Category: human rights

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

Secretary of State for the Home Department v AF; Same v AM; Same v AN; Same v AE [2008] EWCA Civ 1148; [2008] WLR (D) 320

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

Building a Better Society – Speech by The Rt Hon Lady Justice Arden

Posted October 22nd, 2008 in human rights, speeches by sally

Building a Better Society (PDF)

Speech by The Rt Hon Lady Justice Arden DBE

Justice 10th Annual Rights Law Conference, 21st October 2008

Source: www.judiciary.gov.uk

Secretary of State for the Home Department v AF; Same v AM; Same v AN; Same v AE – WLR Daily

Posted October 21st, 2008 in control orders, human rights, law reports, terrorism by sally

“The Court of Appeal gave guidance on the proper approach to the compatibility with the right to a fair trial in art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms of hearings under s 3(10) of the Prevention of Terrorism Act 2005 to determine whether the Secretary of State for the Home Department had reasonable grounds for suspecting the involvement of the controlee in terrorism-related activities.”

WLR Daily, 21st October 2008

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