Category: human rights

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

Mason v Ministry of Justice [2008] EWHC 1787 (QB); [2008] WLR (D) 265

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

Mason v Ministry of Justice – WLR Daily

Posted July 31st, 2008 in human rights, law reports, parole, prisons by sally

“The discretion to release a prisoner on home detention curfew could lawfully be exercised by the executive. An individual’s right under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms, to take proceedings by which the lawfulness of his detention could be decided, was adequately protected by the possibility of review of decisions of the executive on general public law principles.”

WLR Daily, 30th July 2008

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

Police cleared over witness’s death – The Independent

Posted July 30th, 2008 in duty of care, human rights, negligence, news, police, witnesses by sally

“Police were today cleared of liability for the death of a court witness who was murdered days before he was due to give evidence.”

The Independent, 30th July 2008

Source: www.independent.co.uk

Ruling due in witness murder case – BBC News

Posted July 30th, 2008 in human rights, murder, news, police, witnesses by sally

“Law Lords are expected to rule later on whether a police force breached the human rights of a witness who was murdered before he could give evidence.”

NA v United Kingdom (Application No. 25904/07)

BBC News, 30th July 2008

Source: www.bbc.co.uk

NA v United Kingdom (Application No. 25904/07)- Times Law Reports

Posted July 28th, 2008 in asylum, human rights, law reports, Sri Lanka by sally

European Court of Human Rights

” The level of risk of ill-treatment in returning failed asylum-seekers to Sri Lanka was indicated by the fact that since 2007 the European Court of Human Rights has granted interim measures preventing the return of 342 Tamil applicants from the United Kingdom.”

The Times, 28th July 2008

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

Lord Bingham speaks out – BBC Law in Action

Posted July 16th, 2008 in criminal justice, human rights, judiciary, special report by sally

“In a rare interview, Lord Bingham gives forthright opinions on human rights legislation, tackling crime, the role and power of judges and access to justice.”

Liberty and Others v United Kingdom

BBC Law in Action, 15th July 2008

Source: www.bbc.co.uk

Liberty and Others v United Kingdom – Times Law Reports

Posted July 11th, 2008 in human rights, interception, law reports by sally

European Court of Human Rights

“Complaints by civil liberty organisations about secret interception by the Ministry of Defence of their external communications were not dealt with adequately under the Interception of Communications Act 1985 which had not been formulated with sufficient clarity to give individuals protection.”

The Times, 11th july 2008

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

Charities ‘should be subject to human rights’ – The Guardian

Posted July 9th, 2008 in charities, freedom of information, human rights, news by sally

“Human rights and freedom of information legislation should be extended to cover charities and social enterprises that deliver public services, such as care homes, a report said today.”

R (Gilboy) v Liverpool City Council [2008] EWCA Civ 751; [2008] WLR (D) 224

The Guardian, 9th July 2008

Source: www.guardian.co.uk

R (Gilboy) v Liverpool City Council – WLR Daily

Posted July 8th, 2008 in housing, human rights, law reports by sally

“The internal review procedure for reconsideration by a local housing authority of a decision to terminate a demoted tenancy complied with article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 7th July 2008

Beoku-Betts 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.

Beoku-Betts v Secretary of State for the Home Department – Times Law Reports

Posted July 8th, 2008 in human rights, immigration, law reports by sally

House of Lords

“An adjudicator determining an alleged breach of an immigrant’s right to respect for his family life under article 8 of the European Convention on Human Rights was required to take account of the whole family and if removal would be disproportionate, all affected family members were victims.”

The Times, 8th July 2008

Beoku-Betts v Secretary of State for the Home Department [2008] UKHL 39; [2008] WLR (D) 209

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

Beoku-Betts v Secretary of State for the Home Department – WLR Daily

Posted June 27th, 2008 in human rights, immigration, law reports by sally

“S 65 of the Immigration and Asylum Act 1999 required an adjudicator, in determining an alleged breach of a claimant’s right to respect for his family life under art 8 of the European Convention, as scheduled to the Human Rights Act 1998, to take account of the family unit as a whole, and if, overall, removal would be a disproportionate interference, all affected family members were to be included as victims.”

WLR Daily, 26th June 2008

Chikwamba v Secretary of State for the Home Department [2008] UKHL 40; [2008] WLR (D) 202

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

Chikwamba v Secretary of State for the Home Department – WLR Daily

Posted June 26th, 2008 in asylum, human rights, law reports by sally

“An appeal based on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms against refusal of asylum and leave to enter should not be routinely dismissed on the ground that it would be proportionate and more appropriate for the applicant to return to her home country to apply for leave to enter.”

WLR Daily, 25th June 2008

Chikwamba 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.

Chikwamba v Secretary of State for the Home Department – Times Law Reports

Posted June 26th, 2008 in asylum, human rights, law reports by sally

House of Lords

“An appeal based on the right to family life against a refusal of asylum and leave to enter should not be dismissed routinely because policy required the appellant to leave the country to apply for entry clearance abroad.”

The Times, 26th June 2008

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

The fine line between tolerance and political correctness – The Times

Posted June 26th, 2008 in human rights, minorities, special report by sally

“Does one betray or does one defend Western values by allowing those committed to destroying them to be exposed to practices that are anti-Western?”

The Times, 26th June 2008