“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
Carson and Others v United Kingdom (Application No 42184/05)
European Court of Human Rights
“The exclusion of pensioners living abroad from an index-linked uprating scheme applicable to all pensioners in the United Kingdom was not in breach of the European Convention on Human Rights.”
The Times, 20th November 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.
E v Chief Constable of the Royal Ulster Constabulary and Another
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
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.
“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.”
The Guardian, 19th November 2008
Source: www.guardian.co.uk
“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
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 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
“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
“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
Source: www.timesonline.co.uk
“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.”
The Guardian, 4th November 2008
Source: www.guardian.co.uk
Warner v Verfides (Hafner and another intervening) [2008] EWHC 2609 (Ch); [2008] WLR (D) 338
“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
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 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
“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.”
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
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
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.
Horsham Properties Group Ltd v Clark and Another
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
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.
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