This post originally displayed an image of a sign at Stepping Hill Hospital, including reference to Stockport NHS Foundation Trust. The case did not involve Stockport NHSFT so I have removed the image: my apologies for any confusion caused. In the absence of any interesting images of Pennine Care NHS Trust, who were the Respondent, [...]
Archive for the ‘Case law’ Category
Times contempt challenge thrown out in Strasbourg
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Case summaries, European, Media, tagged contempt of court, contempt of court act on February 8, 2012 | 1 Comment »
Michael Alexander SECKERSON and TIMES NEWSPAPERS LIMITED against the UK Applications nos. 32844/10 and 33510/10 – Read decision / press release The European Court of Human Rights has rejected as “inadmissible” Times Newspaper’s challenge to its 2009 conviction for contempt of court. The decision, which was made by six judges, is a good example of [...]
Axel Springer and Von Hannover: Grand Chamber victory for media – Inforrm
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Case summaries, European, Margin of Appreciation, Media, tagged axel springer, European Court of Human Rights, Freedom of Expression on February 7, 2012 | Leave a Comment »
The media were successful in both the judgments handed down this morning by the Grand Chamber of the European Court of Human Rights. The judgments made it clear that the right to privacy has to be carefully balanced against contribution which a publication makes to a debate of general interest. In both cases, taking account [...]
Are lawyers in right-to-die cases breaking the law?
Posted in Art. 2 | Right to life, Art. 6 | Right to Fair Trial, Art. 9 | Thought/Conscience/Religion, Case summaries, Criminal, Disciplinary Proceedings, Medical, tagged assisting suicide, suicide act 1961 on January 31, 2012 | Leave a Comment »
Philip Havers QC of 1 Crown Office Row is representing Martin in the judicial review proceedings. He is not the author of this post. Albert Camus famously wrote: ‘there is but one truly serious philosophical problem and that is suicide.’ However profound a philosophical problem, the question of suicide or, more precisely, assisted suicide is proving quite [...]
Small solar: Court of Appeal confirms that changes were unlawful
Posted in Case comments, Environment, In the news, Technology on January 25, 2012 | 1 Comment »
Secretary of State for Energy and Climate Change v. Friends of the Earth and others, CA, 25 January 2012, read judgment So, after an anxious wait for the affected businesses, the Court of Appeal has confirmed today that the Minister was too hasty in the way he went about modifying the scheme for subsidising small solar power [...]
R (Associated Newspapers) v Lord Justice Leveson: Challenge to Anonymity Ruling Dismissed
Posted in Art. 10 | Freedom of Expression, Case summaries, Freedom of Information, Inquests and Inquiries, Media, tagged associated newspapers on January 22, 2012 | Comments Off
Associated Newspapers Ltd, R (on the application of) v Rt Hon Lord Justice Leveson [2012] EWHC 57 – Read judgment On Friday 20 January 2012 the Administrative Court dismissed the second application for judicial review of the Leveson Inquiry. The Court dismissed an application by Associated Newspapers (supported by the Daily Telegraph) to quash the [...]
The god of free trade: why Austria cannot stop big lorries from using its motorways
Posted in Case comments, Environment, European, In the news, Margin of Appreciation on January 21, 2012 | Comments Off
C-28/09, European Commission v. Austria, 21 December 2011 - read judgment Many countries in the EU are struggling to comply with its laws about air pollution. The UK is in continuing breach of its nitrogen dioxide emission limit: see my post just before Christmas. But one way a country can try to comply with these laws is [...]
Extradition of murder accused to US not breach of human rights
Posted in Art. 3 | Torture / Inhumane Treatment, Case law, Criminal, Immigration/Extradition, International, Prisons, tagged Harkins and Edwards on January 19, 2012 | 1 Comment »
HARKINS AND EDWARDS v. THE UNITED KINGDOM – 9146/07 [2012] ECHR 45 – Read judgment The European Court of Human Rights has found that there would be no breach of Article 3 ECHR (prohibition of inhuman and degrading treatment) in extraditing two men accused of murder to the US. The men argued that they face the death [...]
No deportation for Abu Qatada, but where are we now on torture evidence? – Professor Adam Tomkins
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Case comments, Children, European, Terrorism, tagged abu qatada, European Court of Human Rights, immigration appeals on January 19, 2012 | 1 Comment »
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM – 8139/09 [2012] ECHR 56 – Read judgment - updated (7/2/2012): Abu Qatada is expected to be released from Long Lartin maximum security jail within days. the special immigration appeals commission (Siac) ruled on Monday that Qatada should be freed, despite the Home Office saying he continued to pose a [...]
Metropolitan Police succeed in G20 “kettling” appeal
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Case summaries, Criminal, Police, tagged G20 protest, Kettling on January 19, 2012 | 2 Comments »
R (on the application of Hannah McClure and Joshua Moos) v The Commissioner of Police of the Metropolis [2012] EWCA Civ 12 – Read judgment The Metropolitan Police has succeeded in its appeal against a Divisional Court ruling (see previous post) that the use of crowd control measures – in this case, containment or “kettling” – [...]
Everything’s free in America (copyrighted material not included)
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Criminal, In the news, International, Technology, tagged Copyright, extradition act, Piracy, Richard O'Dwyer on January 18, 2012 | Comments Off
The Government of the United States of America -v- O’Dwyer, Westminster Magistrates’ Court – Read judgment It seems appropriate, on the day when Wikipedia shut down for 24 hours to protest against US anti-piracy legislation, to talk about piracy (in the copyright sense) and what role human rights law has to play in the perpetual battle [...]
Small solar systems on tenterhooks: Court of Appeal deliberates
Posted in Case comments, Environment, In the news, Technology on January 17, 2012 | Comments Off
R (on the application of (1) Homesun Holdings (2) Solar Century Holdings (3) Friends of the Earth) v Secretary of State for Energy and Climate Change , Mitting J, 21 December 2011, hearing in the CA 13 & 16 January 2012 Avid readers of this blog (posted unpromisingly between Christmas and New Year) may recall this successful challenge to [...]
Youth restraint challenge rejected by High Court
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Children, In the news, Poor reporting, Prisons, tagged Access to justice, Standing on January 16, 2012 | 1 Comment »
The Children’s Rights Alliance for England (CRAE) v Secretary of State for Justice and G4S Care and Justice Services (UK) Ltd and Serco plc [2012] EWHC 8 (Admin) – read judgment Although certain restraining measures had been taken unlawfully against young people in secure training centres for a number of years, the court had no jurisdiction [...]
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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 21 minutes ago
- RT @daniel_barnett: Here's what I REALLY think about the Stott case - http://t.co/gCIHyevb. @AdamWagner1 also has excellent piece at htt ... 57 minutes ago
- 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
Disclaimer
Please stow your rights in the overhead compartment
Posted in Case comments, Case law, Damages, Discrimination, European, Features, In the news, International, tagged air travel, compensation, passengers rights on February 9, 2012 | 1 Comment »
Stott v Thomas Cook Operators and British Airways Plc [2012] EWCA Civ 66 – read judgment If you need reminding of what it feels like when the candy-floss of human rights is abruptly snatched away, take a flight. Full body scanners and other security checks are nothing to the array of potential outrages awaiting passengers [...]
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