A v Essex County Council – WLR Daily

A v Essex County Council; [2010] UKSC 33; [2010] WLR (D) 184

“A local education authority which took 18 months to secure a place at one of the few specialist schools which was equipped to cope with a severely disabled child with special education needs, during which time he was unable to attend school at all, had not, by taking so much time, denied the child’s right to education contrary to art 2 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 15th July 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-Jedda v Secretary of State for Defence – WLR Daily

Posted July 16th, 2010 in appeals, armed forces, detention, human rights, Iraq, judges, law reports by sally

Al-Jedda v Secretary of State for Defence [2010] EWCA Civ 758; [2010] WLR (D) 182

“The claimant’s right under Iraqi law not to be deprived of his liberty ‘except in accordance with the law and based on a decision by a competent judicial authority’ and his right not to be kept in custody ‘except according to a judicial decision’ were not infringed by his internment without trial until 30 December 2007 after arrest by British forces in Basra on 10 October 2004. The essence of the internee’s constitutional rights did not require that his detention be sanctioned by a judge either at its outset or on its continuation, but consisted rather in having the decision made by a person with judicial qualities.”

WLR Daily, 14th July 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.

Government begins RIPA review – OUT-LAW.com

“The Government will review the use of the Regulation of Investigatory Powers Act 2000 (RIPA), the law that governs state tapping of phone, email and internet use. The law will be looked at as part of a wider review of counter-terrorism laws.”

Full story

OUT-LAW.com, 14th July 2010

Source: www.out-law.com

Rapid review of counter-terrorism powers – Home Office

“The Home Secretary has announced today that a rapid review of key counter-terrorism and security powers is underway. The review will look at what counter-terrorism powers and measures could be rolled back in order to restore the balance of civil liberties and counter-terrorism powers.”

Full press release

Home Office, 13th July 2010

Source: www.homeoffice.gov.uk

Counter-terrorism powers to face government review – BBC News

“The government is to review key counter-terrorism and security powers including the 28-day limit on detaining terrorist suspects without charge.”

Full story

BBC News, 13th July 2010

Source: www.bbc.co.uk

Abu Hamza extradition to US blocked on human rights grounds – Daily Telegraph

Posted July 9th, 2010 in extradition, human rights, news, prisons by sally

“The decision by the European Court of Human Rights to block the extradition of Abu Hamza, the radical Muslim cleric, to America to stand trial on alleged terrorist offences poses a challenge to the Coalition government.”

Full story

Daily Telegraph, 8th July 2010

Source: www.telegraph.co.uk

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) – WLR Daily

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) [2010] UKSC 29; [2010] WLR (D) 165

“British soldiers on active service abroad were not, as such, within the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and were accordingly not protected by the Convention rights scheduled to the Human Rights Act 1998. Assuming, however, that the Convention did protect servicemen abroad, a inquest that complied with the procedural obligation in art 2 was not automatically required whenever a member of the armed forces died on active service.”

WLR Daily, 1st July 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.

Full judgment: R (Smith) v Secretary of State for Defence – The Guardian

Posted July 1st, 2010 in armed forces, human rights, law reports, Supreme Court by sally

“Read the full judgment from the UK Supreme Court that found that British troops deployed abroad are not protected by the Human Rights Act outside of military bases.”

Full story

The Guardian, 30th June 2010

Source: www.guardian.co.uk

Supreme court quashes troops’ human rights ruling – The Independent

Posted June 30th, 2010 in armed forces, human rights, inquests, news, Supreme Court, war by sally

“The country’s highest court today quashed a landmark ruling that British soldiers serving abroad are protected by human rights laws at all times.”

Full story

The Independent, 30th June 2010

Source: www.independent.co.uk

Supreme court to rule on human rights of soldiers – The Independent

Posted June 30th, 2010 in armed forces, human rights, news, Supreme Court, war by sally

“The Supreme Court rules today on a Government challenge to a landmark ruling that British soldiers serving abroad are protected by human rights laws.”

Full story

The Independent, 30th June 2010

Source: www.independent.co.uk

Calls to ban Mosquito ‘teen repellent’ device ruled out – BBC News

Posted June 29th, 2010 in children, gangs, human rights, news, noise by sally

“The UK government has rejected calls to ban a device that uses a high-pitched noise to disperse teenage gangs.”

Full story

BBC News, 28th June 2010

Source: www.bbc.co.uk

Baroness Hale: Human Rights Act hampered by constitutional problems – The Guardian

Posted June 28th, 2010 in constitutional law, human rights, legislation, news by sally

“Baroness Hale of Richmond has spoken to the Salford Human Rights Conference on the development of human rights law, and has lamented the time spent on constitutional wrangling rather than applying the essence of the Act.”

Full story

The Guardian, 25th June 2010

Source: www.guardian.co.uk

UK bill of rights plan a ‘bad idea’, warns head of European court – The Guardian

Posted June 28th, 2010 in human rights, legislation, news by sally

“Senior judge’s remarks that human rights could be hit if act repealed threatens to inflame row over power of Strasbourg.”

Full story

The Guardian, 27th June 2010

Source: www.guardian.co.uk

Civil liberties row sparked by tough parole controls on terrorism act offenders – The Observer

Posted June 28th, 2010 in human rights, news, probation, release on licence, terrorism by sally

“A major civil liberties row is threatening to erupt over the ‘unprecedented’ parole conditions imposed on members of Islamist groups now being released from prison having completed their sentences for terrorist offences.”

Full story

The Observer, 27th June 2010

Source: http://observer.guardian.co.uk/

Secretary of State for the Home Department v AP (No 2) – WLR Daily

Secretary of State for the Home Department v AP (No 2) [2010] UKSC 26; [2010] WLR (D) 154

 “The public interest in publishing a full report of control order proceedings, identifying the suspected terrorist involved, had to give way to the need to protect the suspected terrorist from the risk of violence in circumstances where he was required to live in a town in which there were considerable community tensions and racist attacks on members of the Muslim community had taken place.”

WLR Daily, 23rd June 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.

Secretary of State for the Home Department v AP – WLR Daily

Posted June 17th, 2010 in control orders, human rights, law reports, Supreme Court by sally

Secretary of State for the Home Department v AP [2010] UKSC 24; [2010] WLR (D) 149

“Conditions in a control order which were proportionate restrictions upon the right to private and family life could nevertheless be decisive in determining that the overall effect of the order amounted to a deprivation of liberty.”

WLR Daily, 16th June 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.

Terror suspect challenges control orders in BBC film – The Guardian

Posted June 17th, 2010 in bail, BBC, control orders, human rights, news by sally

“The BBC, a terror suspect and two independent film-makers challenged the control order system last night in a broadcast that broke the suspect’s bail conditions.”

Full story

The Guardian, 17th June 2010

Source: www.guardian.co.uk

Terror suspect wins control order appeal – BBC News

Posted June 16th, 2010 in control orders, human rights, news, Supreme Court by sally

“A terror suspect subject to a control order has won his appeal on the grounds that it breached his human rights.”

Full story

BBC News, 16th June 2010

Source: www.bbc.co.uk

Legal fight over spy cameras in Muslim suburbs – The Guardian

Posted June 14th, 2010 in closed circuit television, human rights, Islam, news by sally

“A counterterrorism surveillance project targeted at two Muslim neighbourhoods in Birmingham could be halted after human rights lawyers pledged to seek a judicial review.”

Full story

The Guardian, 11th June 2010

Source: www.guardian.co.uk

Human Rights Act helps fight terrorism says head of Supreme Court – The Guardian

Posted June 14th, 2010 in human rights, judges, lectures, news, speeches, terrorism by sally

“The head of Britain’s highest court defends the Human Rights Act and responds to accusations that the act is hampering the fight against terrorism.”

Full story

The Guardian, 10th June 2010

Source: www.guardian.co.uk