The Mayor Commonality and Citizens of London – v - Samede, Barda, Ashman, Randle-Jolliffe, Moore and Persons Unknown [2012] EWCA Civ 160 – Read judgment Members of the Occupy London Movement who have been occupying an area close to St Paul’s Cathedral have had their applications for permission to appeal the decision of the lower court to evict them refused [...]
Archive for February, 2012
Analysis: Occupy London loses final eviction court challenge
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Case summaries, In the news, tagged Occupy London, protest camp on February 29, 2012 |
My witness statement to the Leveson Inquiry – Part 1/2
Posted in Art. 10 | Freedom of Expression, In the news, Media on February 29, 2012 | 2 Comments »
Last month I was asked to provide a witness statement to the Leveson Inquiry into Culture, Practice and Ethics of the Press. Yesterday it was “read into evidence”, which means I can now publish it. You can download the entire statement here, and I have reproduced (what I think are) the interesting bits below and [...]
Judge releases court papers in hacking cases
Posted in In the news on February 29, 2012 |
Application by Guardian & Various Claimants v. NGN & Mulcaire- read judgment A high court judge has allowed the media unrestricted access to documents submitted to the court for use in litigation by victims of phone hacking who have now reached settlements with News Group Newspapers (NGN). Full disclosure of this material was resisted by [...]
Draft declaration on British ECHR reform plans leaked – Antoine Buyse
Posted in Bill of Rights, European, In the news, tagged European Court of Human Rights, principle of subsidiarity on February 29, 2012 | 4 Comments »
Updated | The French translation of the draft of the so-called ‘Brighton Declaration’ (the seaside city where state parties to the ECHR will meet in April to discuss reforms of the Court and the Convention) has been leaked after the UK government refused to circulate the text publicly. Last week, the draft was presented to the Ministers’ deputies of [...]
The democratic legitimacy of human rights
Posted in 1COR, CONVENTION RIGHTS, European, International, Lectures, tagged constitution, ECHR, human rights conventions, judiciary on February 28, 2012 | 6 Comments »
Why should we bother with the European Convention on Human Rights? Many of those that would never contemplate leaving the ECHR still question whether we should abide by controversial decisions such as those on prisoners’ voting rights or deportation. UCL’s Professor Richard Bellamy attempted to answer this question at the Statute Law Society’s talk on [...]
Boat owners, bullying and the British Waterways Board
Posted in In the news on February 28, 2012 | 2 Comments »
Moore v British Waterways Board [2012] EWHC 182 (Ch) – read judgment From time to time, the courts are called upon to explain who holds the power to order people about, and why they have it. In Roger Deakin’s classic celebration of swimming the wild waterways of Britain, his one grouse is against the officiousness and [...]
Legal claims can now be served via Facebook, rules High Court
Posted in In the news on February 27, 2012 | 3 Comments »
Social networking sites may now be used to serve claims where there are difficulties in locating one of the parties. In a commercial case involving claims against a broker for overcharging commission, the claimants were not sure of the broker’s last known address. They served a claim at this address but also sought permission [...]
Student fees, access to justice and Leveson Part II – The Human Rights Roundup
Posted in In the news, Roundup, tagged human rights, immigration rules on February 26, 2012 |
Welcome back to the human rights roundup, your weekly buffet of human rights news. 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 Legal aid reforms The proposed reforms to legal aid are divisive: they are either [...]
Italy lose in Europe over asylum seeker boat interception – Henry Oliver
Posted in Art. 3 | Torture / Inhumane Treatment, Article 13 | Effective remedy, Case law, Case summaries, Immigration/Extradition, International, tagged European Convention on Human Rights, European Court of Human Rights, italian ships, refugee status on February 26, 2012 |
Hirsi Jamaar and Others v. Italy (Application no. 27765/09) – Read judgment The European Court of Human Rights has held that a group of Somalian and Eritrean nationals who were intercepted by Italian Customs boats and returned to Libya fell within the jurisdiction of Italy for the purposes of Article 1 of the European Convention on Human [...]
First they came for the journalists…
Posted in Art. 10 | Freedom of Expression, BLOG POSTS, CONVENTION RIGHTS, In the news, International, tagged Geneva Convention, international humanitarian law, journalism, Marie Colvin, Syria, war correspondents on February 23, 2012 | 3 Comments »
News of the deaths of Sunday Times reporter Marie Colvin and French photographer Remi Ochlik and the serious injuries of photographer Paul Conroy and Edith Bouvier, a freelance journalist reporting for Le Figaro, from a mortar shell that hit the building in Homs, Syria that they were using as makeshift media centre has saddened and shocked reporters and readers. So [...]
Crimes committed by victims of human trafficking – should they be prosecuted?
Posted in Art. 3 | Torture / Inhumane Treatment, Criminal, In the news, tagged crime, Crown Prosecution Service, human trafficking on February 22, 2012 | 3 Comments »
R v N; R v LE [2012] EWCA Crim 189 – read judgment This was the first occasion when the Court of Appeal has considered the problem of child trafficking for labour exploitation. It has not previously been subject to any close analysis following the coming into force in 2005 of the European Convention on [...]
Michael Gove’s full letter on homophobic teaching materials in schools
Posted in Art. 10 | Freedom of Expression, Art. 14 | Anti-Discrimination, Discrimination, In the news, Poor reporting, Religion, tagged Equality Act, gay discrimination, michael gove, trade union congress on February 22, 2012 | 3 Comments »
The Trade Union Congress have sent me the full letter (download here) which Education Secretary Michael Gove sent to its leader Brendan Barber in relation to a complaint about seemingly homophobic booklets distributed to Roman Catholic schools in Lancashire. The letter which Mr Barber sent to Mr Gove is here. I complained in this post [...]
Keeping it controversial: Religion, deportation and open justice – The Human Rights Roundup
Posted in Roundup, tagged Equality Act, human rights, human rights news, intelligence services act, michael gove on February 20, 2012 |
Welcome back to the human rights roundup, your recommended weekly dose of human rights news. 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 Religion and the State Following on from last week’s ruling from the High Court [...]
Belgium bitten by Aarhus – again
Posted in Case comments, Case law, Environment, European on February 19, 2012 |
Solvay, CJEU, 16 February 2012 read judgment This case is a sequel to C-128/09 Boxus, CJEU, 18 October 2011, for which see my post. Boxus was a reference from the Belgian Conseil d’Etat. Solvay was a reference from the Belgian Constitutional Court, with a wide set of questions asking, in effect, whether ratification by the Walloon Parliament of [...]
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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.
- Supreme Court judgment: Assange v Swedish Judicial Authority - Carl Gardner May 30, 2012
- Julian Assange's extradition stayed thanks to quick legal footwork | Joshua Rozenberg | Law | guardian.co.uk May 30, 2012
- New Judgment: Assange v The Swedish Judicial Authority [2012] UKSC 22 May 30, 2012
- What if Julian Assange loses in the Supreme Court? May 29, 2012
- Secret justice concessions won't silence its critics | The Spectator May 29, 2012
- ICLR's case summaries are now on Guardian Law | Daniel Hoadley | Law | guardian.co.uk May 29, 2012
- The High Court is unable to agree on Twitter Joke Trial appeal - David Allen Green May 28, 2012
- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012
- Case law
- 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.
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012ECtHR Grand Chamber: automatic and indiscriminate disenfranchisement of prisoners unlawful but up to individual states how to implement changes were such a ban exist
- Dishonesty in entry clearance applications May 21, 2012An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of Article 8
- 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.
- British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012) May 17, 2012Sky, BBC, ITN etc. succeed in JR of decision by court to order production of 100+ hours of video footage to Essex Police of Dale Farm protesters: "... there were no reasonable grounds for believing that the footage of over 100 hours included material likely to be of substantial value to the investigation"
- Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012) May 16, 2012Supreme Court: paying child tax credit to "main" care giver not discriminatory under art.14 ECHR to father caring for child 3 days per week. The specific test for justifying discrimination in the context of state benefits is that with questions of social and economic strategy the Court will generally respect the legislature’s policy choice unless i […]
- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012
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UKHRB on Twitter
- #Assange loses SC appeal 5 votes to 2. Like to be #ECtHR application to block #extradition 4 hours ago
- #Assange Supreme Court decision imminent bbc.co.uk/news/uk-182594… #extradition 5 hours ago
- Also fresh on the blog- The Erika: Cour de Cassation has its thinking cap on by David Hart QC ukhumanrightsblog.com/2012/05/29/the… 5 hours ago
- Good morning all, @IsabelMcArdle here. Justive and Security Bill- the govt is not for turning by Angela Patrick ukhumanrightsblog.com/2012/05/29/jus… 5 hours ago
Adam Wagner on Twitter
- RT @simonmckay: Catt v Metropolitan Police. Important case on #protest and #dataretention. Would be surprised if it was not appealed:htt ... 50 minutes ago
- For anyone who hasn't read it > Justice & Security Bill: Government is not for turning - Angela Patrick of @justicehq: wp.me/pJiO3-3Gc 1 hour ago
- RT @CrowtherSimon: Excellent piece by @justicehq's Angela Patrick on Just& Sec Bill on @ukhumanrightsb ukhumanrightsblog.com/2012/05/29/jus… #secretj ... 1 hour ago
- RT @I_am_peevee: @AdamWagner1 @gideonconn "and excellent artist"... 1 hour ago
- My friend and brilliant musician @GideonConn has a brand new video: youtube.com/watch?v=tX-ZrZ… 1 hour ago
- Excellent from @joshuarozenerg on the potentially embarrassing mess surrounding the #Assange ruling is.gd/4Qs0h3 1 hour ago
- Recent posts
- The Erika: Cour de Cassation has its thinking cap on May 29, 2012 David Hart QC
- Justice and Security Bill: The Government is not for turning – Angela Patrick May 29, 2012 1 Crown Office Row
- We need to think about Kevin May 29, 2012 Rosalind English
- Key Justice and Security Bill resources May 29, 2012 Adam Wagner
- Free Speech at Work: A 1COR Seminar and Mock Trial – Wed 27th June May 29, 2012 1 Crown Office Row
- Time and time again: Article 6 to the rescue May 27, 2012 David Hart QC
- Prisoner voting, Bratza’s replacement and peaceful protest – The Human Rights Roundup May 27, 2012 Wessen Jazrawi
- The case for letting prisoners vote – Reuven Ziegler May 24, 2012 1 Crown Office Row
Disclaimer
Poor not singled out by rise in university fees, rules court
Posted in Case comments, Education, In the news, Politics / Public Order, Protocol 2 Art. 1 | Right to education, Spending cuts on February 22, 2012 | 1 Comment »
Hurley and Moore v Secretary of State for Business, Innovation and Skills [2012] EWHC 201- read judgment This judgment, the latest in an expanding list of decisions on challenges to the Coalition government’s spending cuts, is an interesting example of judicial restraint and deference to the government on issues of macro-policy, at a time when [...]
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