Category: human rights

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

The Guardian, 21st November 2010

Source: www.guardian.co.uk

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

Posted November 15th, 2010 in disciplinary procedures, elections, freedom of expression, human rights, law reports by sally

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

Posted October 27th, 2010 in human rights, law reports, legal representation, police interviews, Scotland, self-incrimination by sally

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

Posted October 14th, 2010 in company directors, disqualification, evidence, human rights, law reports, striking out by sally

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.