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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Retrospective legislation that interfered with judicial ruling violated the Convention and the rule of law – UK Human Rights Blog

Posted July 9th, 2014 in human rights, judgments, legislation, news, retrospectivity by sally

‘The High Court has issued a declaration of incompatibility following a successful challenge to the Jobseekers (Back to Work Schemes) Act 2013. The regulations under the Act that sanctioned those who did not participate in unpaid “work for your benefit” schemes by depriving them of an allowance violated the rule of law protected by the Convention and this country’s unwritten constitution. However, the dispute did not engage Article 1 of the First Protocol to the ECHR.’

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UK Human Rights Blog, 8th July 2014

Source: www.ukhumanrightsblog.com

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Bad reviews and a future of bunk beds – NearlyLegal

Posted July 1st, 2014 in appeals, homelessness, housing, judgments, news by sally

‘This second appeal to the Court of Appeal from a s.204 Housing Act 1996 appeal raises three important questions. Unfortunately, the answers to them are rather brief and rather negative. The issues are i) whether a s.202 review of a s.184 decision can come to a finding which is substantially worse for the applicant that the original s.184 decision; ii) whether a review officer should conduct a hazard assessment (Housing Act 2004) when considering whether it is reasonable for an applicant to occupy their accommodation; and iii) how far should a review officer look to the future when considering whether the applicant is homeless.’

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NearlyLegal, 30th June 2014

Source: www.nearlylegal.co.uk

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Judicial dissent wanes under Neuberger regime at UK Supreme Court – The Lawyer

Posted April 23rd, 2014 in judges, judgments, news, Supreme Court by sally

‘Judicial dissent is in decline in the UK’s top court as the Supreme Court moves towards a culture of collegiality on the bench, research by The Lawyer has revealed.’

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The Lawyer, 23rd April 2014

Source: www.thelawyer.com

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Second bites at the cherry, defective witness statements and sanction: a practical view from the Bar – Littleton Chambers

‘In his monthly column, James Bickford Smith discusses the Court of Appeal’s recent guidance on communications with judges after draft judgments are circulated, some interesting judicial
observations on defective witness statements, and the Commercial Court’s important relief from
sanctions decision in Re C (A Child) [2014] EWCA Civ 70.’

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Littleton Chambers, 7th March 2014

Source: www.littletonchambers.com

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Is Fairchild a Leading case of the Common Law? – The Inner Temple

Is Fairchild a Leading case of the Common Law? (PDF)

Per Laleng, Inner Temple Academic Fellow, University of Kent

The Inner Temple, 20th January 2014

Source: www.innertemple.org.uk

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We need to talk about Denning – Halsbury’s Law Exchange

Posted January 24th, 2014 in advocacy, judges, judgments, news, precedent by sally

‘It’s a familiar scenario to any lawyer.

You’re reading a practitioner handbook and see a case referred to that seems just a little bit odd.

You read the summary in the footnotes and can’t believe it really says that and, before you know it, you’ve been side-tracked from your original research plan into actually getting a copy of the case.’

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Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk

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Senior judge orders greater transparency in family court judgments – The Guardian

Posted January 17th, 2014 in Court of Protection, family courts, judgments, news, reporting restrictions by sally

‘Many more judgments from some of the UK’s most secret hearings will be published in future, the judge in charge of the family court and the court of protection has ordered.’

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The Guardian, 16th January 2014

Source: www.guardian.co.uk

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The mother, the C-section baby and ‘secret British court’: a secrecy scandal – or the birth of a scare story? – The Independent

‘The first grim details published about Alessandra Pacchieri’s brief stay in Britain were, as one commentator put it, “the stuff of nightmares”.
Over the past few days, however, a different story has emerged. Transcripts of judgments relating to the case have now been made public and they reveal the nuances behind the apparently callous decisions of judges.’

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The Independent, 6th December 2013

Source: www.independent.co.uk

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Judge who ordered mentally ill pregnant woman to undergo Caesarian birth insists that decision was in her best interests – The Independent

Posted December 5th, 2013 in birth, judgments, medical treatment, mental health, news by sally

‘The judge who ordered a mentally ill pregnant woman to undergo a Caesarian section instead of a natural birth insisted that it was in her best interests.’

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The Independent, 4th December 2013

Source: www.independent.co.uk

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More than a slip ‘twixt cup and lip – UK Human Rights Blog

“Technical evidence can sometimes be crucial to judicial decisions and this case shows how dramatic the consequences are for a family if evidence is unreliable. If the respondent in this case had not put probity before its commercial interests, a mother would have been deprived of the care of her child. Hence the importance of publishing the judgment.”

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UK Human Rights Blog, 25th October 2013

Source: www.ukhumanrightsblog.com

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Report to the Joint Committee on Human Rights on the Government response to human rights judgments 2012–13 – Ministry of Justice

Posted October 24th, 2013 in human rights, judgments, parliamentary papers, reports by tracey

“This is the latest in a series of annual reports to the Joint Committee on Human Rights (JCHR) setting out the Government’s record on the implementation of adverse Human Rights judgments.”

Full report

Ministry of Justice, 24th October 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

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Commission of the European Union v Federal Republic of Germany – WLR Daily

Posted October 24th, 2013 in EC law, enforcement, judgments, law reports, treaties by tracey

Commission of the European Union v Federal Republic of Germany: (Case C-95/12);   [2013] WLR (D)  399

“The procedure laid down in article 260(2)FEU of the FEU Treaty had to be regarded as a special judicial procedure for the enforcement of the judgments of the court, ie a method of enforcement.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

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Meaning of personal data should not be derived solely from Durant case, says High Court judge – OUT-LAW.com

Posted October 22nd, 2013 in data protection, EC law, judgments, news by tracey

“UK organisations looking to understand whether information they hold constitutes ‘personal data’ must not look solely at how the term was interpreted by the Court of Appeal in 2003, a High Court judge has ruled.”

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OUT-LAW.com, 22nd October 2013

Source: www.out-law.com

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High Court orders disclosure of closed judgment in Afghanistan interrogation case – UK Human Rights Blog

Posted October 17th, 2013 in closed material, disclosure, judgments, news, witnesses by sally

“In ‘Evans (No. 1)’, a 2010 case concerning the transfer of suspected insurgents for questioning in certain military centres in Afghanistan, the High Court had ruled, partly in an open judgment, partly in closed proceedings, that UK transfers to NDS Kandahar and NDS Lashkar Gah could proceed without risk of ill treatment (which is contrary to UK policy), but that it would be a breach of the policy and therefore unlawful for transfers to be made to NDS Kabul. It was subsequently discovered that there had not been jurisdiction to follow a closed procedure in that case, but what was done could not be undone, so the confidentiality agreements and the closed judgment remained in force.”

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UK Human Rights Blog, 16th October 2013

Source: www.ukhumanrightsblog.com

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Lord Judge signs off with attack on ‘ambush’ advocate – Law Society’s Gazette

Posted October 2nd, 2013 in appeals, barristers, defence, judges, judgments, news, professional conduct, terrorism by tracey

“In his final court of appeal judgment as lord chief justice, Lord Judge has attacked the conduct of a defence advocate who likened the judge in a terrorist trial to a dishonest seller of worthless goods.”

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Law Society’s Gazette. 30th September 2013

Source: www.lawgazette.co.uk

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Salzgitter Mannesmann Handel GmbH v SC Laminorul SA – WLR Daily

Posted October 1st, 2013 in EC law, enforcement, foreign jurisdictions, judgments, law reports by sally

Salzgitter Mannesmann Handel GmbH v SC Laminorul SA (Case C-157/12); [2013] WLR (D) 362

“Article 34(4) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1) was of no application to irreconcilable judgments given by courts of the same member states.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

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The Niqaab issue is too important to be left to liberal instinct – UK Human Rights Blog

“Yesterday, before His Honour Judge Peter Murphy ruled that a female Muslim defendant in a criminal trial must remove her face-covering veil (niqaab) whilst giving evidence, Home Office Minister Jeremy Brown said he was ‘instinctively uneasy’ about restricting religious freedoms, but that there should be a national debate over banning the burka.”

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UK Human Rights Blog, 17th September 2013

Source: www.ukhumanrightsblog.com

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Re B (A Child): Who Held What in the Supreme Court? – Family Law Week

Posted August 19th, 2013 in appeals, children, judgments, news, Supreme Court by tracey

“Frank Feehan QC  and Anna McKenna who appeared for the appellant in the Supreme Court and Justin Leslie offer a tabular summary of the findings of the individual Justices on key issues in the appeal.”

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Family Law Week, 16th August 2013

Source: www.familylawweek.co.uk

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Keep it short, judges: no need to churn to earn – UK Human Rights Blog

Posted July 29th, 2013 in appeals, fees, judgments, news, solicitors by sally

“This time of year, high court and appellate judges will have been trying to clear their desks – to stop the complex half-finished judgment from skulking around in their minds and spoiling their holidays.”

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UK Human Rights Blog, 27th July 2013

Source: www.ukhumanrightsblog.com

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