Krolik and others v Polish Judicial Authorities – WLR Daily

Posted August 28th, 2012 in appeals, evidence, extradition, human rights, law reports, prisons by tracey

Krolik and others v Polish Judicial Authorities: [2012] EWHC 2357 (Admin);   [2012] WLR (D)  254

“In the light of the presumption that Poland, as a member state of the Council of Europe, was able and willing to fulfil its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms, in the absence of clear, cogent and compelling evidence to the contrary, a strict approach would in future be adopted in deciding appeals against orders for extradition to Poland under European arrest warrants where the sole issue was whether extradition would constitute a breach of article 3 of the Convention by reason of prison conditions in that state.”

WLR Daily, 17th August 2012

Source: www.iclr.co.uk

Equality, human rights and religion or belief: time to get out of the courtroom? – UK Human Rights Blog

“The interaction between the law and religion or belief is rarely out of the headlines. Debate rages about whether Article 9, the human right to freedom of thought, conscience and religion, receives sufficient – or too much – protection in the courts. There has been a considerable amount of litigation, much of it contentious.”

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UK Human Rights Blog, 24th August 2012

Source: www.ukhumanrightsblog.com

Is compulsory regulation of the print media compatible with Article 10 ECHR? – UK Human Rights Blog

Posted August 23rd, 2012 in freedom of expression, human rights, media, news by sally

“One of the possibilities being considered by Lord Justice Leveson as he writes the Report for Part 1 of his Inquiry is whether there should be compulsory regulation of the print media. One, widely discussed possibility is a statutory framework which would require any publisher with turnover or readership above a set threshold to join a ‘regulatory body’: compulsory regulation for large publishers.”

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UK Human Rights Blog, 22nd August 2012

Source: www.ukhumanrightsblog.com

“No precedent? Then set one!” – Nicklinson right to die case – UK Human Rights Blog

Posted August 21st, 2012 in assisted suicide, defences, euthanasia, human rights, murder, news, precedent by sally

“This is Richard Dawkin’s battle cry in response to the recent High Court rejection of the challenge by locked-in sufferers to the murder and manslaughter laws in this country that have condemned them to an unknowable future of suffering.”

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UK Human Rights Blog, 20th August 2012

Source: www.ukhumanrightsblog.com

Regina (Nicklinson) v Ministry of Justice (Attorney General and another intervening); Regina (AM) v Director of Public Prosecutions and others (Same intervening) – WLR Daily

Posted August 20th, 2012 in assisted suicide, EC law, euthanasia, human rights, law reports, murder, necessity by sally

Regina (Nicklinson) v Ministry of Justice (Attorney General and another intervening); Regina (AM) v Director of Public Prosecutions and others (Same intervening) [2012] EWHC 2381 (Admin); [2012] WLR (D) 248

“The court should not depart from the long established position that voluntary euthanasia was murder unless article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms required that it be recognised as a possible defence to a murder charge under the doctrine of necessity, which was not the case.”

WLR Daily, 16th August 2012

Source: www.iclr.co.uk

A tinge of green in our Bill of Rights? – UK Human Rights Blog

Posted August 20th, 2012 in EC law, environmental health, environmental protection, human rights, news by sally

“Amidst the root and branch opposition to socio-economic rights from some quarters, the idea that the Bill of Rights might contain an environmental right seems to have got lost in the smoke of this rather unedifying battle. The July 2012 Consultation on a Bill of Rights summarises the rival contentions well.”

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UK Human Rights Blog, 17th August 2012

Source: www.ukhumanrightsblog.com

“Locked-in” sufferer’s challenge to ban on voluntary euthanasia fails in the high court – UK Human Rights Blog

Posted August 16th, 2012 in assisted suicide, doctors, euthanasia, human rights, immunity, news by sally

“Lord Justice Toulson, sitting with Mrs Justice Royce and Mrs Justice Macur, has handed down judgment in the case of Tony Nicklinson and that of another ‘locked-in’ syndrome sufferer, ‘Martin’. On all the issues, they have deferred to parliament to take the necessary steps to address the problems created by the current law of murder and assisted suicide.”

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UK Human Rights Blog, 16th August 2012

Source: www.ukhumanrightsblog.com

Should we be using ‘special’ offences to prosecute crimes against disabled people? – UK Human Rights Blog

“Eleven Winterbourne View staff have pleaded guilty to 38 charges of ill-treatment and neglect of a mental health patient under s127 Mental Health Act 1983 (MHA). In this post I want to consider why we need ‘special’ offences like s127 MHA and also s44 Mental Capacity Act 2005 (MCA), rather than prosecuting crimes in care settings using more ‘mainstream’ offences.”

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UK Human Rights Blog, 14th August 2012

Source: www.ukhumanrightsblog.com

Torture claims handling at Dover immigration removal centre criticised – The Independent

Posted August 15th, 2012 in detention, human rights, immigration, news, torture by sally

“Officials at an immigration removal centre were too dismissive of reports from detainees claiming to be victims of torture, inspectors said today.”

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The Independent, 15th August 2012

Source: www.independent.co.uk

The triple Olympic detainee – UK Human Rights Blog

Posted August 13th, 2012 in appeals, asylum, deportation, detention, human rights, news by sally

“Along with many others, today I find myself emerging from an Olympic haze. And alongside that morning-after blur comes a nagging feeling that it is time to get back to blogging. Why not start with a man who has watched the last three Olympic Games during what the High Court describes as an ‘enormously lengthy’ period of detention without charge, and whose last bail application was refused as it would be too difficult to keep track of him during the 2012 Olympics?”

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UK Human Rights Blog, 13th August 2012

Source: www.ukhumanrightsblog.com

‘Kill list’ legal challenge brought by man who lost five relatives in missile strike – Daily Telegraph

Posted August 10th, 2012 in Afghanistan, armed forces, human rights, international law, news by tracey

“Britain’s alleged role in supplying information used by the US military to establish ‘kill lists’ in Afghanistan has been made the subject of a legal challenge.”

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Daily Telegraph, 10th August 2012

Source: www.telegraph.co.uk

Local Government Law Update – 11 KBW

Posted August 7th, 2012 in homelessness, human rights, local government, news, repossession by sally

Local Government Law Update: 31 July (PDF)

11 KBW, July 2012

Source: www.11kbw.com

Court of Protection Update – Thirty Nine Essex Street

Court of Protection Update (PDF)

Thirty Nine Essex Street, August 2012

Source: www.39essex.com

Nottingham riots: Perry Atherton prepares human rights case – BBC News

Posted August 7th, 2012 in appeals, human rights, news, violent disorder by sally

“A man who was jailed following rioting in Nottingham last year is planning to challenge his conviction in the European Court of Human Rights.”

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BBC News, 6th August 2012

Source: www.bbc.co.uk

Judge: Government broke benefits law – The Independent

Posted August 7th, 2012 in appeals, benefits, human rights, illegality, news by sally

“The Government broke the law when it stripped an unemployed man of his benefits for six months after he refused to participate in an unpaid back-to-work scheme, the High Court has ruled.”

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The Independent, 7th August 2012

Source: www.independent.co.uk

Unpaid work schemes ruled lawful as high court rejects Poundland case – The Guardian

“Government back-to-work schemes criticised as ‘forced labour’ were ruled lawful by the high court on Monday.”

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The Guardian, 6th August

Source: www.guardian.co.uk

Northern Rock compensation claim rejected – The Guardian

Posted August 2nd, 2012 in banking, compensation, human rights, nationalisation, news, shareholders by sally

“Investors who held in shares in Northern Rock before it was nationalised by Labour in February 2008 have reacted angrily to a long awaited decision by the European court of human rights to dismiss their argument that they should be granted compensation by the UK government.”

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The Guardian, 1st August 2012

Source: www.guardian.co.uk

Pay-out for ex-postal worker over race discrimination – The Independent

“A former postal worker has been awarded undisclosed compensation after an employment tribunal ruled he had faced discrimination.”

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The Independent, 31st July 2012

Source: www.independent.co.uk

Abu Qatada bid for release fails – The Guardian

Posted August 1st, 2012 in bail, deportation, extradition, human rights, news, terrorism by sally

“Two high court judges have dismissed a fresh attempt by the radical Islamist preacher Abu Qatada to be released from a maximum-security prison on bail pending his deportation back to Jordan.”

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The Guardian, 31st July 2012

Source: www.guardian.co.uk

Human Rights When Seeking Possession and Sale of a Bankrupt’s Home: Anything to Fear? – Hardwicke Chambers

Posted July 31st, 2012 in bankruptcy, human rights, insolvency, news, repossession by sally

“For many insolvency practitioners (in the wider sense), the European Convention on Human Rights (‘ECHR’) and the Human Rights Act 1998 (‘HRA’) are pieces of legislation having little impact upon day to day insolvency practice.”

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Hardwicke Chambers, 27th July 2012

Source: www.hardwicke.co.uk