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Archive for December, 2010

The Redfern Inquiry: the latest investigation into the removal and retention of human tissue

Posted in 1COR, BLOG POSTS, Case summaries, Environment, In the news, Inquests and Inquiries, Medical, Personal Injury on December 31, 2010 |

November saw the publication of the report of the Redfern Inquiry into human tissue analysis in UK nuclear facilities (read the report, here). The inquiry was the latest in a number of investigations looking at the post mortem removal, retention and disposal of human body parts by medical and other bodies, and the extent to [...]

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The top 20 posts of 2010

Posted in Blog news, tagged on December 30, 2010 | 1 Comment »

Below are the 20 top posts on the UK Human Rights Blog in 2010. It is fascinating to see which posts generate the most views. Have a happy new year, and if you like what you read, don’t forget to subscribe for free via Facebook, Twitter, RSS or email!

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Criminals have human rights too, says Court of Appeal

Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Case comments, Criminal, Police, tagged on December 29, 2010 | 4 Comments »

Al Hassan-Daniel & Anor v HM Revenue and Customs & Anor [2010] EWCA Civ 1443 (15 December 2010) – Read judgment The Court of Appeal has ruled that the family of a drug smuggler who died after being poisoned by 116 swallowed cocaine packages can bring a human rights claim against the state, despite his [...]

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Ireland abortion ruling – the aftermath

Posted in Case summaries, tagged , , on December 24, 2010 |

With the Pope giving his first “thought for the day” on this morning’s Today program, it seems a good opportunity to revisit the European Court of Human Right’s recent decision on abortion in Ireland. The emerging consensus is that the European court went no further than it needed to, and did little more than reasserting [...]

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Defamation again: Mrs Clift wins in the Court of Appeal

Posted in Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Defamation / Libel on December 24, 2010 | 1 Comment »

Last year I blogged about Mrs Clift winning a claim for defamation against Slough Borough Council. The facts are in the earlier post. Slough’s appeal was rejected by the Court of Appeal in Clift v Slough Borough Council [2010] EWCA Civ 1171. While the point in issue was whether Slough could rely on a defence of qualified [...]

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Please release me

Posted in Art. 5 | Right to Liberty, Case summaries, Criminal, Prisons, tagged , , , on December 24, 2010 |

Stellato v Ministry of Justice  [2010] EWCA Civ 1435 – Read judgment The court of appeal has ruled that when a court set a deadline for a prisoner’s release, that deadline could was not lawfully extended simply because a court needed time to hear an appeal against the decision to release him. In other words, [...]

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A welcome clarification for relatives of the dead

Posted in Art. 2 | Right to life, Case comments, Inquests and Inquiries on December 23, 2010 |

Legal Services Commission v Humberstone, R.( On the application of) [2010] EWCA Civ 1479 (21 December 2010) – Read judgment The high court was right to quash the decision of the Legal Services Commission not to recommend public funding for a mother to be represented at the inquest into the death of her 10-year-old son. [...]

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“Asylum seeker death driver” case was misunderstood

Posted in Art. 8 | Right to Privacy/Family, Case law, Children, Immigration/Extradition, Poor reporting, tagged on December 22, 2010 | 7 Comments »

The Secretary of State for the Home Department v Respondent [2010] UKUT B1 – Read judgment There has been public outrage over the ruling of two Senior Immigration Judges that it would be unlawful to deport Aso Mohammed Ibrahim, an Iraqi Kurd, who has been labelled an “asylum seeker death driver” The fury has not [...]

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Bite-size human rights case law

Posted in Case summaries, tagged on December 22, 2010 |

Lots of judgements are being released this week as judges tie up their business in time for the holidays. Here is a quick roundup of human rights cases. More trouble for the LSC tender process Hereward & Foster Llp & Anor v The Legal Services Commission [2010] EWHC 3370 (Admin) (21 December 2010) A number [...]

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United Nations restores sexual orientation clause to extrajudicial killings resolution

Posted in In the news, tagged , , on December 21, 2010 | 1 Comment »

Updated | The reference to sexual orientation in a resolution on extrajudicial, summary and arbitrary executions has been restored. The General Assembly voted 93 in favour of the US proposal, with 55 countries voting against and 27 abstaining, with some 16 delegations taking the floor to explain their position. As previously reported, for the first time since 1999 [...]

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Enemy of the people – what price water information?

Posted in Case comments, Case summaries, Environment, European, In the news on December 21, 2010 |

Smartsource v Information Commissioner + 19 other parties [2010] UKUT 415 (AAC) 23rd November 2010 – read judgment Ibsen’s Enemy of the People has Dr Stockmann complaining to his Norwegian municipality about contamination of its water supply. We think that these sorts of disputes are part of a modern problem, so it is striking to [...]

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Unjustified Delay in Parole Hearing Breached Prisoner’s Human Rights

Posted in Art. 5 | Right to Liberty, Case summaries, Criminal, In the news, tagged , on December 21, 2010 |

R (on the application of Daniel Faulkner) v Secretary of State for Justice and Anor [2010] EWCA Civ 1434 – Read Judgment The Court of Appeal has upheld the appeal of prisoner who spent 10 more months in prison than he should have, due to unjustified delay in having his case heard by the Parole [...]

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Permission to tweet in court to be decided on case by case basis

Posted in Art. 6 | Right to Fair Trial, In the news, Judges and Juries, Technology, tagged , , , on December 20, 2010 |

The Lord Chief Justice has issued interim guidance on the use of live text-based forms of communication, including Twitter, from court for the purpose of fair and accurate reporting. For the time being, it will be possible to apply to a judge for permission to turn on one’s mobile phone or computer in order to [...]

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Slow but steady on access to environmental justice from supreme court

Posted in Case comments, Costs and Procedure, Environment, European, In the news, tagged on December 20, 2010 |

R (on the application of Edwards and another) (Appellant) v Environment Agency & others(Respondents) [2010] UKSC 57 – Read judgment The development of the principles of access to justice in environmental cases moves on apace. This case arose out of a failed attempt to seek judicial review of the Environment Agency’s decision to issue a [...]

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US ten years behind Britain on gay soldiers

Posted in Art. 8 | Right to Privacy/Family, Article 13 | Effective remedy, European, In the news, International, tagged , , on December 20, 2010 |

Updated | Following the US Senate’s vote to repeal the ban on gay soldiers serving in the US military, it is interesting to compare the situation in the British Army, where gay soldiers have been allowed to serve since 2000. The UK government was in fact forced to change its policy following a series of [...]

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