Ferdinand v MGN – a “Kiss n’ Tell” public interest defence succeeds – Lorna Skinner – UK Human Rights Blog

“In the first ‘misuse of private information’ trial against a newspaper since Max Mosley in 2008, Mr Justice Nicol dismissed a claim brought by England and Manchester United footballer Rio Ferdinand against the Sunday Mirror.”

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UK Human Rights Blog, 2nd October 2011

Source: www.ukhumanrightsblog.com

Home Secretary May ‘wants Human Rights Act scrapped’ – The Independent

Posted October 3rd, 2011 in human rights, news by sally

“Home Secretary Theresa May risked angering Liberal Democrat Cabinet colleagues today by throwing her weight behind calls for the Human Rights Act to be scrapped.”

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The Independent, 2nd October 2011

Source: www.independent.co.uk

Detention of mentally ill foreign national violated Convention rights – Daniel Sokol – UK Human Rights Blog

Posted September 29th, 2011 in deportation, detention, human rights, mental health, news by sally

“The High Court has found that the Secretary of State unlawfully detained a mentally ill foreign national who was awaiting deportation. By failing to notify the claimant of the deportation order in good time or to follow the Home Office’s own published policies on the detention of mentally ill persons, and by detaining the claimant in degrading conditions, the Secretary of State had breached Article 3 (prohibition of inhuman and degrading treatment) and Article 5 (right to liberty and security of person) of the Convention.”

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UK Human Rights Blog, 29th September 2011

Source: www.ukhumanrightsblog.com

Strict liability for offence of under-age sex does not offend presumption of innocence – UK Human Rights Blog

Posted September 29th, 2011 in age of consent, human rights, news, sexual offences, strict liability by sally

“The Strasbourg Court has rejected as manifestly ill-founded a complaint that the offence of strict liability for rape of a child under 13 violated the right to a presumption if innocence under Article 6 and respect for private life under Article 8.”

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UK Human Rights Blog, 28th September 2011

Source: www.ukhumanrightsblog.com

Max Mosley loses privacy law appeal bid – The Independent

Posted September 28th, 2011 in appeals, freedom of expression, human rights, media, news, privacy by sally

“Human rights judges have rejected an appeal by ex-Formula One boss Max Mosley against his failed bid to force a change in UK privacy laws.”

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The Independent, 27th September 2011

Source: www.independent.co.uk

Prison ‘slopping out’ case goes to high court – The Guardian

Posted September 27th, 2011 in human rights, news, prisons by sally

“The Prison Service is fighting a legal case that could force the government to spend millions of pounds upgrading old jails.”

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The Guardian, 26th September 2011

Source: www.guardian.co.uk

Deporting prisoners: efficacy of the prison system – Halsbury’s Law Exchange

Posted September 26th, 2011 in deportation, human rights, news, rape by sally

“The European Court of Human Rights has held in AA v United Kingdom (no. 8000/08) that a young Nigerian man cannot be deported back to his country of birth after serving almost half of a four year sentence for the rape of a 13-year-old girl. The applicant was 15 at the time of the offence, and had shown exemplary conduct during his time in custody and beyond, studying for his A levels and completing undergraduate and postgraduate degrees. However the government had argued that the applicant had been involved in luring the victim, showing a degree of planning and sophistication, and pointed out that his original plea of not guilty had forced the victim to relive the ordeal at trial. Some may feel that the seriousness of the crime warranted automatic deportation after the completion of sentence, and provision is made for this in the UK Borders Act 2007.”

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Halsbury’s Law Exchange, 22nd September 2011

Source: www.halsburyslawexchange.co.uk

Reforming the ECHR: hostility surrounding deportation ruling – Halsbury’s Law Exchange

Posted September 22nd, 2011 in courts, human rights, news by tracey

“In the news this week: the publication of interim advice to government by the independent Commission on a Bill of Rights, on the reform of the European Court of Human Rights. Also in the news this week: the ruling by that same court that the UK cannot deport a young Nigerian who was convicted of rape in 2002. Moves for his deportation began in 2003; the long fight against it has now ended.”

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Halsbury’s Law Exchange, 22nd September 2011

Source: www.halsburyslawexchange.co.uk

Rehashing old ideas? A response to the Bill of Rights Commission’s proposals – UK Human Rights Blog

Posted September 22nd, 2011 in courts, human rights, news, reports by tracey

“As we recently posted, the UK Commission on a Bill of Rights has published its interim advice to Government on reform of the European Court of Human Rights. The Commission made recommendations to achieve the ‘effective functioning of the Court over the long term’, following which Joshua Rozenberg stated that ‘everybody now agrees on the need for fundamental reform. It has to happen. And it will.’ But if there is such agreement, can the Commission’s recommendations produce any meaningful reform? Or do the proposals simply rehash old ideas?”

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UK Human Rights Blog, 20th September 2011

Source: http://ukhumanrightsblog.com

Phone-hacking inquiry judge is right to investigate behaviour of the media’s ‘good guys’ – The Guardian

“What is Lord Justice Leveson up to? The judge heading the phone-hacking inquiry is currently planning a series of public seminars on the relationship between the press and the public. Is he right to seek evidence about internal rules in such august institutions as the Guardian and the BBC? Or should he confine himself, as some critics are saying, to investigating the misbehaviour of the tabloid press and the police?”

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The Guardian, 21st September 2011

Source: www.guardian.co.uk

UK cannot deport Nigerian man convicted of rape, European court rules – The Guardian

Posted September 20th, 2011 in deportation, human rights, news, rape, rehabilitation by tracey

“The Home Office’s ability to deport individuals who have committed crimes may be curtailed by a European court judgment banning the removal of a Nigerian man convicted of rape.”

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The Guardian, 20th September 2011

Source: www.guardian.co.uk

Human rights and the Official Secrets Act – The Guardian

Posted September 19th, 2011 in human rights, media, news, official secrets act by tracey

“Can the seminal Shayler case help the Guardian as the Met tries to force one of its journalists to reveal her sources?”

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The Guardian, 19th September 2011

Source: www.guardian.co.uk

Ken Clarke is right – the European court of human rights needs reform – The Guardian

Posted September 15th, 2011 in constitutional reform, courts, human rights, news by tracey

“There is ‘not the faintest chance’ of the government withdrawing from the European convention on human rights, Ken Clarke told the Commons on Tuesday. But that does not mean the justice secretary is happy about the court in Strasbourg that has ultimate responsibility for enforcing the convention.”

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The Guardian, 14th September 2011

Source: www.guardian.co.uk

Bid to exempt Trafigura-type claims from reform fails – Law Society’s Gazette

Posted September 15th, 2011 in bills, civil justice, fees, human rights, legal aid, news by tracey

“Conservative and Liberal Democrat MPs have rejected an amendment to legislation that would exempt claims brought by foreigners against UK multinationals from civil litigation reforms. The Public Bill Committee debated the amendment to the Legal Aid, Punishment of Offenders and Sentencing Bill, tabled by Labour MP Kate Green, yesterday.”

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Law Society’s Gazette, 14th September 2011

Source: www.lawgazette.co.uk

Kettled British woman takes case to European court of human rights – The Guardian

Posted September 14th, 2011 in demonstrations, detention, human rights, news, police by tracey

“A case that will decide the legality of the police containment tactic of kettling is to be heard at the European court of human rights in Strasbourg later.”

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The Guardian, 14th September 2011

Source: www.guardian.co.uk

Immigration Rules should not be bent to favour right to family life – UK Human Rights Blog

Posted September 13th, 2011 in appeals, human rights, immigration, news by tracey

“The Court of Appeal has confirmed that Article 8 of the Convention need not necessarily be considered when deciding whether to grant an applicant indefinite leave to remain. The Immigration Rules the are the sole test of eligibility, and Article 8 cannot be used to modify them. They should therefore be read according to their natural and ordinary meaning.”

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UK Human Rights Blog, 13th September 2011

Source: http://ukhumanrightsblog.com

Bill of Rights Commission publishes advice (and squabbles) on European Court of Human Rights reform – UK Human Rights Blog

Posted September 9th, 2011 in constitutional law, constitutional reform, human rights, news by tracey

“The Commission on a Bill of Rights has published its interim advice to Government on reform of the European Court of Human Rights. It has also published a letter to ministers on reform of the Court.”

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Interim advice

UK Human Rights Blog, 9th September 2011

Source: http://ukhumanrightsblog.com

Ministers ‘could get powers to overrule European Court of Human Rights’ – The Guardian

Posted September 9th, 2011 in human rights, ministers' powers and duties, news by tracey

“The European Court of Human Rights could have its powers downgraded by handing ministers across the continent the right to strike down rulings under plans being examined by the British government. A commission set up by the government to examine reforms to the Strasbourg-based ECHR has floated the idea of handing ministers and parliamentarians on the Council of Europe the right to override rulings of the court.”

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The Guardian, 9th September 2011

Source: www.guardian.co.uk

Schoolchildren lose police ‘kettling’ case – BBC News

Posted September 8th, 2011 in children, demonstrations, human rights, news, police by sally

“The Metropolitan Police acted lawfully when they ‘kettled’ three teenagers during the tuition fee protests in London, the High Court has ruled.”

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BBC News, 8th September 2011

Source: www.bbc.co.uk

Anti-terrorism powers for a rainy day – UK Human Rights Blog

“Next week will mark the 10th anniversary of the 11 September 2001 terrorist attacks. Despite the intervening decade, the states threatened by terrorism are still puzzling out the right balance between the powers of security services and the rights of suspected terrorists to due process.”

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UK Human Rights Blog, 4th September 2011

Source: www.ukhumanrightsblog.com