Court hearing expat pensions case – BBC News
“A case that could affect the pensions of thousands of Britons who have retired abroad will be heard in a European court later.”
BBC News, 1st September 2009
Source: www.bbc.co.uk
Category: human rights
R (Bary) v Secretary of State for the Home Department; R (Al Fawwaz) v Same – WLR Daily
“When considering the lawfulness of extradition by reference to the likely prison conditions which a person, if extradited, would face upon conviction in the requesting country, the question whether the high threshold under art 3 of the Convention on Human Rights for inhuman or degrading treatment would be crossed would depend on the facts of the particular case. There was no common standard for what did or did not amount to inhuman or degrading treatment throughout the many different countries in the world.”
WLR Daily, 10th August 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.
Police to ignore European Court of Human Rights ruling on stored DNA – The Times
“Chief constables have been told to ignore a landmark European Court ruling and continue storing the DNA samples of innocent people.”
The Times, 8th August 2009
Source: www.timesonline.co.uk
Decision day for assisted suicide law – The Guardian
“A groundbreaking change in the law on assisted suicides could become inevitable tomorrow when the UK’s highest court delivers its judgment in the case of Debbie Purdy, whose long legal fight has put her at the centre of the controversy.”
The Guardian, 29th July 2009
Source: www.guardian.co.uk
Regina (G) v Nottinghamshire Healthcare NHS Trust; Regina (N) v Secretary of State for Health – WLR Daily
“A policy of banning smoking in the premises of an NHS trust, which had the effect of prohibiting smoking for those detained in a high security psychiatric hospital, did not contravene the patients’ human rights and was lawful.”
WLR Daily, 28th 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 (F and another) v Secretary of State for Justice – WLR Daily
R (F and another) v Secretary of State for Justice [2009] EWCA Civ 792; [2009] WLR (D) 25
“The absence of a right of review at any time of notification requirements imposed under s 82(1) and Sch 3 of the Sexual Offences Act 2003 was a disproportionate interference with an offender’s rights under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. As a matter of principle, an offender was entitled to have the question whether the notification requirements continued to serve a legitimate purposes determined on a review; and the case for granting a declaration of incompatibility pursuant to s 4 of the Human Rights Act 1998 was even stronger in the case of young offenders than in the case of adult offenders. However, restriction on travel included in notification requirements did not infringe art 4 of Directive 2004/38.”
WLR Daily, 24th 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.
Sex offender register for life ‘breaches rights’ of rapists and paedophiles – Daily Telegraph
“Placing rapists and paedophiles on the sex offenders register for life with no chance of review breaches their human rights, the Court of Appeal has ruled.”
Daily Telegraph, 24th July 2009
Source: www.telegraph.co.uk
Metropolitan police’s ‘kettling’ tactic challenged in European court – The Guardian
“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
* News * Politics * DNA database DNA database plans based on ‘flawed science’, warn experts – The Guardian
“‘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 – WLR Daily
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.
R (Al-Sweady and others) v Secretary of State for Defence – WLR Daily
“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.
Soldier’s mother wins court fight over Snatch Land Rovers – The Times
“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
Soldier’s mother launches legal challenge – Daily Telegraph
“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
Extradition battle over ‘onion risk’ – The Independent
“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 – WLR Daily
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 – WLR Daily
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.
Amending the law on the DNA database needs proper scrutiny – The Times
“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) – Times Law Reports
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
Analysis: Britain has moral duty to allow Mau Mau case to proceed – The Times
“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
Kenyan veterans in UK court bid – BBC News
“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
