This is an expanded version of a comment made on Adam Wagner’s post: Should more trials be held in secret? Our recent post highlights the Government’s consultation on the Justice and Security Green Paper. Having been involved as a Special Advocate in many hearings involving closed material, I am troubled about these proposals, as well [...]
Archive for the ‘1COR’ Category
Should more trials be held in secret? Part 2: A Special Advocate’s comment
Posted in 1COR, Art. 6 | Right to Fair Trial, BLOG POSTS, In the news, Politics / Public Order, Terrorism on December 1, 2011 | Comments Off
Unlawful mental health detention – who is to blame?
Posted in 1COR, Art. 5 | Right to Liberty, Case summaries, In the news, Medical, Mental Health on January 20, 2011 | 1 Comment »
TTM (By his Litigation Friend TM) v London Borough of Hackney, East London NHS Foundation Trust; Secretary of State for Health – Read judgment The Court of Appeal has ruled that the local authority, but not the detaining hospital, was liable to pay compensation to a person who had been unlawfully detained under Section 3 [...]
The Redfern Inquiry: the latest investigation into the removal and retention of human tissue
Posted in 1COR, BLOG POSTS, Case summaries, Environment, In the news, Inquests and Inquiries, Medical, Personal Injury on December 31, 2010 | Comments Off
November saw the publication of the report of the Redfern Inquiry into human tissue analysis in UK nuclear facilities (read the report, here). The inquiry was the latest in a number of investigations looking at the post mortem removal, retention and disposal of human body parts by medical and other bodies, and the extent to [...]
Protecting child claimants from “fortune hunters and thieves”
Posted in 1COR, Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, BLOG POSTS, Case comments, Case law, Case summaries, Children, Costs and Procedure, Family, Freedom of Information, Medical, Mental Health, Personal Injury on November 11, 2010 | Comments Off
Updated | JXF (a child) v York Hospitals NHS Foundation Trust [2010] EWHC 2800 (QB) – Read judgment Mr Justice Tugendhat has held that the High Court should withhold the identity of a child claimant when approving the settlement of a clinical negligence case. The decision represents a restatement of the orthodox principle that cases should [...]
When, and when not, to prosecute victims of human trafficking
Posted in 1COR, Art. 10 | Freedom of Expression, Article 4 | Anti-Slavery, BLOG POSTS, Case law, Case summaries, Criminal, European, International, Police on November 1, 2010 | Comments Off
R v M(L) and others [2010] EWCA Crim 2327; [2010] WLR(D) 266 – Read judgment The Court of Appeal (Criminal Division) has provided further guidance to prosecutors on whether or not they should bring charges against victims of human trafficking who go on to commit crimes. In the same judgment, the Court considered the extent [...]
Gurkha defeat in claim for equal pension rights
Posted in 1COR, Art. 14 | Anti-Discrimination, Case law, Case summaries, Employment, Immigration/Extradition, In the news, Margin of Appreciation, Pensions, Politics / Public Order, Protocol 1 Art. 1 | Peaceful enjoyment of property on October 18, 2010 | 1 Comment »
R (British Gurkha Welfare Society and ors) v Ministry of Defence [2010] EWCA Civ 1098 - read judgment The Court of Appeal has rejected a fresh attempt, based on Article 14 of the European Convention on Human rights (anti-discrimination), to obtain equal pension rights for Gurkhas who served in the British Army before 1997. The long-running [...]
The Stig revealed: why, and does it matter?
Posted in 1COR, Art. 10 | Freedom of Expression, Case comments, Case law, Case summaries, Company/Commercial, In the news, tagged The Stig on October 6, 2010 | 4 Comments »
Does the BBC’s failure to stop The Stig revealing his identity represent a principled victory for free speech, a blow to commercial confidentiality, or something in between?
Calls for murder law reform may be ignored
Posted in 1COR, BLOG POSTS, Criminal, In the news, Politics / Public Order, tagged Law Commission, murder reform on September 14, 2010 | 1 Comment »
Fresh impetuse for introduction of First and Second Degree Murder charges – but will it lead to change?
You may have missed…
Posted in 1COR on May 22, 2010 | Comments Off
Posts on the UK Human Rights Blog that you may have missed in the last week: Case law – Claims against the police still difficult, and no help from human rights law May 17, 2010 (reprinted via the Guardian Legal Network here) The British Airways strike and the human right to free assembly May 18, 2010 [...]
GMC to announce policy of striking off doctors who prolong the lives of terminally ill patients against their wishes [updated]
Posted in 1COR, Art. 2 | Right to life, Art. 8 | Right to Privacy/Family, Blog news, In the news, Medical, Mental Health, Personal Injury, Religion on May 20, 2010 | Comments Off
If a terminally ill patient has made a “living will”, specifying in advance that they do not want to be resuscitated, doctors must respect these wishes or risk being struck off. The General Medical Council is to announce this guidance in response to the Mental Capacity Act 2005 which gives “living wills” legal status. Doctors [...]
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Recommended- The Fat Tax - Daniel Barnett - Dale & Co. February 9, 2012
- Case Law: Axel Springer v Germany, Grand Chamber finds violation of Article 10 – Sara Mansoori February 9, 2012
- Supreme Court decision on Rabone v Pennine Care NHS Trust - Hempsons February 9, 2012
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- Strasbourg Rulings on Two Personal Privacy Claims February 8, 2012
- Open Justice « 2drj February 8, 2012
- Wigs off, jeans on at the Judicial College | Joshua Rozenberg | Law | guardian.co.uk February 8, 2012
- Contempt laws are still valid in the internet age | Dominic Grieve February 8, 2012
- Case law
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- Othman v Secretary of State for the Home Department [2012] UKSIAC B1 (6 February 2012) February 8, 2012Terrorist suspect Abu Qatada granted bail on strict conditions. However, Secretary of State must show evidence of progress in his deportation in next 3 months then deprivation of liberty will no longer be justifiable.
- AT v Secretary of State for the Home Department [2012] EWCA Civ 42 (07 February 2012) February 7, 2012Control order of member of Libyan Islamic Fighting Group ruled unlawful as wasn't given enough information about case against him as mandated in A v UK
- Moussaoui, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 126 (Admin) (03 February 2012) February 6, 2012Detention of Mentally ill foreign criminal pending deportation was unlawful as regular reviews not carried out. Given damages of £1
- Coogan v News Group Newspapers Ltd & Anor [2012] EWCA Civ 48 February 1, 2012Investigator Glen Mulcaire loses self-incrimination appeal against order that he should reveal phone hacking clients.
- D and S, R (on the application of) v Manchester City Council [2012] EWHC 17 (Admin) (12 January 2012) January 31, 2012Chalenge by 2 elderly disabled people to £17m adult social care cuts by Manchester City Council fails. Consultation and regard to equality duties adequate.
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012
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UKHRB on Twitter
- RT @SkyNewsBreak: David Cameron has spoken to King Abdullah of Jordan to try to extradite radical cleric Abu Qatada 19 minutes ago
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- Congrats to @1crownofficerow's Martin Forde QC, to fill Judicial Appointments Commission vacancy left by Lord Sumption http://t.co/wu7yVWAx 2 hours ago
- RT @INFORRM: Case Law: Axel Springer v Germany, Grand Chamber finds violation of Article 10 - Sara Mansoori http://t.co/r5pBIQU3 2 hours ago
- ... would have found that but for case law! Mr Justice Parker inviting Court of Appeal / Supreme Court to bite the bullet here 2 hours ago
- ... also gives permission to appeal. Wld have found scheme "provides no mechanism for review.. disproportionate.. not compatible with A8.".. 2 hours ago
- ... police warning were for theft of 2 bicycles when 11, student now 20. High Court judge "reluctantly" finds no breach of article 8... 2 hours ago
- Recent posts
- Abu Qatada relased on “very restrictive” bail conditions February 9, 2012 Rosalind English
- Please stow your rights in the overhead compartment February 9, 2012 Rosalind English
- Hospital had human rights duty to protect voluntary patient from suicide, rules Supreme Court February 8, 2012 Adam Wagner
- Libya employee can sue for dismissal in UK February 8, 2012 Rosalind English
- Times contempt challenge thrown out in Strasbourg February 8, 2012 Adam Wagner
- Indefinite detention: not very British February 8, 2012 freemovement
- UK Supreme Court is tweeting, but where are the other courts? February 7, 2012 Adam Wagner
- Axel Springer and Von Hannover: Grand Chamber victory for media – Inforrm February 7, 2012 1 Crown Office Row
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Does “bringing rights home” mean bringing problems home too?
Posted in 1COR, Art. 2 | Right to life, BLOG POSTS, Case comments, Case law, Case summaries, Features, Inquests and Inquiries, International, Margin of Appreciation, Police, Politics / Public Order, Terrorism on June 13, 2011 | Comments Off
McCaughey & Anor, Re Application for Judicial Review [2011] UKSC 20 (18 May 2011)- Read judgment The Supreme Court has followed the European Court of Human Rights in ruling that an inquest into the death of two people killed before the introduction of the Human Rights Act is still bound by the rules laid down [...]
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