“The High Court – including the new Chief Coroner – has held that the enhanced investigative duty under Article 2, the right to life, is not engaged in an inquest into the death of a 14 year old boy, despite ‘many missed opportunities’ for intervention by social services being identified.”
UK Human Rights Blog, 14th November 2012
Source: www.ukhumanrightsblog.com
“The European Court of Human Rights yesterday handed down a Chamber judgment in M.M. v United Kingdom (Application no. 24029/07) declaring that the arrangements for the indefinite retention of data relating to a person’s caution in a criminal matter and for the disclosure of such data in criminal record checks infringe Article 8 of the ECHR. Although the Court recognised that there might be a need for a comprehensive record of data relating to criminal matters, the indiscriminate and open-ended collection of criminal record data was unlikely to comply with Article 8 in the absence of clear and detailed statutory regulations clarifying the safeguards applicable and governing the use and disposal of such data, particularly bearing in mind the amount and sensitivity of the data.”
Panopticon, 14th November 2012
Source: www.panopticonblog.com
“Former lord chancellor suggests the human rights court will be the architect of its own demise as the former president recalls its achievements.”
The Guardian, 14th November 2012
Source: www.guardian.co.uk
“Earlier today [13 November], Abu Qatada was released from Long Lartin prison following his successful appeal before the Special Immigration Appeal’s Commission (SIAC). Qatada was challenging the decision to deport him to Jordan, where he faces a retrial for alleged terrorism offences.”
UK Human Rights Blog, 13th November 2012
Source: www.ukhumanrightsblog.com
“People with minor criminal records may not have them disclosed to potential employers in future after the European Court of Human Rights condemned the lack of scope for discretion in Britain’s current vetting system.”
Daily Telegraph, 13th November 2012
Source: www.telegraph.co.uk
“A person may not appeal against an immigration decision from within the United Kingdom in reliance on section 92(4)(a) of the Nationality, Immigration and Asylum Act 2002 unless he made a human rights claim or an asylum claim to the Secretary of State before instituting the appeal; where the claim is made for the first time in the notice of appeal, it is open to the First-tier Tribunal itself to take the jurisdictional point.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
“Today, I talk with Carl Gardner, ex government lawyer and author of the Head of Legal blog about the SIAC Abu Qatada decision and the wider implications for our society if we do not continue to uphold the Rule of Law – no matter how inconvenient it may be for politicians.”
Charon QC, 13th November 2012
Source: www.charonqcuklawtour.com
“Appeal judges have overturned an order banning a voyeur from surfing the internet, saying it is ‘entirely unreasonable’ for anyone to be denied web access in today’s Britain.”
Daily Telegraph, 13th November 2012
Source: www.telegraph.co.uk
“Secret court hearings should protect only the identity of UK intelligence officers, their sources and security material provided by foreign allies, a critical parliamentary report warns.”
The Guardian, 13th November 2012
Source: www.guardian.co.uk
Iida v Stadt Ulm (Case C-40/11); [2012] WLR (D) 315
“A third-country national could only derive a right of residence from a European Union citizen in those instances provided for in Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), unless there was another connection with European Union provisions on citizenship.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
“The radical Islamist cleric Abu Qatada has won his latest legal challenge against being sent back to Jordan where he faces allegations of plotting bomb attacks.”
The Guardian, 12th November 2012
Source: www.guardian.co.uk
“Lorraine Allen is an unlikely crusader for justice. The 43-year-old grandmother wants the world to forget that she was wrongly accused of killing her baby and leave her to get on with life. But first she needs the authorities to accept that she was wrongly convicted and make amends. That could happen this week when Europe’s highest court for human rights hears Mrs Allen’s plea for compensation 12 years after she was wrongfully imprisoned for shaking her four-month-old son to death.”
The Independent, 11th November 2012
Source: www.independent.co.uk
Do Human Rights Make Bad Citizens? (PDF)
Lord Justice Laws
Northumbria University, Inaugural Lecture 2012
Source: www.judiciary.gov.uk
“The treatment of 17-year-old suspects in police stations could be transformed if a legal challenge against the Home Office succeeds in overturning detention rules.”
The Guardian, 11th November 2012
Source: www.guardian.co.uk
“Whether a soldier on the battlefield has the right to life is to be debated by the highest court in the UK in a landmark case that is likely to have major ramifications for the armed forces, The Independent has learned.”
The Independent, 10th November 2012
Source: www.independent.co.uk
“Terror suspect Abu Qatada will find out on Monday if he is to be deported to Jordan to face trial.”
The Guardian, 12th November 2012
Source: www.guardian.co.uk
“Seven fresh claims for damages involving highly sensitive national security evidence have been made in the past year, the government has revealed. Three cases have been settled confidentially.”
The Guardian, 12th November 2012
Source: www.guardian.co.uk
JSC BTA Bank v Ablyazov: [2012] EWCA Civ 1411; [2012] WLR (D) 308
“The court had jurisdiction to make an order barring a defendant, who had absconded following his committal for contempt, from defending the claims against him unless within a stated period he both surrendered to custody and made proper disclosure of all his assets and dealings with them.”
WLR Daily, 6th November 2012
Source: www.iclr.co.uk
“Smith & Ors v The Ministry of Defence [2012] EWCA Civ 1365
Last month, the Court of Appeal decided that the negligence claims of the families of five British soldiers killed on duty in Iraq could go ahead. It would be for the High Court to decide on the facts whether decisions made about troops’ equipment and training fell within the long-standing doctrine of ‘combat immunity’. The appellants were however unsuccessful in arguing that the Human Rights Act 1998 (HRA) applied.“
UK Human Rights Blog, 9th November 2012
Source: www.ukhumanrightsblog.com
“The Court of Appeal has handed down judgement in a case that will probably come to characterise the operation of Article 8 in the daily life of the County Courts.”
NearlyLegal, 9th November 2012
Source: www.nearlylegal.co.uk/blog/
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