Regina (Wood) v Commissioner of Police of the Metropolis
Queen’s Bench Division
“Taking and retaining photographs of someone engaged in a political protest or demonstration was not unlawful and did not infringe his human rights.”
The Times, 13th June 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.
Court of Appeal
“There was no breach of a mother’s right to a fair hearing under article 6 of the European Convention on Human Rights when she was represented by the Official Solicitor who conceded that overwhelming evidence justified making a care order.”
The Times, 10th June 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.
“A dossier of abuse of the human rights of children and young people in Britain will be presented to United Nations inspectors today in a joint submission from the four children’s commissioners for England, Scotland, Wales and Northern Ireland.”
The Guardian, 9th June 2008
Source: www.guardian.co.uk
N v United Kingdom (Application No 26565/05)
European Court of Human Rights
“The removal of an alien suffering from a serious illness to a country where the facilities for treating that illness were inferior to those available in a state party to the European Convention on Human Rights might raise an issue under the Convention but only in a very exceptional case where humanitarian grounds against removal were compelling.”
The Times, 6th June 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.
“The government’s concessions on 42-day pre-charge detention for terrorism suspects have left the legislation in breach of human rights law, the joint select committee on human rights will say today.”
The Guardian, 5th June 2008
Source: www.guardian.co.uk
“Allowing terrorist suspects to be held without charge for up to 42 days in the UK could encourage other EU countries to pass similar legislation, Europe’s human rights commissioner said today.”
The Guardian, 2nd June 2008
Source: www.guardian.co.uk
Regina (Smith) v Assistant Deputy Coroner for Oxfordshire; Secretary of State for Defence v Same
Queen’s Bench Division
“The right to life, protected by article 2 of the European Convention on Human Rights, could extend to members of the Armed Forces, wherever they might be; whether it did so would depend on the circumstances of the particular case.”
The Times, 30th May 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.
Queen’s Bench Divisional Court
“Preventing detained mental patients from smoking was not a breach of article 8, right to respect for private and family life, or article 14, prohibiting discrimination, of the European Convention on Human Rights.”
The Times, 28th May 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.
European Court of Human Rights
“A local authority which bypassed the statutory scheme for evicting a tenant, had violated his right to respect for the home, as guaranteed by article 8 of the European Convention on Human Rights, when the summary procedure used had not provided appropriate procedural safeguards.”
The Times, 23rd May 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.
BE (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 540; [2008] WLR (D) 159
“An Iranian soldier who had been ordered in peacetime to plant land mines liable to kill or maim innocent civilians, and who had deserted, was entitled to international protection as a refugee since the order constituted a requirement that he commit a grave violation of human rights which could further be characterised as ‘gross’ and ‘an atrocity’.
WLR Daily, 21st May 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.
Regina (Nasseri) v Secretary of State for the Home Department
Court of Appeal
“A provision which prevented the Secretary of State for the Home Department from considering whether certain listed countries would return asylum seekers in violation of their human rights did not enact an absolute bar, but was limited in scope.”
The Times, 20th May 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.
“Making it illegal for children aged 16 to 18 to leave school could be a breach of their human rights, a parliamentary committee said today, creating yet another embarrassment for Gordon Brown.”
The Guardian, 16th May 2008
Source: www.guardian.co.uk
R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464; [2008] WLR (D) 150
“The scope of the deeming provision in Sch 3, Pt 2, para 3(2) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, which required states listed in Sch 2, Pt 2, para 2 of the Act to be treated as countries safe for a person to be returned, was limited to the actual process of executive decision or adjudication of whether a person’s removal would contravene his rights under art 3 of the Human Rights Convention. It did not preclude a more general consideration of whether a listed state’s laws and practices were Convention compliant, therefore the list system was not incompatible with art 3 of the Convention.”
WLR Daily, 15th May 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.
“Yorkshire ripper Peter Sutcliffe has launched a bid for freedom, claiming his human rights have been breached.”
Daily Telegraph, 14th May 2008
Source: www.telegraph.co.uk
“A senior police officer has launched a scathing attack against ‘appalling’ murderers and rapists who protect themselves from justice using the Human Rights Act.”
Daily Telegraph, 13th May 2008
Source: www.telegraph.co.uk
“A convicted rapist sexually assaulted and murdered a teenage girl after a council was told he could not be evicted because it would breach his human rights.”
Daily Telegraph, 10th May 2008
Source: www.telegraph.co.uk
Secretary of State for the Home Department v AF (No 3)
Queen’s Bench Division
“Fair trial provisions guaranteed by the European Convention on Human Rights could not be overcome by a claim that the offended party’s case had no possible chance of success.”
The Times, 25th April 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.
“Roger Smith reflects on a bungled attempt by the government to expedite deportations to countries with dubious human rights records.“
Law Society’s Gazette, 24th April 2008
Source: www.lawgazette.co.uk
R (Black) v Secretary of State for Justice [2008] EWCA Civ 359; [2008] WLR (D) 114
“S 35(1) of the Criminal Justice Act 1991, giving the Secretary of State power to override a Parole Board recommendation for the release on parole of a prisoner serving a sentence of more than 15 years, was not compatible with art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 17th April 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.
“Four landmark court rulings last week placed into sharp focus the ongoing trial of strength between ministers and the judiciary.”
Law Society’s Gazette, 17th April 2008
Source: www.lawgazette.co.uk
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