Category: human rights

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

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

“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.”

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.”

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.”

Daily Telegraph, 31st October 2007

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.”

Daily Telegraph, 29th October 2007

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

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

“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.”

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

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

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

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.”

The Times, 10th October 2007

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.”

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.”

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.”

The Times, 3rd October 2007

Murray (by his litigation friends, Murray and another) v Express Newspapers plc and another [2007] EWHC 1908 (Ch D)

Murray (by his litigation friends, Murray and another) v Express Newspapers plc and another – WLR Daily

Posted October 3rd, 2007 in human rights, law reports, privacy by sally

“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.

Regina (JL) (a Youth) v Secretary of State for the Home Department – Times Law Reports

Posted October 2nd, 2007 in human rights, law reports, suicide, young offenders by sally

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

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

Public Protection, Proportionality and the Search for Balance – Ministry of Justice

Posted September 27th, 2007 in human rights, proportionality, reports by sally

“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

Asylum seeker launches Aids test case – The Guardian

Posted September 27th, 2007 in AIDS, asylum, human rights, news by sally

“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

John Reid calls for human rights law reform – Daily Telegraph

Posted September 17th, 2007 in criminal justice, human rights, news, terrorism by sally

“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

Parole hearings “deny prisoners’ human rights” – Daily Telegraph

Posted September 10th, 2007 in human rights, news, parole by sally

“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

Plan to put everyone in DNA database hinges on human rights case – OUT-LAW.com

Posted September 7th, 2007 in DNA, human rights, news, privacy by sally

“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.”