“A school that is being sued for failing to prevent a vicious attack on a pupil does not need to give the victim’s legal team access to a database of pupil misbehaviour because the disclosure would be disproportionate and breach children’s human rights.”
OUT-LAW.com, 2nd June 2009
Source: www.out-law.com
Regina (Wood) v Commissioner of Police of the Metropolis
Court of Appeal
“Justification for state interference with the right to privacy had to be the more compelling where that interference was in pursuit of the protection of the community from the risk of public disorder or low level crime as against the danger of terrorism or really serious criminal activity.”
The Times, 1st June 2009
Source: www.timesonline.co.uk
“There would be no breach of art 6, and in particular art 6(3)(d), of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if a criminal conviction were based solely or to a decisive degree on the evidence of an identified but absent witness, provided the provisions of the Criminal Justice Act 2003 were observed.”
WLR Daily, 27th May 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.
“Amnesty International has attacked Britain’s record on human rights and called for a public inquiry in to allegations of collusion over the torture of Binyam Mohamed.”
Daily Telegraph, 27th May 2009
Source: www.telegraph.co.uk
“A British soldier on military service in Iraq was subject to the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and as such benefited from the rights guaranteed by the Human Rights Act 1998. An inquest held into the soldier’s death was to be an enhanced inquest conforming to the procedural requirements of the right to life in art 2 of the Convention.”
WLR Daily, 19th May 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 Ministry of Defence is facing a flood of compensation claims from families of servicemen who have been killed in Iraq and Afghanistan after a landmark legal ruling that they are covered by human rights laws.”
Daily Telegraph, 19th May 2009
Source: www.telegraph.co.uk
Regina (Ghai) v Newcastle upon Tyne City Council
Queen’s bench Division
“The orthodox Hindu belief in the necessity of open-air cremation as a manifestation of belief within the meaning of article 9 of the European Convention on Human Rights was limited by statutory provisions which were justified under article 9.2 of the Convention.”
The Times, 18th May 2009
Source: www.timesonline.co.uk
“The Ministry of Defence is bracing itself for defeat with a landmark court ruling tomorrow on whether Britain’s soldiers, sailors and airmen should be protected under the Human Rights Act while they serve abroad.”
Independent on Sunday, 17th May 2009
Source: www.independent.co.uk
“Soldiers serving abroad are protected by Human Rights laws, the Court of Appeal ruled today in a controversial landmark judgment.”
The Independent, 18th May 2009
Source: www.independent.co.uk
R (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening)
“The burning of human remains other than in a crematorium was a criminal offence under ss 2 and 8 of the Cremation Act 1902 and regs 2(1) and 13 of the Cremation (England and Wales) Regulations 2008 (SI 2008/2841). Cremation of an orthodox Hindu on an open air pyre was a manifestation of his belief within the meaning of art 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the statutory provisions on cremation limited his freedom to manifest that belief. The statutory provisions governing open air funeral pyres were, however, justified under art 9(2) on the grounds of the protection of public morals and the rights and freedoms of others.”
WLR Daily, 13th May 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.
“A bid by a devout Hindu for the legal right to be cremated on a traditional open-air funeral pyre has been rejected by the High Court in London.”
BBC News, 8th May 2009
Source: www.bbc.co.uk
Regina (Nasseri) v Secretary of State for the Home Department [2009] UKHL 23; [2009] WLR (D) 148
“The irrebuttable presumption, laid down in paras 2 and 3 of Pt 1 of Sch 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, that a foreign national who entered the United Kingdom via Greece could be returned to Greece because Greece was a place from which he would not be sent to another state to face inhuman and degrading treatment contrary to art 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, was not in itself incompatible with the Convention provided there was no evidence to show that on his return to Greece he was actually at risk of being removed to another country in breach of his art 3 rights.”
WLR Daily, 8th May 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 failure of the Secretary of State for Justice to provide courses to enable prisoners serving indeterminate sentences for public protection to enable them to demonstrate their safety for release to the Parole Board did not render their post-tariff detention unlawful.”
WLR Daily, 6th May 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.
Regina (Lee) v Same; Regina (Wells) v Same
House of Lords
“Although the Secretary of State for Justice had failed in his public duty to provide such treatment courses for prisoners serving indeterminate sentences for public protection as would enable them to demonstrate to the Parole Board that it was safe to release them, their post-tariff detention was not unlawful.”
The Times, 8th May 2009
Source: www.timesonline.co.uk
Regina (Nasseri) v Secretary of State for the Home Department
House of Lords
“As there was no evidence that Greece was a place from which a foreign asylum seeker would be deported to his own country to face inhuman and degrading treatment, there was nothing incompatible with the European Convention on Human Rights in a statutory provision which deemed that Greece was a safe country to which he could be returned from the United Kingdom.”
The Times, 7th May 2009
Source: www.timesonline.co.uk
Y (Sri Lanka) v Secretary of State for the Home Department; Z (Sri Lanka) v Same
Court of Appeal
“It would be a breach of article 3 of the European Convention on Human Rights, prohibiting torture, to order the return of an asylum seeker to a country where there was an undisturbed finding that the asylum seeker had been tortured and raped in captivity and where credible and uncontradicted expert evidence was that the likely effect of the trauma, if return was enforced, would be suicide.”
The Times, 5th May 2009
Source: www.timesonline.co.uk
“The home secretary, Jacqui Smith, will publish plans this week for the destruction of the DNA profiles of nearly a million innocent people from the police national database. The government’s response follows a ruling by the European court of human rights last year that the practice of retaining the DNA profiles was illegal.”
The Guardian, 3rd May 2009
Source: www.guardian.co.uk
Regina (G) v Governors of X School
Queen’s Bench Division
“An employee of a school facing a disciplinary committee for allegations of sexual misconduct was entitled to an enhanced measure of procedural protection afforded by article 6.1 of the European Convention on Human Rights, guaranteeing the right to a fair hearing, which included the right to legal representation at the disciplinary hearing.”
Times Law Reports, 24th April 2009
Source: www.timesonline.co.uk
“A former chief of the defence staff has warned that the ‘creeping irreversible curtailment’ of civil liberties in the name of national security is ‘playing the game by terrorists’ rules’.
The Guardian, 24th April 2009
Source: www.guardian.co.uk
“British troops were accused at the High Court yesterday of using interrogation techniques on Iraqi civilian detainees that breached human rights laws.”
The Times, 23rd April 2009
Source: www.timesonline.co.uk
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