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

Human rights victory for BNP bus driver – UK Human Rights Blog

“The BNP has been a relentless opponent of Human Rights Act and its manifesto for the 2010 General Election made no less than three separate declarations of its intention to scrap the Act and abrogate the European Convention of Human Rights which it described charmingly as being, ‘exploited to abuse Britain’s hospitality by the world’s scroungers.'”

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UK Human Rights Blog, 6th November 2012

Source: www.ukhumanrightsblog.com

Policies or Aims, Obnoxious or Otherwise – Employment Law Blog

“The European Court of Human Rights today released its judgment in the case of Redfearn v UK, and held that the UK had failed through its domestic law adequately to protect the right of Mr Redfearn, a British National Party councillor, to freedom of association under Article 11 of the European Convention on Human Rights.”

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Employment Law Blog, 6th November 2012

Source: www.employment11kbw.com

Hearing Denis MacShane’s expenses letters in court ‘would breach his rights’ – Daily Telegraph

Posted November 7th, 2012 in expenses, fraud, human rights, news, parliamentary privilege, professional conduct by sally

“Denis MacShane’s letters admitting expenses abuses cannot be used against him in court because it would breach his rights as an MP, parliament’s standards watchdog has said.”

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Daily Telegraph, 6th November 2012

Source: www.telegraph.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

Sorting out extradition and prisoner voting – BBC Law in Action

Posted November 7th, 2012 in elections, extradition, human rights, news, prisons by sally

“Joshua Rozenberg considers how the tension between politicians’ wishes and what the law requires is likely to be resolved in two highly controversial areas of government policy: extradition and the right of prisoners to vote.”

Listen

BBC Law in Action, 6th November 2012

Source: www.bbc.co.uk

Extradition cases: Should politicians or courts decide? – BBC News

Posted November 6th, 2012 in courts, extradition, human rights, ministers' powers and duties, news by sally

“Who should decide whether a suspect should be extradited to stand trial abroad? Is extradition purely a legal matter, to be decided by the courts? Or should ministers have the discretion to block extradition in appropriate cases?”

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BBC News, 6th November 2012

Source: www.bbc.co.uk

Bus driver sacked for BNP membership wins case in Strasbourg – The Guardian

Posted November 6th, 2012 in human rights, news, political opinion discrimination, unfair dismissal by sally

“A Bradford bus diver should not have been sacked for being a member of the British National Party, the European court of human rights has ruled.”

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The Guardian, 6th November 2012

Source: www.guardian.co.uk

Domestic violence: the limits of Strasbourg’s intervention – UK Human Rights Blog

Posted November 5th, 2012 in complaints, domestic violence, human rights, news, victims by sally

“Sadly barely a month seems to go by without a report in the media about the police and the justice system failing to protect the victims of domestic violence.”

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UK Human Rights Blog, 2nd November 2012

Source: www.ukhumanrightsblog.com