Judge attacks human rights court – BBC News
“A senior British judge has accused the European Court of Human Rights of going beyond its jurisdiction and trying to create a ‘federal law of Europe’.”
BBC News, 4th April 2009
Source: www.bbc.co.uk
Category: human rights
Regina (AM)(Somalia) v Secretary of State for the Home Department – Times Law Reports
Regina (AM)(Somalia) v Secretary of State for the Home Department
Court of Appeal
“An asylum-seeker’s in-country appeal against removal on human rights grounds could not be stifled by the later issue of a certificate by the Secretary of State for the Home Department that the opposition was clearly unfounded.”
The Times, 1st April 2009
Source: www.timesonline.co.uk
AF (Jamaica) v Secretary of State for the Home Department – WLR Daily
AF (Jamaica) v Secretary of State for the Home Department [2009] EWCA Civ 240; [2009] WLR (D) 112
“In considering whether it was consistent with the right to respect for family life to require the wife and children of a man whose deportation had been ordered to accompany him in deportation the court should look at the issue from the point of view of the wife and children and not just of the potential deportee. It was not enough that there were no insuperable obstacles to their moving because the ultimate test was one of proportionality.”
WLR Daily, 26th March 2009
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Rights and responsibilities – Ministry of Justice
“A national debate is launched today to explore whether a clearer common understanding of our rights and responsibilities might be built by articulating them in a single text – a Bill of Rights and Responsibilities.”
Ministry of Justice, 23rd March 2009
Source: www.justice.gov.uk
UK ‘home to 200 rights abusers’ – BBC News
“More than 200 people responsible for war crimes and other human rights abuses overseas could be living in Britain, the BBC has learned.”
BBC News, 24th March 2009
Source: www.bbc.co.uk
The Big Question: Are there illegal government databases and what can we do about it? – The Independent
“The Big Question: Are there illegal government databases and what can we do about it?.”
The Independent, 24th March 2009
Source: www.independent.co.uk
Government bid to extend ‘human rights’ prompts fears of nanny state – Daily Telegraph
“Entitlement to good health care, education and freedom from poverty could be enshrined in law under the green paper to be published by Justice Minister Jack Straw.”
Daily Telegraph, 23rd March 2009
Source: www.telegraph.co.uk
Regina (AM and Others) v Secretary of State for the Home Department and Another – Times Law Reports
Regina (AM and Others) v Secretary of State for the Home Department and Another
Court of Appeal
“Allegations of inhuman or degrading treatment of inmates at a privately run immigration detention centre should have been investigated by the Secretary of State for the Home Department to meet the United Kingdom’s obligation under article 3 of the European Convention on Human Rights.”
The Times, 20th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Emergency law to halt inmates’ court payouts for slopping out – The Guardian
“Ministers are to introduce emergency legislation to prevent thousands of prison inmates pursuing more than £55m in compensation for a breach of human rights over ‘slopping out’.”
The Guardian, 20th March 2009
Source: www.guardian.co.uk
Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others – Times Law Reports
Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others
Queen’s Bench Division
“The permanent exclusion of a child from a particular school did not engage the fair trial provisions protected by article 6 of the European Convention on Human Rights; the standard of proof in establishing facts was the balance of probabilities.”
The Times, 18th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Times Newspapers Limited (Nos 1 and 2) v United Kingdom – Times Law Reports
Times Newspapers Limited (Nos 1 and 2) v United Kingdom
European Court of Human Rights
“The European Court of Human Rights held, unanimously, that a court’s finding that Times Newspapers Ltd had libelled G. L. by the continued publication on its internet site of two articles was not a disproportionate restriction on the newspaper’s freedom of expression, as guaranteed by article 10 of the European Convention on Human Rights.”
The Times, 11th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Clive Stafford Smith: ‘If I had my time all over again, I’d defend paedophiles’ – The Times
“He battled for years to save death-row convicts in the US, and now represents terror suspects. But what fires a lawyer who acts only for the poor and universally hated?”
The Times, 10th March 2009
Source: www.timesonline.co.uk
Liverpool City Council v Doran (Secretary of State for Communities and Local Government intervening) – WLR Daily
“There was no conflict between the propositions (1) that there was no formula setting out the factors which could be relied upon by a licensee in support of an argument that the decision of a local authority, operating a site under the provision of the Caravan Sites Act 1968, to serve a notice to quit was one which no reasonable council would have taken, and (2) that the question whether the council’s decision was one which no reasonable person would have made was to be decided by applying public law principles as they would have been developed at common law, and not through the lens of the European Convention on Human Rights.”
WLR Daily, 6th March 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.
Human rights challenge to MoD due – BBC News
“The government’s human rights watchdog will take on the MoD in a test case later which could extend human rights law to soldiers on battlefields abroad.”
BBC News, 9th March 2009
Source: www.bbc.co.uk
Judge refuses Iraq war ‘torture death’ probe – The Independent
“An Iraqi who claims his brother was arrested by British forces and tortured and killed during the Iraq war has failed in a High Court bid to win an inquiry into the death under human rights laws.”
The Independent, 25th February 2009
Source: www.independent.co.uk
Tabernacle v Secretary of State for Defence – Times Law Reports
Tabernacle v Secretary of State for Defence
Court of Appeal
“A bylaw prohibiting camping on land at Aldermaston was not justifiable and violated the rights to freedom of expression and of assembly guaranted by articles 10 and 11 respectively of the European Convention on Human Rights.”
The Times, 25th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Terrorism and human rights: is it time to reclaim lost ground? – The Times
“Sir Ken Macdonald stoked the flames of the debate on how we tackle terrorism with his timely intervention this week on white collar fraudsters. ”
The Times, 24th February 2009
Source: www.timesonline.co.uk
A and Others v United Kingdom (Application No 3455/05) – Times Law Reports
A and Others v United Kingdom (Application No 3455/05)
European Court of Human Rights
“The European Court of Human Rights held the United Kingdom in breach of article 5.1 of the European Convention on Human Rights in respect of nonnational terrorist suspects, since they had not been detained with a view to deportation and the derogating measures permitting their indefinite detention discriminated unjustifiably between nationals and nonnationals.”
The Times, 20th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Revealed: the full extent of Labour’s curbs on civil liberties – The Independent
“The full extent of state powers to detain people without charge, cover up Government errors, hold the DNA of the innocent and share personal data between public bodies has been revealed in a devastating analysis of the erosion of civil liberties in Britain over the past decade.”
The Independent, 20th February 2009
Source: www.independent.co.uk
Abu Qatada gets £2,500 compensation for breach of human rights – The Guardian
“Muslim preacher awarded damages by European judges for being detained after September 11 attacks.”
The Guardian, 19th February 2009
Source: www.guardian.co.uk
