Disability benefit cuts ‘could breach human rights law’ – BBC News
“New assessment tests are planned to help the government decide where to make cuts in disability benefits.”
BBC News, 8th January 2011
Source: www.bbc.co.uk
Category: human rights
28,000 prisoners will have right to vote – The Guardian
“More than 28,000 prisoners are to win the right to vote, new figures showed yesterday, as David Cameron faces a growing revolt from the Tory right against the lifting of the 140-year-old ban on inmates voting in British elections.”
The Guardian, 5th January 2011
Source: www.guardian.co.uk
Max Mosley’s privacy campaign reaches Strasbourg – The Guardian
“Max Mosley, the former president of motorsport’s governing body the FIA and winner of a famous privacy victory over the News of the World, goes to the European court of human rights next week to seek a major restraint on press freedom.”
The Guardian, 4th January 2011
Source: www.guardian.co.uk
Britain’s anti-terror control orders condemned as ‘trademark of despots’ – The Guardian
“A powerful coalition of human rights groups has intensified pressure on the government to abandon its use of control orders, as ministers continue to wrangle over whether to scrap the controversial counter-terrorism measure.”
The Guardian, 2nd January 2011
Source: www.guardian.co.uk
Regina v Twaite – WLR Daily
Regina v Twaite [2010] EWCA Crim 2973; [2010] WLR (D) 342
“Majority verdicts at a hearing before a Courts Martial were not, as a matter of principle, on that account alone to be regarded as blemished by unfairness or uncertainty or lack of safety.”
WLR Daily, 22nd December 2010
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.
R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department – WLR Daily
“R 277 of the Statement of Changes in Immigration Rules, which prevented entry clearance to a party to a marriage where one spouse was a United Kingdom citizen and either party was aged under 21 years, was a disproportionate inhibition on family and private life and on the right to marry, guaranteed by arts 8 and 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 22nd December 2010
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.
R (Chester) v Secretary of State for Justice and another – WLR Daily
“Removing the blanket ban on prisoners’ voting in elections, which was required by decisions of the European Court of Human Rights to comply with the Convention for the Protection of Human Rights and Fundamental Freedoms, involved a controversial area of social policy. It was for the Government to decide on the appropriate amending legislation to be enacted to comply with the law. The judiciary ought not to construe existing statutes so as to confer on the courts the function of deciding whether any given prisoner should lose his vote.”
WLR Daily, 20th December 2010
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.
European court urged to end UK marriage ‘apartheid’ – The Guardian
“Campaigners launch legal challenge in attempt to change legislation that prevents gay couples from getting married.”
The Guardian, 19th December 2010
Source: www.guardian.co.uk
Principal Reporter v K and others – WLR Daily
Principal Reporter v K and others [2010] UKSC 56; [2010] WLR (D) 332
“Positive procedural obligations inherent in the right to respect for family life required sufficient safeguards to be put in place so that a parent or other person whose family life with the child was at risk in the proceedings was given a proper opportunity to participate in the decision-making process.”
WLR Daily, 16th December 2010
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.
Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs – WLR Daily
“There were perceptible and sound policy reasons why the defence of ex turpi causa non oritur actio did not form part of the Strasbourg jurisprudence, save when the matter came to just satisfaction. To introduce it into a claim under the Human Rights Act 1998 would be to create a barrier which citizens of other member states did not face.”
WLR Daily, 16th December 2010
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.
Tuition fees rise ‘contravenes human rights law’ – The Guardian
“Allowing universities to charge students up to £9,000 a year is contrary to human rights law, according to a legal opinion published today.”
The Guardian, 16th December 2010
Source: www.guardian.co.uk
Student fees protest: lawyers launch legal challenge to kettling – The Guardian
“Lawyers have launched a legal challenge to the police tactic of kettling during recent student demonstrations, claiming a breach of human rights.”
The Guardian, 14th December 2010
Source: www.guardian.co.uk
Regina v Webster – WLR Daily
Regina v Webster [2010] EWCA Crim 2819; [2010] WLR (D) 216
“The reverse onus of proof which s 2 of the Prevention of Corruption Act 1916 effected on a prosecution for an offence contrary to s 1(2) of the Public Bodies Corrupt Practices Act 1889, placing on the defendant the legal burden of disproving guilt was no longer necessary and the means of imposition were unreasonable and disproportionate, and so it unjustifiably interfered with the presumption of innocence provided by art 6(2) of he Convention for the Protection of Human Rights and Fundamental Freedoms. It should therefore be read down pursuant to s 3 of the Human Rights Act 1998 so as to impose a merely evidential burden on the defendant.”
WLR Daily, 6th December 2010
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.
Footballer extends gagging order – Daily Telegraph
“A Premier League footballer who risked being unmasked by a High Court judge over details concerning his private life has lodged an eleventh hour appeal preventing himself from being identified.”
Daily Telegraph, 24th November 2010
Source: www.telegraph.co.uk
European convention on human rights is part of Britain’s DNA – The Guardian
“The convention is as important now as at its inception 60 years ago. Human rights will not be downgraded under the coalition.”
The Guardian, 21st November 2010
Source: www.guardian.co.uk
Give prisoners the vote in six months or face severe penalties, UK warned – The Guardian
“The UK must introduce laws allowing prisoners to vote within six months or face severe legal and financial penalties, the European court of human rights has warned.”
The Guardian, 23rd November 2010
Source: www.guardian.co.uk
Kenneth Clarke reaffirms commitment to rights and freedoms – Mnistry of Justice
“Justice Secretary Kenneth Clarke has reaffirmed the Government’s commitment to rights and freedoms in the UK and to the European Convention on Human Rights.”
Ministry of Justice, 18th November 2010
Source: www.justice.gov.uk
Donald v Ntuli – WLR Daily
Donald v Ntuli [2010] EWCA Civ 1276; [2010] WLR (D) 291
“Whether, in view of the principle of open justice, it was necessary for a court to restrain publication of the existence of proceedings and the anonymity of the parties, depended on the facts of the particular case. Restrictions should be the least that could be imposed, consistent with the protection of a party’s right to respect for that party’s private and family life, and whether the continued anonymity was justified by the fact that there might be a significant risk of serious consequences to that right which might not be remediable.”
WLR Daily, 17th November 2010
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.
Partner of Rachel Nickell to take Met to European court – The Independent
“The partner of murdered Rachel Nickell today said he would take his compensation claim against the Metropolitan Police to the European Court of Human Rights.”
The Independent, 16th November 2010
Source: www.independent.co.uk
Watkins v Woolas – WLR Daily
Watkins v Woolas [2010] EWHC 2702 (QB); [2010] WLR (D) 288
“S 106 of the Representation of the People Act 1983, which imposed the penalties for an election candidate found guilty of a corrupt or illegal practice, was compatible with the right to freedom of expression contained in art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The interference with the right to freedom of expression by s 106 and the penalties imposed for breach of that section were proportionate to the legitimate aim of the section.”
WLR Daily, 12th November 2010
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.
