Give prisoners the vote in six months or face severe penalties, UK warned – The Guardian

Posted November 23rd, 2010 in elections, human rights, news, prisons by sally

“The UK must introduce laws allowing prisoners to vote within six months or face severe legal and financial penalties, the European court of human rights has warned.”

Full story

The Guardian, 23rd November 2010

Source: www.guardian.co.uk

Kenneth Clarke reaffirms commitment to rights and freedoms – Mnistry of Justice

Posted November 19th, 2010 in criminal justice, human rights, press releases by sally

“Justice Secretary Kenneth Clarke has reaffirmed the Government’s commitment to rights and freedoms in the UK and to the European Convention on Human Rights.”

Full press release

Ministry of Justice, 18th November 2010

Source: www.justice.gov.uk

Donald v Ntuli – WLR Daily

Posted November 18th, 2010 in anonymity, freedom of expression, human rights, injunctions, law reports, privacy by sally

Donald v Ntuli [2010] EWCA Civ 1276; [2010] WLR (D) 291

“Whether, in view of the principle of open justice, it was necessary for a court to restrain publication of the existence of proceedings and the anonymity of the parties, depended on the facts of the particular case. Restrictions should be the least that could be imposed, consistent with the protection of a party’s right to respect for that party’s private and family life, and whether the continued anonymity was justified by the fact that there might be a significant risk of serious consequences to that right which might not be remediable.”

WLR Daily, 17th 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.

Partner of Rachel Nickell to take Met to European court – The Independent

Posted November 16th, 2010 in compensation, human rights, miscarriage of justice, murder, news, police by sally

“The partner of murdered Rachel Nickell today said he would take his compensation claim against the Metropolitan Police to the European Court of Human Rights.”

Full story

The Independent, 16th November 2010

Source: www.independent.co.uk

Watkins v Woolas – WLR Daily

Watkins v Woolas [2010] EWHC 2702 (QB); [2010] WLR (D) 288

“S 106 of the Representation of the People Act 1983, which imposed the penalties for an election candidate found guilty of a corrupt or illegal practice, was compatible with the right to freedom of expression contained in art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The interference with the right to freedom of expression by s 106 and the penalties imposed for breach of that section were proportionate to the legitimate aim of the section.”

WLR Daily, 12th 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.

Will control orders survive the anti-terrorism review? – The Guardian

Posted November 11th, 2010 in control orders, human rights, news, terrorism by sally

“The debate over whether control orders will survive the anti-terrorism review has been rumbling on for the past weeks, with a surprising amount of internal discussions being aired in public.”

Full story

The Guardian, 10th November 2010

Source: www.guardian.co.uk

BT and TalkTalk granted judicial review of Digital Economy Act – The Guardian

Posted November 11th, 2010 in copyright, human rights, internet, judicial review, news by sally

“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.”

Full story

The Guardian, 10th November 2010

Source: www.guardian.co.uk

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) – WLR Daily

Posted November 3rd, 2010 in accounts, auditors, confidentiality, human rights, law reports, local government by sally

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) [2010] WLR (D) 273

“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.

Human rights challenge to Met over Jean Charles de Menezes death – Daily Telegraph

Posted October 28th, 2010 in firearms, human rights, news, police, prosecutions by sally

“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.”

Full story

Daily Telegraph, 28th October 2010

Source: www.telegraph.co.uk

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) – WLR Daily

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268

“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 ‘locked up in hospitals without legal authority’ – The Guardian

Posted October 27th, 2010 in hospitals, human rights, mental health, news by sally

“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.”

Full story

The Guardian, 27th October 2010

Source: www.guardian.co.uk

Regina (King) v Secretary of State for Justice – WLR Daily

Posted October 22nd, 2010 in disciplinary procedures, human rights, law reports, prisons by sally

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 – WLR Daily

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.

Comedian wins legal battle to joke about divorce – Daily Telegraph

Posted October 1st, 2010 in divorce, freedom of expression, human rights, injunctions, news by sally

“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.”

Full story

Daily Telegraph, 1st October 2010

Source: www.telegraph.co.uk

Opera composer fails in bid to take libel case to European court – The Guardian

Posted September 29th, 2010 in defamation, human rights, intellectual property, news by sally

“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.”

Full story

The Guardian, 28th September 2010

Source: www.guardian.co.uk

Torture guidance does not breach law, says coalition – The Guardian

Posted September 27th, 2010 in disclosure, human rights, illegality, intelligence services, news, torture by sally

“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.”

Full story

The Guardian, 27th September 2010

Source: www.guardian.co.uk

New government guidance on torture breaches law – The Guardian

Posted September 27th, 2010 in disclosure, human rights, intelligence services, news, torture by sally

“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.”

Full story

The Guardian, 27th September 2010

Source: www.guardian.co.uk

Law Society puts legal aid tender case to the High Court – Law Society’s Gazette

Posted September 23rd, 2010 in human rights, legal aid, legal services, news, tenders by sally

“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.”

Full story

Law Society’s Gazette, 23rd September 2010

Source: www.lawgazette.co.uk

Disturbing case of young offender goes to European court – The Independent

Posted September 13th, 2010 in human rights, inquiries, mental health, news, self-harm, young offenders by sally

“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.”

Full story

The Independent, 12th September 2010

Source: www.independent.co.uk

New anti-terror laws could see religious and political groups banned: Liberty – The Guardian

Posted August 19th, 2010 in control orders, human rights, news, terrorism, torture by sally

“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.”

Full story

The Guardian, 19th August 2010

Source: www.guardian.co.uk