistake.”

Full story

UK Human Rights Blog, 15th July 2013

Source: www.ukhumanrightsblog.com

The impact of the revocation of the temporary stop notice regulations on Gypsies and Travellers: the road to nowhere – Garden Court Chambers Blog

Posted July 16th, 2013 in human rights, local government, news, planning, race discrimination, regulations, travellers by sally

“Marc Willers examines why changes to temporary stop notice provisions risk forcing Gypsies and Travellers onto the roadside.”

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Garden Court Chambers Blog, 15th July 2013

Source: www.gclaw.wordpress.com

Global Torch Ltd v Apex Global Management Ltd and others; Apex Global Management Ltd v Fi Call Ltd and others – WLR Daily

Posted July 15th, 2013 in documents, freedom of expression, human rights, law reports, news, privacy, private hearings, public interest by sally

Global Torch Ltd v Apex Global Management Ltd and others; Apex Global Management Ltd v Fi Call Ltd and others [2013] EWCA Civ 819; [2013] WLR (D) 276

“The court would only depart from open justice if strictly necessary. An application to depart from the principle of open justice would fall to be decided by reference to established principles, whether the proceedings were at an interim or final stage. A significant erosion of the open justice principle could not be justified where adequate protection existed in the form of vindication of the innocent through the judicial process to trial. The public airing of allegations which might embarrass a litigant was not a good reason to close the doors of the court.”

WLR Daily, 10th July 2013

Source: www.iclr.co.uk

Privacy campaigners demand review of snooping laws – The Guardian

Posted July 15th, 2013 in bills, data protection, human rights, intelligence services, interception, internet, interpretation, investigatory powers, news, privacy, telecommunications, whistleblowers by sally

“Seven of the UK’s leading human rights groups and privacy campaigners have demanded an urgent review of the laws being used to authorise the mass collection and analysis of data by Britain’s spy centre, GCHQ.”

Full story

The Guardian, 14th July 2013

Source: www.guardian.co.uk

Sea fishing, quotas and A1P1: “no-one owns the sea” – UK Human Rights Blog

Posted July 12th, 2013 in EC law, fisheries, human rights, news, quotas by tracey

“The UK Association of Fish Producer Organisations v. Secretary of State for Environment, Food and Rural Affairs, Cranston J, 10 July 2013. Interesting alignment of parties in this challenge to Defra’s new system of allocating fish quota brought by an industry body (UKAFPO), in practice representing the larger fishing fleet – vessels over 10 metres in length – Defra was supported by Greenpeace (how often does that happen?), and by the New Under Ten Fishermen’s Association. And this was because Defra had transferred some fishing quota from the larger to the smaller fishing fleet, namely those under 10 metres in length who fish inshore waters.”

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UK Human Rights Blog, 11th July 2013

Source: www.ukhumanrightsblog.com

Sacked chief constables could launch human rights claim, says watchdog – Daily Telegraph

Posted July 12th, 2013 in human rights, local government, news, police, proportionality, unfair dismissal by tracey

“Chief constables who are forced out of their jobs by police and crime commissioners could launch claims under the European Convention on Human Rights, a watchdog has said.”

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Daily Telegraph, 11th July 2013

Source: www.telegraph.co.uk

CoA rejects Saudi bid to have case held in camera – The Lawyer

Posted July 11th, 2013 in appeals, human rights, news, private hearings, royal family by sally

The Court of Appeal has refused to quash an order preventing two Saudi princes from having their case heard behind closed doors.

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The Lawyer, 10th July 2013

Source: www.thelawyer.com

Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) – Supreme Court

Posted July 11th, 2013 in appeals, extradition, human rights, law reports, murder, Scotland, Supreme Court, trials by sally

Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) [2013] UKSC 48 | UKSC 2012/0192 (YouTube)

Supreme Court, 10th July 2013

Source: www.youtube.com/user/UKSupremeCourt

Hundreds of killers could exploit new human rights ruling – Daily Telegraph

Posted July 11th, 2013 in human rights, murder, news, sentencing by sally

“The European court’s controversial ruling on the Jeremy Bamber case could open the floodgates for hundreds of killers to launch legal challenges on the grounds their sentences are unfair, leading human rights experts have said.”

Full story

Daily Telegraph, 10th July 2013

Source: www.telegraph.co.uk