human rights – Page 182 – Current Awareness

In re St Andrew’s Churchyard, Alwalton – WLR Daily

Posted February 11th, 2011 in burials and cremation, faculties, human rights, law reports by sally

In re St Andrew’s Churchyard, Alwalton [2011] WLR (D) 43

“A petition for the exhumation of remains buried in consecrated land brought on the basis of an objection to enforcement of the churchyard regulations would not be granted where the petitioner had failed to establish special circumstances justifying an exception from the norm that Christian burial was final.”

WLR Daily, 10th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Attorney general: UK would be in breach of law if it defied European court rulings – The Guardian

Posted February 10th, 2011 in attorney general, courts, human rights, news, rule of law by sally

“Britain would be acting ‘tyranically’ and in breach of the rule of law if it defied rulings from the European court of human rights, the attorney general, Dominic Grieve, has said.”

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The Guardian, 10th February 2011

Source: www.guardian.co.uk

Withdrawal from the European court of human rights is not a legal problem – The Guardian

Posted February 10th, 2011 in courts, human rights, jurisdiction, news by sally

“Bringing Rights Back Home is the latest policy document to address the tension between judges and politicians over public policy with human rights implications.”

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The Guardian, 9th February 2011

Source: www.guardian.co.uk

Prisoners’ right to vote: Q&A – The Guardian

Posted February 10th, 2011 in elections, human rights, news, parliament, prisons by sally

“MPs are set to debate on a motion calling for Britain to defy the European court of human rights over giving prisoners the right to vote on Thursday.”

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The Guardian, 10th February 2011

Source: www.guardian.co.uk

Protecting Human Rights In An Age Of Insecurity – Speech by Lord Neuberger of Abbotsbury

Posted February 9th, 2011 in human rights, speeches by sally

Protecting Human Rights In An Age Of Insecurity (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Commonwealth Law Conference, 7th February 2011

Source: www.judiciary.gov.uk

Widow appeals to church court claiming dead husband’s human rights have been breached – Daily Telegraph

Posted February 7th, 2011 in burials and cremation, human rights, news by sally

“A widow who found that the tributes she left on her husband’s grave were being moved took the case to the church court on the grounds that the dead man’s human rights were being breached.”

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Daily Telegraph, 7th February 2011

Source: www.telegraph.co.uk

UK ‘should cut links to European Court of Human Rights’ – BBC News

Posted February 7th, 2011 in human rights, news by sally

“The government should cut its ties with the ‘expansionist’ European Court of Human Rights, says a report by a right-leaning think tank.”

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BBC News, 7th February 2011

Source: www.bbc.co.uk

UK ‘made safe haven’ by human rights rulings – The Independent

Posted February 4th, 2011 in deportation, human rights, news, terrorism by sally

“Human rights rulings make the UK a ‘safe haven’ for suspected foreign terrorists, the independent reviewer of anti-terror laws said today.”

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The Independent, 3rd February 2011

Source: www.independent.co.uk

Politicians warned over prisoner voting rights – The Guardian

Posted February 4th, 2011 in elections, human rights, news, prisons by sally

“Europe’s human rights watchdog has warned British politicians that if they continue to exclude prisoners from the right to vote they risk undermining a crucial element of democracy.”

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The Guardian, 4th February 2011

Source: www.guardian.co.uk

ZH (Tanzania) v Secretary of State for the Home Department – WLR Daily

Posted February 3rd, 2011 in asylum, children, deportation, human rights, immigration, law reports by sally

Regina (ZH Tanzania) v Secretary of State for the Home Department [2011] UKSC 4; [2011] WLR (D) 32

“The need to safeguard and promote the welfare of children who were in the United Kingdom was a primary consideration when immigration authorities were making a decision as to the deportation of a parent whose application for asylum in the United Kingdom had been refused. Once the children’s best interests had been identified, the authorities were then required to assess whether those interests were outweighed by any other considerations such as the need to maintain a proper and efficient system of immigration control. When the children had British citizenship that was of particular importance in assessing their best interests.”

WLR Daily, 2nd February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

JIH v News Group Newspapers Ltd – WLR Daily

Posted February 2nd, 2011 in anonymity, freedom of expression, human rights, law reports, public interest, reporting restrictions by sally

JIH v News Group Newspapers Ltd [2011] EWCA Civ 42; [2011] WLR (D) 27

“Where a claimant applied for an injunction restraining publication of private information and sought reporting restrictions, in balancing the rights of the individual to confidentiality against the public interest in freedom of expression, generally the court would either direct that the claimant’s name be anonymised but disclosure of the nature of the information was permitted, or direct that the claimant could be named but the nature of the information was not to be identified.”

WLR Daily, 1st February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Landmark human rights ruling allows asylum mother to remain in UK – The Guardian

Posted February 2nd, 2011 in asylum, children, human rights, news by sally

“Immigration authorities will have to listen to the views of children whose parents are facing deportation, the supreme court has said, in a landmark human rights ruling on the rights of children born to illegal immigrants.”

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The Guardian, 1st February 2011

Source: www.guardian.co.uk

Innocent DNA retention to be challenged – Daily Telegraph

Posted January 31st, 2011 in criminal records, DNA, human rights, news, police by sally

“Police chiefs could be forced to clear the DNA database of innocent people ahead of any change in the law under a legal challenge that begins today.”

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Daily Telegraph, 31st January 2011

Source: www.telegraph.co.uk

Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) – WLR Daily

Posted January 28th, 2011 in appeals, human rights, law reports, licensed premises, licensing, magistrates by sally

Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) [2011] EWCA Civ 31; [2011] WLR (D) 20

“Although an appeal to a magistrates’ court from the decision of a local authority’s licensing committee was a full rehearing on all the evidence the committee’s decision was a relevant matter to be taken into consideration and should only be reversed if the judge was satisfied that the original decision was wrong.”

WLR Daily, 27th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Gay couple’s hotel battle is latest case of religion clashing with human rights – The Guardian

Posted January 24th, 2011 in Christianity, human rights, news, sexual orientation discrimination by sally

“Stephen Preddy and Martyn Hall’s legal victory against a Christian hotel that refused them a double room is part of a growing trend of cases that pit faith against discrimination.”

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The Guardian, 23rd January 2011

Source: www.guardian.co.uk

Far fewer prisoners will now get the right to vote – The Guardian

Posted January 20th, 2011 in elections, human rights, news, prisons by sally

“Faced by a backbench rebellion, the government is to slash the number of prisoners to be given the right to vote, even though it is likely to increase the risk of successful compensation claims against the government in court.”

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The Guardian, 20th January 2011

Source: www.guardian.co.uk

European court deals blow to no win, no fee deals in Naomi Campbell case – The Guardian

Posted January 19th, 2011 in defamation, fees, human rights, news, privacy by sally

“The European court of human rights today (18 January) unanimously ruled that the recovery of success fees by lawyers in privacy and defamation cases represents a significant violation of freedom of expression, in a case brought by the publisher of the Daily Mirror.”

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The Guardian, 18th January 2011

Source: www.guardian.co.uk

Desmond v Chief Constable of Nottinghamshire Police – WLR Daily

Posted January 14th, 2011 in confidentiality, criminal records, duty of care, human rights, law reports, police by sally

Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3; [2011] WLR (D) 1

“In considering whether the chief officer’s statutory obligation under s 115(7) of the Police Act 1997 to provide information to the Criminal Records Bureau on a request for an Enhanced Criminal Record Certificate (ECRC) had been carried out in a manner which, exceptionally where the relationship between claimant and defendant arose in a statutory context, gave rise to a breach of the common law duty of care towards the claimant, an important factor was the existence of other remedies such as a claim under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 13th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Max Mosley’s privacy claim reaches the European court of human rights – The Guardian

Posted January 11th, 2011 in freedom of expression, human rights, injunctions, media, news, privacy by sally

“Max Mosley will appear in court today in a final attempt to change the law on privacy, in a case that could have far-reaching implications for the UK’s media.”

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The Guardian, 11th January 2011

Source: www.guardian.co.uk