Category: human rights

R (Al-Saadoon and another ) v Secretary of State for Defence; [2009] WLR (D) 17

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

R (Al-Saadoon and another ) v Secretary of State for Defence – WLR Daily

Posted January 26th, 2009 in detention, human rights, Iraq, jurisdiction, law reports by sally

“Iraqi detainees held in a UK internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the United Kingdom for the purposes of art 1 of the European Convention on Human Rights.”

WLR Daily, 23rd January 2009

Regina (Wright and Others) v Secretary of State for Health and Another

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

Regina (Wright and Others) v Secretary of State for Health and Another – Times Law Reports

Posted January 23rd, 2009 in care workers, human rights, law reports by sally

House of Lords

“The procedure of effectively banning care workers from working with vulnerable people, without giving them an opportunity to answer any allegations of unsuitability, was incompatible with the right to a fair hearing under article 6 of the European Convention on Human Rights.”

The Times, 23rd January 2009

Source: www.timesonline.co,uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same – WLR Daily

Posted January 20th, 2009 in human rights, immigration, law reports by sally

VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same [2009] EWCA Civ 5; [2009] WLR (D) 7

“If removal from, or refusal of admission to, the United Kingdom pursuant to lawful immigration controls were to be held a disproportionate interference with private or family life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms it would be necessary to show more than mere hardship, mere difficulty or mere obstacle: there was a seriousness test which required obstacles or difficulties to go beyond matters of choice or inconvenience.”

WLR Daily, 16th January 2009

Salsbury v The Law Society

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

Salsbury v The Law Society – Times Law Reports

Posted January 15th, 2009 in disciplinary procedures, human rights, news, solicitors, tribunals by sally

Court of Appeal

“Absent any error of law, the High Court had to pay considerable respect to the decision of an expert and informed domestic tribunal.”

The Times, 15th January 2009

Burns v HM Advocate [2008] UKPC 63; [2008] WLR (D) 392

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Burns v HM Advocate – WLR Daily

Posted December 18th, 2008 in criminal procedure, delay, human rights, law reports, Scotland by sally

“Where a defendant, who was resident in Scotland, was interviewed in England by police officers who told him that there was sufficient evidence on which to charge him with offences relating to child pornography and that they would recommend such a course, the reasonable time requirement to which he was entitled under art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, was to be calculated from the date of that interview and not from the later date on which the Lord Advocate, as the competent authority in Scotland, required the defendant to answer charges on which he was indicted to stand trial in Scotland.”

WLR Daily, 17th December 2008

Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74; [2008] WLR (D) 386

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

Savage v South Essex Partnership NHS Foundation Trust – WLR Daily

Posted December 16th, 2008 in hospitals, human rights, law reports, mental health, suicide by sally

“Where there was a real and immediate risk of a patient detained in a mental hospital committing suicide, art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, imposed an operational obligation on the medical authorities to do all that could reasonably be expected of them to prevent him doing so.”

WLR Daily, 15th December 2008

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

Ruling frees asylum seekers to work – The Observer

Posted December 15th, 2008 in asylum, employment, human rights, news by sally

“A landmark legal ruling has paved the way for thousands of asylum seekers in the UK to be allowed to work. The High Court has ruled that current laws preventing an Eritrean asylum seeker from taking a job are incompatible with the European Convention on Human Rights.”

Regina (Wellington) v Secretary of State for the Home Department

The Observer, 14th December 2008

Source: http://observer.guardian.co.uk/

Regina (Wellington) v Secretary of State for the Home Department – Times Law Reports

Posted December 12th, 2008 in extradition, human rights, law reports by sally

House of Lords

“A mandatory sentence of life imprisonment without eligibility for parole which would be imposed on a prisoner convicted of two offences of murder in the first degree did not amount to inhuman or degrading punishment so as to justify a refusal to extradite him to stand trial in the United States of America.”

The Times, 12th December 2008

R (Wellington) v Secretary of State for the Home Department [2008] UKHL 72; [2008] WLR (D) 380

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Wellington) v Secretary of State for the Home Department – WLR Daily

Posted December 11th, 2008 in extradition, human rights, law reports, murder by sally

“A mandatory sentence of life imprisonment without eligibility for parole imposed for two offences of murder in the first degree did not amount to inhuman or degrading punishment so that the Secretary of State had not acted unlawfully in ordering the extradition of an applicant to stand trial in the United States of America.”

WLR Daily, 10th December 2008

Savage v South Essex Partnership NHS Foundation Trust

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

Savage v South Essex Partnership NHS Foundation Trust – Times Law Reports

Posted December 11th, 2008 in hospitals, human rights, law reports, mental health, suicide by sally

House of Lords

“The right to life protected by article 2 of the European Convention on Human Rights imposed an operational obligation on medical authorities to do all that could reasonably be expected of them to prevent a patient detained in a mental hospital who was known to be at a real and immediate risk of committing suicide from doing so.”

The Times, 11th December 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Brown adviser: Labour’s rights record dismal – The Guardian

Posted December 11th, 2008 in human rights, news by sally

“One of the eminent outsiders brought into Gordon Brown’s ‘government of all the talents’ has revealed that he quit in disgust at what he describes as Labour’s ‘dismal’ lack of political leadership on human rights.”

The Guardian, 11th December 2008

Source: www.guardian.co.uk

Daughter wins legal battle over mother’s suicide – The Independent

Posted December 10th, 2008 in hospitals, human rights, mental health, negligence, news, suicide by sally

“The daughter of a mentally-ill woman who walked out of a hospital and threw herself under a train has won the final round of her battle for the right to sue the local health trust for damages. ”

The Independent, 10th December 2008

Source: www.independent.co.uk

A new year overhaul for the Human Rights Act – The Times

Posted December 10th, 2008 in human rights, news by sally

“It was a linchpin of Labour’s first term. But Jack Straw – and David Cameron – now agree the legislation is not fit for purpose.”

The Times, 9th December 2008

More than 180,000 asylum seekers set to stay because of human rights – Daily Telegraph

Posted December 10th, 2008 in asylum, human rights, news by sally

“At least 180,000 asylum seekers are set to be allowed to stay in Britain because of their human rights thanks to the Government’s backlog fiasco.”

Daily Telegraph, 10th December 2008

Source: www.telegraph.co.uk

Labour MP Diane Abbott wins human rights award – The Times

Posted December 9th, 2008 in human rights, news by sally

“Diane Abbott, the Labour MP, was awarded a special prize last night for her ’42 days’ speech at the Human Rights Awards 2008 presented by Liberty, Justice and the Law Society.”

The Times, 9th December 2008

Comment is Free: Taking liberties with the law – The Guardian

Posted December 9th, 2008 in human rights, special report by sally

“Hold the front page. The Lord High Chancellor doesn’t like our Human Rights Act and feels ‘frustrated’ by those pesky lawyers and judges who sometimes stand in his way. The Right Honourable Former Foreign Secretary of the War on Terror would like to send foreigners to places of torture. After all if it was good enough for his chums in the outgoing Bush administration.”

S and Marper v United Kingdom (Application Nos 30562/04 and 30566/04)

The Guardian, 8th December 2008

Source: www.guardian.co.uk

S and Marper v United Kingdom (Application Nos 30562/04 and 30566/04) – Times Law Reports

Posted December 8th, 2008 in data protection, DNA, human rights, law reports by sally

European Court of Human Rights

“The blanket and indiscriminate nature of the powers of retention of fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offences failed to strike a fair balance between the competing public and private interests.”

The Times, 8th December 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Jack Straw says human rights culture must be shaken up – Daily Telegraph

Posted December 8th, 2008 in human rights, news by sally

“Jack Straw, the Justice Secretary, has insisted that the Government still wants to press ahead with a new Bill of Rights and Responsibilities to rebalance the country’s human rights culture.”

Daily Telegraph, 8th December 2008

Source: www.telegraph.co.uk

Police are ordered to destroy all DNA samples taken from innocent people – The Times

Posted December 5th, 2008 in data protection, DNA, human rights, news, police by sally

“More than 1.6 million DNA and fingerprint samples of innocent people on police databases must be destroyed after a court ruled yesterday that keeping them breaches human rights.”

The Times, 5th December 2008