“MPs will vote on Monday on the final form of the government’s justice and security bill, which radically expands the use of so-called secret courts.”
The Guardian, 3rd March 2013
Source: www.guardian.co.uk
“An alliance of more than 100 human rights groups, legal experts and free press campaigners has called on MPs to vote against government plans for ‘secret courts’ – branding them “a charter for cover-ups” that will seriously undermine the principles of British justice.”
The Guardian, 3rd March 2013
Source: www.guardian.co.uk
“Chris Grayling, the Justice Secretary, has revealed he wants to ban prisoners
from having access to costly fertility treatment from behind bars.”
Daily Telegraph, 28th February 2013
Source: www.telegraph.co.uk
Melloni v Ministerio Fiscal (Case C-399/11); [2013] WLR (D) 83
“Article 4a(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (as amended by Council Framework Decision 2009/299/JHA of 26 February 2009) precluded the executing judicial authorities, in the circumstances specified in that provision, from making the execution of a European arrest warrant, issued for the purposes of executing a sentence, conditional upon the conviction rendered in absentia being open to review in the issuing member state. Article 4a(1) of Framework Decision 2002/584 was compatible with the requirements under articles 47 and 48(2) of the Charter of Fundamental Rights of the European Union. Article 53 of the Charter did not allow a member state to make the surrender of a person convicted in absentia conditional upon the conviction being open to review in the issuing member state, in order to avoid an adverse effect on the right to a fair trial and the rights of the defence guaranteed by its constitution.”
WLR Daily, 26th February 2013
Source: www.iclr.co.uk
“The country’s most senior immigration judge has openly defied the Home Secretary by insisting that Parliament’s attempt to get tough on human rights abuses by foreign criminals is outweighed by the European Court.”
Daily Telegraph, 23rd February 2013
Source: www.telegraph.co.uk
Regina (KA) v Essex County Council [2013] EWHC 43 (Admin); [2013] WLR (D) 60
Where an illegal entrant had been refused leave to remain but nevertheless had a substantive claim under the Convention for the Protection of Human Rights and Fundamental Freedoms, for example to a family or private life in this country, that would found an appeal against removal directions if made, it was necessary in for a local authority to consider whether, on the facts, support should be provided under the Children Act 1989 in order to avoid a breach of those rights as part of the procedural protection afforded by the Convention.
WLR Daily, 18th January 2013
Source: www.iclr.co.uk
The constitutional right of access to the courts was properly to be understood as a duty owed by the state not to place obstacles in the way of access to justice, and did not entail a positive duty to seek out and notify individuals with potential claims against the state; nor was there anything in the Strasbourg jurisprudence on articles 3, 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to justify the imposition of such a duty.
WLR Daily, 6th February 2013
Source: www.iclr.co.uk
“British soldiers have the right, enshrined in European human rights law, to expect the government to take all reasonable steps to prevent them getting killed, the supreme court heard on Monday, in a case with profound implications for military commanders and their conduct of future operations.”
The Guardian, 18th February 2013
Source: www.guardian.co.uk
“The Home Secretary, Theresa May, is no stranger to ill-founded outbursts concerning the evils of human rights. Against that background, her recent article in the Mail on Sunday (to which Adam Wager has already drawn attention) does not disappoint. May’s ire is drawn by certain recent judicial decisions in which the deportation of foreign criminals has been ruled unlawful on the ground that it would breach their right to respect for private and family life under Article 8 of the European Convention on Human Rights. Some of these judgments, May contends, flout instructions issued to judges by Parliament about how such cases should be decided.”
UK Human Rights Blog, 18th February 2013
Source: www.ukhumanrightsblog.com
“Laws restricting civil partnerships to gay couples discriminate against heterosexuals, four straight couples are to argue in a landmark challenge at the European Court of Human Rights.”
Daily Telegraph, 16th February 2013
Source: www.telegraph.co.uk
“Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.”
Family Law Week, 13th February 2013
Source: www.familylawweek.com
“The UK Border Agency is under attack for ignoring demands from a cross-party Commons committee and the chief inspector of prisons to stop its ‘inhumane’ treatment of some deportees.”
The Guardian, 16th February 2013
Source: www.guardian.co.uk
“The home secretary, Theresa May, has accused judges of ‘subverting’ British democracy and making the streets of Britain more dangerous by ignoring rules aimed at deporting more foreign criminals.”
The Guardian,
Source: www.guardian.co.uk
“On 29 January the Chamber of the European Court of Human Rights held that convicted rapist Samuel Betteridge’s Article 5(4) rights had been breached due to delays in his cases being considered by the Parole Board, and awarded him damages for his ‘frustration’.”
UK Human Rights Blog, 15th February 2013
Source: www.ukhumanrightsblog.com
“Equality and Human Rights Commission has published new guidance today to help employers and employees deal with the expression of religion or belief at work and avoid conflict and costly court cases.”
14th February 2013
Source: www.equalityhumanrights.com
“This decision upholding an award of damages for a claim under Article 1 Protocol 1 (right to possessions) may seem rather straightforward to a non-lawyer. Infinis lost out on some subsidies because the regulator misunderstood a complex legal document. It could not claim those subsidies any more, so it claimed and got damages from the regulator. But the relatively novel thing is that English law does not generally allow claims for damage caused by unlawful action by the state. And yet the Court of Appeal found it easy to dismiss the regulator’s appeal on this point.”
UK Human Rights Blog, 13th February 2013
Source: www.ukhumanrightsblog.com
Rummun v State of Mauritius [2013] UKPC 6; [2013] WLR (D) 53
“Where there had been substantial delay in a criminal trial it was the duty of the court, whether at sentence or on appeal and whether or not the matter had been raised by the defence, to examine the possibility of there having been a breach of the defendant’s right to a fair trial within a reasonable time, and if so whether that should influence the sentence to be imposed. The court should consider the factors which had caused the delay, including the responsibility of the defendant for any delay, but was to exercise caution in respect of any decision by him to contest the case on grounds which proved to be unfeasible, since a defendant to a criminal charge was entitled to put the prosecuting authorities to proof of his guilt.”
WLR Daily, 7th February 2013
Source: www.iclr.co.uk
“Lindsay Sandiford, the British woman sentenced to death for smuggling just under five kilos of cocaine into Bali, has obtained sufficient funds to appeal, writes Roger Smith.”
LegalVoice, 12th February 2013
Source: www.legalvoice.org.uk
“Judges should be given the ‘maximum amount of discretion’ in deciding whether or not to order a secret court hearing under the justice and security bill, Ken Clarke has told MPs and peers.”
The Guardian, 12th February 2013
Source: www.guardian.co.uk
“Ali Hussein v Secretary of State for Defence [2013] EWHC 95 (Admin) –
Collins J has dismissed a claim that the MOD’s policy of allowing interrogators to shout at a captured person in order to obtain information is unlawfully oppressive. Not only did the complaint fail but it was denounced as ‘misconceived’ and one which should never have been pursued.”
UK Human Rights Blog, 11th February 2013
Source: www.ukhumanrightsblog.com
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