Law Lords leave elderly out in cold – The Observer
“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
Category: human rights
YL v. Birmingham City Council – WLR Daily
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.
YL v. Birmingham City Council and Others – Times Law Reports
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.
Rights blow to elderly in private care – The Times
“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 not covered by human rights law – The Times
“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
Ruling on care home residents due – BBC News
“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 – WLR Daily
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.
Regina (Al-Skeini and Others) v. Secretary of State for Defence – Times Law Reports
Regina (Al-Skeini and Other) v. Secretary of State for Defence
House of Lords
“The Human Rights Act 1998 was capable of applying to acts of a United Kingdom public authority performed outside its territory only where the victim was within the jurisdiction of the UK for purposes of article 1 of the European Convention on Human Rights.”
The Times, 14th 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.
A “seminal decision” for human rights – The Times
“The House of Lords held by a 4-1 majority that the Human Rights Act 1998 (HRA) and the European Convention on Human Rights (ECHR) applied to South East Basra in cases where Iraqis have been detained and kept in British Army custody.”
The Times, 13th June 2007
Source: www.timesonline.co.uk
Iraqi death covered by human rights laws, say Lords – The Independent
“The European Convention on Human Rights does apply to the case of an Iraqi man who died while in the custody of British troops, the House of Lords ruled today.”
The Independent, 13th June 2007
Source: www.independent.co.uk
Iraqi civilians bring abuse claims to the High Court – The Independent on Sunday
“Dozens of Iraqi civilians who claim to have been victims of abuse committed by British soldiers are set to bring a test case in London for punitive damages against the government. The legal action, which will begin later this month in the High Court in London, follows two courts martial in which soldiers were convicted of mistreating prisoners after the invasion.”
The Independent on Sunday, 10th June 2007
Source: www.independent.co.uk
Regina (Johnson) v. Secretary of State for the Home Department and Another – Times Law Reports
Arbitrary delay in parole hearing
Regina (Johnson) v. Secretary of State for the Home Department and Another
Court of Appeal
“The failure by the Parole Board to consider speedily the entitlement of a long-term prisoner to parole made his continued detention after eligibility for parole arbitrary, unjustified and therefore unlawful.”
The Times, 30th May 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.
ECHR upholds Lords’ decision to refuse widow’s benefit to widowers – The Lawyer
“The European Court of Human Rights (ECHR) has upheld a House of Lords ruling that the UK Government did not act unlawfully by refusing to pay widows’ benefits to two widowers.”
The Lawyer, 28th May 2007
Source: www.thelawyer.com
Lord Goldsmith refuses to publish advice to Army over use of torture – The Independent
“The Attorney General, Lord Goldsmith, is under growing pressure to disclose his advice to the Army on whether British soldiers in Iraq needed to comply with the Human Rights Act.”
The Independent, 30th May 2007
Source: www.independent.co.uk
Judges asked to rethink control order rulings after suspects abscond – The Guardian
“Judges should be less ready to rule that control orders imposed on terrorism suspects breach human rights, the independent watchdog on terrorism law said yesterday. Lord Carlile of Berriew QC called on judges to review their approach to restrictions imposed by control orders after a further three terrorist suspects absconded last week, bringing the total to six.”
The Guardian, 30th May 2007
Source: www.guardian.co.uk
R (Baia and another) v. Secretary of State for the Home Department – WLR Daily
R (Baia and another v. Secretary of State for the Home Department
“The statutory scheme requiring permission by the Home Office for marriage by people subject to immigration control or those who had entered the United Kingdom illegally contravened arts 12 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which guaranteed the right to marry and the right not to be discriminated against for reasons of nationality or religion.”
WLR Daily, 23rd May 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 Iraq: a case to answer – The Independent
“The Attorney General, Lord Goldsmith, is facing accusations that he told the Army its soldiers were not bound by the Human Rights Act when arresting, detaining and interrogating Iraqi prisoners.”
The Independent, 29th May 2007
Source: www.independent.co.uk
Rampton patient fights smoking ban at high security hospital – The Guardian
“Patients at Rampton high security psychiatric hospital, which houses some of the country’s most dangerous criminals, are challenging a smoking ban in a test case which claims the refusal to permit cigarettes in the hospital’s buildings or grounds violates their human rights.”
The Guardian, 28th May 2007
Source: www.guardian.co.uk
Reid threatens to suspend human rights laws after terror suspects go missing – The Independent
“John Reid faced growing anger as he signalled the Government was ready to declare that Britain faced an “emergency” over terrorism and opt out of human rights legislation.”
The Independent, 25th May 2007
Source: www.independent.co.uk
An over-complex privacy law may trigger new legislation – The Independent
“The Human Rights Act created a right to privacy but case law has made it difficult to define what it is.”
The Independent, 23rd May 2007
Source: www.independent.co.uk
