Category: human rights

E v Chief Constable of the Royal Ulster Constabulary and Another

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

E v Chief Constable of the Royal Ulster Constabulary and Another – Times Law Reports

Posted November 19th, 2008 in human rights, judicial review, law reports, Northern Ireland, police, public order by sally

House of Lords

“The positive obligation imposed on the state by article 3 of the European Convention on Human Rights to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified and absolute. It was an obligation to do all that was reasonably to be expected to avoid a real or immediate risk to an individual once the existence of that risk was known or ought to have been known.”

The Times, 19th November 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Iraqis accused of killing soldiers at risk of torture, court told – The Guardian

Posted November 19th, 2008 in human rights, Iraq, news, torture, war crimes by sally

“Two Iraqis accused of killing British soldiers risk being tortured and executed, in violation of their human rights, if they are tried in Iraq for war crimes, the high court was told yesterday.”

E v Chief Constable of the Royal Ulster Constabulary and another (Northern Ireland Human Rights Commission intervening) [2008] UKHL 66; [2008] WLR (D) 351

The Guardian, 19th November 2008

Source: www.guardian.co.uk

E v Chief Constable of the Royal Ulster Constabulary and another (Northern Ireland Human Rights Commission intervening) – WLR Daily

Posted November 13th, 2008 in human rights, judicial review, law reports, Northern Ireland, police, public order by sally

“The positive obligation imposed on the state and its emanations by art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified, and was an obligation to do all that was reasonably to be expected to avoid a real or immediate risk to an individual once the existence of that risk was known or ought to have been known.”

WLR Daily, 12th November 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Naming and shaming criminal masterminds ‘infringes their human rights’ – Daily Telegraph

Posted November 12th, 2008 in anonymity, human rights, news by sally

“The leaders of the Serious Organised Crime Agency (Soca) have been ‘deeply frustrated’ after lawyers advised them not to name 39 convicted criminals because it would breach the convicts’ right to a family and private life, and could amount to an ‘unfair’ punishment.”

Daily Telegraph, 12th November 2008

Source: www.telegraph.co.uk

Lawyers’ riposte to Mail editor: this act protects everybody – The Guardian

Posted November 11th, 2008 in human rights, media, news, privacy by sally

“Senior lawyers hit back yesterday at the editor of the Daily Mail, Paul Dacre, after he railed against the ‘wretched’ Human Rights Act and a high court judge whose judgments he described as ‘arrogant and amoral’.”

The Guardian, 11th November 2008

Source: www.guardian.co.uk

Lord Lester stands down as adviser to Jack Straw – The Times

Posted November 6th, 2008 in constitutional law, human rights, news by sally

“The Prime Minister’s plans to introduce a ‘Bill of Rights and Responsibilities’ have been dealt a blow with the resignation of the Lord Lester of Herne Hill, the Liberal Democrat peer.”

The Times, 5th November 2008

Cabinet revolt over Straw’s rights and responsibilities plan – The Guardian

Posted November 4th, 2008 in constitutional law, human rights, news by sally

“Jack Straw, the justice secretary, is facing a cabinet-level revolt over his plans for a British bill of rights and responsibilities, and has sent his justice minister, Michael Wills, on a mission to re-explain the proposals to sceptical Whitehall departments.”

Warner v Verfides (Hafner and another intervening) [2008] EWHC 2609 (Ch); [2008] WLR (D) 338

The Guardian, 4th November 2008

Source: www.guardian.co.uk

Warner v Verfides (Hafner and another intervening) – WLR Daily

Posted November 3rd, 2008 in disclosure, human rights, insolvency, law reports by sally

“There was no reason why documents created by one party and sent to another should cease to be “correspondence” on their receipt by the latter. In the case of business correspondence, it could still engage the right to respect for private life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 31st October 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MoD ‘can be sued’ over SAS deaths – The Guardian

Posted November 3rd, 2008 in Afghanistan, armed forces, human rights, negligence, news by sally

“The families of three SAS soldiers and a female corporal killed in Afghanistan when their Land Rover hit a landmine have a strong legal basis for suing the Ministry of Defence under the European Convention on Human Rights, according to a senior barrister.”

The Guardian, 2nd November 2008

Source: www.guardian.co.uk

Are judges ‘cautious’ about human rights? – Daily Telegraph

Posted November 3rd, 2008 in adoption, human rights, judiciary, news, Northern Ireland by sally

“Law lord says they should boldly go where the European Court of Human Rights fears to tread, even if this will mean unmarried couples in Northern Ireland applying to adopt.”

Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE

Daily Telegraph, 31st October 2008

Source: www.telegraph.co.uk

Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE – Times Law Reports

Posted October 29th, 2008 in control orders, disclosure, human rights, law reports, terrorism by sally

Court of Appeal

“While as much information as possible, without imperilling national security, should be disclosed to a person subject to a control order, it was arguable that there was no irreducible minimum the nondisclosure of which would automatically make a trial unfair.”

The Times, 29th October 2008

Horsham Properties Group Ltd v Clark and Another

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Horsham Properties Group Ltd v Clark and Another – Times Law Reports

Posted October 29th, 2008 in human rights, law reports, mortgages, sale of land by sally

Chancery Division

“The exercise of a statutory power of sale under section 101 of the Law of Property Act 1925 was not a deprivation of possessions for the purposes of article 1 of the First Protocol to the European Convention on Human Rights, protecting the right to property.”

The Times, 29th October 2008

Regina (Haase) v Independent Adjudicator and Another

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Haase) v Independent Adjudicator and Another – Times Law Reports

Posted October 28th, 2008 in bias, disciplinary procedures, human rights, law reports, prisons by sally

Court of Appeal

“In order to ensure that a trial was fair for the purposes of article 6 of the European Convention on Human Rights the tribunal was required to be independent and impartial, but it was not necessary for the prosecutor to be independent and impartial.”

The Times, 28th October 2008

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) [2008] UKHL 63; [2008] WLR (D) 00; [2008] WLR (D) 328

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) – WLR Daily

Posted October 24th, 2008 in benefits, disabled persons, homelessness, human rights, law reports by sally

“The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within art 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms but it was lawful as it could be justified on policy grounds.”

WLR Daily, 23rd October 2008

R (Reynolds) v Independent Police Complaints Commission (Chief Constable of Sussex Police appearing as interested party) [2008] EWCA Civ 1160; [2008] WLR (D) 327

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Reynolds) v Independent Police Complaints Commission (Chief Constable of Sussex Police appearing as interested party) – WLR Daily

Posted October 24th, 2008 in complaints, human rights, law reports, personal injuries, police by sally

“Where a man who had been arrested for being drunk and disorderly was found, while in custody, to be in a coma and was later shown to be suffering from a serious injury which might have been caused during or before he was taken into custody, the Independent Police Complaints Commission had a power and a duty independently to investigate the cause of the injury even if that meant that it had to investigate events which occurred before the man had come into contact with the police.”

WLR Daily, 23rd October 2008

EM (Lebanon) v Secretary of State for the Home Department (AF and others intervening) [2008] UKHL 64; [2008] WLR (D) 00; [2008] WLR (D) 325

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

EM (Lebanon) v Secretary of State for the Home Department (AF and others intervening) – WLR Daily

Posted October 24th, 2008 in children, divorce, human rights, immigration, law reports by sally

“The removal of a foreign national from the United Kingdom was unlawful, as incompatible with the United Kingdom’s obligations under art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if it would amount to a flagrant breach of her right to respect for her family life so as to completely deny or nullify that right in the destination country.”

WLR Daily, 23rd October 2008

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) [2008] EWHC 2519 (Admin); [2008] WLR (D) 323

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) – WLR Daily

Posted October 24th, 2008 in disclosure, human rights, law reports, terrorism by sally

“In the light of the stance taken by the US government that it would reconsider the intelligence relationship between the United States and the United Kingdom if the court were to make the order sought by the claimant, the appropriate course was to stay proceedings until after the outcome of the forthcoming hearing in the US Federal District Court, in the hope that a means would be found under the United States’ own judicial procedures of securing disclosure of the potentially exculpatory documents to the claimant’s US lawyers and thereby bringing the matter to an early and just resolution.”

WLR Daily, 23rd October 2008

EM (Lebanon) v Secretary of State for the Home Department

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

EM (Lebanon) v Secretary of State for the Home Department – Times Law Reports

Posted October 24th, 2008 in children, divorce, human rights, immigration, law reports by sally

House of Lords

“The removal of a foreign national from the United Kingdom would be incompatible with the United Kingdom’s obligations under article 8 of the European Convention on Human Rights as it would completely deny or nullify her right to family life in the destination country.”

The Times, 24th October 2008