High Court to consider Data Protection Act bid to halt reporting of corruption allegations – Panopticon

‘Can the Data Protection Act 1998 (“DPA”) be used to prevent a respected NGO from reporting allegations of corruption by a multi-billion dollar international mining conglomerate? That is the stark question posed by Steinmetz and others v Global Witness Limited, a recently issued High Court DPA Claim.’

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Panopticon, 10th February 2014

Source: www.panopticonblog.com

Deciding without a decision – NearlyLegal

‘R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014. The Claimants were the children of M. The family was street homeless and destitute following eviction. It appears that Harrow had decided there was no duty to accommodate M, as the family was referred to Social Services.’

Full story

NearlyLegal, 9th February 2014

Source: www.nearlylegal.co.uk/blog/

RC v CC and another – WLR Daily

Posted February 5th, 2014 in adoption, children, Court of Protection, disclosure, human rights, law reports by sally

RC v CC and another [2014] EWHC 131 (COP); [2014] WLR (D) 43

‘The jurisdiction to refuse disclosure of materials to the parties in children cases was clearly established and the same fundamental principles applied in cases relating to incapacitated adults in the Court of Protection. The test to be applied was that of “strict necessity” and the question was whether it was necessary, in the interests of the incapacitated person, for the information not to be disclosed.’

WLR Daily, 30th January 2014

Source: www.iclr.co.uk

Court of appeal rejects challenge over legality of stop-and-search powers – The Guardian

‘A woman who was stopped and searched by police after her Oyster travel card was refused has had a legal challenge dismissed by the court of appeal.’

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The Guardian, 4th February 2014

Source: www.guardian.co.uk

Ann Juliette Roberts loses police stop-and-search case – BBC News

Posted February 4th, 2014 in appeals, human rights, London, news, police, race discrimination, stop and search by sally

‘A woman who was searched by police after refusing to pay a bus fare in London has had her appeal case over stop-and-search powers rejected.’

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BBC News, 4th February 2014

Source: www.bbc.co.uk

Whole life sentences – the issues before the Court of Appeal – Halsbury’s Law Exchange

Posted February 4th, 2014 in appeals, human rights, news, sentencing by sally

‘On 24 January 2014, a five-judge Court of Appeal sat to hear the latest in the legal-political battle between London and Strasbourg.’

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Halsbury’s Law Exchange, 3rd February 2014

Source: www.halsburyslawexchange.co.uk

Stop and search ruling due – The Guardian

Posted February 4th, 2014 in appeals, human rights, London, news, police, race discrimination, stop and search by sally

‘The court of appeal is due to rule on a challenge over the legality of random stop-and-search powers aimed at tackling street violence.’

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The Guardian, 4th February 2014

Source: www.guardian.co.uk

Honeymoon murder suspect can be extradited to South Africa, says High Court – UK Human Rights Blog

‘Government of the Republic of South Africa v Dewani [2014] EWHC 153 (Admin) 31 January 2014. Shrien Dewani, the British man facing charges of murdering his wife on honeymoon in South Africa, has lost his appeal to block extradition there (so far three men have been convicted in South Africa over Mrs Dewani’s death). The Court ruled that it would not be “unjust and oppressive” to extradite him, on condition that the South African government agreed to return him to the UK after one year if his depressive illness and mental health problems still prevented a trial from taking place.’

Full story

UK Human Rights Blog, 1st February 2014

Source: www.ukhumanrightsblog.com

The Extraterritorial Application of the European Convention on Human Rights – Speech by Lord Dyson, Master of the Rolls

Posted February 3rd, 2014 in extraterritoriality, human rights, jurisdiction, speeches by tracey

‘A State’s sovereignty is understood by reference to a geographical territory and jurisdiction is understood by reference to a State’s authority over persons within that territory. The primarily territorial perspective of jurisdiction must also be understood against the background of the historical period in which many international treaties, including the Convention, were written. In the post-WWII era, jurisdiction was a tool to allocate competency among fiercely independent and volatile nation States. In the minds of the drafters of such conventions, if one State assumed extraterritorial jurisdiction then it would, necessarily, encroach upon another State’s jurisdiction.’

Full speech

Judiciary of England and Wales, 30th January 2014

Source: www.judiciary.gov.uk

Veil row woman admits witness intimidation – The Guardian

Posted January 31st, 2014 in court dress, human rights, intimidation, Islam, juries, news by sally

‘A Muslim woman who wore a full-face veil in court during her trial has admitted witness intimidation.’

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The Guardian, 30th January 2014

Source: www.guardian.co.uk

Regina (Hicks and others) v Commissioner of Police of the Metropolis – WLR Daily

Posted January 29th, 2014 in appeals, detention, human rights, judicial review, law reports, police, public order by sally

Regina (Hicks and others) v Commissioner of Police of the Metropolis [2014] EWCA Civ 3; [2014] WLR (D) 30

‘Arrests made because the police had reasonable grounds for believing a breach of the peace was imminent and effected for the purpose of bringing those arrested before the magistrates’ court, if that were to become necessary, so as to prolong detention on a lawful basis, complied with article 5(1)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Regina (Boots Management Services Ltd) v Central Arbitration Committee – WLR Daily

Regina (Boots Management Services Ltd) v Central Arbitration Committee [2014] EWHC 65 (Admin); [2014] WLR (D) 25

‘The right guaranteed by article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms of individuals to form and to join trade unions for the protection of their interests encompassed the right to engage in collective bargaining relating to the terms and conditions of employment of a particular group of workers.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Handling of female asylum seekers ‘puts UK to shame’ – The Independent

Posted January 29th, 2014 in asylum, detention, human rights, immigration, news, rape, statistics, torture, women by sally

‘The hidden plight of women asylum seekers detained in Britain is exposed today as a major new report warns that female rape and torture victims are being locked up indefinitely, suffering from depression and being intimidated by male guards.’

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The Independent, 29th January 2014

Source: www.independent.co.uk

Gay couple threaten to sue UK government over same-sex marriage – The Guardian

Posted January 27th, 2014 in civil partnerships, divorce, equality, homosexuality, human rights, marriage, news by sally

‘A gay couple from Barnsley are threatening legal action against the government after discovering they will not be able to marry on 29 March, when the Marriage (Same Sex Couples) Act comes into force, because they are already in a civil partnership.’

Full story

The Guardian, 24th January 2014

Source: www.guardian.co.uk

Way cleared for family’s challenge over ‘do not resuscitate’ orders – The Guardian

‘Appeal court judges have cleared the way for a family to continue their legal challenge over the way decisions are made not to attempt resuscitation of critically ill patients in England.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Whole-life sentences ‘can be imposed despite European court’s objections’ – The Guardian

Posted January 27th, 2014 in appeals, attorney general, human rights, news, sentencing by sally

‘Whole-life sentences can still be imposed on serious and serial offenders despite objections from the European court of human rights, the court of appeal has been told.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Security farce over anonymity for terror suspects on the run – Daily Telegraph

Posted January 27th, 2014 in anonymity, control orders, human rights, news, terrorism by sally

‘Home Office is caught up in a row over its refusal to name terror suspects who have gone missing while on control orders.’

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Daily Telegraph, 25th January 2014

Source: www.telegraph.co.uk

How whole-life sentences might comply with human rights convention – The Guardian

Posted January 24th, 2014 in appeals, human rights, murder, news, parole, sentencing by sally

‘Strasbourg court found that whole-life terms breached human rights of prisoners as they did not provide any review mechanism.’

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The Guardian, 21st January 2014

Source: www.guardian.co.uk

Judges to hear whole-life term challenges – BBC News

Posted January 24th, 2014 in appeals, human rights, murder, news, parole, sentencing by sally

‘The Court of Appeal is due to hear major challenges to whole-life terms given to some killers.’

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BBC News, 24th January 2014

Source: www.bbc.co.uk

Court of Appeal ignores Strasbourg ruling on police detention – BBC News

Posted January 22nd, 2014 in appeals, demonstrations, detention, human rights, news, police by sally

‘The Court of Appeal has backed the police over “pre-emptive” arrests during the 2011 Royal Wedding – and ignored a European Court ruling on the issue.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk