Category: human rights

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

Blow for MoD as judge rules soldiers have battlefield rights – Daily Telegraph

Posted April 11th, 2008 in armed forces, human rights, news by sally

“The Ministry of Defence has been dealt a groundbreaking legal defeat by a High Court judge who ruled soldiers’ human rights must be protected on the battlefield.”

AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289; [2008] WLR (D) 104

The Daily Telegraph, 11 April 2008

Source: www.telegraph.co.uk

AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289 – WLR Daily

Posted April 11th, 2008 in deportation, human rights, law reports by sally

“In order to show strong grounds for believing that a foreign national if deported would face a real risk of being subjected to torture or inhuman or degrading treatment in breach of art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms it was necessary to produce evidence, not mere speculation, to establish that risk. That was a stringent test, requiring rigorous examination of the evidence.”

WLR Daily, 10th April 2008

Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290; [2008] WLR (D) 103

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

Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290 – WLR Daily

Posted April 11th, 2008 in deportation, human rights, law reports by sally

“The deportation of a foreign national on the ground that his presence was not conducive to the public good because he was a danger to the national security of the United Kingdom would breach that person’s right to a fair trial under art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms if in the receiving state he was at real risk of being tried on evidence obtained by torture.”

WLR Daily, 10th April 2008

R (Gentle and another) v Prime Minister and others [2008] UKHL 20

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

R (Gentle and another) v Prime Minister and others [2008] UKHL 20 – WLR Daily

Posted April 11th, 2008 in armed forces, human rights, international law, Iraq, law reports, war by sally

“Art 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which provided that “everyone’s right to life shall be protected by law”, did not place the Government under a duty to members of the armed forces and their families to hold a public inquiry into whether it had obtained adequate legal advice on the lawfulness under international law of the invasion of Iraq.”

WLR Daily, 10th April 2008

Goodall v Peak District National Park Authority; [2008] WLR (D) 99

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

Goodall v Peak District National Park Authority – WLR Daily

Posted April 10th, 2008 in enforcement notices, human rights, law reports, planning, time limits by sally

“The 28 day time limit for appealing against an enforcement notice prescribed by s174(3) of the Town and Country Planning Act 1990 was not incompatible with the right to a fair trial guaranteed by art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 9th April 2008

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

Legal bid to force Iraq inquiry – BBC News

Posted April 9th, 2008 in armed forces, human rights, Iraq, news, war by sally

“Nine Law Lords are to rule on another legal bid to force a public inquiry into Britain’s involvement in Iraq.”

BBC News, 9th April 2008

Source: www.bbc.co.uk

Web filtering must be necessary and transparent, says Council of Europe – OUT-LAW.com

Posted April 3rd, 2008 in freedom of expression, human rights, internet, news by sally

“The body behind the European Convention on Human Rights has said that internet users must be told when content is being filtered, and that governments should not filter content except in very specific circumstances.”

Regina (Griffin) v Richmond Magistrates Court

OUT-LAW.com, 1st April 2008

Source: www.out-law.com

Regina (Griffin) v Richmond Magistrates Court – Times Law Reports

Posted March 31st, 2008 in fraud, human rights, insolvency, law reports by sally

Queen’s Bench Divisional Court

“A defendant charged with failing to deliver up books and papers in the course of the winding-up of a company and who raised the statutory defence of no intent to defraud bore a legal burden rather than an evidential one; that burden was not incompatible with the right to a fair trial.”

The Times, 31st March 2008

Ministry of Justice v Prison Officers’ Association

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

Ministry of Justice v Prison Officers’ Association – Times Law Reports

Posted March 31st, 2008 in human rights, industrial action, law reports, prison officers by sally

Queen’s Bench Division

“Article 11 of the European Convention on Human Rights guaranteeing freedom of assembly and association, conferred no express right to strike and it was not breached by a court order forbidding any form of industrial action.”

The Times, 31st March 2008

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

UK admits breaching human rights convention over detainee’s death – The Guardian

Posted March 28th, 2008 in armed forces, human rights, Iraq, news, torture by sally

“The government is to admit ‘substantive breaches’ of the European Convention on Human Rights over the death and torture of Iraqi civilians in the custody of British soldiers, Des Browne, the defence secretary, revealed yesterday.”

Regina (Rayner) v Secretary of State for Justice

The Guardian, 28th March 2008

Source: www.guardian.co.uk

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

Posted March 26th, 2008 in human rights, law reports, mental health, tribunals by sally

Court of Appeal

“The statutory scheme dealing with the referral of a recalled mental patient to a mental health review tribunal was not incompatible with the patient’s rights under article 5.4 of the European Convention on Human Rights.”

The Times, 26th March 2008

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

Northern Rock shareholders prepare legal challenge for violation of human rights – The Times

Posted March 20th, 2008 in banking, human rights, nationalisation, news by sally

“Northern Rock’s army of small shareholders took their campaign for compensation to the courts yesterday as they accused the Government of abusing their human rights by nationalising the stricken mortgage lender.”

The Times, 20th March 2008

Regina (Animal Defenders International) v Secretary of State for Culture, Media and Sport

Regina (Animal Defenders International) v Secretary of State for Culture, Media and Sport – Times Law Reports

Posted March 17th, 2008 in advertising, human rights, law reports, media by sally

House of Lords

“The prohibition on political advertising in broadcast media was necessary in a democratic society and not incompatible with the freedom of expression guaranteed by article 10 of the European Convention on Human Rights. ”

The Times, 17th March 2008

R (Rayner) v Secretary of State for Justice [2008] EWCA Civ 176; [2008] WLR (D) 85

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

R (Rayner) v Secretary of State for Justice – WLR Daily

Posted March 14th, 2008 in human rights, law reports, mental health, tribunals by sally

“The statutory scheme dealing with the referral of the case a recalled mental patient to a mental health review tribunal was not incompatible with the patient’s rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, whether because of the timescale envisaged or for lack of a right of direct access to a court.”

WLR Daily, 12th March 2008

R (Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15; WLR (D) 79

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

R (Animal Defenders International) v Secretary of State for Culture, Media and Sport – WLR Daily

Posted March 13th, 2008 in advertising, human rights, law reports, media by sally

“The prohibition in ss 319 and 321 of the Communications Act 2003 on political advertising was compatible with art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms as being necessary in a democratic society.”

WLR Daily, 12th March 2008

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

Stop prayers or face being sued, council told – Daily Telegraph

Posted March 13th, 2008 in human rights, local government, news, race discrimination by sally

“A town council is being advised to stop prayers before meetings or face the threat of legal action under race discrimination or human rights laws.”

Daily Telegraph, 13th March 2008

Source: www.telegraph.co.uk

Government submits human rights report to United Nations – Ministry of Justice

Posted March 6th, 2008 in human rights, press releases by sally

“The United Kingdom has submitted a report to the United Nations on how it is fulfilling its human rights obligations, as part of the UN’s periodic review of member states.”