No smoke without fire – The Lawyer
“The smoking ban may stop claims over second-hand smoke, but will the smokers themselves start claiming it’s all too unfair?”
The Lawyer, 21st May 2007
Source: www.legalweek.com
Category: human rights
Secretary of State for the Home Department v. E – WLR Daily
Secretary of State for the Home Department v. E [2007] EWCA Civ 459
“It was not a condition precedent to the making, maintaining and renewal of a control order against a person that the Home Secretary complied with his duty to consider and reconsider the realistic prospect of successfully prosecuting that person for terrorism-related offences.”
WLR Daily, 17th 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.
Reid says human rights laws are fuelling terror – The Sunday Times
“John Reid, the outgoing home secretary, yesterday called for controversial human rights laws to be watered down because he fears they are allowing terrorists to run free.”
The Sunday Times, 13th May 2007
Source: www.timesonline.co.uk
R (Johnson) v. Secretary of State for the Home Department and another – WLR Daily
R (Johnson) v. Secretary of State for the Home Department and another [2007] EWCA Civ 429
“After an unjustified and random period of delay in considering the entitlement of a long term prisoner to parole, if the prisoner could show that at an earlier consideration by the parole board he would have been released, his detention thereafter was arbitrary, unjustified and therefore unlawful. Under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms he was entitled to have his case considered by the parole board speedily so that his sentence did not become arbitrary.”
WLR Daily, 9th 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.
Act of mercy – Law Society’s Gazette
“There is evidence of a much wider use of the Human Rights Act than by unpopular minorities, writes Roger Smith.”
Law Society’s Gazette, 10th May 2007
Source: www.lawgazette.co.uk
Regina (AW, A and Y) v Croydon London Borough Council and Another – Times Law Reports
Support for asylum seekers
Regina (AW, A and Y) v. Croydon London Borough Council and Another
Court of Appeal
“The duty to provide for an ablebodied destitute failed asylum-seeker, for whom the provision of support was necessary to avoid the breach of his or her rights under the European Convention on Human Rights, fell upon the Secretary of State for the Home Department whereas the duty to provide for an infirm destitute failed asylum-seeker in such circumstances rested upon the local authority.”
The Times, 11th 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.
Teachers backed over Muslim wear – BBC News
“Lord Chancellor Lord Falconer will tell headteachers common sense decisions stopping Muslim pupils wearing Islamic dress would not breach human rights.”
BBC News, 6th May 2007
Source: www.bbc.co.uk
Evans v. United Kingdom – Times Law Reports
Public interest outweighs individual’s private right
Evans v. United Kingdom (Application No. 6339/05)
European Court of Human Rights
“The United Kingdom did not exceed its margin of appreciation in requiring that both donors had to give consent to the implanting of fertilised embryos in the uterus.”
The Times, 2nd 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.
Human rights battle over Alzheimer’s patient reaches Lords – The Times
“Elderly patients placed by the Government in private care homes should receive the same protection from human rights laws as they would in public facilities, the House of Lords heard today.”
The Times, 30th April 2007
Source: www.timesonline.co.uk
Lords to rule on care home eviction – The Guardian
“A company trying to evict an 83-year-old Alzheimer’s sufferer from a private care home it runs is facing a legal battle in a historic case that could affect hundreds of thousands of vulnerable people.”
The Guardian, 30th April 2007
Source: www.guardian.co.uk
Libyan terror suspects win right to stay in UK – The Times
“A Home Office plan to deport terror suspects back to Libya is in tatters today, after an immigration court ruled that they could face an unfair trial and even torture if sent home.”
The Times, 27th April 2007
Source: www.timesonline.co.uk
UK terror suspects win key ruling – BBC News
“Two Libyan terror suspects have won an appeal against deportation from the UK in a major defeat for the government.”
BBC News, 27th April 2007
Source: www.bbc.co.uk
Copland v. United Kingdom – Times Law Reports
Employee’s privacy breached by employer’s monitoring
Copland v. United Kingdom (Application No. 62617/00)
European Court of Human Rights
“The collection and storage of information by an employer of an employee’s telephone, e-mail and internet usage at the place of work was, in the absence of any legal provisions, unjustified.”
The Times, 24th April 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.
Does Basra have the right to life? – Daily Telegraph
“Further charges may be brought against British troops over the death of the Iraqi hotel worker Baha Mousa, Government lawyers revealed in court this week. The disclosure was made to five law lords who are being asked to decide whether the Human Rights Act entitles families of Iraqis killed under British occupation to independent inquiries into their deaths.”
Daily Telegraph, 19th April 2007
Source: www.telegraph.co.uk
Murder appeal lawyer petitions European Court – The Times
“A solicitor who has spent 11 years trying to clear two men convicted of triple murder lodged a petition at Europe’s highest court today claiming they were denied a fair trial.”
The Times, 18th April 2007
Source: www.timesonline.co.uk
Secretary of State for the Home Department v. AF – Times Law Reports
Cumulative restrictions make control order a nullity
Secretary of State for the Home Department v. AF
Queen’s Bench Division
“A control order imposing restrictions which amounted cumulatively to a deprivation of liberty was a nullity.”
The Times, 18th April 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.
Law Lords consider Iraqi deaths – BBC News
“The Law Lords are to consider whether the cases of six Iraqi civilians who died at the hands of the British are subject to UK human rights law.”
BBC News, 17th April 2007
Source: www.bbc.co.uk
Tracking e-mails ‘a breach of human rights’
“A college worker in Wales whose e-mails and internet usage at work were monitored has successfully sued her employer for breaching the European Convention on Human Rights.”
The Times, 14th April 2007
Source: www.timesonline.co.uk
Stretford v. Football Association Ltd. and Another – Times Law Reports
Parties to an arbitration waive Convention right to fair trial
Stretford v. Football Association Ltd. and Another
Court of Appeal
“An arbitration agreement in the rules of a national football association did not contravene the right to a fair trial guaranteed by article 6 of the European Convention on Human Rights.”
The Times, 13th April 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.
Woman loses fight to have ex-boyfriend’s baby – The Times
“A woman who was left infertile after cancer therapy has lost her five year fight to be allowed to have fertility treatment using frozen embryos from her ex-boyfriend after he objected.”
The Times, 10th April 2007
Source: www.timesonline.co.uk
