“The Court of Human Rights has a bad press in Britain – but for thousands of desperate people it is their last shot at justice.”
The Independent, 14th January 2013
Source: www.independent.co.uk
“Bristol City Council v C and others [2012] EWHC 3748 (Fam). This was an application for a reporting restriction order arising out of care proceedings conducted before the Bristol Family Proceedings Court. The proceedings themselves were relatively straightforward but, in the course of the hearing, information came to light which gave rise to concerns of an ‘unusual nature’, which alerted the interest of the press.”
UK Human Rights Blog, 13th January 2013
Source: www.ukhumanrightsblog.com
“We [Philippe Sands and Helena Kennedy] were appointed to the Commission on a Bill of Rights in March 2011 by Nick Clegg. The circumstances were not auspicious, and we were concerned from the outset that our composition – all white, almost all male, almost all lawyers and London-based – would undermine our ability to speak with any legitimacy. The Conservatives had come into government committed to tearing up the Human Rights Act, an early product of the previous Labour government seen by many of the new government’s Tory supporters (and some in the media) as little more than a charter for foreign terrorists and local criminals. The Liberal Democrats, on the other hand, strongly supported the Act and the provisions of the European Convention on Human Rights that it introduced into UK law. There were eight members, under the chairmanship of Leigh Lewis, a retired senior civil servant who was hopeful that we might exceed the miserably low expectations of most commentators and come up with something useful.”
London Review of Books, 3rd January 2013
Source: www.lrb.co.uk
“In this unsuccessful application for permission to apply for judicial review, the Claimant sought to challenge the Defendant’s reported policy of permitting GCHQ employees to pass intelligence to the US for the purposes of drone strikes in Pakistan. The Claimant’s father was killed during such an attack in March 2011.”
UK Human Rights Blog, 9th January 2013
Source: www.ukhumanrightsblog.com
“On the one hand the former Lord Chancellor Ken Clarke declared London’s courts to be among the best of British exports, while on the other the Ministry of Justice (MoJ) tore up the legal aid budget. Then there was the proposed crackdown on judicial reviews, while the personal injury sector has seen its business model declared dead, with no detail on an alternative forthcoming.”
The Lawyer, 7th January 2013
Source: www.thelawyer.com
“On 11 December 2012 Mr Justice Mostyn handed down judgment in J Council v GU and others [2012] EWHC 3531 (COP) approving arrangements aimed at safeguarding the Article 8 (private and family life) rights of a 57 year old man detained under the Mental Capacity Act 2005 in a private care home. At seven pages, the judgment was admirably concise.”
UK Human Rights Blog, 7th January 2013
Source: www.ukhumanrightsblog.com
“Don’t be fooled! We have been led to believe there was a two-way split on the government-appointed Bill of Rights Commission, which published its report on Tuesday, but the split was at least three-way. The Commissioners tell us that ‘it [was] not always easy to disentangle in the opinions expressed to [them] what are tactical positions rather than fundamental beliefs’. The same must surely be said of the report’s seven ‘majority’ authors.”
UK Human Rights Blog, 20th December 2012
Source: www.ukhumanrightsblog.com
“Exiled Chagos Islanders living in Britain and Mauritius have said they are ‘dumbstruck’ by a European court ruling that it has no jurisdiction to examine their forced expulsion by the British government in the 1960s”
The Guardian, 20th December 2012
Source: www.guardian.co.uk
Kinloch v HM Advocate: [2012] UKSC 62; [2012] WLR (D) 385
“Since unauthorised police surveillance of a person engaged in criminal activity in public places did not infringe that person’s right to respect for his private life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Lord Advocate, in adducing evidence obtained by means of such unauthorised surveillance at the trial of that person, had not acted incompatibly with his right to a fair trial under article 6(1) of the Convention, and had accordingly acted within his powers under section 57(2) of the Scotland Act 1998, as amended. However, the question whether the police had acted incompatibly with a Convention right was not a devolution issue within paragraph 1(d) of Schedule 6 to the Scotland Act 1998 and therefore could not be determined under the Supreme Court’s devolution jurisdiction.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
Mastafa v Her Majesty’s Treasury: [2012] EWHC 3578 (Admin); [2012] WLR (D) 383
“An appeal brought under section 26 of the Terrorist Asset-Freezing etc Act 2010 involved the determination of the appellant’s ‘civil rights’ for the purposes of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”
WLR Daily, 13th December 2012
Source: www.iclr.co.uk
“There is a rather odd case note on Lawtel on a High Court appeal of a dismissed defence to possession following an apparently failed succession…
Evans v Brent London Borough Council QB (Ramsey J) 18/12/2012 [note of extempore judgment on Lawtel].”
NearlyLegal, 19th December 2012
Source: www.nearlylegal.co.uk/blog/
“There is nothing surprising in the conclusion formed by the majority of the Commission on the Bill of Rights in their report, issued yesterday. A majority favours replacing the Human Rights Act 1998 (HRA) with a Bill of Rights for the UK, as the means of securing the most effective compliance by this country with its obligations under the Human Rights Convention.”
Halsbury’s Law Exchange, 19th December 2012
Source: www.halsburyslawexchange.co.uk
“Education lawyers cannot ignore the European Convention of Human Rights. The ‘right to education’ is enshrined in Article 2 of the First Protocol to the Convention, and other Convention rights are often in play when education decisions need to be made. In this paper, we examine in detail the content of Article 2 of the First Protocol, and highlight the other Convention rights that frequently feature in education cases.”
Full story (PDF)
11 KBW, November 2012
Source: www.11kbw.com
“The Commission on a Bill of Rights has reported, just in time for its end-of-2012 deadline. The documents are here: News release ; Volume 1 ; Volume 2.”
UK Human Rights Blog, 18th December 2012
Source:www.ukhumanrightsblog.com
“Tory attempts to undermine the act threaten an expensive assault on the freedoms of the British public.”
The Guardian, 18th December 2012
Source: www.guardian.co.uk
“Commissioners Lady Kennedy and Philippe Sands’ concerns are important, but are unlikely to impact the justice minister’s desire to withdraw from the European convention.”
The Guardian, 18th December 2012
Source: www.guardian.co.uk
“The Commission on a Bill of Rights, established in March 2011 to investigate the creation of a UK Bill of Rights, has today delivered its report – A UK Bill of Rights? – The Choice Before Us – to the Government.”
Ministry of Justice, 18th December 2012
Source: www.justice.gov.uk
Related links: The Commission on a Bill of Rights’ report– A UK Bill of Rights? – The Choice Before Us – Volume 1 (PDF)
The Commission on a Bill of Rights’ report– A UK Bill of Rights? – The Choice Before Us – Volume 2 (PDF)
“The coalition government will come under fresh strain on Tuesday when the commission on a bill of rights publishes its long-awaited report, reopening the question of the UK’s legal relationship with Europe.”
The Guardian, 17th December 2012
Source: www.guardian.co.uk
“The identity of a third party and the allegations of sexual abuse which she made in confidence against the father of a child who was the subject of contact proceedings would be disclosed in those proceedings since to do so would not violate her right to protection from inhuman or degrading treatment under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and would be a proportionate interference with her right to respect for her private life under article 8, since it was justified by the need to protect the parents’ and child’s rights to a fair trial and respect for their family life, guaranteed by articles 6 and 8 of the Convention.”
WLR Daily, 12th December 2012
Source: www.iclr.co.uk
“This week David Cameron announced plans to introduce whole genome mapping for cancer patients and those with rare diseases within the NHS.”
UK Human Rights Blog, 12th December 2012
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