“David Miliband, the foreign secretary, today faces a legal challenge over the government’s failure to introduce a law to regulate private military and security companies. The move, by lawyers acting for the charity War on Want, follows an increasing number of reports of human rights abuse by employees of foreign companies in Iraq and Afghanistan.”
The Guardian, 18th February 2008
Source: www.guardian.co.uk
“The foreign secretary, David Miliband, today opened a rift with the Bush administration by raising doubts about the fairness of US military tribunals for the six men charged in connection with the September 11 attacks.”
The Guardian, 12th February 2008
Source: www.guardian.co.uk
“EU politicians should reject targets for expanding the use of biofuels because the demand for palm oil is leading to human rights abuses in Indonesia, a coalition of international environmental groups claimed today.”
The Guardian, 11th February 2008
Source: www.guardian.co.uk
Court of Appeal
“Where a party contended that a right to property had been breached, the English court had to apply a margin of appreciation in taking into account the jurisprudence of the European Court of Human Rights at Strasbourg.”
The Times, 11th February 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 Parole Board did not have the independence from the executive that was required for its judicial role in determining whether convicted prisoners should be released on licence.”
WLR Daily, 5th February 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 Parole Board’s relationship with the executive was such that it did not have the independence required when determining whether convicted prisoners should remain in prison or be released on licence.”
The Times, 5th February 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.
Saadi v United Kingdom (Application No 13229/03)
European Court of Human Rights
“A delay of 76 hours in providing reasons for the detention of an asylum seeker was not compatible with article 5.2 of the European Convention on Human Rights that such reasons should be given promptly.”
The Times, 4th February 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.
Ofulue and another v Bossert [2008] EWCA Civ 7; [2008] WLR (D) 22
“The Court of Appeal should follow a decision of the European Court of Human Rights that the law of adverse possession as it stood prior to the Land Registration Act 2002 did not violate the right to peaceful enjoyment of possessions, guaranteed by art 1 of Protocol No 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 31st January 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.
R (Griffin) v Richmond Magistrates’ Court [2008] EWHC 84 (Admin); [2008] WLR (D) 13
“The statutory defence under s208(4) of the Insolvency Act 1986, available to a defendant to a charge under s208(1)(c) of the Act, imposed a legal burden of proof which was not incompatible with art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 28th January 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 Government’s new powers to force the handover of encryption keys could be vulnerable to a legal challenge under the Human Rights Act’s guarantee to a fair trial. People who refuse keys or passwords face up to five years in jail.”
OUT-LAW.com, 24th January 2008
Source: www.out-law.com
“Jack Straw has given a speech on how a British Bill of Rights and Responsibilities fits into a long British tradition, and how we would be greatly impoverished without the Human Rights Act.”
Ministry of Justice, 21st January 2008
Source: www.justice.org.uk
“The report presents the findings from the Human Rights Insight Project, which set out to establish whether human rights could be used empirically as a tool to improve the public’s experience of public services and if so, how we in government could encourage and facilitate this.”
Full Report (PDF)
Ministry of Justice, 10th January 2008
Source: www.justice.gov.uk
Savage v South Essex Partnership NHS Foundation Trust
Court of Appeal
“To establish that a hospital at which a suicide had been a detained mental patient was in breach of the right to life guaranteed by the European Convention on Human Rights, the claimant had to show that at the time of the suicide the hospital knew or ought to have known of the existence of a real and immediate risk to her life from self-harm and that it failed to take measures which reasonably might have been expected to avoid that risk.”
The Times, 9th January 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.
Dickson and Another v United Kingdom (Application No 44362/04)
European Court of Human Rights
“While the state had a duty to ensure the protection of children, it was disproportionate for it to prevent the conception of a child by a life-term prisoner and his wife through artificial insemination.”
The Times, 21st December 2007
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.
Regina (Main) v Minister for Legal Aid
Court of Appeal
“An inquest held in public was an inquisitorial, not an adversarial process and the coroner could reasonably be expected to carry out a proper investigation without the assistance of counsel for any victims’ families.”
The Times, 18th December 2007
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.
“Members of the European Parliament (MEPs) have criticised EU anti-terror laws for violating basic human rights. The Parliament passed a resolution condemning EU bodies and member states for passing laws which undermine rights to privacy or fair trials.”
OUT-LAW.com, 17th December 2007
Source: www.out-law.com
“Today I am talking to Carl Gardner, former government lawyer and now a freelance author, lecturer and author of the Head of Legal Blog.”
Source: www.charonqc.wordpress.com
Related link: Head of Legal
European Court of Human Rights
“Where there existed a plausible or credible allegation, piece of evidence or item of information relevant to the identification and prosecution of a perpetrator of an unlawful killing, state authorities were under an obligation to take further investigative measures.”
The Times, 7th December 2007
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.
“Britain breached the human rights of a murderer and his wife by refusing them access to IVF treatment, the European Court ruled yesterday.”
The Times, 5th December 2007
Source: www.timesonline.co.uk
Secretary of State for the Home Department v AF [2007] EWHC 2828 (Admin)
“A judge who decided issues arising on a hearing under s 3(10) of the Prevention of Terrorism Act 2005 adversely to either party was not for that reason disqualified by prejudgment from adjudicating in subsequent proceedings under the 2005 Act to which the respondent was a party.”
WLR Daily, 3rd December 2007
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.
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