“The Metropolitan police’s controversial tactic of containing large numbers of protesters against their will, known as ‘kettling’, will be challenged in a case lodged tomorrow with the European Court of Human Rights that claims the practice is a fundamental breach of liberty.”
The Guardian, 19th July 2009
Source: www.guardian.co.uk
“‘Flawed scientific thinking’ in the government’s proposed changes to the DNA database will leave it open to further challenges by the courts, experts have said, in a stark attack on Home Office plans to overhaul the current system.”
The Guardian, 19th July 2009
Source: www.guardian.co.uk
AP v Secretary of State for the Home Department [2009] EWCA Civ 731; [2009] WLR (D) 243
“The cumulative impact of other obligations imposed under a control order the core element of which was a 16-hour daily curfew could not provide a tipping point where, taking account of the conditions and circumstances, a curfew of 16 hours per day was insufficiently stringent to amount to a deprivation of liberty within art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”
WLR Daily, 16th July 2009
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 complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward. The courts had to be able to have complete confidence in the credibility and reliability of such certificates and schedules. Nothing less was acceptable.”
WLR Daily, 14th July 2009
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 mother of a soldier killed by a roadside bomb in Iraq has won the first round of a legal battle for an investigation into the use of the lightly armoured Snatch Land Rovers.”
The Times, 10th July 2009
Source: www.timesonline.co.uk
“The mother of a soldier killed in a Snatch Land Rover in Iraq will launch a legal challenge on Friday over the Government’s refusal to hold a public inquiry into the continued use of the lightly-armoured vehicles.”
Daily Telegraph, 10th July 2009
Source: www.telegraph.co.uk
“A man attempted to avoid extradition today because his human rights could be breached by being fed ‘potentially life threatening’ red onions in an Irish jail.”
The Independent, 9th July 2009
Source: www.independent.co.uk
R (P) v Secretary of State for Justice [2009] EWCA Civ 701; [2009] WLR (D) 234
“Where it was contended, pursuant to art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998, that the state should investigate the treatment accorded to a self-harming young offender while he was in detention, a ‘real and immediate’ risk to life was a prerequisite.”
WLR Daily, 7th July 2009
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 (Allen) v Inner North London Coroner [2009] EWCA Civ 623; [2009] WLR (D) 219
“An inquest into the death of a patient who was detained in a hospital under s 3 of the Mental Health Act 1983 had to satisfy the enhanced requirements of art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms which guaranteed the right to life.”
WLR Daily, 1st July 2009
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.
“Last December the European Court of Human Rights decided in S and Marper v The United Kingdom that the retention by the State of DNA profiles is a breach of Article 8 of the European Convention on Human Rights. That is because information about people arrested for, or charged with, an offence but not subsequently convicted, is kept on the national DNA database for an unlimited period of time. The Government has accepted the judgment of the European court and announced that it will change the law to ensure compliance. But its proposed method of doing so is unsatisfactory and needs reconsideration.”
The Times, 2nd July 2009
Source: www.timesonline.co.uk
Regina v Twomey (John); Regina v Blake (Peter); Regina v Cameron (Glen); Regina v Hibberd (Barry)
Court of Appeal
“A defendant’s right to a fair trial was not prejudiced by holding a criminal trial without a jury, where the danger of jury tampering was very significant and was not sufficiently addressed by proposed protective measures.”
The Times, 25th June 2009
Source; www.timesonline.co.uk
“Since the 1950s, Mau Mau has often been synonymous with atavistic savagery. It was a grassroots movement that sought to end British rule in Kenya, and with it the privileges of an African minority loyal to colonialism. Comprised almost entirely of Kikuyu – Kenya’s largest ethnic group — Mau Mau perpetrated some heinous crimes. But, so, too, did the agents of British colonialism, and on an order of magnitude that dwarfed Mau Mau acts of violence.”
The Times, 23rd June 2009
Source: www.timesonline.co.uk
“A case against the British government brought by veterans of Kenya’s independence struggle will be heard at London’s High Court later.”
BBC News, 23rd June 2009
Source: www.bbc.co.uk
“Four families of servicemen killed in Snatch Land Rovers in Iraq and Afghanistan are to sue the Ministry of Defence, the BBC has learned.”
BBC News, 19th June 2009
Source: www.bbc.co.uk
In re Attorney General’s Reference (No 3 of 1999) [2009] UKHL 34; [2009] WLR (D) 192
“An order made by the House of Lords on an Attorney General’s reference in October 2000 prohibiting identification of the defendant, D, should now, on a balance of the defendant’s right to privacy under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the right of the media to freedom of expression and communication under art 10, be discharged.”
WLR Daily, 17th June 2009
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 British Broadcasting Corporation: Attorney-General’s Reference (No 3 of 1999)
House of Lords
“Balancing the defendant’s right to privacy under article 8 of the European Convention on Human Rights against the right of the British Broadcasting Corporation under article 10 of that Convention to freedom of expression and communication, an order made by the House of Lords in October 2000 in an Attorney-General’s reference prohibiting identification of the defendant, D, should be discharged.”
The Times, 18th June 2009
Source: www.timesonline.co.uk
Szuluk v United Kingdom (Application No 36936/05)
European Court of Human Rights
“In a unanimous judgment, the European Court of Human Rights held that monitoring, by the prison authorities of medical correspondence between a convicted prisoner and his external specialist doctor, violated the prisoner’s right for respect for his correspondence, as guaranteed by article 8 of the European Convention on Human Rights.”
The Times, 17th June 2009
Source: www.timesonline.co.uk
“A Jewish couple are suing their neighbours in a block of flats because they say an automatic security light breaks a religious prohibition.”
Daily Telegraph, 16th June 2009
Source: www.telegraph.co.uk
“Jack Straw has given a speech at the launch of a human rights inquiry by the Equality and Human Rights Commission.”
Ministry of Justice, 15th June 2009
Source: www.justice.gov.uk
“Where, in the interests of national security, the Secretary of State relied on closed material in a hearing under s 3(10) of the Prevention of Terrorism Act 2005 to justify his decision to make a control order, art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, would not be satisfied unless the controlee were given sufficient information on the case against him to enable him to give effective instructions to the special advocate appointed to represent him.”
WLR Daily, 11th June 2009
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.
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