“Two employment cases, about Facebook and train tickets respectively, indicate the difficulties of deciding where human rights may or may not be raised in disputes between private parties – neither defendant in these cases was a public authority.”
UK Human Rights Blog, 21st November 2012
Source: www.ukhumanrightsblog.com
“The Court of Appeal has upheld the principle of whole life sentences for the most dangerous of offenders, saying it does not breach human rights.”
BBC News, 21st November 2012
Source: www.bbc.co.uk
Regina (Irfan) v Secretary of State for the Home Department [2012] EWCA Civ 1471; [2012] WLR (D) 328
“There was nothing disproportionate about a notification requirement of ten years’ duration from the date of release from imprisonment on licence even in the absence of a right of review.”
WLR Daily, 14th November 2012
Source: www.iclr.co.uk
“Five leading judges are to rule on appeals by four convicted criminals against their whole-life tariffs.”
BBC News, 21st November 2012
Source: www.bbc.co.uk
“Victims of miscarriages of justice await Lorraine Allen judgment with hope.”
The Guardian, 21st November 2012
Source: www.guardian.co.uk
“Polls suggest the public are incredulous at the idea. And, famously, we all know that it makes David Cameron physically sick.”
BBC News, 19th November 2012
Source: www.bbc.co.uk
“The Prime Minister is to ‘get a grip’ on people forcing unnecessary delays to Government policy by cracking down on the ‘massive growth industry’ of Judicial Review.”
UK Human Rights Blog, 19th November 2012
Source: www.ukhumanrightsblog.com
“Traditionally, the qualified right to peaceful possession of property conferred by Article 1 of the 1st Protocol (A1P1) has been thought of as a rather feeble entitlement, easily outweighed by public interests. After all, every day of the week, the modern state affects that right – think taxes or planning restrictions, or business bans arising out of public health concerns (e.g. see here), where removal and confiscation or restriction on what we do with property is readily accepted. Last week the Supreme Court ruled that the Proceeds of Crime Act 2002 (POCA) needs a bit of remedial HR surgery as and when its blunderbuss rules would otherwise have a disproportionate effect on those affected. But the importance of the ruling extends far beyond the specific statutory context.”
UK Human Rights Blog, 18th November 2012
Source: www.ukhumanrightsblog.com
“The government’s draft bill on prisoner voting is to be outlined by the justice secretary on Thursday, the BBC understands.”
BBC News, 18th November 2012
Source: www.bbc.co.uk
“It is being reported that Parliament will, after all, get the opportunity to decide whether the blanket ban on convicted prisoners being able to vote will be lifted. MPs could get three options to choose from, including removing the ban for prisoners serving six months or less and those serving four years or less. A third option will be to maintain the status quo, with no convicted prisoners being able to vote.”
UK Human Rights Blog, 18th November 2012
Source: www.ukhumanrightsblog.com
Regina v Waya: [2012] UKSC 51; [2012] WLR (D) 324
“The statutory object of Part 2 of the Proceeds of Crime Act 2002 was to remove from a defendant the proceeds of his crime and a confiscation order made thereunder was not intended to be an additional financial penalty similar to a fine. A confiscation order which was disproportionate to the benefit obtained by the defendant from his crime would be a violation of article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms. However section 6(5) of the 2002 Act could, pursuant to section 3 of the Human Rights Act 1998, be read and given effect in a manner which was compatible with the rights under article 1.”
WLR Daily, 24th October 2012
Source: www.iclr.co.uk
“You may have heard that the Special Immigration Appeals Commission (SIAC) decided on Tuesday that Abu Qatada, an alleged terrorist who has been detained for the best part of the last seven years awaiting deportation to his native Jordan, cannot be deported. There would be a real risk, ruled SIAC, that he would face a flagrant denial of justice in his ensuing trial.”
UK Human Rights Blog, 16th November 2012
Source: www.ukhumanrightsblog.com
“The European Court of Human Rights yesterday handed down a Chamber judgment in 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.”
UK Human Rights Blog, 15th November 2012
Source: www.ukhumanrightsblog.com
“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
© Inner Temple Library 2025