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 [...]
Archive for the ‘Case comments’ Category
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 »
Yes, come to the library! Browse and borrow, and help make sure it’ll still be here tomorrow…
Posted in Case comments, Education, Politics / Public Order, Protocol 2 Art. 1 | Right to education, Spending cuts, tagged library closures, spending cuts on May 2, 2012 | 7 Comments »
“Yes, come to the library! Browse and borrow, and help make sure it’ll still be here tomorrow…” Thus concludes “Library poem”, penned by Children’s Laureate and Gruffalo creator Julia Donaldson, the latest high profile recruit to the campaign against planned library closures. There have been a number of developments since we last blogged on this issue: [...]
Consultation on children’s heart surgery was lawful, rules Court of Appeal
Posted in BLOG POSTS, Case comments, Case law, Case summaries, Children, Medical, Spending cuts, tagged Health, R (on the application of) v Joint Committee of Primary Care Trusts & Anor [2012] EWCA Civ 472, Royal Brompton and Harefield NHS Foundation Trust on April 25, 2012 |
Royal Brompton and Harefield NHS Foundation Trust, R (on the application of) v Joint Committee of Primary Care Trusts & Anor [2012] EWCA Civ 472 - Read judgment. Marina Wheeler of 1 Crown Office Row appeared for the successful Appellant in this case. She is not the author of this post When is reorganisation of healthcare [...]
Offshore wind farmer wrong-footed by the Planning Inspector
Posted in Art. 6 | Right to Fair Trial, Case comments, Case law, Environment, In the news on April 18, 2012 | 1 Comment »
Dudgeon Offshore Wind v. Secretary of State for Communities and Local Government et al, HHJ Waksman QC, hearing 23 March 2012, read judgment Running a hearing can be difficult enough when you are sitting as a judge and are faced with parties in a civil case. At least then you have an agenda set by [...]
Refusal of child care leave to female prisoners was unlawful, rules High Court
Posted in Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Criminal, Family, In the news, Prisons, tagged child protection, children's rights, Prisoners on April 16, 2012 |
MP, R(on the application of) v the Secretary of State for Justice [2012] EWHC 214 (Admin) – read judgment The prison authorities had acted unlawfully in restricting childcare resettlement leave to prisoners who were within two years of their release date and had been allocated to “open” conditions. Two female prisoners applied for judicial [...]
Man can be deported despite living in UK since age of three
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case comments, Case law, Case summaries, Criminal, Immigration/Extradition, International, Mental Health, tagged deportation, Family life, Private life on April 15, 2012 | 3 Comments »
Balogun v UK [2012] ECHR 614 - Read judgment It has been a week of victories for the UK government in deportation cases in the European Court of Human Rights. On the same day as the ECtHR found that Abu Hamza and four others could be extradited to the US on terrorism charges, it also rejected [...]
What’s so wrong with incest? The case of Stübing v Germany
Posted in Art. 8 | Right to Privacy/Family, Case comments, Criminal, European, Medical, tagged human rights on April 15, 2012 | 4 Comments »
Stübing v Germany (no. 43547/08), 12 April 2012 - Read judgment The European Court of Human Rights (fifth section) has ruled unanimously that Germany did not violate Article 8 of the European Convention on Human Rights (right to respect for private and family life) by convicting Patrick Stübing of incest Professor Jonathan Haidt, a well-known social psychologist, presented [...]
Security bodies, private emails: parallels between the UK and US – Robin Hopkins
Posted in Art. 10 | Freedom of Expression, Case comments, Freedom of Information, Politics / Public Order, Terrorism, tagged extraordinary rendition, freedom of information on April 12, 2012 |
Today was one of striking parallels between the USA and the UK in terms of litigation concerned with access to information. APPGER and security bodies First, one of The Independent‘s main stories this morning concerned a case brought in the US by the UK’s All Party Parliamentary Group on Extraordinary Rendition (APPGER). Readers will recall that [...]
Common-law open justice lets in the light; Strasbourg not the key
Posted in Art. 10 | Freedom of Expression, Case comments, Case law, Criminal, Freedom of Information, International, Media on April 10, 2012 | 4 Comments »
R (o.t.a Guardian Newspapers) v. City of Westminster Magistrates Court, USA as Interested Party, 3 April 2012, Court of Appeal: read judgment No, not a case about secret trials, but about the way in which newspapers can get hold of court papers in open oral hearings. And, as we shall see, it led to a [...]
The Erika disaster – why we need an international environmental court
Posted in Case comments, Case law, Criminal, Environment, European, In the news, International on April 8, 2012 | 4 Comments »
A long saga with a very new twist which should make even the most strident critic of international courts think again. On 12 December 1999, the Erika sank some 60 nautical miles off the Brittany coast, spilling some 20,000 tonnes of heavy fuel which in due course polluted some 400 km of the French coastline. [...]
Kettling: Can a public interest motive justify a deprivation of liberty or not? – Robert Wastell
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Art. 5 | Right to Liberty, Case comments, Case summaries, Police, Politics / Public Order on April 2, 2012 | 1 Comment »
Austin & Others v. The United Kingdom, [2012] ECHR 459, 15th March 2012 – read judgment The Grand Chamber of the ECtHR recently tackled the question of whether the police tactic of “kettling” (verb, UK, of the police – to contain demonstrators in a confined area) amounted to a deprivation of the liberty of four [...]
From County Court Strike Out to Strasbourg Success
Posted in Art. 2 | Right to life, Case comments, Damages, In the news, Inquests and Inquiries, Mental Health, tagged suicide on March 30, 2012 | 4 Comments »
Reynolds v United Kingdom [2012] ECHR 437 – read judgment What – if anything – can a claimant do when she suspects that the domestic law is not only out of kilter with Strasbourg jurisprudence but is also denying her even an opportunity to bring a claim? Taking arms against a whole legal system may [...]
Cornish waste incinerator case reversed- expectation not legitimate after all
Posted in Case comments, Case law, Environment, European on March 30, 2012 |
R (o.t.a Cornwall Waste Forum, St Dennis Branch) v Secretary of State for Communities and Local Government, Court of Appeal, 29 March 2012, read judgment The CA has just held that Collins J was wrong to hold (per my previous post) that the local NGO had a legitimate expectation that the Secretary of State would decide [...]
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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
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- 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 ... 52 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
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- 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
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 [...]
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