British soldiers protected under human rights law, supreme court told – The Guardian
“British soldiers have the right, enshrined in European human rights law, to expect the government to take all reasonable steps to prevent them getting killed, the supreme court heard on Monday, in a case with profound implications for military commanders and their conduct of future operations.”
The Guardian, 18th February 2013
Source: www.guardian.co.uk
A human rights reality check for the Home Secretary – UK Human Rights Blog
“The Home Secretary, Theresa May, is no stranger to ill-founded outbursts concerning the evils of human rights. Against that background, her recent article in the Mail on Sunday (to which Adam Wager has already drawn attention) does not disappoint. May’s ire is drawn by certain recent judicial decisions in which the deportation of foreign criminals has been ruled unlawful on the ground that it would breach their right to respect for private and family life under Article 8 of the European Convention on Human Rights. Some of these judgments, May contends, flout instructions issued to judges by Parliament about how such cases should be decided.”
UK Human Rights Blog, 18th February 2013
Source: www.ukhumanrightsblog.com
Psychic TV channel faces Ofcom fine over Dowler and Jackson claims – The Guardian
“A psychic television channel faces a fine from media regulator Ofcom after two psychics made claims about Michael Jackson and the police investigation into murdered schoolgirl Milly Dowler.”
The Guardian, 18th February 2013
Source: www.guardian.co.uk
Crime, Rehabilitation and the Right to Private Life: where should the “Bright line” fall? – Garden Court Chambers Blog
“Shereener Browne analyses the recent decision in T, R (on the application of) v Chief Constable of Greater Manchester & Ors and its impact on employment law.”
Garden Court Chambers Blog, 18th February 2013
Source: www.gclaw.wordpress.com
Prospective adoptive child will not be taken from blind woman, for now – UK Human Rights Blog
“This case, described by Cobb J as an ‘unusual and troubling’ case, concerns a 1 year old girl ‘SB’ and a woman ‘RCW’. SB was born prematurely, at 27 weeks, weighing just 1 kg; almost immediately she was abandoned by her natural mother.”
UK Human Rights Blog, 18th February 2013
Source: www.ukhumanrightsblog.com
Man sentenced for leaving severed pig’s head outside Muslim place of worship – The Guardian
“An office worker who left a severed pig’s head outside a Muslim place of worship on Boxing Day has been spared jail.”
The Guardian, 18th February 2013
Source: www.guardian.co.uk
Law firm partner jailed for marriage scam – Daily Telegraph
“A partner in a law firm has been jailed for a £20 million ‘industrial scale’ immigration scam that saw about five sham marriages carried out a day over many years.”
Daily Telegraph, 18th February 2013
Source: www.telegraph.co.uk
Jimmy Savile scandal: judge’s review contacted by more than 425 people – The Guardian
“The judge-led investigation into sexual abuse at the BBC in the Jimmy Savile era has been contacted by more than 425 people and carried out 60 in-person interviews with witnesses.”
The Guardian, 18th February 2013
Source: www.guardian.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Civil Procedure (Amendment) Rules 2013
The Public Bodies (Water Supply and Water Quality Fees) Order 2013
The Parental Leave (EU Directive) Regulations 2013
The Police (Complaints and Conduct) Regulations 2013
The Judicial Committee (Appellate Jurisdiction) Rules (Amendment) Order 2013
The Community Radio (Guernsey) Order 2013
Source: www.legislation.gov.uk
Heterosexual couples challenge ‘discriminatory’ civil partnerships bar – Daily Telegraph
“Laws restricting civil partnerships to gay couples discriminate against heterosexuals, four straight couples are to argue in a landmark challenge at the European Court of Human Rights.”
Daily Telegraph, 16th February 2013
Source: www.telegraph.co.uk
Making rights to light more transparent – Law Commission
“In a consultation opening today the Law Commission is asking for views on the current law on rights to light, including their creation, enforcement and extinguishment.”
Law Commission, 18th February 2013
Source: www.lawcommission.justice.gov.uk
Children: Private Law Update – Family Law Week
“Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.”
Family Law Week, 13th February 2013
Source: www.familylawweek.com
Postman jailed for burying 30,000 letters in garden – Daily Telegraph
“A postman has been jailed for destroying almost 30,000 letters he should have pushed through letterboxes.”
Daily Telegraph, 18th February 2013
Source: www.telegraph.co.uk
Sale of personal gene data condemned as ‘unethical and dangerous’ – The Guardian
“Private firms will soon be able to buy people’s medical and genetic data without their consent and, in certain cases, acquire personal information that might enable them to identify individuals.”
The Guardian, 17th February 2013
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Dizaei v R. [2013] EWCA Crim 88 (14 February 2013)
Court of Appeal (Civil Division)
Commissioner of Police for the Metropolis v ZH [2013] EWCA Civ 69 (14 February 2013)
Tamiz v Google Inc [2013] EWCA Civ 68 (14 February 2013)
Niekrash v South London Healthcare NHS Trust [2013] EWCA Civ 64 (14 February 2013)
Moore v British Waterways Board [2013] EWCA Civ 73 (14 February 2013)
Weavering Capital (UK) Ltd & Ors v Dabhia & Anor [2013] EWCA Civ 71 (15 February 2013)
High Court (Chancery Division)
Sycamore Bidco Ltd v Breslin & Anor [2013] EWHC 174 (Ch) (14 February 2013)
Morshead Mansions Ltd v Mactra Properties Ltd [2013] EWHC 224 (Ch) (15 February 2013)
Source: www.bailii.org
Judge blocks ‘worrying’ attempt to take girl away from blind adoptive mother – Daily Telegraph
“A council has been blocked from removing a girl from her would-be adoptive mother who had gone blind, after a judge ruled social workers were wrong to assume that her visual impairment meant she was not a suitable parent.”
Daily Telegraph, 15th February 2013
Source: www.telegraph.co.uk
Triumph for canal boat litigant in person – UK Human Rights Blog
“A boat owner has won his appeal against the British Waterways Board preventing him from mooring his boats alongside his land on a tidal stretch of the Grand Canal. Although he had no common law right to permanently moor the boats, he had committed no actionable wrong in doing so, and they were therefore not moored ‘without lawful authority’ within the meaning of the British Waterways Act 1983. This judgment is an interesting and important endorsement of the principle in English law that everything is permitted except what is expressly forbidden.”
UK Human Rights Blog, 15th February 2013
Source: www.ukhumanrightsblog.com
An overdue inquiry into the working of the Abortion Act – Halsbury’s Law Exchange
“Whatever your view of abortion, there are too many abortions, and too many of them are too late. Even abortion’s fiercest advocates do not pretend that it is a good thing – just the lesser of two evils.”
Halsbury’s Law Exchange, 15th February 2013
Source: www.halsburyslawexchange.co.uk