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
“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

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

Related link: Full judgment: ZH (Tanzania) (FC) v Secretary of State for the Home Department

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

Related link: Full judgment: Mirror Group News v 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

Disability benefit cuts ‘could breach human rights law’ – BBC News

Posted January 10th, 2011 in benefits, disabled persons, human rights, news by sally

“New assessment tests are planned to help the government decide where to make cuts in disability benefits.”

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BBC News, 8th January 2011

Source: www.bbc.co.uk

28,000 prisoners will have right to vote – The Guardian

Posted January 6th, 2011 in elections, human rights, news, prisons by sally

“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.”

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The Guardian, 5th January 2011

Source: www.guardian.co.uk

Max Mosley’s privacy campaign reaches Strasbourg – The Guardian

Posted January 4th, 2011 in freedom of expression, human rights, injunctions, media, news, privacy by sally

“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.”

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The Guardian, 4th January 2011

Source: www.guardian.co.uk

Britain’s anti-terror control orders condemned as ‘trademark of despots’ – The Guardian

Posted January 4th, 2011 in control orders, human rights, news, terrorism by sally

“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.”

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The Guardian, 2nd January 2011

Source: www.guardian.co.uk

Regina v Twaite – WLR Daily

Posted January 4th, 2011 in courts martial, human rights, law reports, verdicts by sally

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

Posted January 4th, 2011 in forced marriages, human rights, immigration, law reports, marriage by sally

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 [2010] EWCA Civ 1482; [2010] WLR (D) 341

“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

Posted December 21st, 2010 in elections, human rights, law reports, prisons by sally

“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.”

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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

Posted December 20th, 2010 in civil partnerships, homosexuality, human rights, marriage, news by sally

“Campaigners launch legal challenge in attempt to change legislation that prevents gay couples from getting married.”

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The Guardian, 19th December 2010

Source: www.guardian.co.uk