Haroon Aswat extradition decision postponed until June – BBC News

Posted April 16th, 2014 in extradition, human rights, mental health, news, terrorism by tracey

‘Home Secretary Theresa May has been given two months to seek assurances from the US about how a terror suspect will be treated if he is extradited.’

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BBC News, 16th April 2014

Source: www.bbc.co.uk

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Paul Weller wins damages from the Mail Online – BBC News

‘Rock star Paul Weller has won £10,000 damages after pictures of his children were “plastered” on the Mail Online.’

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BBC News, 16th April 2014

Source: www.bbc.co.uk

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Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

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UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

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Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening) – WLR Daily

Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening): [2014] EWHC 1041 (Admin);   [2014] WLR (D)  166

‘Any order made by any court under section 39 of the Children and Young Persons Act 1933 prohibiting the identification of (among others) a defendant under the age of 18 years could not extend to reports of the proceedings after the subject of the order had reached the age of majority at 18.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

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Passive smoking in prison not a breach of human rights – Court of Appeal – UK Human Rights Blog

Posted April 15th, 2014 in appeals, detention, human rights, news, prisons, smoking by tracey

‘Smith, R (on the application of v Secretary of State for Justice and G4S UK Ltd [2014] EWCA Civ 380. This case raises the question of whether it is a breach of a non-smoking prisoner’s Convention right to respect for his private life and to equality of access to such rights (ECHR Articles 8 and 14) to compel him to share a cell with a smoker.’

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UK Human Rights Blog, 14th April 2014

Source: www.ukhumanrightsblog.com

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Closed Material – London Review of Books

‘Nicholas Phillips on the problems posed by the use of secret evidence.’

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London Review of Books, 17th April 2014

Source: www.lrb.co.uk

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Unwitting former partner plans legal action to prevent police from returning jailed paedophile’s laptop – The Independent

Posted April 11th, 2014 in child abuse, human rights, indecent photographs of children, news, police by sally

‘The unwitting former partner of a paedophile is planning legal action after a police force said it was powerless to retain or destroy the abuser’s laptop which contains photographs of his young victims wearing swimwear and leotards.’

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The Independent, 11th April 2014

Source: www.independent.co.uk

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Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia – WLR Daily

Posted April 10th, 2014 in appeals, extradition, human rights, law reports, prisons by sally

Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia [2014] EWHC 1021 (Admin); [2014] WLR (D) 160

‘The state of the Latvian prison estate was not such as to produce a real risk that there would be a breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms if extradition were directed.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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Local Authority Focus – Families with No Recourse to Public Funding and Part III of the Children Act – Family Law Week

Posted April 9th, 2014 in children, families, human rights, immigration, local government, news by sally

‘Sally Gore, barrister of Fourteen, considers a pressing concern of local authorities and immigrant families: the duties owed under Part III of the Children Act 1989 to individuals who have no recourse to public funding.’

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Family Law Week, 9th April 2014

Source: www.familylawweek.co.uk

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“A gilded cage is still a cage” – Supreme Court on deprivation of liberty for the mentally incapacitated – UK Human Rights Blog

‘Mentally incapacitated people have the same rights to liberty as everyone else. If their own living arrangements would amount to a deprivation of liberty of a non-disabled individual then these would also be a deprivation of liberty for the disabled person. So says the Supreme Court, which has ruled that disabled people are entitled to periodic independent checks to ensure that the deprivation of liberty remains justified.’

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UK Human Rights Blog, 8th April 2014

Source: www.ukhumanrightsblog.com

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Art 8 and private landowners after Manchester Ship Canal Developments v Persons Unknown – Hardwicke Chambers

Posted April 8th, 2014 in human rights, news, repossession, trespass by sally

‘There is still no definitive answer as to how art 8 of the ECHR will engage between private individuals in an action by a private landowner to recover possession from ab initio trespassers who have unlawfully set up home on his land. However, there has been a step forward in the Manchester Ship Canal case.’

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Hardwicke Chambers, 18th March 2014

Source: www.hardwicke.co.uk

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Life after death – New Law Journal

‘Jonathan Herring explores a clear case of compassion from the courts.’

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New Law Journal, 4th April 2014

Source: www.newlawjournal.co.uk

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Care Proceedings: Who is Best Placed to Provide Best Evidence? – Family Law Week

‘Eleanor Battie, barrister of Crown Office Row, Brighton, asks whether the demand for speed in care proceedings is at the cost of best expert evidence.’

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Family Law Week, 1st April 2014

Source: www.familylawweek.co.uk

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Kennedy (Appellant) v The Charity Commission (Respondent) – Supreme Court

Kennedy (Appellant) v The Charity Commission (Respondent) [2014] UKSC 20 (YouTube)

Supreme Court, 26th March 2014

Source: www.youtube.com/user/UKSupremeCourt

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MoD burdened by unprecedented rise in court actions, MPs warn – The Guardian

‘An unprecedented rise in court actions is placing a huge burden on the Ministry of Defence and could have the unintended consequence of leading to even more civilian casualties, according to a report by MPs.’

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The Guardian, 2nd April 2014

Source: www.guardian.co.uk

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Kennedy v Information Commissioner and another (Secretary of State for Justice and others intervening) – WLR Daily

Kennedy v Information Commissioner and another (Secretary of State for Justice and others intervening) [2014] UKSC 20; [2014] WLR (D) 143

‘The Freedom of Information Act 2000 did not provide an exhaustive scheme in respect of the disclosure of information held by the Charity Commission relating to inquiries which they conducted. Although an absolute exemption under section 32(2) of that 2000 Act from disclosure under that Act lasted beyond the completion of such an inquiry, the question whether disclosure of information relating to such an inquiry was available would be governed by the Charities Act 1993, as substituted by the Charities Act 2006, construed in the light of common law principles.’

WLR Daily, 26th March 2014

Source: www.iclr.co.uk

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TW v Enfield London Borough Council – WLR Daily

TW v Enfield London Borough Council [2014] EWCA Civ 362; [2014] WLR (D) 145

‘When an approved social worker was considering whether it was “reasonably practicable” to consult the “nearest relative” before making an application to admit a patient, pursuant to sections 3(1) and 13(1) of the Mental Health Act 1983, section 11(4) of the Act imposed on that social worker an obligation to strike a balance between the patient’s right under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms not to be detained unless it was done by a procedure that was in accordance with the law and the patient’s right to a private life under article 8.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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Christian preacher wins £13,000 in compensation after being held for ’15 hours without food or water’ – The Independent

‘A Christian preacher who was held by police for 15 hours without water or food has won £13,000 in compensation for wrongful imprisonment.’

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The Independent, 31st March 2014

Source: www.independent.co.uk

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FOIA’s not all that: Kennedy v The Charity Commission [2014] UKSC 20 – Panopticon

‘The Supreme Court’s much anticipated judgments in Kennedy v The Charity Commission make for a long read. But they are very important. All the parties in Kennedy were represented by Counsel from 11KBW: Andrew Sharland for Mr Kennedy; Karen Steyn and Rachel Kamm for the Charity Commission and the Secretary of State; Ben Hooper for the ICO; and Christopher Knight for the Media Legal Defence Initiative and Campaign for Freedom of Information.’

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Panopticon, 28th March 2014

Source: www.panopticonblog.com

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Backing just one horse in a consultation process can be unfair – UK Human Rights Blog

Posted March 31st, 2014 in consultations, human rights, judicial review, news, rent by sally

‘Public law principles allow you to challenge a decision of a public authority if the consultation process preceding it was unfair. Unfairness comes in many shapes and sizes, but the commonest one alleged is that it was not carried out at the formative stage. The authority had already made up enough of its mind so the consultation process ceased to mean anything – it was just going through the motions.’

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UK Human Rights Blog, 28th March 2014

Source: www.ukhumanrightsblog.com

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