R (JL (by the Official Solicitor as litigation friend)) v. Secretary of State for the Home Department – WLR Daily

Posted August 8th, 2007 in human rights, law reports, suicide, young offenders by sally

R (JL (by the Official Solicitor as litigation friend)) v. Secretary of State for the Home Department  

“Where there had been a death or near death in custody the state was obliged to conduct an enhanced investigation commenced by a person independent of those implicated in the facts. If the investigator found that the state or its agents potentially bore responsibility and that it was not plain that they could bear no responsibility it would be necessary to hold a further inquiry in the nature of a public hearing in which the next of kin or injured person could play a part.”

WLR Daily, 24th July 2007

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.

Brian Haw: ‘It is strange that they are spending so much money prosecuting me’ – The Independent

Posted August 7th, 2007 in demonstrations, freedom of expression, human rights, news by sally

“As the Camp for Climate Action began planning in earnest for next week’s protest at Heathrow, one veteran protester against the Iraq war was also enjoying a moment of vindication.”

Full story

The Independent, 7th August 2007

Source: www.independent.co.uk

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

Posted August 3rd, 2007 in asylum, human rights, law reports, torture by sally

Asylum Act provision is incompatible

Regina (Nasseri) v. Secretary of State for the Home Department

Queen’s Bench Division

“An absolute bar preventing the Secretary of State for the Home Department from considering whether certain countries would return asylum-seekers in contravention of their human rights was incompatible with the right to not be subjected to torture or inhuman or degrading treatment or punishment.”

The Times, 3rd August 2007

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
 

Prisoners to claim millions for parole delay – Daily Telegraph

Posted July 30th, 2007 in compensation, delay, human rights, news, parole, prisons by sally

“Millions of pounds are set to be paid out by the Government to prisoners kept in jail beyond their release dates.”

Full story

Daily Telegraph, 29th July 2007

Source: www.telegraph.co.uk

Damages and right to remain for rapist – Daily Telegraph

Posted July 19th, 2007 in deportation, human rights, news, rape by sally

“A convicted rapist has won a ruling to block his deportation on human rights grounds, it was revealed yesterday.”

Full story

Daily Telegraph, 19th July 2007

Source: www.telegraph.co.uk

Watchdog warns over number plate snooping – The Guardian

Posted July 17th, 2007 in human rights, news, privacy by sally

“Cameras that automatically record car number plates, a weapon in the fight against crime and terrorism, could breach human rights and privacy laws, the government’s surveillance watchdog warned today.”

Full story

The Guardian, 17th July 2007

Source: www.guardian.co.uk

O’Halloran v United Kingdon: Francis v United Kingdom – Times Law Reports

Posted July 13th, 2007 in human rights, law reports, road traffic offences by sally

Compulsion to identify driver does not prejudice right to fair trial

O’Halloran v.  United Kingdom; Francis v. United Kingdom 

European Court of Human Rights

“Registered keepers of motor vehicles could lawfully be compelled to tell the police who was driving it on a particular occasion.”

The Times, 13th July 2007

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

‘Change human rights laws to stop encouraging terrorists’ – The Times

Posted July 9th, 2007 in human rights, news, terrorism by michael

“The UK must withdraw from the European Convention on Human Rights (ECHR) because its interpretation by the courts encourages terrorists to come to Britain, according to a report published today.”

Full story

The Times, 9th July 2007

Source: www.timesonline.co.uk

Battle over control orders goes to Lords – The Guardian

Posted July 6th, 2007 in control orders, human rights, news by sally

“The government today launches a legal battle to try to persuade Britain’s top court, the House of Lords, that the control order regime, which it sees as a key weapon against terrorism, does not violate terror suspects’ human rights.”

Full story

The Guardian, 6th July 2007

Source: www.guardian.co.uk

Prisoners’ action over conditions – BBC News

Posted July 4th, 2007 in human rights, news, prisons by michael

“Two prisoners have launched a High Court action arguing they have been kept in conditions so bad that their human rights have been violated.”

Full story

BBC News, 4th July 2007

Source: www.bbc.co.uk

R (RJM) v. Secretary of State for Work and Pensions – WLR Daily

Posted July 2nd, 2007 in homelessness, human rights, law reports, social security by sally

R (RJM) v. Secretary of State for Work and Pensions [2007] EWCA Civ 614 

“Social security regulations, which disentitled a person without accommodation from receiving disability premium, did not discriminate against homeless persons on a ground relating to status for the purpose of art 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th June 2007

Source: www.lawreports.co.uk

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

Law Lords leave elderly out in cold – The Observer

Posted June 25th, 2007 in care homes, elderly, human rights, news by sally

“A ruling leaves elderly and vulnerable people in private care homes with no protection from eviction or ill-treatment, writes Jon Robins.”

Full story

The Observer, 24th June 2007

Source: www.guardian.co.uk

YL v. Birmingham City Council – WLR Daily

Posted June 22nd, 2007 in care homes, human rights, law reports by sally

YL v. Birmingham City Council [2007] UKHL 27 

“A private care home providing care and accommodation for an elderly person under contract with a local authority was not exercising ‘functions of a public nature’ within s 6(3)(b) of the Human Rights Act 1998 so as to allow that person to claim against the home under s 6(1) of the Act for breach of her Convention rights when it was sought to remove her from the home.”

WLR Daily, 20th June 2007

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.

YL v. Birmingham City Council and Others – Times Law Reports

Posted June 21st, 2007 in care homes, human rights, law reports by sally

Exercise of delegated council duty is a private function

YL v. Birmingham City Council and Others

House of Lords

“Where a private care home, under contract with a local authority, provided care and accommodation for an elderly person which the authority had been under a statutory duty to arrange, the care home was not exercising functions of a public nature so as to allow her to claim a breach of duty under the European Convention on Human Rights.”

The Times, 21st June 2007

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.

Rights blow to elderly in private care – The Times

Posted June 21st, 2007 in care homes, human rights, news by sally

“Thousands of people who use hospital or school services contracted out by local authorities are without the protection of human rights laws, after a landmark ruling yesterday.”

Full story

The Times, 21st June 2007

Source: www.timesonline.co.uk

Private care homes not covered by human rights law – The Times

Posted June 20th, 2007 in care homes, human rights, news by sally

“Private care homes that look after elderly and vulnerable people on behalf of local authorities are not covered by human rights laws, the House of Lords ruled today.”

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The Times, 20th June 2007

Source: www.timesonline.co.uk

Ruling on care home residents due – BBC News

Posted June 20th, 2007 in care homes, human rights, news by sally

“Law Lords are due to rule on whether the Human Rights Act applies to private care homes in England and Wales if residents are council funded.”

Full story

BBC News, 20th June 2007

Source: www.bbc.co.uk

R (Al-Skeini and others) v. Secretary of State for Defence – WLR Daily

Posted June 15th, 2007 in armed forces, human rights, jurisdiction, law reports by sally

R (Al-Skeini and others) v. Secretary of State for Defence (Aire Centre and 10 others intervening) 

S 6(1) of the Human Rights Act 1998 was capable of applying to acts committed by a UK public authority outside its territory where in exceptional circumstances the victim was “within the jurisdiction of the United Kingdom” for purposes of art1 of the European Convention on Human Rights.

WLR Daily, 13th June 2007

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 (Al-Skeini and Others) v. Secretary of State for Defence – Times Law Reports

Posted June 15th, 2007 in armed forces, human rights, jurisdiction, law reports by sally

Regina (Al-Skeini and Other) v. Secretary of State for Defence

 House of Lords

“The Human Rights Act 1998 was capable of applying to acts of a United Kingdom public authority performed outside its territory only where the victim was within the jurisdiction of the UK for purposes of article 1 of the European Convention on Human Rights.”

The Times, 14th June 2007

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.

A “seminal decision” for human rights – The Times

Posted June 13th, 2007 in armed forces, human rights, Iraq, news by sally

“The House of Lords held by a 4-1 majority that the Human Rights Act 1998 (HRA) and the European Convention on Human Rights (ECHR) applied to South East Basra in cases where Iraqis have been detained and kept in British Army custody.”

Full story

The Times, 13th June 2007

Source: www.timesonline.co.uk