Category: human rights

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

Clash of arms – Law Society’s Gazette

Posted April 18th, 2008 in armed forces, corruption, deportation, human rights, Saudi Arabia, special report by sally

“Four landmark court rulings last week placed into sharp focus the ongoing trial of strength between ministers and the judiciary.”

Regina (Black) v Secretary of State for Justice

Law Society’s Gazette, 17th April 2008

Source: www.lawgazette.co.uk

Regina (Black) v Secretary of State for Justice – Times Law Reports

Posted April 18th, 2008 in human rights, law reports, parole, prisons by sally

Court of Appeal

“Section 35 of the Criminal Justice Act 1991, giving the Secretary of State for Justice power to block the release on licence of prisoners sentenced between 1991 and 2003 to prison terms of more than 15 years, was not compatible with article 5.4 of the European Convention on Human Rights, providing that anyone deprived of his liberty had the right to have the lawfulness of his detention decided speedily by a court.”

The Times, 18th April 2008

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

Inmates win ‘cold turkey’ payout – The Times

Posted April 18th, 2008 in compensation, human rights, news, prisons by sally

“Taxpayers have footed a £1 million compensation bill after almost 200 drug-addicted prisoners sued the Government, claiming that denying them a heroin substitute breached their human rights.”

The Times, 18th April 2008

The Law Explored: human rights on the battlefield – The Times

Posted April 17th, 2008 in armed forces, human rights, special report by sally

“Mr Justice Collins has drawn gasps of disbelief in some quarters by ruling that human rights law might apply to soldiers on active service. In particular, he said, soldiers might enjoy the protection of law on the right to life. ”

The Times, 16th April 2008

AS and DD (Libya) v Secretary of State for the Home Department

AS and DD (Libya) v Secretary of State for the Home Department – Times Law Reports

Posted April 16th, 2008 in deportation, human rights, law reports by sally

Court of Appeal

“A foreign national who challenged a deportation order made on national security grounds had to show substantial grounds for believing that if he was returned he would face a real risk of being subjected to torture or inhuman or degrading treatment in contravention of article 3 of the European Convention on Human Rights.”

The Times, 16th April 2008

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire [2006] EWHC 694 (Admin); [2008] WLR (D) 108

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

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire – WLR Daily

Posted April 16th, 2008 in armed forces, human rights, inquests, Iran, law reports by sally

“The procedural obligations arising under art 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms applied to an inquest on an United Kingdom soldier who had died of hyperthermia while on active service in Iraq.”

WLR Daily, 15th April 2008

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

Justice Secretary Jack Straw loses right to block release for prisoners – The Times

Posted April 16th, 2008 in dangerous offenders, human rights, news, prisons by sally

“The Justice Secretary lost his last power to block the release of dangerous prisoners from jail yesterday when the Court of Appeal ruled that it was a breach of human rights.”

The Times, 16th April 2008

Othman (Jordan) v Secretary of State for the Home Department

Othman (Jordan) v Secretary of State for the Home Department – Times Law Reports

Posted April 15th, 2008 in deportation, human rights, law reports by sally

Court of Appeal

“A foreign national could not be deported on national security grounds to a state where he was at real risk of being tried on evidence obtained by torture because such an expulsion would contravene his right to a fair trial guaranteed by article 6 of the European Convention on Human Rights.”

The Times, 15th April 2008

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

Blow for MoD as judge rules soldiers have battlefield rights – Daily Telegraph

Posted April 11th, 2008 in armed forces, human rights, news by sally

“The Ministry of Defence has been dealt a groundbreaking legal defeat by a High Court judge who ruled soldiers’ human rights must be protected on the battlefield.”

AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289; [2008] WLR (D) 104

The Daily Telegraph, 11 April 2008

Source: www.telegraph.co.uk

AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289 – WLR Daily

Posted April 11th, 2008 in deportation, human rights, law reports by sally

“In order to show strong grounds for believing that a foreign national if deported would face a real risk of being subjected to torture or inhuman or degrading treatment in breach of art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms it was necessary to produce evidence, not mere speculation, to establish that risk. That was a stringent test, requiring rigorous examination of the evidence.”

WLR Daily, 10th April 2008

Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290; [2008] WLR (D) 103

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

Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290 – WLR Daily

Posted April 11th, 2008 in deportation, human rights, law reports by sally

“The deportation of a foreign national on the ground that his presence was not conducive to the public good because he was a danger to the national security of the United Kingdom would breach that person’s right to a fair trial under art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms if in the receiving state he was at real risk of being tried on evidence obtained by torture.”

WLR Daily, 10th April 2008

R (Gentle and another) v Prime Minister and others [2008] UKHL 20

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

R (Gentle and another) v Prime Minister and others [2008] UKHL 20 – WLR Daily

Posted April 11th, 2008 in armed forces, human rights, international law, Iraq, law reports, war by sally

“Art 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which provided that “everyone’s right to life shall be protected by law”, did not place the Government under a duty to members of the armed forces and their families to hold a public inquiry into whether it had obtained adequate legal advice on the lawfulness under international law of the invasion of Iraq.”

WLR Daily, 10th April 2008

Goodall v Peak District National Park Authority; [2008] WLR (D) 99

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

Goodall v Peak District National Park Authority – WLR Daily

Posted April 10th, 2008 in enforcement notices, human rights, law reports, planning, time limits by sally

“The 28 day time limit for appealing against an enforcement notice prescribed by s174(3) of the Town and Country Planning Act 1990 was not incompatible with the right to a fair trial guaranteed by art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 9th April 2008

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

Legal bid to force Iraq inquiry – BBC News

Posted April 9th, 2008 in armed forces, human rights, Iraq, news, war by sally

“Nine Law Lords are to rule on another legal bid to force a public inquiry into Britain’s involvement in Iraq.”

BBC News, 9th April 2008

Source: www.bbc.co.uk

Web filtering must be necessary and transparent, says Council of Europe – OUT-LAW.com

Posted April 3rd, 2008 in freedom of expression, human rights, internet, news by sally

“The body behind the European Convention on Human Rights has said that internet users must be told when content is being filtered, and that governments should not filter content except in very specific circumstances.”

Regina (Griffin) v Richmond Magistrates Court

OUT-LAW.com, 1st April 2008

Source: www.out-law.com

Regina (Griffin) v Richmond Magistrates Court – Times Law Reports

Posted March 31st, 2008 in fraud, human rights, insolvency, law reports by sally

Queen’s Bench Divisional Court

“A defendant charged with failing to deliver up books and papers in the course of the winding-up of a company and who raised the statutory defence of no intent to defraud bore a legal burden rather than an evidential one; that burden was not incompatible with the right to a fair trial.”

The Times, 31st March 2008

Ministry of Justice v Prison Officers’ Association

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

Ministry of Justice v Prison Officers’ Association – Times Law Reports

Posted March 31st, 2008 in human rights, industrial action, law reports, prison officers by sally

Queen’s Bench Division

“Article 11 of the European Convention on Human Rights guaranteeing freedom of assembly and association, conferred no express right to strike and it was not breached by a court order forbidding any form of industrial action.”

The Times, 31st March 2008

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

UK admits breaching human rights convention over detainee’s death – The Guardian

Posted March 28th, 2008 in armed forces, human rights, Iraq, news, torture by sally

“The government is to admit ‘substantive breaches’ of the European Convention on Human Rights over the death and torture of Iraqi civilians in the custody of British soldiers, Des Browne, the defence secretary, revealed yesterday.”

Regina (Rayner) v Secretary of State for Justice

The Guardian, 28th March 2008

Source: www.guardian.co.uk

Regina (Rayner) v Secretary of State for Justice – Times Law Reports

Posted March 26th, 2008 in human rights, law reports, mental health, tribunals by sally

Court of Appeal

“The statutory scheme dealing with the referral of a recalled mental patient to a mental health review tribunal was not incompatible with the patient’s rights under article 5.4 of the European Convention on Human Rights.”

The Times, 26th March 2008