“BT and TalkTalk today (10 November) won the right to a judicial review of the Digital Economy Act, throwing controversial government proposals to tackle illegal filesharing into uncertainty.”
The Guardian, 10th November 2010
Source: www.guardian.co.uk
“The right of ‘persons interested’ under section 15(1) of the Audit Commission Act 1998 to inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating to them did not stretch, on the facts, to examination of commercially sensitive material which was protected by art 1 of the First Protocol of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 2nd November 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The family of Jean Charles de Menezes has launched a new fight for justice at the European Court of Human Rights over the failure to prosecute seven police officers over the Brazilian’s shooting.”
Daily Telegraph, 28th October 2010
Source: www.telegraph.co.uk
“An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. Accordingly, s 14 of the Criminal Procedure (Scotland) Act 1995 should be read and given effect so as to preclude the admission of such evidence, unless in the particular circumstances of the case there had been compelling reasons for restricting access to a lawyer.”
WLR Daily, 26th October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Mental health patients are increasingly being locked up in hospitals without legal authority, a practice which may infringe human rights law, the health regulator said today.”
The Guardian, 27th October 2010
Source: www.guardian.co.uk
Regina (King) v Secretary of State for Justice [2010] EWHC 2522 (Admin); [2010] WLR (D) 258
“The discretion of a prison governor to decide the extent of an inmate’s basic association with his fellows did not remove from association its quality as a personal right, a right which was subject to the lawful exercise of discretion by the governor. Within the autonomous meaning afforded to civil rights by the European Court of Human Rights, a prisoner’s residual right of association was a ‘civil right’ within art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 20th October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
In re Stakefield (Midlands) Ltd and others [2010] WLR (D) 249
“A defendant to disqualification proceedings brought by the Secretary of State for Business, Enterprise and Regulatory Reform would not be entitled to have the proceedings struck out on the basis that the Secretary of State had committed a breach of duty by failing to obtain evidence or otherwise to investigate. Where, however imperfect the investigations might have been, the Secretary of State had in fact assembled evidence of a defendant’s unfitness to be concerned in the management of a company, it was for the court to determine at trial whether the Secretary of State had made out his case.”
WLR Daily, 13th October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A stand-up comedian is finally allowed to joke about his ex-wife on stage after winning a bitter legal dispute in which she tried to gag him.”
Daily Telegraph, 1st October 2010
Source: www.telegraph.co.uk
“The composer of an opera who was left bankrupt after unsuccessfully suing the London Evening Standard for libel has failed in his bid to take his case to the European Court of Human Rights.”
The Guardian, 28th September 2010
Source: www.guardian.co.uk
“The coalition government appeared to be heading for a clash with the country’s official human rights watchdog today after insisting its newly-published guidance on torture does not breach UK or international law.”
The Guardian, 27th September 2010
Source: www.guardian.co.uk
“The UK’s official human rights watchdog has warned the government that its newly published guidance on torture may be unlawful and open to challenge in the courts.”
The Guardian, 27th September 2010
Source: www.guardian.co.uk
“The Law Society warned that the Legal Services Commission’s family tender process will restrict access to justice for victims of domestic abuse, forced marriage and children, as its judicial review of the tender process began in the High Court today.”
Law Society’s Gazette, 23rd September 2010
Source: www.lawgazette.co.uk
“The European Court of Human Rights (ECHR) will this week hear claims from the British government that locking-up an emotionally disturbed young man and failing to prevent him from inflicting terrible self-harm does not merit an independent, public inquiry.”
The Independent, 12th September 2010
Source: www.independent.co.uk
“Coalition ministers are to be warned today that their current plans to overhaul counter-terrorism powers risk tacitly condoning torture and banning a wide range of political and religious groups.”
The Guardian, 19th August 2010
Source: www.guardian.co.uk
“A new government report on the implementation of European Court of Human Rights judgments has highlighted the vexed issue of the rightful place of such rulings in domestic law. Many decisions, such as on prisoner voting rights, have languished for years unimplemented and it remains to be seen whether the coalition government will do any more to fulfil its legal obligations to the thousands affected.”
The Guardian, 9th August 2010
Source: www.guardian.co.uk
“Control orders which the Secretary of State for the Home Department revoked rather than disclose the evidence on which they were made should have been quashed with effect from the dates they were made, because they were made in violation of the right to a fair trial under art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 28th July 2010
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A court of appeal ruling today cleared the way for two international terrorism suspects to claim damages for having control orders wrongly imposed on them for three and a half years.”
The Guardian, 28th July 2010
Source: www.guardian.co.uk
“New Solicitor General Edward Garnier QC MP addresses the Constitutional and Administrative Law Bar Association about the role of the Law Officers.”
Attorney General’s Office, 17th July 2010
Soruce: www.attorneygeneral.gov.uk
“The Government is proposing new rules about how courts in England and Wales deal with people accused of serious human rights violations.”
Ministry of Justice, 22nd July 2010
Source: www.justice.gov.uk
Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same [2010] WLR (D) 193
“When it was not possible to reconcile a decision of the House of Lords in relation to the proportionality and legitimacy of the indefinite retention on the United Kingdom’s Police National Computer of biometric data obtained in the course of criminal investigations with a subsequent holding by the European Court of Human Rights that the policy was unlawful, the doctrine of precedent and legal certainty demanded that the Divisional Court should follow the decision of the House of Lords, notwithstanding that both the previous government and the newly elected government of the United Kingdom had signalled their intention to amend the relevant legislation.”
WLR Daily, 19th July 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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