“Access to justice is a luxury for many victims of discrimination, the head of the new equalities watchdog warned last night.”
The Guardian, 24th October 2007
Source: www.guardian.co.uk
Relationship too close for independence of board
Queen’s Bench Divisional Court
“The Parole Board’s relationship with central government was such that it did not have sufficient independence to carry out its role of reviewing the continued detention of prisoners lawfully, as required by common law and article 5.4 of the European Convention on Human Rights.”
The Times, 18th October 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.
“The ban on hunting with dogs violates the fundamental human rights of thousands of people whose livelihood and way of life revolve around the meet and the chase, the House of Lords heard today.”
The Times, 10th October 2007
Source: www.timesonline.co.uk
“A 60-year-old Palestinian will begin a case against the UK government in the High Court later when he will say that sales of arms to Israel are illegal.”
BBC News, 10th October 2007
Source: www.bbc.co.uk
“A test case which could affect the employment rights of thousands of people who care for disabled or elderly relatives will go to the European court of justice in Luxembourg tomorrow.”
The Guardian, 8th October 2007
Source: www.guardian.co.uk
“Britain’s most senior judge defended the Human Rights Act this morning as a key weapon in the fight against terrorism and called for the rights of the UK’s ‘millions of immigrants’ to be protected.”
The Times, 3rd October 2007
Source: www.timesonline.co.uk
“Routine activities conducted in a public place, such as walking down the street or visiting the shops, did not attract any reasonable expectation or guarantee of privacy so that an individual who had been photographed in a public place could not rely on the right to respect for his private and family life under art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, absent some other special circumstance such as harassment or distress.”
WLR Daily, 7th August 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.
State’s duty to investigate
Regina (JL) (a Youth) v. Secretary of State for the Home Department
Court of Appeal
“Where there was a near death or death in custody the state was obliged to investigate the facts and explain. It was not for the victim or family to establish some arguable case before that investigation took place.”
The Times, 2nd October 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
“This report examines how courts in the UK and Europe respond when human rights and security appear to conflict. It compares cases from the UK, France, Germany, Spain, and the European Court of Human Rights, and examines how human rights are applied and how courts use the concept of proportionality to mediate conflicts between rights and security.”
Ministry of Justice, 27th September 2007
Source: www.justice.gov.uk
“An asylum seeker with Aids who claims it would amount to inhuman or degrading treatment to send her home to Uganda will take a test case to the 17-judge grand chamber of the European court of human rights in Strasbourg today.”
The Guardian, 26th September 2007
Source: www.guardian.co.uk
“A review of human rights laws in Britain and Europe has been demanded by John Reid amid fresh fears that they are hindering the fight against crime and terrorism.”
Daily Telegraph, 17th September 2007
Source: www.telegraph.co.uk
“The troubled parole system suffered another blow yesterday when the High Court ruled that hearings in which prisoners are assessed for release are not sufficiently independent of Government.”
Daily Telegraph, 9th September 2007
Source: www.telegraph.co.uk
“Lord Justice Sedley’s proposal to put everyone in the UK on a DNA database would be dependent on a British man’s case against the UK at the European Court of Human Rights (ECHR), according to a privacy law expert.”
OUT-LAW.com, 7th September 2007
Source: www.out-law.com
“A property developer’s landmark legal fight to secure compensation for land lost to squatters has ended in failure after Europe’s highest court ruled that UK law did not breach the developer’s human rights.”
The Times, 30th August 2007
Source: www.timesonline.co.uk
“The case of Learco Chindamo, who was jailed 11 years ago for the murder of headteacher Philip Lawrence, has raised questions over the very existence of the Human Rights Act. The decision on Monday by the Asylum and Immigration Tribunal that Chindamo cannot be deported to Italy if he is released from prison has provoked the Conservative leader David Cameron to call for the outright abolition of the Act, the first attempt by a Government to enshrine international human rights conventions into English law.”
The Independent, 23rd August 2007
Source: www.independent.co.uk
“Where there had been a death or near death in custody the state was obliged to conduct an enhanced investigation commenced by a person independent of those implicated in the facts. If the investigator found that the state or its agents potentially bore responsibility and that it was not plain that they could bear no responsibility it would be necessary to hold a further inquiry in the nature of a public hearing in which the next of kin or injured person could play a part.”
WLR Daily, 24th July 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.
“As the Camp for Climate Action began planning in earnest for next week’s protest at Heathrow, one veteran protester against the Iraq war was also enjoying a moment of vindication.”
The Independent, 7th August 2007
Source: www.independent.co.uk
Asylum Act provision is incompatible
Regina (Nasseri) v. Secretary of State for the Home Department
Queen’s Bench Division
“An absolute bar preventing the Secretary of State for the Home Department from considering whether certain countries would return asylum-seekers in contravention of their human rights was incompatible with the right to not be subjected to torture or inhuman or degrading treatment or punishment.”
The Times, 3rd August 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
“Millions of pounds are set to be paid out by the Government to prisoners kept in jail beyond their release dates.”
Daily Telegraph, 29th July 2007
Source: www.telegraph.co.uk
“A convicted rapist has won a ruling to block his deportation on human rights grounds, it was revealed yesterday.”
Daily Telegraph, 19th July 2007
Source: www.telegraph.co.uk
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