“The European court of human rights is considering a challenge by the UK supreme court to its ban on hearsay evidence.”
The Guardian, 12th December 2011
Source: www.guardian.co.uk
“Trevor Phillips, the head of Britain’s equality watchdog, has attacked the ‘thoroughly bonkers’ misuse of the Human Rights Act – and warned that it must not become the ‘exclusive property of minorities’.”
Daily Telegraph, 11th December 2011
Source: www.telegraph.co.uk
“Watering down British laws ‘would send a dangerous signal to undemocratic states’, says Thomas Hammarberg.”
The Guardian, 10th December 2011
Source: www.guardian.co.uk
“Retrospective legislation often gives rise to claims under Article 1 Protocol 1 of the Convention – you may have some legal advantage (whether it be property or a legal claim) which you then find yourselves losing as a result of the change of law. I have posted on some of these, the ban of the pub fag machine, or the change in the law that meant insurers had to pay compensation for pleural plaques caused by asbestos. These A1P1 cases are not easy to win, not least because the courts are wary in thwarting legislative changes via one of the less fundamental and most qualified rights in the Convention locker.”
UK Human Rights Blog, 7th December 2011
Source: www.ukhumanrightsblog.com
Regina v Lyons [2011] EWCA Crim 2808; [2011] WLR (D) 345
“A person who, having voluntarily entered military service, sought to be discharged from further service on the ground of conscientious objection was subject to the requirements of military service and military discipline until his claim had been established. The giving of notice of appeal did not justify a refusal to obey a lawful command pending the determination of the appeal.”
WLR Daily, 1st December 2011
Source: www.iclr.co.uk
“Foreign drug-dealer and gun criminal Andre James has been allowed to stay in Britain partly because he would return to a life of crime if he was deported.”
Daily Telegraph, 26th November 2011
Source: www.telegraph.co.uk
McGowan v B [2011] UKSC 54; [2011] WLR (D) 339
“There was no rule of the European Court of Human Rights that a suspect in police custody could only waive his right of access to legal advice before and during police questioning if he had first received legal advice as to whether he should do so.”
WLR Daily, 23rd November 2011
Source: www.iclr.co.uk
“I had intended to entitle this post ‘Bratza goes ballistic’ which would, for reasons I will explain, have been unfair. However, as reported by guardian.co.uk, the new British president of the European Court of Human Rights has pushed back strongly against ‘vitriolic and – I am afraid to say, xenophobic – fury’ of the reaction to recent rulings by the UK government and press, which he says is ‘unprecedented in my experience, as someone who has been involved with the Convention system for over 40 years.'”
UK Human Rights Blog, 25th November 2011
Source: www.ukhumanrightsblog.com
“The army’s former chief legal adviser in Iraq has accused the Ministry of Defence of moral ambivalence and a cultural resistance to human rights that allowed British troops to abuse detainees and beat the Basra hotel worker Baha Mousa to death.”
The Guardian, 24th November 2011
Source: www.guardian.co.uk
“Europe’s most powerful judge has publicly complained about ‘senior members’ of the UK government fostering hostility towards the European Convention on Human Rights.”
The Guardian, 23rd November 2011
Source: www.guardian.co.uk
“Britain’s equality and human rights watchdog may intervene in a landmark case over the use of ‘do not resuscitate’ orders for patients in hospitals, care homes, and their own homes.”
The Guardian, 23rd November 2011
Source: www.guardian.co.uk
“Equality and Human Rights Commission says elderly people face unchecked ‘ageism’ from council-funded home care.”
The Guardian, 23rd November 2011
Source: www.guardian.co.uk
“Adam Wagner examines some of the responses to the consultation on a UK bill of rights.”
The Guardian, 22nd November 2011
Source: www.guardian.co.uk
“The government has agreed to pay more than £22,000 compensation to the family of Christopher Alder, who choked to death in a Hull police station in 1998.”
BBC News, 22nd November 2011
Source: www.bbc.co.uk
“Foreign criminals are having children with different mothers to use ‘human rights laws’ to avoid being deported from Britain, the Home Office has warned.”
Daily Telegraph, 19th November 2011
Source: www.telegraph.co.uk
“A rapist who had to use a bucket as a toilet at an Isle of Wight prison has claimed a breach of his human rights.”
BBC News, 17th November 2011
Source: www.bbc.co.uk
“When assessing whether a patient’s care deprives him or her of their liberty, and thereby entitles them to the procedural protections under Article 5 (4) ECHR, the right to liberty, the Court of Appeal has ruled that the appropriate comparator is an individual with the same disabilities and difficulties who is not in care. The court also provided useful general guidance for deprivation of liberty cases.”
UK Human Rights Blog, 17th November 2011
Source: http://ukhumanrightsblog.com
“UK courts are following European court of human rights rulings too strictly and should adopt a more critical approach towards Strasbourg, according to Britain’s two most senior judges.”
The Guardian, 15th November 2011
Source: www.guardian.co.uk
“… is at the core of Jonathan Sumption QC’s FA Mann lecture. His central point is not human rights as such, but our misconception of Parliament and the perceived need for judicial constraints on the action of the state.”
Uk Human Rights Blog, 15th November 2011
Source: www.ukhumanrightsblog.com
“In determining whether or not there was a deprivation of liberty, it was legitimate to have regard both the objective ‘reason’ why someone was placed and treated as they were and also the objective ‘purpose’ or ‘aim’ of the placement. For adults with disabilities, whose lives were dictated by their own cognitive and other limitations, the question whether they had been deprived of liberty fell to be determined by comparing their situation with that of an adult of similar age with the same capabilities, affected by the same condition or suffering the same inherent mental and physical disabilities and limitations.”
WLR Daily, 9th November 2011
Source: www.iclr.co.uk
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