Twitter reveals, more privacy, drug courts – The Human Rights Roundup

31 May 2011 by Graeme Hall

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. Happy post Bank Holiday reading!

by Graeme Hall

In the news:

Whilst the Neuberger Committee’s report is arguably the best place to kick-off any discussion on privacy, freedom of expression and Super-Injunctions, it is not, as Inforrm’s blog concludes, the “last word” on the matter. Indeed, this “overinflated topic” has been tackled with such gusto by the press and blogosphere that the High Court clearly gave a yellow card for “widespread disobedience“.

The Superior Court of California’s recently reported decision forcing Twitter to hand over the details of its users to South Tyneside Council is also potentially important. However, to save falling foul of our many readers who believe that the press has dined out far too much on this topic, a selection of recent press and blog news items is included for you to pick and choose à la carte and digest at your leisure:

• A digest of recent news (1) – UK judgments May 30, 2011, RPC Privacy Blog (The latest news in privacy law)
• “Super-injunctions”, Twitter and Gagging the Press  May 27, 2011, Mark Thompson, Inforrm’s Blog
• A matter of will: Privacy injunctions May 26, 2011, Editorial, The Guardian
• There is more to privacy law than injunctions on secrets 25 May, 2011, Joshua Rozenberg, guardian.co.uk
• Constitutional conundrums 25 May 2011, Baroness Deech, Lords of the Blog
• SOME REFLECTIONS ON SUPER-INJUNCTIONS AND PARALLEL UNIVERSES 23 May 2011, Panopticon Blog

The Small Places blog has an instructive piece about the differing legal requirements for those lacking capacity who are deprived of their liberty in hospitals, as against those living in care homes. Whilst direct comparison between incapacity law and the celebrity world of Super-Injunctions may seem to be a long-shot, Alasdair Henderson’s recent post shows that privacy is a live issue here, too.

Jon Robins remarks on the positive outcome the piloted family drug and addiction court is having on keeping together families blighted by addiction. Nonetheless, with funding secured for only another year, this article is a timely reminder of the potentially catastrophic impact legal aid budget cuts will have, both on the most vulnerable and society as a whole. If you are interested in specialist courts, see Adam Wagner’s post from September on mental health courts.

And last but by no means least, a hearty congratulations to the winners of the Young Human Rights Reporter of the Year 2011 competition; a competition for seven to 14 year olds run jointly by the Guardian and Amnesty International UK. Click here for the winners and the shortlisted candidates.

Another detailed roundup of human rights law news can be found on the Law Think Blog.

In the courts:

Shoesmith, R (on the application of) v OFSTED & Ors [2011] EWCA Civ 642 (27 May 2011): Direction under Education Act 1996 to remove Director of Children’s Services was unlawful as did not follow fair procedure – See posts by Obiter J and Adam Wagner

Bashir, R (on the application of) v The Independent Adjudicator [2011] EWHC 1108 (Admin): Prison rules conviction for failure to provide urine sample quashed as Muslim prisoner legitimately fasting before court appearance. Article 9 breached – see this case note from Garden Court North chambers

Sultan of Pahang, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 616 (25 May 2011): Sultan of Pahang not entitled to diplomatic immunity as Pahang is sultanate of Malaysia, not a state for purpose of immigration rules.

CTB v News Group Newspapers Ltd & Anor [2011] EWHC 1334 (QB) (23 May 2011): Footballer privacy injunction maintained despite his name being revealed in Parliament – to prevent harassment by press.

CD v Secretary of State for the Home Department [2011] EWHC 1273 (Admin) (20 May 2011): Forced relocation of terrorist suspect from London to Rochdale under control order was lawful, but Home Office must pay travel costs for family visits.

Shepherd Masimba Kambadzi (previously referred to as SK (Zimbabwe)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2011] UKSC 23: Supreme Court rules detention of foreign national prisoner unlawful as Home Office failed to review regularly. Entitled to damages claim. Our coverage coming soon.

Fraser (Appellant) v Her Majesty’s Advocate (Respondent) [2011] UKSC 24: Nat Fraser murder conviction quashed. Court applied wrong test for unfair trial. Remitted to Scots court on question of retrial.

FA (Iraq) (FC) (Respondent) v Secretary of State for the Home Department (Appellant): Supreme Court refers humanitarian protection appeal rights question to Court of Justice of European Union. See Rosalind English and Adam Wagner’s coverage

Bryant & Ors, R (on the application of) v The Commissioner of Police of the Metropolis [2011] EWHC 1314 (Admin) (23 May 2011): Arguable case that article 8 ECHR (right to privacy) obliges police to inform victims of phone hacking. Permission to JR granted.

CTB v News Group Newspapers Ltd & Anor [2011] EWHC 1326 (QB) (23 May 2011) : High Court refuse to vary Imogen Thomas privacy injunction despite widespread speculation of identity in social media.

Buglife, R (on the application of) v Natural England [2011] EWHC 746 (Admin) (30 March 2011): Important environmental high court decision. 3 month and “promptly” Judicial Review time limit contrary to Euro law. Not necessary to bring enviro claims promptly as long as within 3 months. See David Hart QC’s post.

Finally, remember to take a look at our recent posts:

• The power of unelected judges – Part 2 of 2 May 30, 2011 Adam Wagner
• The power of unelected judges – Part 1 of 2 May 30, 2011 Adam Wagner
• Old laws v. new policies: Parliamentary privilege but not a footballer in sight May 28, 2011 David Hart QC
• Sharon Shoesmith wins her appeal – Obiter J May 27, 2011 1 Crown Office Row
• Murder, miscarriage of justice and Scots judicial autonomy May 27, 2011 Rosalind English
• Let’s talk about sex May 26, 2011 Adam Wagner
• Murder, toil and trouble – three new Supreme Court judgments May 25, 2011 Adam Wagner
• Police may have duty to inform victims of phone hacking May 25, 2011 Adam Wagner
• Closing the escape hatch for foreign criminals? May 25, 2011 Maria Roche
• Must lawyers blog and tweet? May 24, 2011 Adam Wagner