“A landmark legal ruling has paved the way for thousands of asylum seekers in the UK to be allowed to work. The High Court has ruled that current laws preventing an Eritrean asylum seeker from taking a job are incompatible with the European Convention on Human Rights.”
The Observer, 14th December 2008
Source: http://observer.guardian.co.uk/
Regina (Wellington) v Secretary of State for the Home Department
House of Lords
“A mandatory sentence of life imprisonment without eligibility for parole which would be imposed on a prisoner convicted of two offences of murder in the first degree did not amount to inhuman or degrading punishment so as to justify a refusal to extradite him to stand trial in the United States of America.”
The Times, 12th December 2008
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.
R (Wellington) v Secretary of State for the Home Department [2008] UKHL 72; [2008] WLR (D) 380
“A mandatory sentence of life imprisonment without eligibility for parole imposed for two offences of murder in the first degree did not amount to inhuman or degrading punishment so that the Secretary of State had not acted unlawfully in ordering the extradition of an applicant to stand trial in the United States of America.”
WLR Daily, 10th 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
House of Lords
“The right to life protected by article 2 of the European Convention on Human Rights imposed an operational obligation on medical authorities to do all that could reasonably be expected of them to prevent a patient detained in a mental hospital who was known to be at a real and immediate risk of committing suicide from doing so.”
The Times, 11th December 2008
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.
“One of the eminent outsiders brought into Gordon Brown’s ‘government of all the talents’ has revealed that he quit in disgust at what he describes as Labour’s ‘dismal’ lack of political leadership on human rights.”
The Guardian, 11th December 2008
Source: www.guardian.co.uk
“The daughter of a mentally-ill woman who walked out of a hospital and threw herself under a train has won the final round of her battle for the right to sue the local health trust for damages. ”
The Independent, 10th December 2008
Source: www.independent.co.uk
“It was a linchpin of Labour’s first term. But Jack Straw – and David Cameron – now agree the legislation is not fit for purpose.”
The Times, 9th December 2008
Source: www.timesonline.co.uk
“At least 180,000 asylum seekers are set to be allowed to stay in Britain because of their human rights thanks to the Government’s backlog fiasco.”
Daily Telegraph, 10th December 2008
Source: www.telegraph.co.uk
“Diane Abbott, the Labour MP, was awarded a special prize last night for her ’42 days’ speech at the Human Rights Awards 2008 presented by Liberty, Justice and the Law Society.”
The Times, 9th December 2008
Source: www.timesonline.co.uk
“Hold the front page. The Lord High Chancellor doesn’t like our Human Rights Act and feels ‘frustrated’ by those pesky lawyers and judges who sometimes stand in his way. The Right Honourable Former Foreign Secretary of the War on Terror would like to send foreigners to places of torture. After all if it was good enough for his chums in the outgoing Bush administration.”
The Guardian, 8th December 2008
Source: www.guardian.co.uk
S and Marper v United Kingdom (Application Nos 30562/04 and 30566/04)
European Court of Human Rights
“The blanket and indiscriminate nature of the powers of retention of fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offences failed to strike a fair balance between the competing public and private interests.”
The Times, 8th December 2008
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, the Justice Secretary, has insisted that the Government still wants to press ahead with a new Bill of Rights and Responsibilities to rebalance the country’s human rights culture.”
Daily Telegraph, 8th December 2008
Source: www.telegraph.co.uk
“More than 1.6 million DNA and fingerprint samples of innocent people on police databases must be destroyed after a court ruled yesterday that keeping them breaches human rights.”
The Times, 5th December 2008
Source: www.timesonline.co.uk
“Two men from Sheffield, South Yorkshire, who were previously cleared of criminal charges, have won a major victory after the European Court of Human Rights ruled keeping their DNA on the British police database breached their human rights.”
Daily Telegrap, 4th December 2008
Source: www.telegraph.co.uk
“The Reform (Sark) Law 2008, which, inter alia, provided, in relation to the Island of Sark, a Crown Dependency and a part of the Bailiwick of Guernsey, for the Seneschal, the senior judge of Sark, to remain as an unelected member and President of the Chief Pleas, the island’s legislature, did not breach art 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 4th December 2008
Source: www.lawreports.co.uk
“The Channel island of Sark has come under renewed pressure to scrap one of the last vestiges of its feudal system after the Court of Appeal ruled that its new constitution breached human rights laws.”
Daily Telegraph, 3rd December 2008
Source: www.telegraph.co.uk
Regina (JL) (a Youth) v Secretary of State for Justice
House of Lords
“A near-suicide in custody which resulted in the prisoner’s mental incapacity triggered the state’s obligation to institute an independent initial investigation which complied with article 2 of the European Convention on Human Rights, protecting the right to life.”
The Times, 2nd December 2008
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.
“Where a prisoner attempted to commit suicide and sustained incapacitating long-term injury the state was obliged to institute an independent initial investigation which complied with art 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”
WLR Daily, 27th November 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.
Salsbury v Law Society [2008] EWCA Civ 1285; [2008] WLR (D) 365
“The Solicitors Disciplinary Tribunal must now take into account the rights of the solicitor under arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It was an overstatement to say that a ‘very strong case’ was required before the High Court would interfere with a sentence imposed by the tribunal but, absent any error of law, the High Court must pay considerable respect to the sentencing decisions of the tribunal.”
WLR Daily, 26th November 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.
“The Human Rights Act has undermined public safety and led to a ‘rights culture’ developing in the UK, the Conservatives said.”
Daily Telegraph, 25th November 2008
Source: www.telegraph.co.uk
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