Category: human rights

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

Posted May 7th, 2013 in appeals, enforcement, housing, human rights, law reports, repossession by sally

Regina (JL) v Secretary of State for Defence [2013] EWCA Civ 449; [2013] WLR (D) 161

The occupant of a house was entitled to rely upon article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, entitling the occupant to a proportionality review, by way of opposition to the enforcement of a possession order already obtained by the owner in the exceptional circumstances where there had been a substantial change of circumstances which gave rise for the first time to an article 8 issue which neither was nor could have been pursued prior to the making of the possession order.

WLR Daily, 30th April 2013

Source: www.iclr.co.uk

Sex offenders secretly removed from register – Daily Telegraph

Posted May 7th, 2013 in human rights, news, sexual offences by sally

“Convicted sex offenders, including paedophiles and rapists, have been secretly from the Sex Offenders’ Register, it has been revealed.”

Full story

Daily Telegraph, 7th May 2013

Source: www.telegraph.co.uk

Regina (HC) v Secretary of State for the Home Department and another (Coram Children’s Legal Centre and another intervening) – WLR Daily

Posted May 3rd, 2013 in children, codes of practice, human rights, illegality, law reports, ministers' powers and duties, young offenders by tracey

Regina (HC) v Secretary of State for the Home Department and another (Coram Children’s Legal Centre and another intervening): [2013] EWHC 982 (Admin);   [2013] WLR (D)  157

“It was contrary to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and consequently unlawful, for the Secretary of State for the Home Department to direct, as she had done through Code C of the Code of Practice under the Police and Criminal Evidence Act 1984 (‘PACE Code C’), that 17-year-olds might be treated as adults when in police detention.”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

Guidance from the Supreme Court on human rights damages – UK Human Rights Blog

Posted May 3rd, 2013 in damages, delay, human rights, news, parole, Supreme Court by tracey

“Faulkner, R (on the application of ) v Secretary of State for Justice and another [2013] UKSC 23. The Supreme Court has taken a fresh look at what is meant by the Human Rights Act exhortation to take Strasbourg jurisprudence ‘into account’ when fashioning remedies for violations of Convention rights, in this case the right not to be arbitrarily detained under Article 5.”

Full story

UK Human Rights Blog, 2nd May 2013

Source: www.ukhumanrightsblog.com

 

When is Article 8 available at the enforcement stage of the eviction process? – NearlyLegal

Posted May 2nd, 2013 in appeals, armed forces, enforcement, human rights, news, repossession by sally

“In R (JL) v SSD [2013] EWCA Civ 449, the Court of Appeal ‘broke new ground’ by considering how Article 8 applied to the stage at which possession orders are enforced.”

Full story

NearlyLegal, 1st May 2013

Source: www.nearlylegal.co.uk

Article 8 and enhanced criminal record certificates –

Posted May 1st, 2013 in criminal records, disclosure, human rights, news, police, teachers by sally

“There have been a number of Panopticon posts about the lawfulness of disclosures in enhanced criminal record certificates. The latest decision is that of Mr Justice Stuart-Smith in R (L) v Chief Constable of Cumbria Constabulary [2013] EWHC 869 (Admin).”

Full story

Panopticon, 30th April 2013

Source: www.panopticonblog.com

Chagossians: Wikileaks cables not admissible in court – UK Human Rights Blog

Posted April 29th, 2013 in Chagos Islands, disclosure, evidence, fisheries, human rights, indigenous peoples, international law, judicial review, news, public interest immunity by tracey

“Bancoult v. Foreign & Commonwealth Office, Divisional Court, Richards LJ and Mitting J, 16-24 April 2013, judgment awaited. A quick update at the end of the recent judicial review on 24 April by Mr Bancoult on behalf of the Chagossian islanders, but before judgment. The challenge was to the designation of the waters around their islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”

Full story

UK Human Rights Blog, 28th April 2013

Source: www.ukhumanrightsblog.com

Home Office fury as drug dealer immigrant wins right to stay in UK – Daily Telegraph

Posted April 29th, 2013 in appeals, deportation, drug offences, families, human rights, immigration, news by tracey

“A judge’s decision to allow a convicted drug dealer who abandoned his children
the right to stay in Britain over his ‘human rights’ is at the centre of
mounting political protest.”

Full story

Daily Telegraph, 27th April 2013

Source: www.telegraph.co.uk

Jeff King: Deference, Dialogue and Animal Defenders International – UK Constitutional Law Group

Posted April 26th, 2013 in advertising, freedom of expression, human rights, news, political parties, proportionality by tracey

“In Animal Defenders International, the European Court of Human Rights upheld the British ban on political advertising in the broadcast media (s.321 Communications Act 2003), consistently with the judgments of the UK House of Lords and High Court, but in an apparent departure from its previous caselaw in the VgT (Verein gegen Tierfabrik v. Switzerland, no. 24699/94 ECHR 2001‑VI) case. The key issue in the case was whether a blanket ban (or ‘general measure’) was a proportionate restriction of the freedom of expression, or whether some class of exception (a ‘case-by-case’ approach) for groups such as the NGO in this case ought to be recognized.”

Full story

UK Constitutional Law Group, 25th April 2013

Source: www.ukconstitutionallaw.org/blog

 

Another blow for Theresa May: treating 17-year-olds in custody as adults ‘incompatible’ with human rights law – The Independent

Posted April 25th, 2013 in children, human rights, news, parental rights, young offenders by sally

“A teenager has won a High Court victory over the Home Secretary Theresa May’s policy of treating 17-year-olds taken into custody as adults – depriving them of protections offered to those aged 16 and under.”

Full story

The Independent, 25th April 2013

Source: www.independent.co.uk

Death Row, Human Rights and the Limits of the Law – Criminal Law and Justice Weekly

Posted April 25th, 2013 in appeals, human rights, judicial review, jurisdiction, legal representation, news, treaties by sally

“Although both the law surrounding human rights and the use of judicial review to uphold it have grown exponentially in the UK in recent times, there are still plenty of jurisdictions where even fundamental principles of justice are not respected with any consistency. It is not surprising, therefore, that the last decade has seen a number of cases where those faced with perceived injustice abroad turn homewards for redress.”

Full story

Criminal Law and Justice Weekly, 20th April 2013

Source: www.criminallawandjustice.co.uk

Supreme Court find A1P1 breach in retrospective legislation – UK Human Rights Blog

Posted April 24th, 2013 in agricultural holdings, declarations of incompatibility, human rights, landlord & tenant, news, partnerships, retrospectivity, Scotland, Supreme Court by sally

“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”

Full story

UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

McNally: ‘Access to justice’ doesn’t mean access to a lawyer – LegalVoice

Posted April 24th, 2013 in budgets, competition, human rights, legal aid, litigants in person, news by sally

“It was time to ‘move on’ from the ‘bruising’ LASPO debate, the Lord McNally said yesterday. The legal aid minister told delegates at an event organised by the Westminster Legal Policy Forum that this month’s cuts would save £180m per annum alone. ‘Yet on the criminal side, we’re still spending £1 billion every year. A significant proportion of this spending is swallowed up by a few very high cost cases,’ the legal aid minister added.”

Full story

LegalVoice, 24th April 2013

Source: www.legalvoice.org.uk

How can the courts manage the Facebook phenomenon? – UK Human Rights Blog

Posted April 24th, 2013 in children, damages, human rights, injunctions, internet, news by sally

“In this somewhat chaotic action, the Plaintiff sued ten defendants, in anonymised form by her father and next friend.”

Full story

UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

Can Britain withdraw from the European human rights convention? – The Guardian

Posted April 24th, 2013 in human rights, news, terrorism, torture, treaties by sally

“It is theoretically possible to withdraw temporarily from the European convention on human rights particularly over matters involving terrorism.”

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The Guardian, 24th April 2013

Source: www.guardian.co.uk

Strasbourg ties itself in knots over advertising ban – UK Human Rights Blog

Posted April 24th, 2013 in advertising, animal cruelty, competition, human rights, news, public interest by sally

“In what was a profoundly sad day for democracy, on 22 April 2013 the European Court of Human Rights found in favour of the UK government in a landmark test case concerning a TV advertisement produced by ADI in 2005, and subsequently banned under the Communications Act 2003.”

Full story

UK Human Rights Blog, 23rd April 2013

Source: www.ukhumanrightsblog.com

Dale Farm protester awarded damages – Daily Telegraph

Posted April 23rd, 2013 in assault, damages, demonstrations, detention, false imprisonment, human rights, news by sally

“A protester arrested at the Dale Farm traveller eviction will receive undisclosed damages after she complained she was left in a police van for too long.”

Full story

Daily Telegraph, 23rd April 2013

Source: www.telegraph.co.uk

Teacher’s human rights breached by unproven allegations disclosure – Daily Telegraph

Posted April 23rd, 2013 in criminal records, disclosure, human rights, news, police, teachers, vetting by sally

“The PE teacher has not worked for more than two years because the allegation remained on his record even though police investigated and took no action.”

Full story

Daily Telegraph, 22nd April 2013

Source: www.telegraph.co.uk

Government will be mightily relieved at decision to uphold political ads ban – The Guardian

Posted April 23rd, 2013 in advertising, courts, freedom of expression, human rights, news, political parties by sally

“The court’s decision turned on the judges’ assessment of what restrictions are necessary in a democratic society.”

Full story

The Guardian, 22nd April 2013

Source: www.guardian.co.uk

Teacher wins right to have dropped allegation removed from criminal record checks – The Independent

Posted April 22nd, 2013 in criminal records, damages, disclosure, harassment, human rights, judicial review, news, privacy, teachers by sally

“A police force unlawfully infringed a physical education teacher’s human rights by refusing to remove detail of an 18-year-old woman’s harassment allegation from a ‘criminal record certificate’ available to potential employers, a High Court judge has ruled.”

Full story

The Independent, 22nd April 2013

Source: www.independent.co.uk