Iraqi Civilians v Ministry of Defence – WLR Daily

Posted November 26th, 2014 in armed forces, detention, human rights, Iraq, law reports by sally

Iraqi Civilians v Ministry of Defence [2014] EWHC 3686 (QB); [2014] WLR (D) 496

‘The legal effect of UN Security Council Resolutions 1483 of 22 May 2003 and 1511 of 16 October 2003 was that they imposed a duty on the United Kingdom in its role as an occupying power in Iraq to detain individuals where to do so was necessary for imperative reasons of security. However, nothing in the language of the Resolutions authorised the taking of such a measure in so far as doing so violated the United Kingdom’s obligation to secure rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

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DD v Secretary of State for the Home Department – WLR Daily

DD v Secretary of State for the Home Department [2014] EWHC 3820 (Admin); [2014 ] WLR (D) 495

‘A judgment as to whether article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms had been breached in a case of alleged inhuman or degrading treatment was reached not simply by reference to the impact of the treatment complained of on the individual, but by also having regard to the necessity and proportionality of the underlying treatment, and the possible alternatives, in the manner of its execution.’

WLR Daily, 20th November 2014

Source: www.iclr.co.uk

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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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Information even unlawfully obtained is admissible to the GMC – UK Human Rights Blog

Posted November 24th, 2014 in disciplinary procedures, disclosure, doctors, evidence, human rights, news, police by sally

‘The High Court has ruled that although information obtained unlawfully by the police is admissible in regulatory proceedings (even if not in criminal proceedings), it “carries little weight” in the assessment of competing interests required by Article 8(2).’

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UK Human Rights Blog, 23rd November 2014

Source: www.ukhumanrightsblog.com

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Have we lost sight of J.S. Mill’s concept of the right to liberty? Article 5 in the Court of Protection – UK Human Rights Blog

‘Mostyn J has pulled no punches in rejecting an application for a declaration that an incapacitated person, being looked after in her own home, has been deprived of her liberty contrary to Article 5. There is a very full account of the judgment on the Mental Capacity Law and Policy blog so I will keep this summary short.’

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UK Human Rights Blog, 21st November 2014

Source: www.ukhumanrightsblog.com

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Rochdale Metropolitan Borough Council v KW and others – WLR Daily

Rochdale Metropolitan Borough Council v KW and others: [2014] EWCOP 45; [2014] WLR (D) 493

‘Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged where a person, often elderly, who was both physically and mentally disabled to a severe extent, was being looked after in her own home and where the arrangements had been made and paid for by a local authority rather than by the person’s own, or family, funds.’

WLR Daily, 18th November 2014

Source: www.iclr.co.uk

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Video recordings – Panopticon

Posted November 19th, 2014 in human rights, international law, news, video recordings by sally

‘The classification requirements imposed by the Video Recording Acts are lawful, the Court of Appeal (Criminal Division) has ruled, on 14 November 2014, in R v Dryzmer and Play Media Distribution Ltd. The prohibition on supplying video recordings which have not been classified by the British Board of Film Classification is not rendered unlawful either by ECHR Article 10, on freedom of expression, or by TFEU Articles 34-36 on non-interference with trade. The reason is the same in both cases. Qualitative restrictions on grounds of public health and morals are justified.’

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Panopticon, 18th November 2014

Source: www.panopticonblog.com

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Sims (Appellant) v Dacorum Borough Council (Respondent) – Supreme Court

Sims (Appellant) v Dacorum Borough Council (Respondent) [2014] UKSC 63 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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Article 6 – the Right to a fair trial – and discrimination in the Armed Forces – Cloisters

‘At a time when the UK’s membership of the European Convention of Human Rights (“ECHR”) and our domestic Human Rights Act 1998 (“HRA”) is a hot political topic, it is timely that the Employment Appeal Tribunal (“EAT”) has handed down a judgment considering Article 6 ECHR in relation to special time limit provisions for discrimination complaints brought by those in the Armed Forces: Duncan v Ministry of Defence.’

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Cloisters, 23rd October 2014

Source: www.cloisters.com

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Human Rights: The Law – Gresham College

Posted November 18th, 2014 in constitutional law, human rights, international law, news by sally

‘An exploration of Human Rights law as it developed and which draws criticism from the general public. The audience will be invited to consider what, if anything, they complain of in what is nowadays referred to as Human Rights law. The lecture will deal with topics raised and those which are more generally the subject of criticism. Time will be allowed for (structured and time limited) contributions from the audience.’

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Gresham College, 5th November 2014

Source: www.gresham.ac.uk

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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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My Achy, Breaky Tenancy: Supreme Court rules it human rights-compatible for one tenant’s unilateral Notice to Quit to end a joint tenancy – Zenith Chambers

‘Something that can take some housing practitioners by surprise is a Notice to Quit served, not by a landlord on a tenant, but by a tenant on a landlord (sometimes referred to by housing officers as a “notice to terminate”).’

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Zenith Chambers, 13th November 2014

Source: www.zenithchambers.co.uk

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Private Law Remedies in Environmental Law – Mouse or Lion? – Thirty Nine Essex Street

Posted November 18th, 2014 in environmental protection, human rights, news, nuisance, planning, pollution by sally

‘With statutory regulation covering an ever increasing area in Environmental Law, the question arises as to whether private law remedies have a meaningful role to play in that arena?’

Full story (PDF)

Thirty Nine Essex Street, September 2014

Source: www.39essex.com

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Conor Gearty: On Fantasy Island: British politics, English judges and the European Convention on Human Rights – UK Constitutional Law Association

‘My first encounter with the fantasies that underpin English public law came in the 1980s. I had just starting teaching constitutional law and was taking my first year students through Dicey: the independent rule of law; the availability of remedies to all, without fear or favour; the common law’s marvellous protection of civil liberties; how great we were, how terrible the continent; and all the rest of it. Outside the classroom, striking miners were being routinely beaten up by the police, their picketing disrupted by road blocks, their liberty eroded by mass bail conditions. The Campaign for Nuclear Disarmament was having its marches banned and its protests inhibited by ‘no-go’ areas arbitrarily erected by the police around American bases into which it had been decided to move a new generation of nuclear weapons. Some of my students were even beaten up themselves, on a march against education cuts in London – much to their surprise given what I was teaching them.’

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UK Constitutional Law Association, 13th November 2014

Source: www.ukconstitutionallaw.org

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Human rights guidance for lawyers – is it necessary? – Halsbury’s Law Exchange

Posted November 17th, 2014 in barristers, codes of practice, company law, human rights, news, solicitors by sally

‘On 23 October 2014, the International Bar Association (IBA) Business and Human Rights Working Group released draft guidance for bar associations and business lawyers on the implementation of the UN Guiding Principles on Business and Human Rights (the Guiding Principles).’

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Halsbury’s Law Exchange, 14th November 2014

Source: www.halsburyslawexchange.co.uk

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Yarl’s Wood: Undercover tour of detention centre with dreadful reputation for its treatment of asylum seekers – The Independent

‘The Detention Centre in Bedfordshire – privately run, but publicly funded – has a dreadful reputation for its treatment of asylum seekers. Cole Moreton found a way inside to see if its notoriety is deserved.’

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The Independent, 16th November 2014

Source: www.independent.co.uk

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Government may weigh rights against national security without courts’ interference – UK Human Rights Blog

‘R (on the application of Lord Carlile of Berriew QC and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2014] UKSC 60. The exclusion of a dissident Iranian from the UK, on grounds that her presence would have a damaging impact on our interests in relation to Iran, has been upheld by the Supreme Court.’

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Uk Human Rights Blog, 12th November 2014

Source: www.ukhumanrightsblog.com

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Regina (Lord Carlile of Berriew and others) v Secretary of State for the Home Department – WLR Daily

Regina (Lord Carlile of Berriew and others) v Secretary of State for the Home Department: [2014] UKSC 60; [2014] WLR (D) 479

‘The Home Secretary’s decision to maintain an order excluding the entry into the United Kingdom of a dissident Iranian politician, invited by members of the Houses of Parliament to meet them in London to discuss human rights and democratic issues in Iran, was not a disproportionate interference with their right to freedom of expression under article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms: the Home Secretary was entitled to accept the recommendation of the Foreign Secretary that to permit such entry would risk jeopardising the United Kingdom’s diplomatic and economic interests and might provoke a violent reaction in Iran resulting in damage to British property and endangering the safety of British and local personnel.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

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Human Rights and the Common Law – Where Next after Kennedy v the Charity Commission? The Jan Grodecki Lecture 2014

Posted November 12th, 2014 in human rights, lectures by tracey

‘Human Rights and the Common Law – Where Next after Kennedy v the Charity Commission? The Jan Grodecki Lecture 2014 by Michael Tugendhat at the University of Leicester School of Law on 23rd October, 2014.’

Full lecture

University of Leicester, 23rd October 2014

Source: www.le.ac.uk

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Be wary of judicial slogans – Jonathan Sumption – UK Human Rights Blog

Posted November 11th, 2014 in human rights, judges, news, proportionality, speeches by tracey

‘In his lecture to the Administrative Law Bar Association earlier this month, Lord Sumption surveys the concept of “anxious scrutiny” – a judicial method which he characterises as a forerunner to the principle of proportionality. The term was actually coined by Lord Bridge in Bugdaycay (1986), and was meant to apply where the rights engaged in a case were sufficiently fundamental, and stretched the traditional “Wednesbury” test to public authority decisions or actions which were not, on the face of it, irrational. (The citation given in the PDF of the speech incidentally is incorrect). The same way of thinking had been arrived at in the US courts a few years earlier, with their “hard look” doctrine, but to Lord Sumption there was something peculiarly English about the “crab-like” way in which our courts approached and eventually acknowledged this doctrine, hitherto alien to the judicial toolbox.’

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UK Human Rights Blog, 10th November 2014

Source: www.ukhumanrightsblog.com

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