Children: Private Law Update – Family Law Week
“Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.”
Family Law Week, 13th February 2013
Source: www.familylawweek.com
Category: human rights
UK Border Agency defies MPs over deportation ‘reserves’ – The Guardian
“The UK Border Agency is under attack for ignoring demands from a cross-party Commons committee and the chief inspector of prisons to stop its ‘inhumane’ treatment of some deportees.”
The Guardian, 16th February 2013
Source: www.guardian.co.uk
Theresa May attacks judges over deportation rules – The Guardian
“The home secretary, Theresa May, has accused judges of ‘subverting’ British democracy and making the streets of Britain more dangerous by ignoring rules aimed at deporting more foreign criminals.”
The Guardian,
Source: www.guardian.co.uk
European Court awards damages to prisoner after Parole Board backlog – UK Human Rights Blog
“On 29 January the Chamber of the European Court of Human Rights held that convicted rapist Samuel Betteridge’s Article 5(4) rights had been breached due to delays in his cases being considered by the Parole Board, and awarded him damages for his ‘frustration’.”
UK Human Rights Blog, 15th February 2013
Source: www.ukhumanrightsblog.com
Commission launches guidance on managing religion or belief in the workplace – Equality and Human Rights Commission
“Equality and Human Rights Commission has published new guidance today to help employers and employees deal with the expression of religion or belief at work and avoid conflict and costly court cases.”
14th February 2013
Source: www.equalityhumanrights.com
Lost renewables subsidies successfully claimed as human rights damages – UK Human Rights Blog
“This decision upholding an award of damages for a claim under Article 1 Protocol 1 (right to possessions) may seem rather straightforward to a non-lawyer. Infinis lost out on some subsidies because the regulator misunderstood a complex legal document. It could not claim those subsidies any more, so it claimed and got damages from the regulator. But the relatively novel thing is that English law does not generally allow claims for damage caused by unlawful action by the state. And yet the Court of Appeal found it easy to dismiss the regulator’s appeal on this point.”
UK Human Rights Blog, 13th February 2013
Source: www.ukhumanrightsblog.com
Rummun v State of Mauritius – WLR Daily
Rummun v State of Mauritius [2013] UKPC 6; [2013] WLR (D) 53
“Where there had been substantial delay in a criminal trial it was the duty of the court, whether at sentence or on appeal and whether or not the matter had been raised by the defence, to examine the possibility of there having been a breach of the defendant’s right to a fair trial within a reasonable time, and if so whether that should influence the sentence to be imposed. The court should consider the factors which had caused the delay, including the responsibility of the defendant for any delay, but was to exercise caution in respect of any decision by him to contest the case on grounds which proved to be unfeasible, since a defendant to a criminal charge was entitled to put the prosecuting authorities to proof of his guilt.”
WLR Daily, 7th February 2013
Source: www.iclr.co.uk
International legal aid: private conscience and public duty – LegalVoice
“Lindsay Sandiford, the British woman sentenced to death for smuggling just under five kilos of cocaine into Bali, has obtained sufficient funds to appeal, writes Roger Smith.”
LegalVoice, 12th February 2013
Source: www.legalvoice.org.uk
Ken Clarke fights amendments to security bill – The Guardian
“Judges should be given the ‘maximum amount of discretion’ in deciding whether or not to order a secret court hearing under the justice and security bill, Ken Clarke has told MPs and peers.”
The Guardian, 12th February 2013
Source: www.guardian.co.uk
Shouting is a lawful interrogation technique, says High Court – UK Human Rights Blog
“Ali Hussein v Secretary of State for Defence [2013] EWHC 95 (Admin) –
Collins J has dismissed a claim that the MOD’s policy of allowing interrogators to shout at a captured person in order to obtain information is unlawfully oppressive. Not only did the complaint fail but it was denounced as ‘misconceived’ and one which should never have been pursued.”
UK Human Rights Blog, 11th February 2013
Source: www.ukhumanrightsblog.com
Probe into ‘high death rate’ hospitals extended – BBC News
“Another nine hospital trusts are to be investigated for high death rates in the
wake of the damning report on the NHS over its handling of the Stafford Hospital
scandal.”
BBC News, 11th February 2013
Source: www.bbc.co.uk
AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Same and others – WLR Daily
“An intimate sexual relationship instigated by an undercover police officer with a member of the public for the purposes of obtaining information fell within the scope of ‘personal or other relationship with a person’ for the purposes of section 26(8) of the Regulation of Investigatory Powers Act 2000 so that, by section 65, the Investigatory Powers Tribunal had exclusive jurisdiction to hear a claim brought against the police under the Human Rights Act 1998.”
WLR Daily, 18th January 2013
Source: www.iclr.co.uk
Does the state owe a duty to inform the wronged? And Ullah revisited – UK Human Rights Blog
“The Court of Appeal dismissed this claim by a children’s NGO for an order that the Secretary of State provide information to certain children to the effect that the SoS and his contractors had unlawfully used bodily restraint upon them whilst they were ‘trainees’ in Secure Training Centres.”
UK Human Rights Blog, 10th February 2013
Source: www.ukhumanrightsblog.com
Iraq war activists to get £4,000 compensation over 2003 protest – The Guardian
“Anti-war protesters who were prevented by police from attending a mass rally outside an RAF airbase have been awarded more than £4,000 each in compensation.”
The Guardian, 8th February 2013
Source: www.guardian.co.uk
Pensioner ‘held prisoner’ by local council wins legal victory – The Independent
“A pensioner who was ‘held prisoner’ by a local authority won a legal victory when the council admitted violating her human rights.”
The Independent, 8th February 2013
Source: www.independent.co.uk
Romford and Eastbourne hospitals dragged in to NHS care scandal – Daily Telegraph
“Two more hospitals were dragged into the NHS care scandal today as it emerged that 18 families were taking legal action on the grounds that their loved ones had suffered neglect and negligence.”
Daily Telegraph, 7th February 2013
Source: www.telegraph.co.uk
Proximity to fame, privacy and copyright ownership – 5RB
“Following the decision to restrain publication of semi-nude photos of Kate Winslet’s husband (Mr Rocknroll), Chloe Strong, barrister at 5RB Chambers, discusses the case and what it means for privacy disputes.”
Full story (PDF)
5RB, 24th January 2013
Source: www.5rb.com
Regina (Gallastegui) v Westminster City Council and others – WLR Daily
Regina (Gallastegui) v Westminster City Council and others [2013] EWCA Civ 28; [2013] WLR (D) 45
“Sections 143 and 145 of the Police Reform and Social Responsibility Act 2011 were carefully targeted to prevent protesters camping with tents or sleeping equipment on Parliament Square Gardens, but did not generally impair freedom to protest at all. As a consequence they were not incompatible with the rights to freedom of expression and protest in articles 10 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Sincethe procedure set out in the 2011 Act allowed for access to a court, article 6 of the Convention was not engaged.”
WLR Daily, 30th January 2013
Source: www.iclr.co.uk
Mid Staffs Inquiry report: Human rights abuses need human rights solutions – UK Human Rights Blog
“Hundreds of people have died; others have been starved, dehydrated and left in appalling conditions of indignity, witnessed by their loved ones. Surely this is what Chris Grayling, Justice Secretary, had in mind when he recently cautioned to need to ‘concentrate on real human rights’?”
UK Human Rights Blog, 6th February 2013
Source: www.ukhumanrightsblog.com
Commission helps disabled man win compensation for discrimination – Equality and Human Rights Commission
“The Equality and Human Rights Commission (EHRC) has helped a disabled man win £1,500 pounds in an out of court settlement after he was refused access to a nightclub and then taunted by staff.”
Equality and Human Rights Commission, 6th February 2013
Source: www.equalityhumanrights.com
