Children Private law update Summer 2018 – Family Law Week

Posted August 2nd, 2018 in children, habeas corpus, news, parental responsibility, residence orders by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 26th July 2018

Source: www.familylawweek.co.uk

Family pressure group “had no business” in applying for habeas corpus on behalf of mother – UK Human Rights Blog

‘An application for habeas corpus by a pressure group was completely “hopeless” and “entirely misconceived”. The appellant’s challenge to the decision of the judge below was equally devoid of merit. Third party applications are only appropriate where the prisoner is incommunicado or where the impediment preventing the prisoner from acting is ignorance or disability. It was entirely inappropriate in these circumstances, where the prisoner had been represented by counsel throughout the proceedings which resulted in her imprisonment, or where her detention had already ended before the application for habeas corpus was made.’

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UK Human Rights Blog, 18th November 2014

Source: www.ukhumanrightsblog.com

K v Kingswood Centre and another – WLR Daily

Posted October 28th, 2014 in appeals, detention, habeas corpus, hospital orders, law reports, mental health by sally

K v Kingswood Centre and another [2014] EWCA Civ 1332; [2014] WLR (D) 443

‘The notice period of a discharge order made for the purposes of section 25 of the Mental Health Act 1983 and served in accordance with regulation 3(3)(b)(i) of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 started to run from the time when it was received by the officer authorised by the hospital managers and not from the time when it was received at the hospital’s fax machine.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

Ken Clarke ‘misled’ parliament over secret courts bill – The Guardian

Posted March 25th, 2013 in bills, closed material, habeas corpus, news by sally

“Conservative cabinet minister Ken Clarke has been accused of misleading parliament as confusion mounts over the government’s plans to introduce secret courts ahead of this week’s crucial vote in the House of Lords.”

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The Guardian, 24th March 2013

Source: www.guardian.co.uk

Foreign Secretary v Rahmatullah: Reprieve’s dodgy press release – Head of Legal

Posted November 7th, 2012 in Afghanistan, habeas corpus, human rights, news, rendition, Supreme Court by sally

“Last Wednesday the Supreme Court gave judgment in this case in which Yunus Rahmatullah, who’s being held by American forces in Afghanistan, applied for habeas corpus against the British government.”

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Head of Legal, 6th November 2012

Source: www.headoflegal.com

The dissenting voices in Rahmatullah: no time for political sensitivities – UK Human Rights Blog

Posted November 5th, 2012 in appeals, detention, habeas corpus, judgments, judiciary, news, Supreme Court by sally

“Only a few weeks after giving the Birkenhead lecture entitled ‘Dissenting judgments – self indulgence or self sacrifice?’ (See David Hart QC’s previous post), Lord Kerr delivered the leading judgment of the Supreme Court in the case of Rahmatullah. Given that the issue of a man’s liberty was at stake, it could be no real surprise for Lord Kerr or anyone else that there were two dissenting judgments in the cross-appeal provided by Lord Carnwath and Lady Hale. They made clear that in their view the UK should have done more to secure the release of detainee Yunis Rahmatullah and in doing so raised questions as to the proper limits of judicial intervention into the ‘forbidden area’ of foreign policy.”

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UK Human Rights Blog, 3rd November 2012

Source: www.ukhumanrightsblog.com

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) – WLR Daily

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) [2012] UKSC 48; [2012] WLR (D) 301

“Where, on an application for a writ of habeas corpus, the court was uncertain whether the respondents had sufficient control of the applicant to be able to produce him, it could properly issue the writ so that on the return that question could be determined with fuller knowledge.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

Supreme Court upholds US detention of Yunus Rahmatullah – UK Human Rights Blog

Posted November 1st, 2012 in appeals, detention, habeas corpus, news, rendition, Supreme Court, terrorism, treaties by sally

“The Supreme Court has ruled that the law of habeas corpus should not be used to order the US to return a Pakistani national held in US custody to the UK.”

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UK Human Rights Blog, 31st October 2012

Source: www.ukhumanrightsblog.com

Yunus Rahmatullah: the US and UK caught committing a crime together – The Guardian

“A UK supreme court ruling on the unlawful detention of Yunus Rahmatullah exposes the complicity of Britain with the US.”

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The Guardian, 31st October 2012

Source: www.guardian.co.uk

Yunus Rahmatullah: Supreme Court upholds detention – BBC News

“The UK Supreme Court has ruled against a legal charity which argued a Pakistani national in US custody should be handed over to the UK.”

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BBC News, 31st October 2012

Source: www.bbc.co.uk

Abu Qatada seeks judicial review of detention – The Guardian

Posted July 31st, 2012 in deportation, detention, habeas corpus, judicial review, news by sally

“The radical Islamist preacher Abu Qatada, who has spent more than six years in detention, will on Tuesday launch a fresh bid for release. Qatada’s lawyers will apply to the high court for a writ of habeas corpus and permission to launch a judicial review of his continuing detention while he fights deportation to Jordan to stand trial on terrorist charges.”

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The Guardian, 30th July 2012

Source: www.guardian.co.uk

Secret court proposals threaten habeas corpus safeguards, charity warns – The Guardian

Posted July 16th, 2012 in closed material, habeas corpus, news, private hearings by sally

“Suspects could be detained in prison without knowing the reasons if the ancient writ of habeas corpus is trumped by government plans for secret courts, according to civil liberties campaigners.”

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The Guardian, 13th July 2012

Source: www.guardian.co.uk

Britain must secure release of Bagram detainee, supreme court told – The Guardian

Posted July 4th, 2012 in habeas corpus, news, prisoners of war, rendition, Supreme Court by sally

“Britain must secure the release of a Pakistani man captured by UK special forces and held by the US in Afghanistan’s notorious Bagram jail without trial for more than eight years, his lawyers told the supreme court this week.”

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The Guardian, 3rd July 2012

Source: www.guardian.co.uk

Judges admit defeat in bid to secure release of terrorism suspect – Daily Telegraph

Posted February 24th, 2012 in detention, habeas corpus, news, terrorism by tracey

“The country’s second most senior judge was yesterday forced to admit defeat in attempts to secure the release of a terrorism suspect from American custody.”

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Daily Telegraph, 23rd February 2012

Source: www.telegraph.co.uk

Indefinite detention: not very British – UK Human Rights Blog

Posted February 8th, 2012 in bail, deportation, habeas corpus, human rights, immigration, news, torture by sally

“‘Human Rights Act to blame!’ is a frequent refrain in the media, as well reported on this blog. Often, though, the outcome that has attracted media ire is not one that has much to do with the Human Rights Act at all. The decision to release Abu Qatada on bail is one such example.”

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UK Human Rights Blog, 8th February 2012

Source: www.ukhumanrightsblog.com

Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and another – WLR Daily

Posted December 16th, 2011 in habeas corpus, law reports, prisoners of war, transfer of prisoners by tracey

Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and another: [2011] EWCA Civ 1540;  [2011] WLR (D)  368

“Where a relevant detaining authority initially had control over an applicant for a writ of habeas corpus, and subsequently claimed to have lost that control, a factual issue for the court’s determination was raised, and it would be wrong for the court simply to accept the detaining authority’s claim in the context of an application for the issue of the writ.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

Bagram jail detainee unlawfully held, court rules – The Guardian

Posted December 15th, 2011 in Afghanistan, detention, habeas corpus, news by sally

“The government has been ordered by three senior judges to secure the release of a Pakistani man captured by British special forces and held by the US in Afghanistan’s notorious Bagram jail without trial for more than seven years.”

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The Guardian, 14th December 2011

Source: www.guardian.co.uk

UK ‘must secure’ release of US detainee, judges rule – BBC News

Posted December 14th, 2011 in appeals, detention, habeas corpus, human rights, news, terrorism by sally

“The Court of Appeal has ordered the UK to secure the release of a suspected insurgent who remains held without charge by the US in Afghanistan.”

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BBC News, 14th December 2011

Source: www.bbc.co.uk

UK judges say they cannot free Afghanistan detainee – BBC News

Posted July 29th, 2011 in habeas corpus, news, rendition by tracey

“High Court judges have refused to free a man in Afghanistan after the charity Reprieve sought his release under one of the England’s most ancient laws.”

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BBC News, 29th July 2011

Source: www.bbc.co.uk

UK ‘must help release detainee’ in Afghanistan, High Court told – BBC News

Posted June 23rd, 2011 in Afghanistan, detention, habeas corpus, news, rendition by sally

“Lawyers for a man held in Afghanistan are demanding he is freed under one of the England’s most ancient laws.”

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BBC News, 23rd June 2011

Source: www.bbc.co.uk