Dominic Grieve QC MP – Why It Matters that Conservatives Should Support the European Convention on Human Rights – UCL Constitution Unit

Posted December 11th, 2014 in attorney general, constitutional reform, human rights, news, speeches, treaties by sally

‘A British withdrawal from the European Convention of Human Rights would be “devastating for Britain and human rights throughout Europe, says Dominic Grieve, sacked as Attorney General by David Cameron in July.’

Video

UCL Constitution Unit, 10th December 2014

Source: www.ucl.ac.uk/constitution-unit

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In re S (A Child) (Abduction: Hearing the Child) – WLR Daily

Posted December 9th, 2014 in appeals, child abduction, children, custody, EC law, law reports, treaties by sally

In re S (A Child) (Abduction: Hearing the Child) [2014] EWCA Civ 1557; [2014] WLR (D) 522

‘Where the court was exercising it’s inherent jurisdiction relating to the abduction or retention of a child where neither the Hague Convention on the International Aspects of Child Abduction 1980, nor article 11(2) of Council Regulation (EC) No 2201/2003 (“Brussels II revised”) applied, the same principle of effective access to justice for a child as applied to cases involving the Convention and the Regulation was engaged and the court was obliged to consider whether and how to hear the child concerned.’

WLR Daily, 4th December 2014

Source: www.iclr.co.uk

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Venn v Secretary of State for Communities and Local Government and others – WLR Daily

Posted December 4th, 2014 in appeals, civil procedure rules, costs, news, treaties by sally

Venn v Secretary of State for Communities and Local Government and others [2014] EWCA Civ 1539; [2014] WLR (D) 513

‘Where a case fell within article 9(3) of the Aarhus Convention but was not a claim for judicial review and therefore not an “Aarhus Convention claim” within CPR r 45.41 it would be inappropriate for the court to relax the usual principles applying to the making of protective costs orders by nevertheless applying the costs protection regime introduced by rule 45.41.’

WLR Daily, 27th November 2014

Source: www.iclr.co.uk

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Why domestic Aarhus rules are not wide enough to comply with the Convention – UK Human Rights Blog

‘Back to Aarhus and the constant problem we have in the UK making sure that the cost of planning and environmental litigation is not prohibitively expensive.’

Full story

UK Human Rights Blog, 1st December 2014

Source: www.ukhumanrightsblog.com

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Anxious Scrutiny – Speech by Lord Sumption

Posted November 6th, 2014 in human rights, news, proportionality, speeches, treaties by sally

Anxious Scrutiny (PDF)

Lord Sumption

Administrative Law Bar Association Annual Lecture, 4th November 2014

Source: www.supremecourt.uk

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Haeger & Schmidt GmbH v Mutuelles du Mans assurances IARD (MMA IARD) and others – WLR Daily

Posted October 28th, 2014 in carriage of goods, conflict of laws, EC law, law reports, treaties by sally

Haeger & Schmidt GmbH v Mutuelles du Mans assurances IARD (MMA IARD) and others (Case C-305/13) ECLI:EU:C:2014:2320; [2014] WLR (D) 441

‘The last sentence of article 4(4) of the Convention on the Law Applicable to Contractual Obligations (Rome Convention) applied to a commission contract for the carriage of goods solely when the main purpose of the contract consisted in the actual transport of the goods concerned, which was for the referring court to verify. Where the law applicable to a contract for the carriage of goods could not be fixed under the second sentence of article 4(4), it had to be determined in accordance with the general rule laid down in article 4(1) that the law governing the contract was that of the country with which it was most closely connected. Where it was argued that a contract had a closer connection with a country other than that the law of which was designated by the presumption laid down in article 4(2), the national court had to compare the connections existing between that contract and the country whose law was designated by the presumption and the other country concerned. In so doing, the national court had to take account of the circumstances as a whole, including the existence of other contracts connected with the contract in question.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

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The UK in the European Convention: fudge, or a shining example? – UK Human Rights Blog

Posted October 10th, 2014 in constitutional law, EC law, human rights, jurisdiction, news, treaties by sally

‘Last night’s discussion at Gray’s Inn Hall featured a panel with Dominic Grieve QC MP (formerly Attorney General), Lord Judge (formerly Lord Chief Justice), Bella Sankey (Policy Director, Liberty), Martin Howe QC (member of the Commission on a British Bill of Rights), David Anderson QC (Independent Reviewer of Terrorism Legislation), all chaired by Shaun Ley of the BBC.’

Full story

UK Human Rights Blog, 9th October 2014

Source: www.ukhumanrightsblog.com

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Regina (Hussein) v Secretary of State for Defence – WLR Daily

Regina (Hussein) v Secretary of State for Defence [2014] EWCA Civ 1087; [2014] WLR (D) 361

‘The policy of the Secretary of State for Defence permitting a technique involving the use of shouting by the armed forces when questioning captured persons was compatible with international law and did not inherently give rise to an unacceptable risk of breaching international law, in particular the prohibitions on inhumane treatment, threats, insults, or unpleasant or disadvantageous treatment under the Geneva Conventions.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Regina (Buer) v Secretary of State for the Home Department – WLR Daily

Posted August 4th, 2014 in EC law, freedom of movement, law reports, treaties by sally

Regina (Buer) v Secretary of State for the Home Department [2014] EWCA Civ 1109; [2014] WLR (D) 359

‘Article 13 of Decision No 1/80 adopted under the Agreement establishing an Association between the European Economic Community and Turkey did not apply to Turkish workers who were already sufficiently integrated into the work force of the host member state to enjoy rights under article 6(1) of the Decision.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Should prisoners have the right to vote? – Halsbury’s Law Exchange

Posted July 1st, 2014 in elections, human rights, news, prisons, select committees, treaties by sally

‘Since 1969 no convicted prisoner in the UK has been allowed to vote. This prohibition was imposed, without debate, by the Representation of the People Act 1969. For two years before that there was no statutory bar to prisoners voting by post, albeit that there were, in many cases, administrative restrictions that prevented them from doing so.’

Full story

Halsbury’s Law Exchange, 30th June 2014

Source: www.halsburyslawexchange.co.uk

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Emily MacKenzie: The Lawfulness of Detention by British Forces in Afghanistan – Serdar Mohammed v Ministry of Defence – UK Constitutional Law Association

‘On 2nd May, the High Court held that the UK Government must pay Serdar Mohammed (SM) compensation because British troops detained him unlawfully in Afghanistan. The case raised a myriad of international law issues, which are dealt with elegantly in an extensive judgment by Mr Justice Leggatt. This post will attempt to summarise some of the key issues involved.’

Full story

UK Constitutional Law Association, 2nd June 2014

Source: www.ukconstitutionallaw.org

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Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 3) – WLR Daily

Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 3) [2014] EWCA Civ 708; [2014] WLR (D)  237

‘A leaked diplomatic cable published on the internet by a third party did not violate the archive and documents of the diplomatic mission which sent the cable since it had already been disclosed to the world by a third party. On that narrow ground it was admissible as evidence in court. However, even if the evidence in question had been admitted, it would not have led to a different decision and therefore was not a ground for allowing the appeal.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

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Chagossians: Wikileaked cable admissible after all – UK Human Rights Blog

‘Rosalind English has summarised this unsuccessful appeal against the rejection of the Chagossians’ claims by the Divisional Court, and I have posted on this litigation arising out of the removal and subsequent exclusion of the population from the Chagos Archipelago in the British Indian Ocean Territory.’


Full story

UK Human Rights Blog, 26th May 2014

Source: www.ukhumanrightsblog.com

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Unlawful detention overseas: is it time to review operations? – Halsbury’s Law Exchange

‘Mohammed v Ministry of Defence and other claims raised the question of whether the UK Government had any right in law to imprison people in Afghanistan; and, if so, what was the scope of that right. The claimant was captured by UK armed forces during a military operation in Afghanistan. He was imprisoned on British military bases in Afghanistan for some time when he was transferred into the custody of the Afghan authorities. The claimant claimed that his detention by UK armed forces was unlawful (a) under the Human Rights Act 1998 (HRA 1998) and (b) under the law of Afghanistan. The Queen’s Bench Division held that his extended detention for a total of 106 days beyond the 96 hours permitted by policy was not authorised and was contrary to both Afghan law and the European Convention on Human Rights (ECHR).’

Full story

Halsbury’s Law Exchange, 27th May 2014

Source: www.halsburyslawexchange.co.uk

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Cap on housing benefit is lawful, says Court of Appeal – UK Human Rights Blog

‘The Court of Appeal has rejected on all grounds a claim that the cap on housing benefit amounted to unlawful discrimination against women.’

Full story

UK Human Rights Blog, 26th February 2014

Source: www.ukhumanrightsblog.com

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Regina (Van Der Pijl) v Secretary of State for the Home Department and another – WLR Daily

Posted February 18th, 2014 in investigatory powers, law reports, police, treaties, warrants by sally

Regina (Van Der Pijl) v Secretary of State for the Home Department and another [2014] EWHC 281 (Admin); [2014] WLR (D) 71

‘Whilst the test of substantial relevance applied equally to applications for search warrants made in the context of domestic proceedings and applications made at the request of foreign authorities under the Crime (International Cooperation) Act 2003, its application invariably differed. In context a domestic court asked to assess substantial relevance in respect of foreign proceedings would do so on a necessarily more circumscribed basis than the same court would were the assessment in respect of proceedings before the same court.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

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European Union (Approvals) Act 2014

Posted January 31st, 2014 in EC law, legislation, regulations, treaties by sally

European Union (Approvals) Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted January 31st, 2014 in asylum, burden of proof, law reports, refugees, Scotland, treaties, United Nations by sally

IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) [2014] UKSC 6; [2014] WLR (D) 36

‘National decision-makers had an independent and autonomous responsibility under the Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) to determine the applications of those who had applied for asylum. An earlier decision of the United Nations High Commissioner for Refugees (“UNHCR”) to grant refugee status was not binding on the national decision-maker, nor did it create any presumption or shift the burden of proof.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

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I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) – Supreme Court

Posted January 30th, 2014 in appeals, asylum, law reports, refugees, Scotland, Supreme Court, treaties, United Nations by sally

I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) [2014] UKSC 6 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

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Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) – WLR Daily

Posted December 17th, 2013 in appeals, EC law, intellectual property, law reports, regulations, trade marks, treaties by sally

Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) Case (C-445/12P); [2013] WLR (D) 493

‘Trade marks registered under international arrangements which had effect in a member state, as referred to in article 8(2)(a)(iii) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L78, p 1), were subject to the same system as trade marks registered in a member state, as referred to in article 8(2)(a)(ii) of the Regulation. As such, where pleaded in opposition proceedings before OHIM, they were subject to the requirement in article 42(3) of the Regulation to prove the requisite prior use, the concept of use of a Community trade mark in the European Union being exclusively and exhaustively governed by EU law.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

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