Censorship or justified Concern? – UK Human Rights Blog

‘Mrs Justice Whipple dismissed one claim for judicial review, and refused permission to bring a further claim, in respect of decisions made by Southampton University regarding a proposed conference on the legality of the existence of Israel under international law. She held that the University had lawfully withdrawn its permission to hold the conference in April 2015, and refused permission to challenge the University’s subsequent decision to require the conference organisers to meet the conference’s security costs as a condition of allowing the conference to take place at a later date. The conference organisers had claimed that both decisions represented an unlawful interference with their Article 10 right to free expression and Article 11 right to free assembly.’

Full story

UK Human Rights Blog, 24th May 2016

Source: www.ukhumanrightsblog.com

Comments Off on Censorship or justified Concern? – UK Human Rights Blog

Confidential Communication With Lawyers Is A Human Right, Even For Prisoners – RightsInfo

‘Part of being in prison is that your rights and freedom are restricted. But prisoners do retain some rights – this was re-confirmed by the highest UK court 15 years ago today.’

Full story

RightsInfo, 23rd May 2016

Source: www.rightsinfo.org

Comments Off on Confidential Communication With Lawyers Is A Human Right, Even For Prisoners – RightsInfo

Ted Heath investigation to continue after probe into police misconduct finds no evidence of wrongdoing – The Independent

‘Police have vowed to continue their investigation into allegations of child sex abuse by the late Sir Edward Heath after several people responded to an appeal for information.’

Full story

The Independent, 12th May 2016

Source: www.independent.co.uk

Comments Off on Ted Heath investigation to continue after probe into police misconduct finds no evidence of wrongdoing – The Independent

No escape from dishonesty hearing for claimant who discontinued – Litigation Futures

Posted April 27th, 2016 in costs, fraud, news, personal injuries, proportionality by sally

‘A personal injury claimant cannot escape a fundamental dishonesty hearing by serving a notice of discontinuance, a circuit judge has held.’

Full story

Litigation Futures, 27th April 2016

Source: www.litigationfutures.com

Comments Off on No escape from dishonesty hearing for claimant who discontinued – Litigation Futures

Proprietary Estoppel: Expectation or Detriment – New Square Chambers

Posted April 13th, 2016 in appeals, compensation, damages, enforcement, estoppel, news, proportionality by sally

‘Proprietary estoppel claims can give rise to a particular issue: should the measure of the claimant’s relief be compensation for detriment or, more generously, enforcement of the relevant promise or assurance?’

Full story

New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

Comments Off on Proprietary Estoppel: Expectation or Detriment – New Square Chambers

Regina v Roberts (Mark) and others- WLR Daily

Regina v Roberts (Mark) and others [2016] EWCA Crim 71

‘In each of the 13 applications before the court, the applicants applied for an extension of time in which to apply for leave to appeal against sentences of imprisonment or detention for public protection (“IPP”)), imposed between 2005 and 2008 under the Criminal Justice Act 2003. Before the sentence of IPP was amended by the Criminal Justice and Immigration Act 2008, the court was required to make the assumption that an offender was dangerous if he had been convicted on an earlier occasion of a specified offence, unless it was unreasonable to do so. Where he was found to be dangerous, and over 18, the court was required to pass a sentence of IPP or life imprisonment; the 2003 Act removed all discretion from the court once it was found that the offender was dangerous. All the applicants had either been detained in custody long after the expiry of the minimum term or had been recalled for breach of licence. The applicants submitted (1) that whatever might have been the position at the time the sentences of IPP were passed, the Court of Appeal had power under section 11 of the Criminal Appeal Act 1968 to pass sentences that, in the light of what had happened over the intervening years, now would be the proper sentence; (2) the Court of Appeal should reconsider the assessments made by sentencing judges in the light of R v Lang [2005] EWCA Crim 2864; [2006] 1 WLR 2509, and (3) a time could and had been reached when the length of the imprisonment was so excessive and disproportionate compared to the index criminal offence that it could amount to inhuman treatment under article 3 or arbitrary detention under article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. That was because the detention no longer had any meaningful link to the index offence. A much delayed review of a sentencing decision could therefore be a mechanism the court could employ to avoid a breach of those Convention Rights. As the period now served by each of the applicants was so much longer than any conceivable determinate sentence would have required, the continued detention amounted to preventative detention and was therefore arbitrary. ‘

WLR Daily, 18th March 2016

Source: www.iclr.co.uk

Comments Off on Regina v Roberts (Mark) and others- WLR Daily

Regina (Watch Tower Bible & Tract Society of Britain and others) v Charity Commission – WLR Daily

Regina (Watch Tower Bible & Tract Society of Britain and others) v Charity Commission [2016] EWCA Civ 154

‘Following three trials of former members of Jehovah’s Witnesses’s congregations on charges of historic sex abuse the Charity Commission decided to initiate a statutory inquiry relating to a leading Jehovah’s Witness charity’s safeguarding policy regarding vulnerable beneficiaries in particular children, under section 46 of the Charities Act 2011, and to order the charity to produce a wide range of documents, under section 52 of the Act, even though none of those accused was connected with the charity. .The applicants, the charity and its trustees, sought judicial review of those decisions, on the grounds that (i) the commission had acted disproportionately by commencing an inquiry the scope of which was vague and undefined and by interfering with the applicants’ Convention rights, and had thereby breached its duty to act fairly so that the decision was irrational; and (ii) the scope of the production order was disproportionate in that information was sought of a personal and sensitive nature, within the meaning of the Data Protection Act 1998, and was furthermore in breach of the Convention rights of individuals affected. The judge in refusing permission to proceed with the judicial review clain held that the applicants had an effective statutory remedy by appealing to the First-tier Tribunal (General Regulatory Chamber) (Charity) against a decision to initiate an inquiry, and that any complaint relating to the breadth of a production order could be dealt with before that tribunal.’

WLR Daily, 15th March 2016

Source: www.iclr.co.uk

Comments Off on Regina (Watch Tower Bible & Tract Society of Britain and others) v Charity Commission – WLR Daily

Swindon Borough Council v Webb (trading as Protective Coatings) – WLR Daily

Swindon Borough Council v Webb (trading as Protective Coatings) [2016] EWCA Civ 152

‘Whilst hesitating to be prescriptive in a matter where the liberty of the subject is at stake, and where the circumstances are likely to be infinitely various, the procedure provided by CPR r 81.31 should be followed where a contemnor seeks his discharge before the expiry of his sentence (para 23).’

WLR Daily, 16th March 2016

Source: www.iclr.co.uk

Comments Off on Swindon Borough Council v Webb (trading as Protective Coatings) – WLR Daily

High Court judge tells parties to have another go at disproportionate budgets – Litigation Futures

Posted March 23rd, 2016 in budgets, costs, news, proportionality by tracey

‘A £5m costs budget for a claim worth just over £7m has been ruled disproportionate, with the claimants told to return to the High Court with a new figure.’

Full story

Litigation Futures, 22nd March 2016

Source: www.litigationfutures.com

Comments Off on High Court judge tells parties to have another go at disproportionate budgets – Litigation Futures

High Court rejects Clifford’s attempt to slash costs through “inadequate” Calderbank offer – Litigation Futures

Posted March 21st, 2016 in costs, damages, news, part 36 offers, privacy, proportionality, striking out by tracey

‘The High Court has rejected jailed publicist Max Clifford’s attempt to limit his costs to only £5,000 in a privacy claim by making an “inadequate” Calderbank offer.’

Full story

Litigation Futures, 21st March 2016

Source: www.litigationfutures.com

Comments Off on High Court rejects Clifford’s attempt to slash costs through “inadequate” Calderbank offer – Litigation Futures

Speech by Mr Justice Singh: Making Judgments on Human Rights Issues – Courts and Tribunals Judiciary

Posted March 11th, 2016 in human rights, proportionality, sex discrimination, speeches by tracey

‘Human Rights Law Centre Annual Lecture 2016.’

Full speech

Courts and Tribunals Judiciary, 9th March 2016

Source: www.judiciary.gov.uk

Comments Off on Speech by Mr Justice Singh: Making Judgments on Human Rights Issues – Courts and Tribunals Judiciary

‘Law-abiding’ rapist let back into Britain because it would break EU law to deport him to Romania – Daily Telegraph

Posted February 29th, 2016 in appeals, deportation, EC law, human rights, immigration, news, proportionality, rape by sally

‘Married father-of-three Mircea Gheorghiu is allowed to return to the UK after being sent back to his home country last year.’

Full story

Daily Telegraph, 28th February 2016

Source: www.telegraph.co.uk

Comments Off on ‘Law-abiding’ rapist let back into Britain because it would break EU law to deport him to Romania – Daily Telegraph

‘Disproportionate’ disclosure application denied in swaps mis-selling claim – Commercial Disputes Blog

‘In Claverton Holdings Ltd v Barclays Bank plc, the Commercial Court rejected an application by the claimant for specific disclosure against the defendant bank. The court found that the documents sought, which related to other mis-selling allegations against the bank employees featuring in the claimant’s case, would have little probative value and adducing them would place a disproportionate burden on the defendant.’

Full story

Commercial Disputes Blog, 16th February 2016

Source: www.rpc.co.uk

Comments Off on ‘Disproportionate’ disclosure application denied in swaps mis-selling claim – Commercial Disputes Blog

New offences and sentencing – Law Society’s Gazette

‘Two further significant provisions of the Serious Crime Act 2015 have been brought into force. First, on 10 November 2015, section 79 created section 40CB of the Prison Act 1952, which provides for an offence of throwing any article or substance into a prison without authorisation.’

Full story

Law Society’s Gazette, 22nd February 2016

Source: www.lawgazette.co.uk

Comments Off on New offences and sentencing – Law Society’s Gazette

Jake W. Rylatt and Joseph Tomlinson: Neuberger’s Novelties: Keyu and the Substantive Review Debate – UK Constitutional Law Association

Posted February 18th, 2016 in inquiries, judicial review, news, proportionality by sally

‘Over the past few decades, the question of substantive review has provided one of the liveliest debates in public law. However, despite a myriad of contributions from courts and legal commentators, we are still left with little certainty as to its nature, scope, and structure. As we near 70 years since Lord Greene’s landmark decision in Wednesbury, and despite some interesting and innovative recent additions to the debate, a distinct sense of fatigue has begun to set in.’

Full story

UK Constitutional Law Association, 17th February 2016

Source: www.ukconstitutionallaw.org

Comments Off on Jake W. Rylatt and Joseph Tomlinson: Neuberger’s Novelties: Keyu and the Substantive Review Debate – UK Constitutional Law Association

Heterosexual Civil Partnership Refusal Not A Human Rights Breach – UK Human Rights Blog

‘Steinfeld & Anor v The Secretary of State for Education [2016] EWHC 128 (Admin). The High Court has ruled in the case of Steinfeld and Keidan v Secretary of State for Education, a human rights challenge to the law of Civil Partnerships. Mrs Justice Andrews ruled that the current law does not breach the human rights of opposite-sex couples who cannot obtain a Civil Partnership.’

Full story

UK Human Rights Blog, 31st January 2016

Source: www.ukhumanrightsblog.com

Comments Off on Heterosexual Civil Partnership Refusal Not A Human Rights Breach – UK Human Rights Blog

Investigatory powers bill: snooper’s charter lacks clarity, MPs warn – The Guardian

‘The government’s investigatory powers bill lacks clarity and is sowing confusion among tech firms about the extent to which “internet connection records” will be collected, a parliamentary select committee has warned.’

Full story

The Guardian, 1st February 2016

Source: www.guardian.co.uk

Comments Off on Investigatory powers bill: snooper’s charter lacks clarity, MPs warn – The Guardian

Criminal record disclosure checks ruled ‘unlawful’ – BBC News

Posted January 25th, 2016 in criminal records, disclosure, employment, news, proportionality, vetting by sally

‘Two people who claimed their careers were being blighted by having to disclose their minor criminal convictions to employers have won their case at the High Court.’

Full story

BBC News, 22nd January 2016

Source: www.bbc.co.uk

Comments Off on Criminal record disclosure checks ruled ‘unlawful’ – BBC News

Finding proportionality in surveillance laws – OUP Blog

Posted January 19th, 2016 in bills, investigatory powers, news, proportionality by sally

‘The United Kingdom Parliament is currently in the pre-legislative scrutiny phase of a new Investigatory Powers Bill, which aims to “consolidate existing legislation and ensure the powers in the Bill are fit for the digital age.” It is fair to say this Bill is controversial with strong views being expressed by both critics and supporters of the Bill. Against this backdrop it is important to cut through the rhetoric and get to the heart of the Bill and to examine what it will do and what it will mean in terms of the legal framework for British citizens, and indeed for those overseas.’

Full story

OUP Blog, 17th January 2016

Source: www.blog.oup.com

Comments Off on Finding proportionality in surveillance laws – OUP Blog

High Court: you can beat up a burglar without breaching their human rights – Daily Telegraph

Posted January 18th, 2016 in burglary, human rights, news, proportionality, self-defence by tracey

‘Householders can use a “disproportionate” level of force to protect themselves against intruders in their home, the High Court has confirmed in a landmark ruling.’

Full story

Daily Telegraph, 16th January 2016

Source: www.telegraph.co.uk

Comments Off on High Court: you can beat up a burglar without breaching their human rights – Daily Telegraph