Gay couple’s hotel battle is latest case of religion clashing with human rights – The Guardian

Posted January 24th, 2011 in Christianity, human rights, news, sexual orientation discrimination by sally

“Stephen Preddy and Martyn Hall’s legal victory against a Christian hotel that refused them a double room is part of a growing trend of cases that pit faith against discrimination.”

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The Guardian, 23rd January 2011

Source: www.guardian.co.uk

Far fewer prisoners will now get the right to vote – The Guardian

Posted January 20th, 2011 in elections, human rights, news, prisons by sally

“Faced by a backbench rebellion, the government is to slash the number of prisoners to be given the right to vote, even though it is likely to increase the risk of successful compensation claims against the government in court.”

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The Guardian, 20th January 2011

Source: www.guardian.co.uk

European court deals blow to no win, no fee deals in Naomi Campbell case – The Guardian

Posted January 19th, 2011 in defamation, fees, human rights, news, privacy by sally

“The European court of human rights today (18 January) unanimously ruled that the recovery of success fees by lawyers in privacy and defamation cases represents a significant violation of freedom of expression, in a case brought by the publisher of the Daily Mirror.”

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The Guardian, 18th January 2011

Source: www.guardian.co.uk

Related link: Full judgment: Mirror Group News v UK

Desmond v Chief Constable of Nottinghamshire Police – WLR Daily

Posted January 14th, 2011 in confidentiality, criminal records, duty of care, human rights, law reports, police by sally

Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3; [2011] WLR (D) 1

“In considering whether the chief officer’s statutory obligation under s 115(7) of the Police Act 1997 to provide information to the Criminal Records Bureau on a request for an Enhanced Criminal Record Certificate (ECRC) had been carried out in a manner which, exceptionally where the relationship between claimant and defendant arose in a statutory context, gave rise to a breach of the common law duty of care towards the claimant, an important factor was the existence of other remedies such as a claim under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 13th January 2011

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.

Max Mosley’s privacy claim reaches the European court of human rights – The Guardian

Posted January 11th, 2011 in freedom of expression, human rights, injunctions, media, news, privacy by sally

“Max Mosley will appear in court today in a final attempt to change the law on privacy, in a case that could have far-reaching implications for the UK’s media.”

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The Guardian, 11th January 2011

Source: www.guardian.co.uk

Disability benefit cuts ‘could breach human rights law’ – BBC News

Posted January 10th, 2011 in benefits, disabled persons, human rights, news by sally

“New assessment tests are planned to help the government decide where to make cuts in disability benefits.”

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BBC News, 8th January 2011

Source: www.bbc.co.uk

28,000 prisoners will have right to vote – The Guardian

Posted January 6th, 2011 in elections, human rights, news, prisons by sally

“More than 28,000 prisoners are to win the right to vote, new figures showed yesterday, as David Cameron faces a growing revolt from the Tory right against the lifting of the 140-year-old ban on inmates voting in British elections.”

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The Guardian, 5th January 2011

Source: www.guardian.co.uk

Max Mosley’s privacy campaign reaches Strasbourg – The Guardian

Posted January 4th, 2011 in freedom of expression, human rights, injunctions, media, news, privacy by sally

“Max Mosley, the former president of motorsport’s governing body the FIA and winner of a famous privacy victory over the News of the World, goes to the European court of human rights next week to seek a major restraint on press freedom.”

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The Guardian, 4th January 2011

Source: www.guardian.co.uk

Britain’s anti-terror control orders condemned as ‘trademark of despots’ – The Guardian

Posted January 4th, 2011 in control orders, human rights, news, terrorism by sally

“A powerful coalition of human rights groups has intensified pressure on the government to abandon its use of control orders, as ministers continue to wrangle over whether to scrap the controversial counter-terrorism measure.”

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The Guardian, 2nd January 2011

Source: www.guardian.co.uk

Regina v Twaite – WLR Daily

Posted January 4th, 2011 in courts martial, human rights, law reports, verdicts by sally

Regina v Twaite [2010] EWCA Crim 2973; [2010] WLR (D) 342

“Majority verdicts at a hearing before a Courts Martial were not, as a matter of principle, on that account alone to be regarded as blemished by unfairness or uncertainty or lack of safety.”

WLR Daily, 22nd December 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.

R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department – WLR Daily

Posted January 4th, 2011 in forced marriages, human rights, immigration, law reports, marriage by sally

R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department [2010] EWCA Civ 1482; [2010] WLR (D) 341

“R 277 of the Statement of Changes in Immigration Rules, which prevented entry clearance to a party to a marriage where one spouse was a United Kingdom citizen and either party was aged under 21 years, was a disproportionate inhibition on family and private life and on the right to marry, guaranteed by arts 8 and 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 22nd December 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.

R (Chester) v Secretary of State for Justice and another – WLR Daily

Posted December 21st, 2010 in elections, human rights, law reports, prisons by sally

“Removing the blanket ban on prisoners’ voting in elections, which was required by decisions of the European Court of Human Rights to comply with the Convention for the Protection of Human Rights and Fundamental Freedoms, involved a controversial area of social policy. It was for the Government to decide on the appropriate amending legislation to be enacted to comply with the law. The judiciary ought not to construe existing statutes so as to confer on the courts the function of deciding whether any given prisoner should lose his vote.”

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WLR Daily, 20th December 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.

European court urged to end UK marriage ‘apartheid’ – The Guardian

Posted December 20th, 2010 in civil partnerships, homosexuality, human rights, marriage, news by sally

“Campaigners launch legal challenge in attempt to change legislation that prevents gay couples from getting married.”

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The Guardian, 19th December 2010

Source: www.guardian.co.uk

Principal Reporter v K and others – WLR Daily

Posted December 17th, 2010 in children, contact orders, human rights, law reports, parental rights, Scotland by sally

Principal Reporter v K and others [2010] UKSC 56; [2010] WLR (D) 332

“Positive procedural obligations inherent in the right to respect for family life required sufficient safeguards to be put in place so that a parent or other person whose family life with the child was at risk in the proceedings was given a proper opportunity to participate in the decision-making process.”

WLR Daily, 16th December 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.

Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs – WLR Daily

Posted December 17th, 2010 in death in custody, drug trafficking, ex turpi causa, human rights, law reports, news by sally

Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs [2010] EWCA Civ 1443; [2010] WLR (D) 331

“There were perceptible and sound policy reasons why the defence of ex turpi causa non oritur actio did not form part of the Strasbourg jurisprudence, save when the matter came to just satisfaction. To introduce it into a claim under the Human Rights Act 1998 would be to create a barrier which citizens of other member states did not face.”

WLR Daily, 16th December 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.

Tuition fees rise ‘contravenes human rights law’ – The Guardian

Posted December 16th, 2010 in fees, human rights, news, universities by sally

“Allowing universities to charge students up to £9,000 a year is contrary to human rights law, according to a legal opinion published today.”

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The Guardian, 16th December 2010

Source: www.guardian.co.uk

Student fees protest: lawyers launch legal challenge to kettling – The Guardian

Posted December 14th, 2010 in demonstrations, false imprisonment, human rights, news, police by sally

“Lawyers have launched a legal challenge to the police tactic of kettling during recent student demonstrations, claiming a breach of human rights.”

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The Guardian, 14th December 2010

Source: www.guardian.co.uk

Regina v Webster – WLR Daily

Posted December 7th, 2010 in burden of proof, corruption, human rights, law reports by sally

Regina v Webster [2010] EWCA Crim 2819; [2010] WLR (D) 216

“The reverse onus of proof which s 2 of the Prevention of Corruption Act 1916 effected on a prosecution for an offence contrary to s 1(2) of the Public Bodies Corrupt Practices Act 1889, placing on the defendant the legal burden of disproving guilt was no longer necessary and the means of imposition were unreasonable and disproportionate, and so it unjustifiably interfered with the presumption of innocence provided by art 6(2) of he Convention for the Protection of Human Rights and Fundamental Freedoms. It should therefore be read down pursuant to s 3 of the Human Rights Act 1998 so as to impose a merely evidential burden on the defendant.”

WLR Daily, 6th December 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.

Footballer extends gagging order – Daily Telegraph

Posted November 24th, 2010 in anonymity, human rights, injunctions, news, privacy by sally

“A Premier League footballer who risked being unmasked by a High Court judge over details concerning his private life has lodged an eleventh hour appeal preventing himself from being identified.”

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Daily Telegraph, 24th November 2010

Source: www.telegraph.co.uk

European convention on human rights is part of Britain’s DNA – The Guardian

Posted November 24th, 2010 in human rights, news by sally

“The convention is as important now as at its inception 60 years ago. Human rights will not be downgraded under the coalition.”

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The Guardian, 21st November 2010

Source: www.guardian.co.uk