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Archive for July, 2011

Mobile masts and grid references get to Europe

Posted in Environment, European, Freedom of Information, In the news on July 29, 2011 | 1 Comment »

Case C-71/10 Ofcom v. Information Commissioner, Court of Justice of the European Union: Read judgment I posted previously on the Advocate-General’s opinion in March 2011, Office of Communications v. Information Commissioner, a reference from the UK Supreme Court. An epidemiologist working for the Scots NHS wanted the grid references of mobile phone masts. This was refused, [...]

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Family courts guide to Media Access & Reporting

Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Family, In the news on July 29, 2011 | 1 Comment »

Updated | The family courts in conjunction with the Judicial College and the Society of Editors have has published a Guide to Media Access and Reporting. It has been written by two barristers, Adam Wolanski and Kate Wilson. It seeks to address “the tension between concerns about “secret justice” and legitimate expectations of privacy and confidentiality [...]

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Analysis – Daily Mirror and The Sun in contempt over Jo Yeates murder case

Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Case comments, Defamation / Libel, Media, tagged , on July 29, 2011 | 1 Comment »

Her Majesty’s Attorney-General Claimant – and – (1) MGN Limited Defendants (2) News Group Newspapers Limited – Read judgment The High Court has found that the Daily Mirror and The Sun were in breach of the Contempt of Court Act 1981 (1981 Act) in relation to their reporting of the Jo Yeates murder case. The [...]

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Nuclear test veterans appeal to be heard by Supreme Court

Posted in Art. 6 | Right to Fair Trial, Case summaries, Damages, Medical, Personal Injury on July 29, 2011 | 1 Comment »

On Thursday 28th July, the Supreme Court heard a “permission to appeal” argument in the British nuclear testing case.  The judgment to be appealed is that of the Court of Appeal Civil Division in Ministry of Defence v AB and others[2010] EWCA Civ 1317 – (Smith and Leveson LJJ and Sir Mark Waller).   In terse legalese, [...]

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Police misconduct doesn’t always mean that accused walks free

Posted in In the news on July 28, 2011 |

R v Maxwell [2010] UKSC 48 – read judgment This case concerned the question of what should happen to a conviction when it turns out that it is based on pre-trial malpractice by the police (this time involving evidence from a “supergrass”), where there is nevertheless other strong evidence of the defendant’s guilt. If the pre-trial irregularity is sufficiently [...]

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Public purse stays closed for morbidly obese man

Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case comments, Margin of Appreciation, Medical on July 28, 2011 | 1 Comment »

Condliff, R (on the application of) v North Staffordshire Primary Care Trust [2011] EWCA Civ 910 – Read judgment A morbidly obese man has lost his appeal against his local Primary Care Trust’s (PCT’s) refusal to fund his anti-obesity surgery. The Court of Appeal ruled that the PCT had no obligation under Article 8 of [...]

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Just when you thought they were extinct: human rights environmental case succeeds

Posted in Environment, In the news, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property on July 27, 2011 |

Update | Thomas v. Bridgend County Borough Council [2011] EWCA Civ 862, Court of Appeal. Read judgment Conventional wisdom has it that an Article 1 Protocol 1 (the human right to peaceful enjoyment of property) environmental claim faces all sorts of difficulties. The claimants may have a right to the peaceful possession of property, but that right is immediately [...]

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Detainee Inquiry takes shape, responds to criticisms

Posted in Art. 3 | Torture / Inhumane Treatment, In the news, Inquests and Inquiries, Terrorism, tagged on July 26, 2011 | 4 Comments »

The Terms of Reference and the Protocol for the Government’s impending Detainee Inquiry have recently been published. The Protocol makes clear that the Inquiry is to be granted unfettered access to a broad range of information, but the limitations on the publication of that information have prompted criticism from human rights groups. On 6th July [...]

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Whose law is it anyway?

Posted in Art. 6 | Right to Fair Trial, Freedom of Information, In the news, Judges and Juries on July 26, 2011 | 1 Comment »

What is a “tort”? No,  not a rich multilayered cake, but rather an “actionable wrong”. Tort law is also the means through which five Kenyans alleging they were mistreated in British detention camps in the 1950s may get damages. How do I know this? Because Mr Justice McCombe told me in a helpful summary of his judgment [...]

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Can “family ties” in Article 8 terms arise out of mere financial dependency?

Posted in Art. 8 | Right to Privacy/Family, Case comments, Case summaries, European, Immigration/Extradition, In the news, Social Care on July 25, 2011 |

A A O v Entry Clearance Officer [2011] EWCA Civ 840 - read judgment   1 Crown Office Row’s Sarabjit Singh appeared for the Respondent in this case. He is not the writer of this post. “No”, seems to be the Court of Appeal’s answer to the question posed by the heading above; indeed Rix LJ goes [...]

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Hallett, Hookway and Hacking – The Human Rights Roundup

Posted in In the news, Roundup, tagged on July 25, 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. You can also find our table of human rights cases here. In the news last week… In a short speech to [...]

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Religious freedom does not stop at the prison gates – Part 2

Posted in Art. 9 | Thought/Conscience/Religion, Case comments, Case summaries, In the news, Prisons, Religion on July 21, 2011 | 3 Comments »

Jakobski v Poland (December 2010) – read judgment Mahayana Buddhists have profound moral objections to eating meat. According to the rules, a Mahayana Buddhist should avoid eating meat to cultivate compassion for all living beings. Even peaceable Buddhists commit crimes sometimes and go to prison. Meat free diets however are not available in all European [...]

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The book that all family practitioners wish they had written

Posted in Art. 6 | Right to Fair Trial, Family, In the news, tagged on July 21, 2011 |

Review: Family Courts without a Lawyer: A Handbook for Litigants in Person – Lucy Reed – Buy book here Family Courts without a Lawyer : A Handbook for Litigants in Person is written by Lucy Reed, barrister and author of the Pink Tape blog. A title that may, on its first reading, strike fear into [...]

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Ratcliffe climate change protesters acquitted on appeal

Posted in Art. 6 | Right to Fair Trial, Criminal, Environment, In the news on July 20, 2011 | 1 Comment »

Barkshire & others v. R.     Read Judgment The remaining Ratcliffe on Soar climate change prosecution reached the Court of Appeal on Tuesday, and led to appeals being allowed today. We have covered this trial, here and here, most recently on the collapse of a second prosecution after the revelation of activities by an undercover police officer. The Court of Appeal was [...]

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Terrorism off the agenda, for now

Posted in Art. 5 | Right to Liberty, Art. 8 | Right to Privacy/Family, Criminal, In the news, Terrorism on July 20, 2011 |

Updated |The UK public only really worries about terrorism after an attack or a credible threat of one. Certainly, at the moment, it would take a serious threat to knock the Shakespearean drama of phone-hacking off the front pages. Nevertheless, the government and others continue their efforts to contain the threat, and it is perhaps a sign of [...]

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