Judicial dialogue? Straw and Bratza deliver choice words on Strasbourg – The Guardian

Posted November 15th, 2012 in courts, human rights, lectures, lord chancellor, news, treaties by sally

“Former lord chancellor suggests the human rights court will be the architect of its own demise as the former president recalls its achievements.”

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The Guardian, 14th November 2012

Source: www.guardian.co.uk

Abu Qatada: Preventing a flagrant denial of justice – UK Human Rights Blog

Posted November 14th, 2012 in appeals, deportation, evidence, human rights, news, terrorism, torture by sally

“Earlier today [13 November], Abu Qatada was released from Long Lartin prison following his successful appeal before the Special Immigration Appeal’s Commission (SIAC). Qatada was challenging the decision to deport him to Jordan, where he faces a retrial for alleged terrorism offences.”

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UK Human Rights Blog, 13th November 2012

Source: www.ukhumanrightsblog.com

European court ruling could see minor criminal records withheld from employers – Daily Telegraph

Posted November 14th, 2012 in criminal records, disclosure, employment, human rights, news, vetting by sally

“People with minor criminal records may not have them disclosed to potential employers in future after the European Court of Human Rights condemned the lack of scope for discretion in Britain’s current vetting system.”

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Daily Telegraph, 13th November 2012

Source: www.telegraph.co.uk

R (Nirula) v First-tier Tribunal (Asylum and Immigration Chamber) – WLR Daily

Posted November 14th, 2012 in appeals, human rights, immigration, jurisdiction, law reports, tribunals by sally

R (Nirula) v First-tier Tribunal (Asylum and Immigration Chamber) [2012] EWCA Civ 1436; [2012] WLR (D) 318

“A person may not appeal against an immigration decision from within the United Kingdom in reliance on section 92(4)(a) of the Nationality, Immigration and Asylum Act 2002 unless he made a human rights claim or an asylum claim to the Secretary of State before instituting the appeal; where the claim is made for the first time in the notice of appeal, it is open to the First-tier Tribunal itself to take the jurisdictional point.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Report #7 Human Rights law – Carl Gardner on the Abu Qatada judgment – Charon QC

Posted November 14th, 2012 in appeals, deportation, human rights, news, rule of law, terrorism by sally

“Today, I talk with Carl Gardner, ex government lawyer and author of the Head of Legal blog about the SIAC Abu Qatada decision and the wider implications for our society if we do not continue to uphold the Rule of Law – no matter how inconvenient it may be for politicians.”

Podcast

Charon QC, 13th November 2012

Source: www.charonqcuklawtour.com

Internet access is a right, judges rule – Daily Telegraph

“Appeal judges have overturned an order banning a voyeur from surfing the internet, saying it is ‘entirely unreasonable’ for anyone to be denied web access in today’s Britain.”

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Daily Telegraph, 13th November 2012

Source: www.telegraph.co.uk

Secret courts plan is radical departure from open justice, says committee – The Guardian

“Secret court hearings should protect only the identity of UK intelligence officers, their sources and security material provided by foreign allies, a critical parliamentary report warns.”

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The Guardian, 13th November 2012

Source: www.guardian.co.uk

Iida v Stadt Ulm – WLR Daily

Posted November 13th, 2012 in citizenship, EC law, human rights, immigration, law reports, parental rights by sally

Iida v Stadt Ulm (Case C-40/11); [2012] WLR (D) 315

“A third-country national could only derive a right of residence from a European Union citizen in those instances provided for in Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), unless there was another connection with European Union provisions on citizenship.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Abu Qatada wins appeal against deportation – The Guardian

Posted November 12th, 2012 in appeals, deportation, human rights, news, terrorism, torture by sally

“The radical Islamist cleric Abu Qatada has won his latest legal challenge against being sent back to Jordan where he faces allegations of plotting bomb attacks.”

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The Guardian, 12th November 2012

Source: www.guardian.co.uk

Jailed for a crime you didn’t commit: Landmark case could be costly for UK – The Independent

Posted November 12th, 2012 in compensation, human rights, miscarriage of justice, news by sally

“Lorraine Allen is an unlikely crusader for justice. The 43-year-old grandmother wants the world to forget that she was wrongly accused of killing her baby and leave her to get on with life. But first she needs the authorities to accept that she was wrongly convicted and make amends. That could happen this week when Europe’s highest court for human rights hears Mrs Allen’s plea for compensation 12 years after she was wrongfully imprisoned for shaking her four-month-old son to death.”

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The Independent, 11th November 2012

Source: www.independent.co.uk

Do Human Rights Make Bad Citizens? – Lord Justice Laws

Posted November 12th, 2012 in citizenship, constitutional law, human rights, news, proportionality by sally

Do Human Rights Make Bad Citizens? (PDF)

Lord Justice Laws

Northumbria University, Inaugural Lecture 2012

Source: www.judiciary.gov.uk

Police treatment of 17-year-old suspects challenged in high court – The Guardian

Posted November 12th, 2012 in detention, human rights, news, police, young persons by sally

“The treatment of 17-year-old suspects in police stations could be transformed if a legal challenge against the Home Office succeeds in overturning detention rules.”

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The Guardian, 11th November 2012

Source: www.guardian.co.uk

Supreme Court to rule on a soldier’s right to life – The Independent

Posted November 12th, 2012 in armed forces, human rights, jurisdiction, news, Supreme Court by sally

“Whether a soldier on the battlefield has the right to life is to be debated by the highest court in the UK in a landmark case that is likely to have major ramifications for the armed forces, The Independent has learned.”

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The Independent, 10th November 2012

Source: www.independent.co.uk

Abu Qatada awaits decision on deportation to Jordan – The Guardian

Posted November 12th, 2012 in appeals, deportation, human rights, news, terrorism, torture by sally

“Terror suspect Abu Qatada will find out on Monday if he is to be deported to Jordan to face trial.”

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The Guardian, 12th November 2012

Source: www.guardian.co.uk

Government says mounting damages claims support case for secret courts – The Guardian

Posted November 12th, 2012 in closed material, damages, evidence, human rights, news, private hearings, torture by sally

“Seven fresh claims for damages involving highly sensitive national security evidence have been made in the past year, the government has revealed. Three cases have been settled confidentially.”

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The Guardian, 12th November 2012

Source: www.guardian.co.uk

JSC BTA Bank v Ablyazov – WLR Daily

Posted November 9th, 2012 in committals, contempt of court, disclosure, human rights, jurisdiction, law reports by tracey

JSC BTA Bank v Ablyazov: [2012] EWCA Civ 1411;   [2012] WLR (D)  308

“The court had jurisdiction to make an order barring a defendant, who had absconded following his committal for contempt, from defending the claims against him unless within a stated period he both surrendered to custody and made proper disclosure of all his assets and dealings with them.”

WLR Daily, 6th November 2012

Source: www.iclr.co.uk

Iraq soldier families can bring negligence but not human rights claims – UK Human Rights Blog

Posted November 9th, 2012 in armed forces, human rights, negligence, news, state immunity by tracey

“Smith & Ors v The Ministry of Defence [2012] EWCA Civ 1365

Last month, the Court of Appeal decided that the negligence claims of the families of five British soldiers killed on duty in Iraq could go ahead. It would be for the High Court to decide on the facts whether decisions made about troops’ equipment and training fell within the long-standing doctrine of ‘combat immunity’.  The appellants were however unsuccessful in arguing that the Human Rights Act 1998 (HRA) applied.

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UK Human Rights Blog, 9th November 2012

Source: www.ukhumanrightsblog.com

The Article 8 Toys Go Back in the Box – NearlyLegal

Posted November 9th, 2012 in housing, human rights, landlord & tenant, local government, news, succession by tracey

“The Court of Appeal has handed down judgement in a case that will probably come to characterise the operation of Article 8 in the daily life of the County Courts.”

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NearlyLegal, 9th November 2012

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

Upper Tribunal confirms the legitimacy of the new immigration rules – but questions their completeness – UK Human Rights Blog

Posted November 8th, 2012 in deportation, human rights, immigration, news, tribunals by sally

“Before the new immigration rules were introduced in July, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights. In immigration decisions, there was no doubt that human rights were rooted in primary legislation: s.84(1)(c) and (g) of the Nationality, Immigration and Asylum Act 2002, the ‘2002 Act’) allows an appeal to be brought against a decision which unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights. In addition to this, there is s.33(2) of the UK Borders Act 2007 which provides, as one of the statutory exceptions to the automatic deportation regime, ‘…where removal of the foreign criminal in pursuance of a deportation order would breach (a) a person’s Convention rights’.”

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UK Human Rights Blog, 8th November 2012

Source: www.ukhumanrightsblog.com

UK’s relationship with the Council of Europe soon to reach a turning point – UK Human Rights Blog

Posted November 8th, 2012 in human rights, news, prisons by sally

“In a couple of weeks’ time, the government’s relationship with the Council of Europe will reach something of a turning point.”

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UK Human Rights Blog, 7th November 2012

Source: www.ukhumanrightsblog.com