Lifely v Lifely [2008] EWCA Civ 904; [2008] WLR (D) 280
“Where fresh evidence had arguably been wrongfully obtained considerations beyond the classical requirements under the Ladd v Marshall test might be appropriate when the court was considering whether such evidence should be admitted.”
WLR Daily, 1st August 2008
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.
“The statutory scheme requiring the Secretary of State’s permission for marriage by people who were subject to immigration control or were illegal entrants was disproportionate and infringed the right to marry protected by art 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms, scheduled to the Human Rights Act 1998.”
WLR Daily, 31st July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR sereis the corresponding WLR Daily summary is removed.
Mason v Ministry of Justice [2008] EWHC 1787 (QB); [2008] WLR (D) 265
“The discretion to release a prisoner on home detention curfew could lawfully be exercised by the executive. An individual’s right under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms, to take proceedings by which the lawfulness of his detention could be decided, was adequately protected by the possibility of review of decisions of the executive on general public law principles.”
WLR Daily, 30th July 2008
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.
“Police were today cleared of liability for the death of a court witness who was murdered days before he was due to give evidence.”
The Independent, 30th July 2008
Source: www.independent.co.uk
“Law Lords are expected to rule later on whether a police force breached the human rights of a witness who was murdered before he could give evidence.”
BBC News, 30th July 2008
Source: www.bbc.co.uk
NA v United Kingdom (Application No. 25904/07)
European Court of Human Rights
” The level of risk of ill-treatment in returning failed asylum-seekers to Sri Lanka was indicated by the fact that since 2007 the European Court of Human Rights has granted interim measures preventing the return of 342 Tamil applicants from the United Kingdom.”
The Times, 28th July 2008
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.
“In a rare interview, Lord Bingham gives forthright opinions on human rights legislation, tackling crime, the role and power of judges and access to justice.”
BBC Law in Action, 15th July 2008
Source: www.bbc.co.uk
Liberty and Others v United Kingdom
European Court of Human Rights
“Complaints by civil liberty organisations about secret interception by the Ministry of Defence of their external communications were not dealt with adequately under the Interception of Communications Act 1985 which had not been formulated with sufficient clarity to give individuals protection.”
The Times, 11th july 2008
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.
“Human rights and freedom of information legislation should be extended to cover charities and social enterprises that deliver public services, such as care homes, a report said today.”
The Guardian, 9th July 2008
Source: www.guardian.co.uk
R (Gilboy) v Liverpool City Council [2008] EWCA Civ 751; [2008] WLR (D) 224
“The internal review procedure for reconsideration by a local housing authority of a decision to terminate a demoted tenancy complied with article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 7th July 2008
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.
Beoku-Betts v Secretary of State for the Home Department
House of Lords
“An adjudicator determining an alleged breach of an immigrant’s right to respect for his family life under article 8 of the European Convention on Human Rights was required to take account of the whole family and if removal would be disproportionate, all affected family members were victims.”
The Times, 8th July 2008
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.
Beoku-Betts v Secretary of State for the Home Department [2008] UKHL 39; [2008] WLR (D) 209
“S 65 of the Immigration and Asylum Act 1999 required an adjudicator, in determining an alleged breach of a claimant’s right to respect for his family life under art 8 of the European Convention, as scheduled to the Human Rights Act 1998, to take account of the family unit as a whole, and if, overall, removal would be a disproportionate interference, all affected family members were to be included as victims.”
WLR Daily, 26th June 2008
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.
Chikwamba v Secretary of State for the Home Department [2008] UKHL 40; [2008] WLR (D) 202
“An appeal based on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms against refusal of asylum and leave to enter should not be routinely dismissed on the ground that it would be proportionate and more appropriate for the applicant to return to her home country to apply for leave to enter.”
WLR Daily, 25th June 2008
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.
Chikwamba v Secretary of State for the Home Department
House of Lords
“An appeal based on the right to family life against a refusal of asylum and leave to enter should not be dismissed routinely because policy required the appellant to leave the country to apply for entry clearance abroad.”
The Times, 26th June 2008
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.
“Does one betray or does one defend Western values by allowing those committed to destroying them to be exposed to practices that are anti-Western?”
The Times, 26th June 2008
Source: www.timesonline.co.uk
In re P (Adoption: Unmarried couple)
House of Lords
“Regulations governing the adoption of children in Northern Ireland which prevented the consideration of an unmarried couple as potential adoptive parents were in breach of the couple’s rights to a family life, under article 8 of the European Convention on Human Rights and article 14, prohibiting discrimination.”
The Times, 23rd June 2008
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.
“It was not incompatible with a child’s rights under arts 6 and 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms to convict him of the offence of ‘rape of a child under 13’, pursuant to s 5 of the Sexual Offences Act 2003, in circumstances where the agreed basis of his plea of guilty established that his offence could fall within the ambit of s 13, covering child sex offences committed by a person under 18.”
WLR Daily, 19th June 2008
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.
In re P (Adoption: Unmarried couple) [2008] UKHL 38; [2008] WLR (D) 198
“Arts 14 and 15 of the Adoption (Northern Ireland) Order 1987, which prevented an unmarried couple from being considered as potential adoptive parents, were incompatible with the couple’s rights under articles 8 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”
WLR Daily, 19th June 2008
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.
“The provisions in the Reform (Sark) Law, 2008 for the retention of the Seigneur and Seneschal as unelected members of Chief Pleas did not breach art 3 of the First Protocol to the European Convention on Human Rights; the prohibition on aliens standing for election to Chief Pleas did not infringe art 3 of the First Protocol, or art 14 of the Convention, or art 19(1) of the EC Treaty; and the Seneschal’s dual role as Senior Judge in Sark and a member of Chief Pleas was not inconsistent with art 6 of the Convention.”
WLR Daily, 19th June 2008
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.
House of Lords
“There was no breach of the rights of a boy aged 15 to a fair trial or respect for privacy, guaranteed by articles 6 and 8 of the European Convention on Human Rights, to convict him of rape of a child under 13 where, on the basis on which his guilty plea had been accepted, he could have been charged with a less serious offence.”
The Times, 20th June 2008
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.
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