Category: human rights

Regina (Al-Saadoon and Another) v Secretary of State for Defence – Times Law Reports

Posted February 4th, 2009 in detention, human rights, Iraq, jurisdiction, law reports by sally

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 – Times Law Reports

Posted January 30th, 2009 in human rights, law reports, parole, release on licence by sally

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 – WLR Daily

Posted January 29th, 2009 in demonstrations, false imprisonment, human rights, law reports, police by sally

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 – Times Law Reports

Posted January 29th, 2009 in demonstrations, false imprisonment, human rights, law reports, police by sally

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.

Changing the face of human rights – Ministry of Justice

Posted January 29th, 2009 in human rights, speeches by sally

“Jack Straw has given the keynote speech at the annual conference of the British Institute of Human Rights.”

Full speech

Ministry of Justice, 28th January 2009

Source: www.justice.gov.uk

Responding to human rights judgments – Ministry of Justice

Posted January 28th, 2009 in human rights, news by sally

“Government response to the Joint Committee on Human Rights’ 31st Report of Session 2007-08.”

Full response

Ministry of Justice, 27th January 2009

Source: www.justice.gov.uk

R (Wright and others) v Secretary of State for Health and another – WLR Daily

Posted January 27th, 2009 in care workers, human rights, law reports by sally

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 – WLR Daily

Posted January 27th, 2009 in human rights, law reports, prisons, release on licence by sally

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 – WLR Daily

Posted January 26th, 2009 in detention, human rights, Iraq, jurisdiction, law reports by sally

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 – Times Law Reports

Posted January 23rd, 2009 in care workers, human rights, law reports by sally

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.

VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same – WLR Daily

Posted January 20th, 2009 in human rights, immigration, law reports by sally

VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same [2009] EWCA Civ 5; [2009] WLR (D) 7

“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.

Salsbury v The Law Society – Times Law Reports

Posted January 15th, 2009 in disciplinary procedures, human rights, news, solicitors, tribunals by sally

Salsbury v The Law Society

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 – WLR Daily

Posted December 18th, 2008 in criminal procedure, delay, human rights, law reports, Scotland by sally

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 – WLR Daily

Posted December 16th, 2008 in hospitals, human rights, law reports, mental health, suicide by sally

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.

Ruling frees asylum seekers to work – The Observer

Posted December 15th, 2008 in asylum, employment, human rights, news by sally

“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.”

Full story

The Observer, 14th December 2008

Source: http://observer.guardian.co.uk/

Regina (Wellington) v Secretary of State for the Home Department – Times Law Reports

Posted December 12th, 2008 in extradition, human rights, law reports by sally

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 – WLR Daily

Posted December 11th, 2008 in extradition, human rights, law reports, murder by sally

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 – Times Law Reports

Posted December 11th, 2008 in hospitals, human rights, law reports, mental health, suicide by sally

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.

Brown adviser: Labour’s rights record dismal – The Guardian

Posted December 11th, 2008 in human rights, news by sally

“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.”

Full story

The Guardian, 11th December 2008

Source: www.guardian.co.uk

Daughter wins legal battle over mother’s suicide – The Independent

Posted December 10th, 2008 in hospitals, human rights, mental health, negligence, news, suicide by sally

“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. ”

Full story

The Independent, 10th December 2008

Source: www.independent.co.uk