“The Prime Minister’s plans to introduce a ‘Bill of Rights and Responsibilities’ have been dealt a blow with the resignation of the Lord Lester of Herne Hill, the Liberal Democrat peer.”
The Times, 5th November 2008
Source: www.timesonline.co.uk
“Jack Straw, the justice secretary, is facing a cabinet-level revolt over his plans for a British bill of rights and responsibilities, and has sent his justice minister, Michael Wills, on a mission to re-explain the proposals to sceptical Whitehall departments.”
The Guardian, 4th November 2008
Source: www.guardian.co.uk
Warner v Verfides (Hafner and another intervening) [2008] EWHC 2609 (Ch); [2008] WLR (D) 338
“There was no reason why documents created by one party and sent to another should cease to be “correspondence” on their receipt by the latter. In the case of business correspondence, it could still engage the right to respect for private life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 31st October 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 families of three SAS soldiers and a female corporal killed in Afghanistan when their Land Rover hit a landmine have a strong legal basis for suing the Ministry of Defence under the European Convention on Human Rights, according to a senior barrister.”
The Guardian, 2nd November 2008
Source: www.guardian.co.uk
“Law lord says they should boldly go where the European Court of Human Rights fears to tread, even if this will mean unmarried couples in Northern Ireland applying to adopt.”
Daily Telegraph, 31st October 2008
Source: www.telegraph.co.uk
Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE
Court of Appeal
“While as much information as possible, without imperilling national security, should be disclosed to a person subject to a control order, it was arguable that there was no irreducible minimum the nondisclosure of which would automatically make a trial unfair.”
The Times, 29th October 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.
Horsham Properties Group Ltd v Clark and Another
Chancery Division
“The exercise of a statutory power of sale under section 101 of the Law of Property Act 1925 was not a deprivation of possessions for the purposes of article 1 of the First Protocol to the European Convention on Human Rights, protecting the right to property.”
The Times, 29th October 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.
Regina (Haase) v Independent Adjudicator and Another
Court of Appeal
“In order to ensure that a trial was fair for the purposes of article 6 of the European Convention on Human Rights the tribunal was required to be independent and impartial, but it was not necessary for the prosecutor to be independent and impartial.”
The Times, 28th October 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.
“The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within art 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms but it was lawful as it could be justified on policy grounds.”
WLR Daily, 23rd October 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.
“Where a man who had been arrested for being drunk and disorderly was found, while in custody, to be in a coma and was later shown to be suffering from a serious injury which might have been caused during or before he was taken into custody, the Independent Police Complaints Commission had a power and a duty independently to investigate the cause of the injury even if that meant that it had to investigate events which occurred before the man had come into contact with the police.”
WLR Daily, 23rd October 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 removal of a foreign national from the United Kingdom was unlawful, as incompatible with the United Kingdom’s obligations under art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if it would amount to a flagrant breach of her right to respect for her family life so as to completely deny or nullify that right in the destination country.”
WLR Daily, 23rd October 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 the light of the stance taken by the US government that it would reconsider the intelligence relationship between the United States and the United Kingdom if the court were to make the order sought by the claimant, the appropriate course was to stay proceedings until after the outcome of the forthcoming hearing in the US Federal District Court, in the hope that a means would be found under the United States’ own judicial procedures of securing disclosure of the potentially exculpatory documents to the claimant’s US lawyers and thereby bringing the matter to an early and just resolution.”
WLR Daily, 23rd October 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.
EM (Lebanon) v Secretary of State for the Home Department
House of Lords
“The removal of a foreign national from the United Kingdom would be incompatible with the United Kingdom’s obligations under article 8 of the European Convention on Human Rights as it would completely deny or nullify her right to family life in the destination country.”
The Times, 24th October 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.
Building a Better Society (PDF)
Speech by The Rt Hon Lady Justice Arden DBE
Justice 10th Annual Rights Law Conference, 21st October 2008
Source: www.judiciary.gov.uk
“The Court of Appeal gave guidance on the proper approach to the compatibility with the right to a fair trial in art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms of hearings under s 3(10) of the Prevention of Terrorism Act 2005 to determine whether the Secretary of State for the Home Department had reasonable grounds for suspecting the involvement of the controlee in terrorism-related activities.”
WLR Daily, 21st October 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 (Haase) v District Judge Nuttall and another [2008] EWCA Civ 1089; [2008] WLR (D) 316
“There was no general requirement that a prosecutor be independent and impartial to comply with the right to a fair trial in art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 15th October 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 (C) v Secretary of State for Justice
Court of Appeal
“Secondary legislation laid before Parliament three weeks after a report sent by the Youth Justice Board to the directors of privatised secure training centres holding children, following two deaths in custody, was quashed as procedurally flawed and in breach of the European Convention on Human Rights.”
The Times, 14th October 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. K. and A. K. v United Kingdom (Application No 38000/05)
European Court of Human Rights
“Although the removal of a child from parental care did not amount to a breach of article 8 of the European Convention on Human Rights, guaranteeing the right to respect for private and family life, there was a breach of article 13, guaranteeing an effective remedy.”
The Times, 13th October 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online fro 21 days from the date of publication.
“The exercise of a statutory power of sale under s 101 of the Law of Property Act 1925 after a relevant default by the mortgagor was not a deprivation of possessions within the meaning of art 1of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR, 8th October 2008
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Max Mosley, the president of formula one’s governing body, is to continue his challenge to the law of privacy by taking his case to the European court of human rights in Strasbourg.”
The Guardian, 4th October 2008
Source: www.guardian.co.uk
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