“Dame Stella Rimington, the former head of MI5, has accused the Government of exploiting public fear of terrorism to restrict civil liberties. ”
The Independent, 17th February 2009
Source: www.independent.co.uk
“Anti-terror measures worldwide have seriously undermined international human rights law, a report by legal experts says.”
BBC News, 16th February 2009
Source: www.bbc.co.uk
“David Miliband has been asked to join Jacqui Smith in appearing before parliament’s human rights committee amid growing concern that the government may have breached international law by colluding in the alleged torture of British citizens in Pakistan.”
Full story
The Guardian, 11th February 2009
Source: www.guardian.co.uk
“What happens when the rights of two people collide and how does the law deal with the issue?”
BBC News, 6th February 2009
Source: www.bbc.co.uk
“Six prisoners in British jails have applied to have children with their partners following a landmark European court ruling that their human rights would be breached if they are prevented from becoming fathers.”
Daily Telegraph, 8th February 2009
Source: www.telegraph.co.uk
Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23; [2009] WLR (D) 35
“Para 7(2)(f) of the Atomic Weapons Establishment (AWE) Aldermaston Byelaws 2007, which prohibited the right of any member of the Women’s Peace Camp to camp within controlled areas on land owned by the Secretary of State for Defence to protest against nuclear weapons was not justifiable and violated the rights to individual freedom of expression and to freedom of peaceful assembly protected by arts 10 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedom.”
WLR Daily, 5th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Al-Saadoon and Another) v Secretary of State for Defence
Court of Appeal
“Iraqi detainees held in a United Kingdom internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the UK for the purposes of the European Convention on Human Rights.”
The Times, 4th 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.
Regina (Black) v Secretary of State for Justice
House of Lords
“The provision requiring lawfulness of detention to be determined by a court was not infringed when the Secretary of State for Justice rather than the Parole Board determined whether certain long-term prisoners should be released on licence.”
The Times, 30th January 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.
Austin v Commissioner of Police of the Metropolis [2009] UKHL 5; [2009] WLR (D) 26
“Demonstrators who had been confined within a police cordon for several hours did not suffer a violation of their right to liberty guaranteed by art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998 if the cordon was part of the crowd control measures adopted by the police in order to prevent a breach of public order, and the measures were not arbitrary but were resorted to in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”
WLR Daily, 28th January 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.
Austin v Commissioner of Police of the Metropolis
House of Lords
“Crowd control measures adopted by police in order to prevent a breach of public order, which resulted in several thousand people being confined within a police cordon for several hours, did not amount to a violation of the right to liberty if the measures were used in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”
The Times, 29th January 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.
“Jack Straw has given the keynote speech at the annual conference of the British Institute of Human Rights.”
Ministry of Justice, 28th January 2009
Source: www.justice.gov.uk
“Government response to the Joint Committee on Human Rights’ 31st Report of Session 2007-08.”
Ministry of Justice, 27th January 2009
Source: www.justice.gov.uk
R (Wright and others) v Secretary of State for Health and another [2009] UKHL 3; [2009] WLR (D) 20
“The procedure under s 82(4)(b) of the Care Standards Act 2000 allowing the provisional listing of care workers as being unsuited to work with vulnerable adults after a complaint had been made about them, without giving them an opportunity to answer the allegations, which had the effect of barring them from care work, was incompatible with the right to a fair hearing under art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and also with the right to private life under art 8(1).”
WLR Daily, 26th January 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 (Black) v Secretary of State for Justice [2009] UKHL 1; [2009] WLR (D) 19
“S 35(1) of the Criminal Justice Act 1991, in allowing the Secretary of State for Justice rather than the Parole Board to determine whether certain long-term prisoners should be released on licence at the half-way stage of their sentence, did not infringe art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 26th January 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-Saadoon and another ) v Secretary of State for Defence; [2009] WLR (D) 17
“Iraqi detainees held in a UK internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the United Kingdom for the purposes of art 1 of the European Convention on Human Rights.”
WLR Daily, 23rd January 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 (Wright and Others) v Secretary of State for Health and Another
House of Lords
“The procedure of effectively banning care workers from working with vulnerable people, without giving them an opportunity to answer any allegations of unsuitability, was incompatible with the right to a fair hearing under article 6 of the European Convention on Human Rights.”
The Times, 23rd January 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.
“If removal from, or refusal of admission to, the United Kingdom pursuant to lawful immigration controls were to be held a disproportionate interference with private or family life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms it would be necessary to show more than mere hardship, mere difficulty or mere obstacle: there was a seriousness test which required obstacles or difficulties to go beyond matters of choice or inconvenience.”
WLR Daily, 16th January 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.
Court of Appeal
“Absent any error of law, the High Court had to pay considerable respect to the decision of an expert and informed domestic tribunal.”
The Times, 15th January 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.
Burns v HM Advocate [2008] UKPC 63; [2008] WLR (D) 392
“Where a defendant, who was resident in Scotland, was interviewed in England by police officers who told him that there was sufficient evidence on which to charge him with offences relating to child pornography and that they would recommend such a course, the reasonable time requirement to which he was entitled under art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, was to be calculated from the date of that interview and not from the later date on which the Lord Advocate, as the competent authority in Scotland, required the defendant to answer charges on which he was indicted to stand trial in Scotland.”
WLR Daily, 17th December 2008
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.
Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74; [2008] WLR (D) 386
“Where there was a real and immediate risk of a patient detained in a mental hospital committing suicide, art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, imposed an operational obligation on the medical authorities to do all that could reasonably be expected of them to prevent him doing so.”
WLR Daily, 15th December 2008
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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