On 31st March a year ago our blog was launched and to celebrate our entry into a second glorious year we thought we’d take a look at what we’ve done that pleased you most. As with all internet sites, there are no prizes for guessing why Should people with low IQs be banned from sex? [...]
Archive for March, 2011
Happy first birthday!
Posted in In the news on March 31, 2011 | 3 Comments »
Expert witnesses no longer immune from being sued
Posted in In the news on March 30, 2011 | 1 Comment »
Jones v Kaney – read judgment/press summary. The Supreme Court has ruled that the an expert giving advice in the course of litigation is no longer immune from being sued in negligence. This case, which had been granted a “leap-frog certificate” to go straight from the Divisional Court to the Supreme Court, overturns a long-established principle [...]
Open justice and crosses to bear – The Human Rights Roundup
Posted in In the news on March 29, 2011 |
It’s time for the human rights roundup, a regular bulletin of all the law we haven’t quite managed to feature in full blog posts. The full list of links, updated each day, can be found here. In the news: James Wilson, writing in the Halsbury’s Law Exchange blog, examines Lord Neuberger’s discussion relating to the [...]
Reform of Strasbourg Court: a modest proposal – Aidan O’Neill QC
Posted in European, Features, In the news on March 28, 2011 | 3 Comments »
The coalition Government has appointed an independent Commission to investigate the case for a UK Bill of Rights. This Commission has also been tasked with providing advice to the Government on the possible reform of the European Court of Human Rights – as part of on the ongoing Interlaken process – ahead of and following [...]
Blow to Parliament Square protest camp
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Case comments, Case law, Case summaries, Politics / Public Order on March 28, 2011 | 4 Comments »
The Mayor of London v. Brian Haw & others [2011] EWHC 585 (QB) - read judgment. The High Court has ruled that it would not be a breach of Articles 10 (freedom of expression) and 11 (freedom of assembly and association) to grant a possession order in respect of Parliament Square Gardens (“PSG”) and an injunction [...]
Benefits tourism in the EU – Analysis
Posted in Case comments, Employment, European, Features, In the news on March 25, 2011 |
The case of Patmainiece v Secretary of State for Work and Pensions was reported in an earlier post. Here we discuss the underlying rationale for the decision and ask whether the finding that the nationality requirement amounted to mere indirect discrimination was a correct “fit” with EU principles of free movement. Article 18 (now article [...]
Child’s identity to remain a secret
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Case summaries, Children, Medical on March 24, 2011 | 1 Comment »
A (A Child) v Cambridge University Hospital NHS Foundation Trust [2011] EWHC 454 (QB)- read judgment A High Court judge has ruled that a seven-year-old child with severe disabilities caused by medical negligence during his birth should be the subject of an order that prohibits their identification in any newspaper report. The order was granted [...]
Can the Media use Parliamentary Privilege to Circumvent Reporting Restrictions in Privacy Injunctions? – Henry Fox
Posted in Art. 10 | Freedom of Expression, In the news on March 24, 2011 | 5 Comments »
The recent claim in Parliament by Liberal Democrat MP John Hemming (pictured right) that Sir Fred Goodwin has obtained an injunction to prevent him being identified as a banker has reignited interest in the suggestion that the media can in some way sidestep the secrecy of an injunction through the indirect use of Parliamentary privilege. [...]
Secret foreign nationals detention policy was “serious abuse of power”
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, Case summaries, Criminal, Immigration/Extradition on March 23, 2011 | 1 Comment »
Lumba (WL) v Secretary of State for the Home Department [2011] UKSC 12 (23 March 2011) – Read judgment / press summary The Supreme Court has ruled that it was unlawful and a “serious abuse of power” for the Home Office to follow an unpublished policy on the detention of foreign national prisoners which contradicted [...]
Where do I belong?
Posted in Immigration/Extradition, International, tagged asylum, Immigration/Extradition, nationality, persecution, statelessness on March 23, 2011 |
AS v Secretary of State for the Home Department [2011] EWHC 564 (Admin) - Read Judgment In a strange case, reminiscent of the film The Terminal in which Tom Hanks plays a person unable to leave an airport because he is temporarily stateless, an Applicant lost a judicial review application despite being unable to enter the UK [...]
Open online justice – what do you think?
Posted in In the news on March 22, 2011 | 17 Comments »
As the Cearta.ie blog reminds us this morning, the late Lord Bingham saw accessibility, intelligibility and predictability as central requirements for the effective rule of law. It is also central to the human right to a fair trial. On that theme, Lord Neuberger, the head of the court of appeal, gave a speech last week [...]
Rights in flux – The Human Rights Roundup
Posted in In the news on March 22, 2011 | 1 Comment »
It’s time for the human rights roundup, a regular bulletin of all the law we haven’t quite managed to feature in full blog posts. The full list of links, updated each day, can be found here. In the news As the UK government is requesting the referral of Greens and M.T. v UK to the Grand [...]
What was the point of the European Convention on Human Rights? – Dr Ed Bates
Posted in In the news on March 21, 2011 | 8 Comments »
On 8 March 1951, sixty years ago this month, the UK ratified the European Convention on Human Rights (ECHR). Two things are often said about what was expected of the Convention back in 1951. First, it was only ever intended to establish a system that would protect against the types of severe human rights [...]
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Recommended- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012Supreme Court rules by 5-2 majority that Julian Assange must be extradited to Sweden. Definition of "judicial authority" is a wide one.
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- Case law
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- MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012) May 18, 2012Secretary of State acted lawfully in not ordering independent inquiry into 2009 protest at Immigration Detention Centre. Challenge by children separated from parents during protest and claiming pschiatric damage as result.
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UKHRB on Twitter
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Adam Wagner on Twitter
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Purpose, policy and publication: Analysis of Lumba ruling
Posted in Art. 5 | Right to Liberty, Case comments, Criminal, Damages, In the news, Politics / Public Order, Prisons, Public/Private on March 30, 2011 |
Lumba v Secretary of State for the Home Deparment – a case of driving government policy further underground? We have already reported on this appeal by three foreign nationals who have served sentences of imprisonment in this country (“FNPs”). They were detained pursuant to Schedule 3 of the Immigration Act 1971 and their challenge to [...]
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