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Archive for October, 2011

Aarhus shows its teeth to Belgium

Posted in Case comments, Case law, Environment, European on October 31, 2011 |

C-128/09 Boxus, CJEU, 18 October 2011 Belgium and its airports seem to have been skirmishing with the European Union Courts for some time now. First, in 2008, the ECJ in Abraham decided that a major and well-established expansion of Liege-Bierset airport required Environmental Impact Assessment (EIA), contrary to the contentions of the airport and its operators. Our case, Boxus, concerns [...]

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The Supreme Court’s terrible twos?.. The Human Rights Roundup

Posted in In the news, Roundup, tagged on October 30, 2011 | 5 Comments »

Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. In the news The Supreme Court and the European Court of Human Rights have featured prominently in the legal news this week. Let’s find out why. The Supreme [...]

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Air quality and legitimate expectation: the full judgment in the Cornwall Waste Forum case

Posted in Case comments, Case law, Environment, European, In the news on October 28, 2011 |

R (o.t.a Cornwall Waste Forum, St Dennis Branch) v Secretary of State for Communities and Local Government [2011] EWHC 2761 (Admin) Collins J, 13 October 2011 I did a recent post on this case based upon a very short report; the full transcript of the judgment is now available. The case concerns who is to decide issues of air quality [...]

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Is the Attorney General right on prisoner votes and subsidiarity? – Dr Ed Bates

Posted in Article 13 | Effective remedy, European, In the news, International, Politics / Public Order, Protocol 1 Art. 3 | Free elections, tagged on October 27, 2011 | 9 Comments »

In his speech earlier this week the Attorney General announced that he would appear in person before the Grand Chamber of the European Court of Human Rights in two weeks’ time, when it hears Scoppola v Italy No2, a case concerning prisoner voting. The United Kingdom is due to intervene in this case, for reasons [...]

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Times can use leaked Police documents in libel defence

Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Defamation / Libel, Freedom of Information, Police on October 25, 2011 |

Commissioner of Police of the Metropolis & Anor v Times Newspapers Ltd & Anor [2011] EWHC 2705 (QB) (24 October 2011) – Read judgment. Mr Justice Tugendhat has held that, with restrictions, The Times Newspapers Ltd (TNL)  should be allowed to use information from leaked documents in its defence to a libel claim brought by [...]

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A grown-up speech on human rights reform

Posted in European, In the news, Politics / Public Order, tagged , on October 25, 2011 | 5 Comments »

At around the same time that 79 Conservative Party MPs were rebelling over a European referendum, the Conservative Attorney General was giving a very interesting speech entitled European Convention on Human Rights – Current Challenges. In a month in which the Justice Secretary called part of the Home Secretary’s speech on human rights “laughable” and [...]

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Right to family life should not interfere with EU system for allocating asylum responsibility

Posted in In the news on October 24, 2011 | 1 Comment »

N.A. (Iran) v Secretary of State for the Home Department  [2011] EWCA Civ 1172 – read judgment  This application raises a significant issue about the treatment of vulnerable asylum-seekers and their children following certification of their claim as clearly unfounded. It concerned the interface between state authorities’  obligations under the EU system of determining responsibility [...]

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Two great UK Bill of Rights events

Posted in Bill of Rights, In the news, tagged on October 24, 2011 |

The Commission on a Bill of Rights consultation is closing on 11 November 2011, which is two weeks on Friday. If you trying to decide what you think about the consultation paper (the paper itself is unlikely to help much, as it doesn’t provide any options), then there are two excellent events coming up which may help.   [...]

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European stem cells, Hackgate and injunctions – The Human Rights Roundup

Posted in In the news, Roundup, tagged on October 24, 2011 |

Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. In the news: Privacy and the media Last week Lord Judge LCJ gave a speech on “press regulation” at Justice’s Annual Human Rights Law Conference. His speech was [...]

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Can Britain “ignore Europe on human rights”?

Posted in European, Poor reporting, tagged on October 23, 2011 | 15 Comments »

Headlines are important. They catch the eye and can be the only reason a person decides to read an article or, in the case of a front page headline, buy a newspaper. On Thursday The Times’ front page headline was “Britain can ignore Europe on human rights: top judge”. But can it? And did Lord [...]

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Extradition review could improve European Arrest Warrants – Rebecca Shaeffer

Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, European, Immigration/Extradition, In the news on October 22, 2011 | 2 Comments »

Adam Wagner’s October 19th post on Sir Scott Baker’s Extradition Review Panel report  noted that the document “mostly backed the status quo,” calling attention to its rejection of proposed reforms to the  “forum bar” rule, the US/UK Treaty, and the lack of a  prima facie case requirement.   While it’s true that the Report left much [...]

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Ministry of Justice on Aarhus and environmental judicial review: its get out of jail card?

Posted in Costs and Procedure, Environment, European, Features, In the news, International on October 22, 2011 |

Cost Protection for Litigants in Environmental Judicial Review Claims  In this consultation announced this week, the Ministry of Justice is trying to get itself out of the multiple Aarhus problems facing UK justice. Infraction proceedings are threatened in the EU Court, and adverse conclusions were reached by Aarhus Compliance Committee; all  much posted about on this blog, for which see [...]

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More cuts: Library closure challenge fails

Posted in Case comments, Children, Education, Politics / Public Order, Protocol 2 Art. 1 | Right to education, Spending cuts, tagged , on October 20, 2011 | 4 Comments »

Updated | Bailey & Others v London Borough of Brent Council [2011] EWHC 2572 (Admin) – Read judgment Every Wednesday my daughter looks forward to the arrival of the mobile library at her nursery.  Two by two the children go into the little world of books and emerge holding a new story they have chosen for [...]

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One Justice to rule them all… the Human Rights Roundup

Posted in In the news, Roundup, tagged on October 20, 2011 |

Welcome back to the human rights roundup, a regular bulletin of everything we have not managed to feature in full blog posts. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. In the news The UK Supreme Court under the spotlight Last week the [...]

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More secret justice on the horizon

Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Criminal, Freedom of Information, In the news, Judges and Juries, Politics / Public Order, Secret justice, Terrorism, tagged on October 19, 2011 |

The Cabinet Office has released its long awaited (by this blog at least) Justice and Security Green Paper, addressing the difficult question of to what extent the state must reveal secret information in court proceedings. A consultation has been launched on the proposals; responses can be sent via email by Friday 6 January 2012. The [...]

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