BSkyB and another, R(on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) – read judgment The police failed to satisfy the court that their need for footage taken by TV organisations was likely to be of substantial value to criminal investigations and therefore would be a justified interference with the rights of [...]
Archive for the ‘Case comments’ Category
Police denied TV footage of Dale Farm evictions
Posted in Art. 10 | Freedom of Expression, Case comments, Case summaries, In the news, Politics / Public Order, tagged Dale Farm evictions, Freedom of Expression, Police, police investigations on May 24, 2012 | Leave a Comment »
European Court of Human Rights retreats but doesn’t surrender on prisoner votes
Posted in Case comments, European, Politics / Public Order, Prisons, Protocol 1 Art. 3 | Free elections, tagged human rights on May 22, 2012 | 8 Comments »
CASE OF SCOPPOLA v. ITALY (No. 3)(Application no. 126/05) – Read judgment / press release / press release on UK implications The Grand Chamber of the European Court of Human Rights has ruled that states must allow for at least some prisoners to vote, but that states have a wide discretion as to deciding which prisoners. [...]
Pssst… no secret hearings in naturalisation cases
Posted in Art. 6 | Right to Fair Trial, Case comments, Case law, Case summaries, Costs and Procedure, In the news, Politics / Public Order, Secret justice, tagged closed material procedure, court procedure, secret justice, special advocates on May 22, 2012 | Leave a Comment »
AHK and Others v The Secretary of State for the Home Department [2012] EWHC 1117 (Admin) – Read judgment Secrecy and secret justice are rarely out of the public eye. The Queen’s speech included plans to allow secret hearings in civil claims, at a time when their use is highly controversial. The government argues they [...]
Anemometers and wind farms once more: PINS now win the day
Posted in Art. 10 | Freedom of Expression, Case comments, Case law, Environment, European, Freedom of Information, In the news on May 22, 2012 | Leave a Comment »
DCLG v. Information Commissioner & WR [2012] UKUT I have previously posted on the decision leading to this successful appeal by the Planning Inspectorate, against an order that they produce their legal advice concerning a planning appeal. The decision of the First-Tier Tribunal in favour of disclosure was reversed by a strong Upper Tribunal, chaired [...]
Peace campaigner evicted from Parliament Square using new law – Marina Wheeler
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Case comments, Housing, Politics / Public Order, tagged Maria Gallastegui, Parliament square, Protest, protest rights on May 17, 2012 | 2 Comments »
R (on the application of Maria Gallastegui) v Westminster City Council [2012] EWHC 1123 (Admin) - Read judgment On 27 April 2012, Maria Gallastegui, a peace campaigner and resident of the East pavement of Parliament Square since 2006, lost her legal battle to continue her 24 hour, tented vigil in protest against the folly of [...]
Libel on the internet: Christian author takes on Dawkins and Amazon
Posted in Art. 10 | Freedom of Expression, Case comments, Case summaries, Costs and Procedure, Damages, Defamation / Libel, In the news, tagged abuse of process, blogs, comment thread, costs, human rights, internet, Libel on May 16, 2012 | 3 Comments »
Mcgrath v Dawkins, Amazon and others [2012] EWHC B3 (QB) -read judgment In an interesting ruling on a strike-out action against a libel claim, a High Court judge has delineated the scope for defamation in blog posts and discussion threads where the audience is small and the libel limited. Background The claimant, C, is the author [...]
Censure of councillor for “sarcastic, lampooning and disrespectful” blog breached his free speech rights
Posted in Art. 10 | Freedom of Expression, BLOG POSTS, Case comments, Case law, Case summaries, tagged blogging, blogs, human rights, Lewis Malcolm Calver, local government, Wales on May 7, 2012 | 3 Comments »
Calver, R (on the application of) v The Adjudication Panel for Wales [2012] EWHC 1172 (Admin) - Read judgment The decision to censure a Welsh councillor for comments on his blog was a disproportionate interference with his right to freedom of expression, the High Court has ruled. This right requires a broad interpretation of what counts [...]
Suing the corporate soul; parent company down for asbestosis
Posted in Case comments, Damages, Employment, Environment, In the news on May 4, 2012 | 1 Comment »
Chandler v. Cape Plc, Court of Appeal, 25 April 2012, read judgment. This may sound like a rather dreary topic, but the problem is vitally important for the proper reach of environmental and personal injury law. Some may have seen from my post on the Erika disaster the difficult issues which can arise when a [...]
When does an expert report constitute “independent evidence” of torture?
Posted in Art. 5 | Right to Liberty, Case comments, Immigration/Extradition, Medical, tagged asylum claim, evidence of torture, human rights, Torture on May 2, 2012 | 1 Comment »
R (on the application of AM) v Secretary of State for the Home Department [2012] EWCA Civ 521 - Read judgment Whether expert evidence relied upon by an asylum seeker amounted to “independent evidence” of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s [...]
Time, time, time, look what’s become of me
Posted in Art. 6 | Right to Fair Trial, Case comments, European, Immigration/Extradition, In the news, Terrorism, tagged abu qatada on May 2, 2012 | 7 Comments »
In law, time can be everything. Every lawyer will have experienced waking up in the middle of the night in a cold sweat at the realisation that a time limit has been missed. Courts often have the discretion to extend litigation time limits, such as under rule 3.1 of the Civil Procedure Rules, but simple [...]
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Recommended- Latest human rights developments in the UK: 21/5/2012 – 27/5/2012 - Law Think May 27, 2012
- UK Blawg Review #10 – Part 1 - May 27, 2012
- Can the UK suspend free movement? - Free Movement Blog May 27, 2012
- Prisoners’ votes: Ballot and chain | The Economist May 25, 2012THE vexed issue of voting rights for prisoners combines two of the Conservative Party’s main preoccupations: penal policy and the European Court of Human Rights (ECHR)...
- We must defy Strasbourg on prisoner votes - David Davis and Jack Straw, Telegraph May 24, 2012
- Sunlight is the best disinfectant: open justice and company law proceedings May 24, 2012
- Names and CVs of Candidate Judges for Eight Countries May 24, 2012
- UK to resist giving prisoners the vote despite European court ruling | Law | The Guardian May 23, 2012
- Case law
- 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 […]
- Hounga v Allen & Anor [2012] EWCA Civ 609 (15 May 2012) May 16, 2012Court of Appeal: Person knowingly working illegally cannot bring racial discrimination claim against "employers"
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012
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UKHRB on Twitter
- Weekend catchup from Wessen Jazrawi- prisoner voting, Bratza's replacement and peaceful protest- human rights roundup ukhumanrightsblog.com/2012/05/27/pri… 3 hours ago
- #Prisonervotes is generating some strong and contrasting opinions- see Aitken v David and Straw: guardian.co.uk/commentisfree/… telegraph.co.uk/news/uknews/la… 2 days ago
- Fresh on the blog by Reuven Ziegler: the case for letting prisoners vote ukhumanrightsblog.com/2012/05/24/the… 2 days ago
- New from @rosalindenglish- police denied TV footage of Dale Farm evictions ukhumanrightsblog.com/2012/05/24/pol… 3 days ago
- Prisoner votes ruling continuing to have political repercussions guardian.co.uk/law/2012/may/2… #prisonervotes 3 days ago
- SC: for Art 6 compliance, cts can, in exceptional circumstances, extend period for filing and serving notice of appeal #extradition 3 days ago
Adam Wagner on Twitter
- RT @MsLods: UK: Barrister who called opposing lawyers "slimebags" on twitter struck off. telegraph.co.uk/news/uknews/la… (ping @journlaw) 31 minutes ago
- Is David Mitchell being serious or not? Human rights … or just an excuse for Strasbourg to tell Britain what to do? gu.com/p/37pfb/tw 2 hours ago
- Prisoner voting, Bratza's replacement and peaceful protest > this week's UK #humanrights roundup just posted wp.me/pJiO3-3Fb 2 hours ago
- It's here! @charonqc tells it as it is > UK Blawg Review #10 – Part 1 j.mp/JG8V4Y 6 hours ago
- Oh! Extraordinary goings on at Charles Taylor's war crimes trial... > More on the Removal of Judge Sow j.mp/LnNQH1 2 days ago
- RT @koldo_casla: One of the best pieces I´ve ever read on the case for letting prisoners vote - Reuven Ziegler wp.me/pJiO3-3F7 via ... 2 days ago
- Recent posts
- 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
- Police denied TV footage of Dale Farm evictions May 24, 2012 Rosalind English
- Time extended for appeals under Extradition Act May 23, 2012 Rosalind English
- Why no public appointment hearings for UK’s new European Court of Human Rights judge? May 23, 2012 Adam Wagner
- Don’t rely on human rights in a dismissal claim May 22, 2012 Martin Downs
- European Court of Human Rights retreats but doesn’t surrender on prisoner votes May 22, 2012 Adam Wagner
- Pssst… no secret hearings in naturalisation cases May 22, 2012 Isabel McArdle
Disclaimer
The case for letting prisoners vote – Reuven Ziegler
Posted in Case comments, European, In the news, Politics / Public Order, Prisons, Protocol 1 Art. 3 | Free elections, tagged Hirst No. 2, human rights, prisoner votes, Scoppola on May 24, 2012 | 3 Comments »
Last Tuesday saw the latest episode in the prisoner voting legal saga with the European Court of Human Rights’ Grand Chamber’s judgment reversing the Chamber judgment which found Italy’s automatic ban on voting for prisoners serving over 3 years in prison (and a lifetime ban with the possibility of future relief for those sentenced to more than [...]
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