Are some rights to private life just not cricket? – Legal Week

Posted January 10th, 2012 in human rights, immigration, judgments, news, tribunals by sally

“Given previous poor reporting of human rights cases, alarm bells began to ring when the Sunday Telegraph recently reported student Abdullah Munawar’s appeal on human rights grounds against a refusal to grant him leave to stay in the UK, citing his playing cricket as a reason he had a private life under Article 8 of the European Convention on Human Rights.”

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Legal Week, 10th January 2012

Source: www.legalweek.com

Private: Keep Out – Hardwicke Chambers

Posted January 10th, 2012 in human rights, news, repossession by sally

“Since the cases of Manchester CC v. Pinnock [2010] UKSC 45 and LB Hounslow v. Powell [2011] UKSC 8 it is clear that the County Court must have, and does have, the power to assess in every case whether the making of a possession order in respect of a person’s ‘home’ is ‘proportionate’ for the purposes of art.8 of the European Convention on Human Rights. However, this is in the context of a local authority land owner seeking an order for possession.”

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Hardwicke Chambers, 20th December 2011

Source: www.hardwicke.co.uk

Why Stephen Lawrence killers were sentenced as juveniles and under old law – UK Human Rights Blog

Posted January 5th, 2012 in human rights, murder, news, sentencing, young offenders by tracey

“There has been surprise, from the Daily Mail amongst others that Dobson and Norris, now in their mid-30s, were sentenced as juveniles. Curiously, they have also been sentenced under historic law dating back to around 1993, which means they cannot be sentenced under harsh new guidance for racially aggrevated crimes.”

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UK Human Rights Blog, 4th January 2012

Source: http://ukhumanrightsblog.com/

Smells and mosquitoes but no extra damages under the Human Rights Act – UK Human Rights Blog

Posted January 3rd, 2012 in damages, human rights, negligence, news, nuisance, water companies by tracey

“An operator carrying out activities authorised by legislation is immune from common law nuisance liability unless the claimant can prove negligence. Any damages for such a nuisance will constitute ‘sufficient just satisfaction’ for the purpose of the Human Rights Act; even if breach of a Convention right is proved, no further remedy will be available.”

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UK Human Rights Blog, 2nd January 2012

Source: www.ukhumanrightsblog.com

 

No human right to an hour’s minimum in the open air for “lifer” – Court of Appeal – UK Human Rights Blog

Posted December 21st, 2011 in appeals, human rights, misfeasance in public office, news by tracey

“The Court of Appeal has decided that a failure to provide a life sentence prisoner with a minimum of one hour in the open air each day did not constitute a breach of his human rights under Article 8 of the European Convention of Human Rights (‘ECHR’).”

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UK Human Rights Blog, 20th December 2011

Source: http://ukhumanrightsblog.com

Britain looking at filter system for Europe’s human rights court – Daily Telegraph

Posted December 21st, 2011 in human rights, international courts, news, Supreme Court by tracey

“The Justice Secretary said officials were working on a joint proposal with the Swiss that would ‘pave the way’ on what claims would be allowed to go to Strasbourg.”

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Daily Telegraph, 21st December 2011

Source: www.telegraph.co.uk

Judge says extradition from US quicker than from UK – BBC News

Posted December 20th, 2011 in evidence, extradition, human rights, news, reports, treaties by tracey

“UK-US extradition often works quicker from the US to the UK than vice versa, says the former judge who reviewed the controversial treaty. Sir Scott Baker says there is not a ’tissue paper’ between the way the treaty works in both countries. He told MPs there were human rights issues affecting the extradition of alleged hacker Gary McKinnon.”

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BBC News, 20th December 2011

Source: www.bbc.co.uk

Minister blames courts for releasing foreign criminals – Daily Telegraph

Posted December 20th, 2011 in deportation, human rights, immigration, news, recidivists by tracey

“Damian Green, the immigration minister, blamed judges after new figures revealed that nine in 10 overseas criminals who should have been sent home but are currently free in the UK. Separate figures showed the number of foreign offenders successfully removed from the UK fell by nearly a fifth last this year.”

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Daily Telegraph, 20th December 2011

Source: www.telegraph.co.uk

Prisoner loses high court challenge over slopping out – The Guardian

Posted December 19th, 2011 in human rights, news, prisons by tracey

“A serving prisoner has lost a high court challenge to the continued practice of slopping out that could have forced the government to spend millions on upgrading old jails in England and Wales. Roger Gleaves, 77, claimed that having to use a bucket as a toilet in his cell at HMP Albany, on the Isle of Wight, was so degrading it amounted to a breach of his human rights.”

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The Guardian, 19th December 2011

Source: www.guardian.co.uk

Children’s Commissioner publishes a series of recommendations to improve the Government’s human rights record on children – Children’s Commissioner

Posted December 19th, 2011 in children, human rights, reports by tracey

“Children’s Commissioner publishes a series of recommendations to improve the Government’s human rights record on children.”

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Children’s Commissioner, 18th december 2011

Source: www.childrenscommissioner.gov.uk

Pagan wins ‘family life’ human rights case – Daily Telegraph

Posted December 19th, 2011 in families, human rights, immigration, married persons, news, polygamy by tracey

“An American woman who worships Norse gods has won the right to stay in Britain because of her ‘family life’ with her boyfriend and his wife.”

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Daily Telegraph, 18th December 2011

Source: www.telegraph.co.uk

At last, Strasbourg heeds our supreme court – The Guardian

Posted December 15th, 2011 in hearsay evidence, human rights, news, Supreme Court by sally

“Today’s al-Khawaja judgment shows the European Court of Human Rights is listening to UK judgesToday’s al-Khawaja judgment shows the European Court of Human Rights is listening to UK judges.”

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The Guardian, 15th December 2011

Source: www.guardian.co.uk

European court backs British judges over hearsay evidence – The Guardian

Posted December 15th, 2011 in appeals, hearsay evidence, human rights, news, Supreme Court by sally

“Hearsay evidence can be used as the sole means of securing a criminal conviction where no other evidence is available, the European court of human rights (ECHR) has ruled.”

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The Guardian, 15th December 2011

Source: www.guardian.co.uk

Regina v S; Regina v H – WLR Daily

Posted December 15th, 2011 in accomplices, appeals, assisting offenders, human rights, law reports by sally

Regina v S; Regina v H [2011] EWCA Crim 2872; [2011] WLR (D) 363

“Section 46 of the Serious Crime Act 2007 was not incompatible with articles 6 and 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms by reason of being too vague and uncertain.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

Lord Irvine: human rights law developed on false premise – The Guardian

“British courts have been slavishly following the jurisprudence of the European court of human rights and misinterpreting the Human Rights Act (HRA), according to the architect of the legislation.”

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The Guardian, 14th December 2011

Source: www.guardian.co.uk

UK ‘must secure’ release of US detainee, judges rule – BBC News

Posted December 14th, 2011 in appeals, detention, habeas corpus, human rights, news, terrorism by sally

“The Court of Appeal has ordered the UK to secure the release of a suspected insurgent who remains held without charge by the US in Afghanistan.”

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BBC News, 14th December 2011

Source: www.bbc.co.uk

The limits of conscientious objection – The Guardian

Posted December 14th, 2011 in conscientious objection, human rights, news by sally

“Article 9 of the European convention on human rights offered no protection to a soldier who objected to the war in Afghanistan on political grounds.”

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The Guardian, 13th December 2011

Source: www.guardian.co.uk

A human right to object to war – UK Human Rights Blog

Posted December 13th, 2011 in appeals, conscientious objection, courts martial, human rights, news, war by sally

“Moral objections to the UK’s involvement in Afghanistan do not constitute a defence to an insubordination charge, the Court Martial Appeal Court has ruled. The appellant was not entitled to disobey a lawful command on the ground of conscientious objection.”

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UK Human Rights Blog, 13th December 2011

Source: www.ukhumanrightsblog.com

Fresh battle looms between European human rights court and UK – Daily Telegraph

Posted December 13th, 2011 in cross-examination, evidence, human rights, news, Supreme Court, witnesses by sally

“Prosecutors could be forced to stop using evidence from victims and witnesses who do not attend court in another human rights battle between Britain and Europe.”

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Daily Telegraph, 13th December 2011

Source: www.telegraph.co.uk

Strasbourg’s ruling on hearsay evidence could change its relationship with UK – The Guardian

Posted December 12th, 2011 in hearsay evidence, human rights, news by sally

“The European court of human rights is considering a challenge by the UK supreme court to its ban on hearsay evidence.”

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The Guardian, 12th December 2011

Source: www.guardian.co.uk