“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
“Cameras that automatically record car number plates, a weapon in the fight against crime and terrorism, could breach human rights and privacy laws, the government’s surveillance watchdog warned today.”
The Guardian, 17th July 2007
Source: www.guardian.co.uk
Compulsion to identify driver does not prejudice right to fair trial
O’Halloran v. United Kingdom; Francis v. United Kingdom
European Court of Human Rights
“Registered keepers of motor vehicles could lawfully be compelled to tell the police who was driving it on a particular occasion.”
The Times, 13th July 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 UK must withdraw from the European Convention on Human Rights (ECHR) because its interpretation by the courts encourages terrorists to come to Britain, according to a report published today.”
The Times, 9th July 2007
Source: www.timesonline.co.uk
“The government today launches a legal battle to try to persuade Britain’s top court, the House of Lords, that the control order regime, which it sees as a key weapon against terrorism, does not violate terror suspects’ human rights.”
The Guardian, 6th July 2007
Source: www.guardian.co.uk
“Two prisoners have launched a High Court action arguing they have been kept in conditions so bad that their human rights have been violated.”
BBC News, 4th July 2007
Source: www.bbc.co.uk
R (RJM) v. Secretary of State for Work and Pensions [2007] EWCA Civ 614
“Social security regulations, which disentitled a person without accommodation from receiving disability premium, did not discriminate against homeless persons on a ground relating to status for the purpose of art 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 28th June 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 sumamry is removed.
“A ruling leaves elderly and vulnerable people in private care homes with no protection from eviction or ill-treatment, writes Jon Robins.”
The Observer, 24th June 2007
Source: www.guardian.co.uk
YL v. Birmingham City Council [2007] UKHL 27
“A private care home providing care and accommodation for an elderly person under contract with a local authority was not exercising ‘functions of a public nature’ within s 6(3)(b) of the Human Rights Act 1998 so as to allow that person to claim against the home under s 6(1) of the Act for breach of her Convention rights when it was sought to remove her from the home.”
WLR Daily, 20th June 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.
Exercise of delegated council duty is a private function
YL v. Birmingham City Council and Others
House of Lords
“Where a private care home, under contract with a local authority, provided care and accommodation for an elderly person which the authority had been under a statutory duty to arrange, the care home was not exercising functions of a public nature so as to allow her to claim a breach of duty under the European Convention on Human Rights.”
The Times, 21st June 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.
“Thousands of people who use hospital or school services contracted out by local authorities are without the protection of human rights laws, after a landmark ruling yesterday.”
The Times, 21st June 2007
Source: www.timesonline.co.uk
“Private care homes that look after elderly and vulnerable people on behalf of local authorities are not covered by human rights laws, the House of Lords ruled today.”
The Times, 20th June 2007
Source: www.timesonline.co.uk
“Law Lords are due to rule on whether the Human Rights Act applies to private care homes in England and Wales if residents are council funded.”
BBC News, 20th June 2007
Source: www.bbc.co.uk
R (Al-Skeini and others) v. Secretary of State for Defence (Aire Centre and 10 others intervening)
S 6(1) of the Human Rights Act 1998 was capable of applying to acts committed by a UK public authority outside its territory where in exceptional circumstances the victim was “within the jurisdiction of the United Kingdom” for purposes of art1 of the European Convention on Human Rights.
WLR Daily, 13th June 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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