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.”

Full story

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

Regina (Griffin) v Richmond Magistrates Court

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

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.

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

Ministry of Justice v Prison Officers’ Association

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

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.

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.”

Full story

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

Regina (Rayner) v Secretary of State for Justice

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

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.

Northern Rock shareholders prepare legal challenge for violation of human rights – The Times

Posted March 20th, 2008 in banking, human rights, nationalisation, news by sally

“Northern Rock’s army of small shareholders took their campaign for compensation to the courts yesterday as they accused the Government of abusing their human rights by nationalising the stricken mortgage lender.”

Full story

The Times, 20th March 2008

Source: www.timesonline.co.uk

Regina (Animal Defenders International) v Secretary of State for Culture, Media and Sport – Times Law Reports

Posted March 17th, 2008 in advertising, human rights, law reports, media by sally

Regina (Animal Defenders International) v Secretary of State for Culture, Media and Sport

House of Lords

“The prohibition on political advertising in broadcast media was necessary in a democratic society and not incompatible with the freedom of expression guaranteed by article 10 of the European Convention on Human Rights. ”

The Times, 17th March 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.

R (Rayner) v Secretary of State for Justice – WLR Daily

Posted March 14th, 2008 in human rights, law reports, mental health, tribunals by sally

R (Rayner) v Secretary of State for Justice [2008] EWCA Civ 176; [2008] WLR (D) 85

The statutory scheme dealing with the referral of the case a recalled mental patient to a mental health review tribunal was not incompatible with the patient’s rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, whether because of the timescale envisaged or for lack of a right of direct access to a court.”

WLR Daily, 12th March 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.

R (Animal Defenders International) v Secretary of State for Culture, Media and Sport – WLR Daily

Posted March 13th, 2008 in advertising, human rights, law reports, media by sally

R (Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15; WLR (D) 79

“The prohibition in ss 319 and 321 of the Communications Act 2003 on political advertising was compatible with art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms as being necessary in a democratic society.”

WLR Daily, 12th March 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.

Stop prayers or face being sued, council told – Daily Telegraph

Posted March 13th, 2008 in human rights, local government, news, race discrimination by sally

“A town council is being advised to stop prayers before meetings or face the threat of legal action under race discrimination or human rights laws.”

Full story

Daily Telegraph, 13th March 2008

Source: www.telegraph.co.uk

Government submits human rights report to United Nations – Ministry of Justice

Posted March 6th, 2008 in human rights, press releases by sally

“The United Kingdom has submitted a report to the United Nations on how it is fulfilling its human rights obligations, as part of the UN’s periodic review of member states.”

Full story

Ministry of Justice, 5th March 2008

Source: www.justice.gov.uk

Pair in DNA database legal battle – BBC News

Posted February 27th, 2008 in criminal records, DNA, human rights, news by sally

“Two British men are due to appear before Strasbourg’s European Court of Human Rights to try to get their DNA removed from the UK national database.”

Full story

BBC News, 27th February 2008

Source: www.bbc.co.uk

Human rights and the battle on terror – Law Commission

Posted February 21st, 2008 in human rights, lectures, terrorism by sally

“The Second Leslie Scarman Lecture 2008. The lecture given on 13/02/08 by Professor Aharon Barak on ‘Human Rights and the Battle on Terror.’

Full lecture

Law Commission, 21st February 2008

Source: www.lawcom.gov.uk

Miliband urged to regulate private military – The Guardian

Posted February 18th, 2008 in human rights, news, security companies by sally

“David Miliband, the foreign secretary, today faces a legal challenge over the government’s failure to introduce a law to regulate private military and security companies. The move, by lawyers acting for the charity War on Want, follows an increasing number of reports of human rights abuse by employees of foreign companies in Iraq and Afghanistan.”

Full story

The Guardian, 18th February 2008

Source: www.guardian.co.uk

Miliband ‘concerned’ about Guantánamo trials – The Guardian

Posted February 13th, 2008 in human rights, news, terrorism, trials by sally

“The foreign secretary, David Miliband, today opened a rift with the Bush administration by raising doubts about the fairness of US military tribunals for the six men charged in connection with the September 11 attacks.”

Full story

The Guardian, 12th February 2008

Source: www.guardian.co.uk

Biofuel demand leading to human rights abuses, report claims – The Guardian

Posted February 12th, 2008 in environmental protection, human rights, news by sally

“EU politicians should reject targets for expanding the use of biofuels because the demand for palm oil is leading to human rights abuses in Indonesia, a coalition of international environmental groups claimed today.”

Full story

The Guardian, 11th February 2008

Source: www.guardian.co.uk

Ofulue and Another v Bossert – Times Law Reports

Posted February 11th, 2008 in adverse possession, human rights, law reports by sally

Ofulue and Another v Bossert

Court of Appeal

“Where a party contended that a right to property had been breached, the English court had to apply a margin of appreciation in taking into account the jurisprudence of the European Court of Human Rights at Strasbourg.”
The Times, 11th February 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. 

R (Brooke and another) v Parole Board and another – WLR Daily

Posted February 6th, 2008 in human rights, law reports, parole by sally

R (Brooke and another) v Parole Board and another; R (O’Connell) v Parole Board and another; R (Murphy) v Parole Board and another [2008] EWCA Civ 29; [2008] WLR (D) 26

“The Parole Board did not have the independence from the executive that was required for its judicial role in determining whether convicted prisoners should be released on licence.”

WLR Daily, 5th February 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.

Regina (Brooke and Another) v Parole Board and Another – Times Law Reports

Posted February 5th, 2008 in human rights, law reports, parole by sally

Regina (Brooke and Another) v Parole Board and Another; Regina (O’Connell) v Same Regina (Murphy) v Same

“The Parole Board’s relationship with the executive was such that it did not have the independence required when determining whether convicted prisoners should remain in prison or be released on licence.”

The Times, 5th February 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.

Saadi v United Kingdom – Times Law Reports

Posted February 4th, 2008 in asylum, detention, human rights, reasons by sally

Saadi v United Kingdom (Application No 13229/03)

European Court of Human Rights

“A delay of 76 hours in providing reasons for the detention of an asylum seeker was not compatible with article 5.2 of the European Convention on Human Rights that such reasons should be given promptly.”

The Times, 4th February 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.