Merris Amos: The UK and the European Court of Human Rights – UK Constitutional Law Association

Posted November 25th, 2014 in constitutional law, courts, human rights, judgments, news by sally

‘Now that the furore of the Scottish independence referendum has passed, the attention of politicians and media has once again turned to the dangers of the European Court of Human Rights (ECtHR). In his speech to the Conservative Party Conference in late September, Prime Minister David Cameron stated that the ECtHR needed “sorting out”. Three examples of its judgments were used to support this point: the prisoner voting litigation; the limits on deporting suspected terrorists, including Abu Qatada; and the extension of the HRA to the “battle-fields of Helmand”, an issue which the ECtHR has not directly adjudicated upon although it has given judgments concerning events in Iraq. Shortly after, the Conservative Party released its proposals for changing Britain’s human rights laws. Central to this is altering the relationship between the UK and the ECtHR so that its judgments are no longer binding over the UK Supreme Court and that it is no longer able to order a change in UK law. As any law student will know, this would be a waste of time as neither is currently possible in our dualist legal system. The judgments of the ECtHR are only binding in international law. To support these proposals, five examples of ECtHR judgments are given: prisoner voting; artificial insemination rights for some prisoners; limits on the deportation of foreign nationals who have committed crimes; and limits on the deportation of foreign nationals generally. The fifth example is the recent judgment on whole life tariffs which was misleadingly and erroneously portrayed as a decision that murderers cannot be sentenced to life imprisonment. It is clear that the Conservative Party is not expecting to receive votes from prisoners (who have no vote anyway), foreign nationals or members of the armed forces who also enjoy the protection of human rights law on the “battle-fields of Helmand”.’

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UK Constitutional Law Association, 24th November 2014

Source: www.ukconstitutionallaw.org

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A prisoner’s right to vote: straining European relations – Cloisters

Posted November 18th, 2014 in courts, elections, human rights, news, prisons by sally

‘In this article, I argue that there is an urgent need for a more rational approach to the debate about prisoners’ rights to vote – which has become an emotive issue in the United Kingdom. This is particularly so in light of the recent response from the United Kingdom government to ECtHR rulings, demonstrating an unparalleled defiance towards Strasbourg rulings. Due to this, the implications of the debate over prisoners’ voting rights extend beyond individuals, bringing into sharp focus a matter of broader significance to us all, namely the United Kingdom’s approach to democracy and human rights and its relationship with the European Court and the EU itself.’

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Cloisters, 13th November 2014

Source: www.cloisters.com

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‘Wholly antiquated’: lord chief justice on court technology – LegalVoice

‘Our “antiquated” courts faced “severe crisis” without significant investment, the lord chief justice said yesterday. Lord Thomas of Cwmgiedd offered journalists a judicial perspective on the financial pressures being imposed upon the courts at his annual press conference.’

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LegalVoice, 13th November 2014

Source: www.legalvoice.org.uk

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Mirfin v Secretary of State for Energy and Climate Change: Manchester County Court’s application of the Mesothelioma Claims Practice Direction to “non-mesothelioma” cases – Zenith PI Blog

Posted November 6th, 2014 in asbestos, compensation, courts, news, practice directions by sally

‘The Manchester County Court’s designated District Judges for Cancer Asbestos and Terminal Illness (“CAT”) cases apply from the outset the Mesothelioma Claims Practice Direction to all asbestos-related claims, irrespective of whether they involve mesothelioma: and this appeal judgment supports this practice.’

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Zenith PI Blog, 5th November 2014

Source: www.zenithpi.wordpress.com

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Family Drug and Alcohol Court: A Practitioners’ and Judge’s Perspectives – Family Law Week

Posted November 4th, 2014 in alcohol abuse, care orders, courts, drug abuse, family courts, news, rehabilitation by sally

‘Sarah Jennings & Esther Lieu, 3PB, with District Judge Julie Exton look at the Family Drug and Alcohol Court.’

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Family Law Week, 31st October 2014

Source: www.familylawweek.co.uk

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Pop-up courts for speeding fine cases – Daily Telegraph

Posted October 27th, 2014 in courts, criminal justice, fines, magistrates, news, road traffic offences by sally

‘Ministers are considering introducing “pop up” courts for people who challenge speeding fines to be held in their own communities.’

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Daily Telegraph, 25th October 2014

Source: www.telegraph.co.uk

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Retired judge Sir John Royce criticises legal cuts – BBC News

Posted October 23rd, 2014 in courts, criminal justice, judges, legal aid, lord chancellor, news by sally

‘A recently retired High Court judge has said he thinks government cuts to the legal system have gone too far.’

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BBC News, 22nd October 2014

Source: www.bbc.co.uk

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Court of Appeal fires warning over lengthy skeleton arguments – Litigation Futures

Posted October 16th, 2014 in appeals, courts, delay, news by sally

‘Lord Justice Jackson has led the Court of Appeal in issuing a stark warning to advocates over submitting lengthy skeleton arguments, with his fellow judges making it clear that there will be no special treatment of Commercial Court litigation.’

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Litigation Futures, 16th October 2014

Source: www.litigationfutures.com

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Courts should not be given free rein to create new defences against trade mark infringement – OUT-LAW.com

Posted October 7th, 2014 in courts, defences, EC law, intellectual property, judiciary, news, trade unions by sally

‘Proposals by academics to allow new defences against trade mark infringement to be created in the future should be resisted, a trade mark law specialist has warned.’

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OUT-LAW.com, 6th October 2014

Source: www.out-law.com

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Defence ministry agrees to provide court information to reporters – The Guardian

Posted September 18th, 2014 in armed forces, courts, courts martial, government departments, news, publishing by tracey

‘Two days ago I reported that the Military Court Service (MCS) had been withholding from journalists vital information about trials. Now, it would appear, there has been a climbdown or, to quote the official version of events, an announcement that a review of the system has resulted in a change of mind.’

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The Guardian, 17th September2014

Source: www.guardian.co.uk

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Practice Note: Chancery Chambers Changes 1st October 2014 – Judiciary of England and Wales

‘From 1 October 2014 the Chancery Division in London will commence using the new CE-File electronic court file and some data stored on the old IT system will be transferred to CE-File.’

Full practice note

Judiciary of England and Wales, 11th September 2014

Source: www.judiciary.gov.uk

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LCJ uses Nightjack case to warn lawyers who mislead court of “exemplary punishments” – Legalfutures

‘Lawyers who mislead the court will end up with “exemplary and deterrent” punishments, the Lord Chief Justice has warned.’

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Legalfutures, 12th September 2014

Source: www.legalfutures.co.uk

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No, The Sun, “Euro judges” do not “go against UK in 3 out of 5 cases”. More like 1 in 100 – UK Human Rights Blog

Posted August 28th, 2014 in courts, human rights, judgments, media, news, statistics by sally

‘Sun has got it badly wrong on human rights. Again. On 24 August 2014 Craig Woodhouse reported that “Euro judges go against UK in 3 out of 5 cases” (£). This is false and seriously misleading.’

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UK Human Rights Blog, 27th August 2014

Source: www.ukhumanrightsblog.com

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‘Privacy law’ may need rewriting due to modern technology, says senior judge – Daily Telegraph

Posted August 26th, 2014 in courts, internet, judges, media, news, privacy, speeches by tracey

“Lord Neuberger, the president of the Supreme Court, indicates there may be a case for a rethink on privacy and communications laws thanks to the “enormous challenges” posed by the internet.’

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Daily Telegraph, 26th August 2014

Source: www.telegraph.co.uk

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UK prisoners denied the vote should not be paid compensation, ECHR rules – The Guardian

Posted August 12th, 2014 in compensation, courts, elections, electoral register, human rights, news, prisons by sally

‘The European court of human rights (ECHR) has ruled that prisoners who have not been allowed to vote should not be paid compensation.’

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The Guardian, 12th August 2014

Source: www.guardian.co.uk

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Judges ‘too ready’ to follow Strasbourg rulings, says Lord Neuberger – Daily Telegraph

Posted August 12th, 2014 in courts, judges, judiciary, news, speeches by sally

‘President of the Supreme Court admits ‘we should be more ready not to follow’ European Court of Human Rights.’

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Daily Telegraph, 11th August 2014

Source: www.telegraph.co.uk

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Strasbourg payout ruling due on jail vote ban – BBC News

Posted August 12th, 2014 in compensation, courts, elections, electoral register, human rights, news, prisons by sally

‘The European Court of Human Rights (ECHR) is due to rule on whether prisoners who have been denied the vote should get compensation.’

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BBC News, 12th August 2014

Source: www.bbc.co.uk

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Discrimination at work goes unpunished as women can’t afford to sue – The Independent

‘Women are being priced out of justice in the workplace, according to figures which show the number of sex discrimination claims brought by women against employers have fallen 80 per cent since court charges were introduced.’

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The Independent, 29th July 2014

Source: www.independent.co.uk

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Court of Appeal warns of consequences for overly long bundles and skeletons – Litigation Futures

Posted July 15th, 2014 in appeals, case management, civil procedure rules, costs, courts, news by tracey

‘The Court of Appeal has hit out forcefully at unnecessarily long bundles and skeleton arguments that are anything but.’

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Litigation Futures, 15th July 2014

Source: www.litigationfutures.com

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Expert welcomes Court of Appeal’s “more nuanced approach” to granting relief from ‘Mitchell’ sanctions – OUT-LAW.com

Posted July 8th, 2014 in appeals, civil procedure rules, courts, news, proportionality, sanctions by tracey

‘Courts should be much more ready to grant relief from sanctions for failure to comply with court orders, practice directions and rules after the Court of Appeal found that the current approach had been “misunderstood and is being misapplied by some courts”, an expert has said.’

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OUT-LAW.com, 8th July 2014

Source: www.out-law.com

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