Category: human rights

R (Haase) v District Judge Nuttall and another [2008] EWCA Civ 1089; [2008] WLR (D) 316

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

R (Haase) v District Judge Nuttall and another – WLR Daily

Posted October 16th, 2008 in disciplinary procedures, human rights, law reports, prisons, prosecutions by sally

“There was no general requirement that a prosecutor be independent and impartial to comply with the right to a fair trial in art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 15th October 2008

Regina (C) v Secretary of State for Justice

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

Regina (C) v Secretary of State for Justice – Times Law Reports

Posted October 14th, 2008 in children, human rights, law reports, restraint, secure training centres, Youth Justice Board by sally

Court of Appeal

“Secondary legislation laid before Parliament three weeks after a report sent by the Youth Justice Board to the directors of privatised secure training centres holding children, following two deaths in custody, was quashed as procedurally flawed and in breach of the European Convention on Human Rights.”

The Times, 14th October 2008

R. K. and A. K. v United Kingdom (Application No 38000/05)

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

R. K. and A. K. v United Kingdom – Times Law Reports

Posted October 13th, 2008 in care orders, human rights, law reports by sally

European Court of Human Rights

“Although the removal of a child from parental care did not amount to a breach of article 8 of the European Convention on Human Rights, guaranteeing the right to respect for private and family life, there was a breach of article 13, guaranteeing an effective remedy.”

The Times, 13th October 2008

Horsham Properties Group Ltd v Clark and another (Secretary of State for Justice intervening) [2008] EWHC 2327 (Ch); [2008] WLR (D) 307

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

Horsham Properties Group Ltd v Clark and another (Secretary of State for Justice intervening) – WLR Daily

Posted October 9th, 2008 in human rights, law reports, mortgages, sale of land by sally

“The exercise of a statutory power of sale under s 101 of the Law of Property Act 1925 after a relevant default by the mortgagor was not a deprivation of possessions within the meaning of art 1of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR, 8th October 2008

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

Mosley takes privacy battle to Strasbourg – The Guardian

Posted October 6th, 2008 in human rights, media, news, privacy by sally

“Max Mosley, the president of formula one’s governing body, is to continue his challenge to the law of privacy by taking his case to the European court of human rights in Strasbourg.”

The Guardian, 4th October 2008

Source: www.guardian.co.uk

Grayson v United Kingdom – Times Law Reports

Posted October 2nd, 2008 in confiscation, human rights, law reports, proceeds of crime, proof by sally

Grayson v United Kingdom

European Court of Human Rights

“It was not incompatible with the notion of a fair hearing in criminal proceedings for the onus of proof to be placed on the accused to provide a credible account of his financial situation, once it has been proved that he had been involved in extensive and lucrative drug dealing over a period of years.”

The Times, 2nd October 2008

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

Lawyers say UK Guantánamo suspect has no hope of fair trial – The Guardian

Posted October 2nd, 2008 in human rights, news, terrorism, torture by sally

“The system of US military courts is so politically biased that Binyam Mohamed, a British resident held at Guantánamo Bay, has no prospect of a fair trial, his lawyers said yesterday.”

The Guardian, 2nd October 2008

Source: www.guardian.co.uk

Soldiers who hand prisoners to US could face legal action, MPs warned – The Guardian

Posted September 29th, 2008 in armed forces, human rights, news, torture by sally

“British troops who hand over prisoners in Iraq to US military personnel could find themselves facing prosecution, according to a legal opinion compiled for parliament.”

The Guardian, 29th September 2008

Source: www.guardian.co.uk

UK to sign UN children convention – BBC News

Posted September 19th, 2008 in children, human rights, news, treaties by sally

“The government has decided to sign the UN Convention on the Rights of the Child in full, the BBC has learned.”

BBC News, 19th September 2008

Source: www.bbc.co.uk

Asylum rules ‘risk human rights’ – BBC News

Posted September 19th, 2008 in asylum, human rights, immigration, news by sally

“Changes to Britain’s asylum and immigration controls could breach human rights, a European watchdog has warned.”

TB (Jamaica) v Secretary of State for the Home Department

BBC News, 18th September 2008

Source: www.bbc.co.uk

TB (Jamaica) v Secretary of State for the Home Department – Times Law Reports

Posted September 9th, 2008 in abuse of process, asylum, human rights, law reports by sally

Court of Appeal

“It would be wrong as a matter of principle if the Secretary of State for the Home Department could circumvent the decision of an immigration appeal tribunal by an administrative decision.”

The Times, 9th September 2008

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

Lifely v Lifely – Times Law Reports

Posted August 27th, 2008 in admissibility, evidence, human rights, law reports by sally

Lifely v Lifely

Court of Appeal

“When the court was considering the admissibility of arguably wrongfully obtained fresh evidence it might consider factors going beyond the classical test.”

The Times, 27th August 2008

Regina (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party

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

Regina (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party – Times Law Reports

Posted August 21st, 2008 in housing, human rights, law reports by sally

Court of Appeal

“A secure tenant, who lost that security when the tenancy was demoted on account of antisocial behaviour, failed in her challenge to the local authority landlord’s internal review procedure for reconsideration of the landlord’s seeking a county court order for possession.”

The Times, 20th August 2008

Doherty v Birmingham City Council

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

Doherty v Birmingham City Council – Times Law Reports

Posted August 14th, 2008 in human rights, law reports, local government, travellers by sally

House of Lords

“Although the definition of a ‘protected site’ in section 5(1) of the Mobile Homes Act 1983, in excluding Gypsies from the protection of that Act, was incompatible with an occupier’s right to respect for his home in article 8 of the European Convention on Human Rights, incompatible primary legislation had to be enforced and an occupier’s defence to a local authority’s claim for possession should be remitted to the judge for examination of the question whether the council’s decision to seek possession had been reasonable.”

The Times, 14th August 2008

Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57; [2008] WLR (D) 291

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

Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted August 13th, 2008 in human rights, law reports, local government, travellers by sally

“The definition of ‘protected site’ in s 5(1) of the Mobile Homes Act 1983, in excluding gipsies from the protection of the Act, was incompatible with an occupier’s right under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to respect for his home. The occupier’s case should be remitted to the judge to consider whether the local authority’s decision to seek possession had been reasonable.”

WLR Daily, 12th August 2008

Regina (Baiai and Another) 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.

Regina (Baiai and Another) v Secretary of State for the Home Department – Times Law Reports

Posted August 13th, 2008 in human rights, immigration, law reports, marriage by sally

House of Lords

“Speeches July 30, 2008 The statutory scheme requiring the permission of the Secretary of State for the Home Department for marriage by people who were subject to immigration control or were illegal entrants was disproportionate and infringed the right to marry protected by article 12 of the European Convention on Human Rights.”

The Times, 13th August 2008

Regina (A) v Director of Establishments of the Security Service

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

Regina (A) v Director of Establishments of the Security Service – Times Law Reports

Posted August 5th, 2008 in human rights, investigatory powers, jurisdiction, law reports, tribunals by sally

Queen’s Bench Division

“The Investigatory Powers Tribunal did not have exclusive jurisdiction where a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights brought up matters within its purview.”

The Times, 5th August 2008

Lifely v Lifely [2008] EWCA Civ 904; [2008] WLR (D) 280

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

Lifely v Lifely – WLR Daily

Posted August 4th, 2008 in admissibility, evidence, human rights, law reports by sally

“Where fresh evidence had arguably been wrongfully obtained considerations beyond the classical requirements under the Ladd v Marshall test might be appropriate when the court was considering whether such evidence should be admitted.”

WLR Daily, 1st August 2008

R (Baiai and another) v Secretary of State for the Home Department (Nos 1 and 2); R (Bigoku and another) v Same; R (Tilki) v Same (Joint Council for the Welfare of Immigrants and another intervening) [2008] UKHL 53; [2008] WLR (D) 272

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

R (Baiai and another) v Secretary of State for the Home Department (Nos 1 and 2); R (Bigoku and another) v Same; R (Tilki) v Same (Joint Council for the Welfare of Immigrants and another intervening) – WLR Daily

Posted August 1st, 2008 in human rights, immigration, law reports, marriage by sally

“The statutory scheme requiring the Secretary of State’s permission for marriage by people who were subject to immigration control or were illegal entrants was disproportionate and infringed the right to marry protected by art 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms, scheduled to the Human Rights Act 1998.”

WLR Daily, 31st July 2008