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 [...]
Archive for the ‘Case summaries’ Category
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 »
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 [...]
Battle of the bus lanes: Addison Lee injuncted by High Court
Posted in Art. 10 | Freedom of Expression, Case summaries, Discrimination, Politics / Public Order, tagged Addison Lee on May 3, 2012 | 3 Comments »
Transport for London (TfL) v Griffin & Ors [2012] EWHC 1105 (QB) - Read Judgment Transport for London (TfL) have succeeded in their High Court application for an injunction restraining Addison Lee Taxis from encouraging drivers to use London bus lanes. Mr Justice Eder ruled that the injunction would not breach Addison Lee Chairman John Griffin’s free expression [...]
“Murder most foul”: The right to life investigating homicide
Posted in Art. 2 | Right to life, Case summaries, Criminal, Inquests and Inquiries on May 1, 2012 |
R (Medihani) v. HM Coroner for Inner South District of Greater London [2012] EWHC 1104 (Admin) – Read judgment. In what circumstances is a criminal trial not sufficient to discharge the State’s duties under Article 2, the right to life, towards a victim of murder? The High Court held last week in this tragic case [...]
Hate speech and the meaning of “unacceptable behaviour”
Posted in Art. 10 | Freedom of Expression, Case summaries, Margin of Appreciation on April 26, 2012 |
Raed Mahajna v Secretary of State for the Home Department IA/21/21631/2011 – read judgment 1 Crown Office Row’s Neil Sheldon appeared for the Secretary of State in this case. He is not the writer of this post. Late last year I posted about the case of Mr Mahajna, a national of Israel (but of Palestinian [...]
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 [...]
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 [...]
“Thinking the unthinkable”? Freedom of information and the NHS Risk Register – Robin Hopkins
Posted in Art. 10 | Freedom of Expression, Case summaries, Freedom of Information, Medical, Politics / Public Order, tagged NHS Risk Register on April 16, 2012 | 1 Comment »
Department of Health v IC, Healey and Cecil(EA/2011/0286 & EA/2011/0287) - Read Decision In a recent post, Panopticon brought you, hot-off-the-press, the Tribunal’s decision in the much-publicised case involving publication, under Freedom of Information Law, of the NHS Risk Register. Somewhat less hot-off-the-press are my observations. This is a very important decision, both for its engagement [...]
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 [...]
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 [...]
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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
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 »
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 [...]
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