The changing judicial role: human rights, community law and the intention of Parliament – the Rt Hon Lady Justice Arden

Posted November 29th, 2007 in human rights, lectures, statutory interpretation by sally

“Lecture by the Rt Hon Lady Justice Arden at the Constitutional and Administrative Law Bar Association”

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Judiciary of England and Wales, 28th November 2007

Source: www.judiciary.gov.uk

Regina (Countryside Alliance and Others) v Attorney-General and Another Regina (Derwin and Others) v Same – Times Law Reports

Posted November 29th, 2007 in human rights, hunting, law reports by sally

Regina (Countryside Alliance and Others) v Attorney-General and Another Regina (Derwin and Others) v Same

House of Lords

“The prohibition of hunting wild animals with dogs and hare coursing imposed by the Hunting Act 2004 was not incompatible with the European Convention on Human Rights or inconsistent with the treaty establishing the European Union.”

The Times, 29th November 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

Gault v United Kingdom (Application No 127/05) – Times Law Reports

Posted November 28th, 2007 in bail, human rights, law reports by sally

Gault v United Kingdom (Application No 127/05)

European Court of Human Rights

“The Court of Appeal of Northern Ireland was in breach of the European Convention of Human Rights in refusing bail, when the prosecution did not object, to a mother of triplets pending retrial on a charge of murder.”

The Times, 28th November 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

Litvinenko’s widow goes to court to hunt assassin – The Times

Posted November 26th, 2007 in extradition, human rights, murder, news, Russia by sally

“The widow of the poisoned Russian dissident Alexander Litvinenko said yesterday that she had filed a lawsuit in the European Court of Human Rights to try to force Russia to find out who was behind his death.”

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The Times, 24th November 2007

Source: www.timesonline.co.uk

R (Main) v Minister for Legal Aid – WLR Daily

Posted November 22nd, 2007 in human rights, inquests, law reports, legal aid by sally

R (Main) v Minister for Legal Aid [2007] EWCA Civ 1147

“In refusing an application for discretionary funding for full legal representation at an inquest into deaths following a rail accident, the Minister for Legal Aid had not acted irrationally in concluding that no significant wider public interest would be compromised, nor did the refusal constitute a breach of art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 21st November 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. 

Human rights in the (bus) queue? – The Times

Posted November 20th, 2007 in constitutional law, human rights, special report by sally

“Lord Bingham of Cornhill can’t quite see the point of a new bill of rights.”

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The Times, 20th November 2007

Source: www.timesonline.co.uk

UK condemned for failing to protect children’s rights – The Guardian

Posted November 20th, 2007 in children, human rights, news by sally

“The UK government will be criticised today over key aspects of children’s human rights in a report highlighting how youngsters in custody are being handcuffed or have needed oxygen after being restrained.”

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The Guardian, 20th November 2007

Source: www.guardian.co.uk

Regina (Wright and Others) v Secretary of State for Health and Another – Times Law Reports

Posted November 16th, 2007 in care workers, human rights, law reports by sally

Regina (Wright and Others) v. Secretary of State for Health and Another

Court of Appeal

“Those who worked with vulnerable adults should be given the opportunity to make representations before being placed on a list preventing them doing such work.”

The Times, 16th November 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

R (O’Connell) v Parole Board and another – WLR Daily

Posted November 15th, 2007 in human rights, law reports, oral hearings, parole by sally

R (O’Connell) v Parole Board and another [2007] EWHC 2591 (Admin)

“A decision by the Parole Board as to whether to direct the release on licence of a prisoner serving an extended sentence under s 227 of the Criminal Justice Act 2003 who had not yet finished the custodial part of the imposed term, engaged the right not to be arbitrarily detained under art 5(4) of the European Convention on Human Rights. However, art 5(4) did not require an oral hearing in every case where the question was the assessment of risk to the public, and whether or not an oral hearing was necessary would depend upon the facts.”

WLR Daily, 13th November 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.

Government wins terror control case – The Independent

Posted October 31st, 2007 in control orders, human rights, news, terrorism by sally

“The Government’s controversial control order regime restricting the day-to-day activities of terror suspects was given legal clearance by the Law Lords today – but was watered down.”

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The Independent, 31st October 2007

Source: www.independent.co.uk

Ruling expected on control orders – BBC News

Posted October 31st, 2007 in control orders, human rights, news, terrorism by sally

“The Law Lords are set to rule on whether controversial counter-terrorism control orders breach human rights.”

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BBC News, 31st October 2007

Source: www.bbc.co.uk

Serial sex offender can stay in UK, judge rules – Daily Telegraph

Posted October 31st, 2007 in deportation, human rights, news, sexual offences by sally

“A serial sex offender from Sierra Leone has been allowed to stay in the UK after a judge ruled deporting him would breach his human rights.”

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Daily Telegraph, 31st October 2007

Source: www.telegraph.co.uk

Care home owners to fight Human Rights Act – Daily Telegraph

Posted October 29th, 2007 in care homes, human rights, news by sally

“Care home owners are expected to defend their right to evict residents and maintain profits.”

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Daily Telegraph, 29th October 2007

Source: www.telegraph.co.uk

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening) – WLR Daily

Posted October 25th, 2007 in damages, human rights, law reports, Scotland, time limits by sally

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening)

“The time-limit in s 7(5) of the Human Rights Act 1998 did not apply to a claim for damages based on breach of a Convention right by a member of the Scottish Executive where the act or failure to act relied on was outside devolved competence and thus ultra vires in terms of the Scotland Act 1998.”

WLR Daily, 17th October 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.

Equalities head calls for reform of tribunal system – The Guardian

Posted October 25th, 2007 in class actions, equality, human rights, news by sally

“Access to justice is a luxury for many victims of discrimination, the head of the new equalities watchdog warned last night.”

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The Guardian, 24th October 2007

Source: www.guardian.co.uk

Regina (Brooke and Another) v Parole Board and Others Regina (O’Connell) v Same Regina (Murphy) v Same – Times Law Report

Posted October 18th, 2007 in human rights, judicial review, law reports, parole, sentencing by sally

Relationship too close for independence of board

Regina (Brooke and Another) v Parole Board and Others Regina (O’Connell) v Same Regina (Murphy) v Same

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.

Hunting ban ‘breaches human rights’ – The Times

Posted October 11th, 2007 in human rights, hunting, news by sally

“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.”

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The Times, 10th October 2007

Source: www.timesonline.co.uk

Palestinian takes on UK in court – BBC News

Posted October 10th, 2007 in human rights, Israel, news, weapons by sally

“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.”

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BBC News, 10th October 2007

Source: www.bbc.co.uk

European court to rule on UK disability discrimination ban – The Guardian

Posted October 8th, 2007 in disability discrimination, EC law, flexible working, human rights, news by sally

“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.”

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The Guardian, 8th October 2007

Source: www.guardian.co.uk

Lord Chief Justice: fight terror by respecting human rights – The Times

Posted October 4th, 2007 in human rights, immigration, news, terrorism by sally

“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.”

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The Times, 3rd October 2007

Source: www.timesonline.co.uk