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Archive for June, 2011

More poor human rights reporting on Somali foreign criminals case

Posted in Art. 3 | Torture / Inhumane Treatment, European, Immigration/Extradition, In the news, Media, Poor reporting on June 30, 2011 |

In today’s Daily Express, Stephen Pollard has written an article entitled We must regain right to kick out foreign criminals. There is a lot wrong with the article, not least the misrepresentation – not for the first time, either – of a 2007 case involving the failed deportation of headmaster Philip Lawrence’s killer. Pollard is responding [...]

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No removal of foreign criminals to failed states

Posted in In the news on June 30, 2011 |

Sufi and Elmi v United Kingdom – 8319/07 [2011] ECHR 1045 (28 June 2011) – Read judgment Somalia has been without a functioning government since 1991, riven, since then, by violence between rival clans and sub-clans and largely at the mercy of extreme Islamist groups with one aim in common: sabotaging any efforts by the [...]

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Human rights in some but not all disciplinary hearings at work, rules Supreme Court

Posted in Art. 6 | Right to Fair Trial, Case summaries, Disciplinary Proceedings, Education on June 29, 2011 | 2 Comments »

R (on the application of G) (Respondent) v The Governors of X School (Appellant) [2011] UKSC 30 – Read judgment / press summary The Supreme Court has ruled unanimously that Article 6 of the European Convention on Human Rights, the right to a fair trial, is engaged in internal disciplinary proceedings if the will have [...]

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Lady Hale on access to justice, legal aid and staying at The Ritz

Posted in Art. 6 | Right to Fair Trial, Costs and Procedure, In the news, Judges and Juries, tagged on June 28, 2011 | 1 Comment »

As reported by Guardian.co.uk, Lady Hale, one of the 12 UK Supreme Court justices, has said in a speech to The Law Society that the government’s proposed reforms to legal aid will have a “disproportionate effect upon the poorest and most vulnerable in society“. Although the current crop of senior judges has not been afraid [...]

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Lord Rodger passes away

Posted in In the news, tagged on June 28, 2011 |

Supreme Court justice Lord Alan Rodger of Earlsferry sadly passed away on Sunday at the age of 66 after a short illness.  Lord Rodger was in the first group of 12 Supreme Court justices and was one of the two Scottish judges at the court. The Supreme Court broadcast a tribute today via its new Supreme Court Live service. [...]

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A “shameful” bill? – The human rights roundup

Posted in In the news, tagged , on June 27, 2011 |

Welcome back to 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. Beginning with sad news, Lord Alan Rodger of Earlsferry, one of the justices of the Supreme Court, died yesterday. A [...]

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Bill of Rights Commission on politics, preconceptions and football metaphors

Posted in Bill of Rights, European, In the news, Judges and Juries, tagged on June 27, 2011 | 6 Comments »

Members of the UK Bill of Rights Commission, an independent body asked by the government to investigate the case for a UK Bill of Rights, has been giving evidence to the Political and Constitutional Reform Committee (transcripts here: part 1, part 2). The sessions give an interesting if predictable insight into the likely discussions between the [...]

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Judicial review golden goose has narrow escape in Supreme Court

Posted in Art. 6 | Right to Fair Trial, Article 13 | Effective remedy, Case comments, In the news, Judges and Juries on June 24, 2011 | 1 Comment »

R (on the application of Cart) (Appellant) v The Upper Tribunal (Respondent); R (on the application of MR (Pakistan)) (FC) (Appellant) v The Upper Tribunal (Immigration & Asylum Chamber) and Secretary of State for the Home Department (Respondent) [2011] UKSC 28, 22/6/2011 – read judgment; press summary here Unappealable decisions of the Upper Tribunal are still subject to judicial review by the High Court, [...]

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Admissibility of hearsay evidence at General Medical Council hearing breached right to fair trial

Posted in Art. 6 | Right to Fair Trial, Case comments, Case summaries, Disciplinary Proceedings, Medical on June 22, 2011 |

R (Bonhoeffer) v General Medical Council [2011] EWHC 1585 (Admin) – read judgment This post was coauthored by Richard Mumford and Joanna Glynn QC. Kieran Coonan QC and Neil Sheldon of 1 Crown Office Row appeared for the claimant in this case. On 21 June 2011 the Divisional Court held to be “irrational and … [...]

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Legal Aid, Sentencing and Punishment of Offenders Bill – the aftermath

Posted in In the news on June 22, 2011 | 7 Comments »

Updated | Yesterday saw the release of the Government’s flagship justice bill, the Legal Aid, Sentencing and Punishment of Offenders Bill. There is a lot in the bill. In terms of its long term effect on the justice system, the most important parts relate to legal aid and litigation funding; that is, the options available to [...]

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Tiny cells, violence and language barriers: the life of a European prisoner?

Posted in Art. 3 | Torture / Inhumane Treatment, Criminal, European, Immigration/Extradition, In the news, International, Prisons, tagged , on June 22, 2011 | 2 Comments »

The European Commission has begun a consultation process to explore the impact of pre-trial detention in the European Union (EU). The particular focus, summarised in its Green Paper, is how pre-trial detention issues affect judicial co-operation generally within the EU. The issue is being debated at the moment in the UK, with a group of MPs urging [...]

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Legal Aid, Sentencing and Punishment of Offenders Bill published

Posted in In the news on June 21, 2011 | 1 Comment »

The long-awaited Legal Aid, Sentencing and Punishment of Offenders Bill has been published. I have reproduced it below via Scribd. The Ministry of Justice’s press release is here. The Ministry of Justice has also released its response to its formal consultation on legal aid reforms (also reproduced via Scribd below the page break). The Bill contains: [...]

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Beanstalks, bad press and the death of juries? – The Human Rights Roundup

Posted in In the news on June 21, 2011 | 1 Comment »

Welcome back to 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: Continuing with their assessment of the UK’s law and legal system, the Law and Lawyers’ blog has [...]

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The last tango of the fag packet machine?

Posted in Case comments, European, In the news, Margin of Appreciation, Protocol 1 Art. 1 | Peaceful enjoyment of property on June 20, 2011 | 2 Comments »

Sinclair Collis Ltd, R (o.t.a) v. The Secretary of State for Health [2011] EWCA Civ 437 read judgment here Sinclair Collis own cigarette machines, some 20,000 of them. So when cigarette machines were banned by law, there was nowhere for their owners to go, apart from the Courts. On Friday, the Court of Appeal dismissed their challenge to [...]

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Hey, teacher! Leave those cornrows alone

Posted in Art. 14 | Anti-Discrimination, Art. 9 | Thought/Conscience/Religion, Children, Discrimination, Education, In the news, tagged on June 20, 2011 | 5 Comments »

Updated | SG v St Gregory’s Catholic Science College [2011] EWHC 1452 (Admin) (17 June 2010) – Read judgment Most people have their first taste of injustice at school. This is hardly surprising: an institution containing hundreds of teenagers for whom rebellion is a biological imperative is always going to be difficult to control. In [...]

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