The Government of the Republic of South Africa v Shrien Dewani- Read decision The extradition to South Africa of Shrien Dewani, the man accused of murdering his wife on honeymoon there in 2010, has been delayed pending an improvement in his mental health. The case made headlines in 2010, when the story broke of a honeymooning [...]
Archive for the ‘Case summaries’ Category
No extradition for Shrien Dewani – for now
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Case law, Case summaries, Criminal, Immigration/Extradition, In the news, Mental Health, Prisons, tagged extradition, extradition act, Immigration/Extradition, Mental Health, prison on March 31, 2012 |
All by myself: segregation, prisons and Article 6
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Prisons, tagged Prisoners, prisoners rights, right to a fair trial, segregation on March 30, 2012 |
Bourgass and others v Secretary of State for Justice [2012] EWCA Civ 376 Read decision The ability to interact with other prisoners is a major part of prison life, and not one many prisoners would give up willingly. But there are circumstances where prisoners have to be segregated from the rest of the prison population, [...]
Suspected terrorist regains British citizenship
Posted in Case summaries, In the news, Politics / Public Order, Terrorism, tagged citizenship, nationality, Terrorism on March 29, 2012 | 1 Comment »
Hilal Abdul-Razzaq Ali Al‐Jedda v Secretary of State for the Home Department March 29 – read judgment The Court of Appeal has allowed the suspected terrorist Al‐Jedda’s appeal against the Home Secretary’s decision to deprive him of his British nationality. The appellant, an Iraqi refugee, was granted British nationality in 2000. Four years later however [...]
Compelling reasons but no need for truly drastic circumstances: second stage immigration appeals revisited
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Costs and Procedure, Immigration/Extradition, International on March 23, 2012 |
JD (Congo) and others v Secretary of State for the Home Department, Public Law Project [2012] EWCA Civ 327 The Court of Appeal has considered the test for granting permission at the second stage of appeal in immigration cases, when someone wishes to appeal from the Upper Tribunal to the Court of Appeal. The test [...]
GP’s rights not violated by suspension from performers list
Posted in Case summaries, Disciplinary Proceedings, Employment, Medical, Protocol 1 Art. 1 | Peaceful enjoyment of property, tagged Health on March 15, 2012 |
Malik v United Kingdom 23780/08 [2012] ECHR 438 (13 March 2012) - Read judgment The European Court of Human Rights held that the suspension of a GP from the Primary Care Trust (PCT) Performers List did not violate his right to peaceful enjoyment of possessions under Article 1 Protocol 1 (A1P1) of the European Convention on [...]
No “near miss” principle in immigration cases, despite Article 8
Posted in Art. 8 | Right to Privacy/Family, Case summaries, Immigration/Extradition on March 14, 2012 | 1 Comment »
The Court of Appeal has ruled that there is no “near miss” principle in the application of the Immigration Rules. People who miss the five years’ continuous residence requirement – even if by two weeks – will not have met the rules. There is no exception. Mr Miah’s application for further leave to remain as [...]
Catholic midwives must continue indirect role in abortions, despite human rights protections
Posted in Art. 9 | Thought/Conscience/Religion, Case law, Case summaries, Medical, Religion, Scotland, tagged abortion, human rights, Religion on March 6, 2012 | 8 Comments »
Mary Teresa Doogan & Concepta Wood [2012] CSOH 32 – Read judgment “For the want of a nail, the shoe was lost, for the want of a shoe the horse was lost, for the want of a horse, the rider was lost, for the want of a rider, the message was lost, for the want [...]
Can UK courts pass judgment on due process in other Convention countries?
Posted in Art. 6 | Right to Fair Trial, Case summaries, Company/Commercial, Damages, European, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property, tagged Legal Certainty on March 5, 2012 |
Merchant International v Naftogaz International [2012] EWCA Civ 196 - read judgment The Court of Appeal has ruled that domestic courts may refuse to recognise a judgment of another Convention country on the basis that it failed to respect the fair trial principles in Article 6. In this case the Ukraine Supreme Court was said to [...]
Analysis: Occupy London loses final eviction court challenge
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Case summaries, In the news, tagged Occupy London, protest camp on February 29, 2012 |
The Mayor Commonality and Citizens of London – v - Samede, Barda, Ashman, Randle-Jolliffe, Moore and Persons Unknown [2012] EWCA Civ 160 – Read judgment Members of the Occupy London Movement who have been occupying an area close to St Paul’s Cathedral have had their applications for permission to appeal the decision of the lower court to evict them refused [...]
Italy lose in Europe over asylum seeker boat interception – Henry Oliver
Posted in Art. 3 | Torture / Inhumane Treatment, Article 13 | Effective remedy, Case law, Case summaries, Immigration/Extradition, International, tagged European Convention on Human Rights, European Court of Human Rights, italian ships, refugee status on February 26, 2012 |
Hirsi Jamaar and Others v. Italy (Application no. 27765/09) – Read judgment The European Court of Human Rights has held that a group of Somalian and Eritrean nationals who were intercepted by Italian Customs boats and returned to Libya fell within the jurisdiction of Italy for the purposes of Article 1 of the European Convention on Human [...]
Supreme Court rules BBC need not reveal internal Israel-Palestine coverage report
Posted in Art. 10 | Freedom of Expression, Case summaries, Freedom of Information, Media, tagged Balen Report, Freedom of Information Act 2000, israeli palestinian conflict, Sugar v BBC on February 15, 2012 |
Sugar (Deceased) (Represented by Fiona Paveley) (Appellant) v British Broadcasting Corporation (Respondent) [2012] UKSC 4 – Read judgment / press summary The Supreme Court has ruled unanimously that an internal BBC report into its coverage of the Israeli Palestinian conflict was “information held for the purposes of journalism, art or literature” and therefore need not be [...]
The importance of children in automatic deportation cases
Posted in Art. 8 | Right to Privacy/Family, Case summaries, Children, Immigration/Extradition, tagged deportation cases on February 13, 2012 |
Sanade, Harrison & Walker v Secretary of State for the Home Department [2012] UKUT 00048(IAC) – Read judgment. This case concerns the application of human rights exceptions to the deportation of individuals who were married to British citizens or who had British children. The Upper Tribunal (Immigration and Asylum Chamber) (the “Tribunal”) noted that in [...]
Another control order ruled unlawful for breach of right to fair trial
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, Case summaries, Criminal, In the news, Terrorism, tagged abu qatada, Control orders, terrorism act 2000 on February 11, 2012 | 1 Comment »
AT v Secretary of State for the Home Department [2012] EWCA Civ 42 – Read Judgment The Court of Appeal has upheld a challenge to a control order on the basis that the person subject to the order (‘the controllee’) had not been given sufficient information about the case against him. How do you solve [...]
Welcome!
Browse by legal topic
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
- Julian Assange's extradition stayed thanks to quick legal footwork | Joshua Rozenberg | Law | guardian.co.uk May 30, 2012
- New Judgment: Assange v The Swedish Judicial Authority [2012] UKSC 22 May 30, 2012
- What if Julian Assange loses in the Supreme Court? May 29, 2012
- Secret justice concessions won't silence its critics | The Spectator May 29, 2012
- ICLR's case summaries are now on Guardian Law | Daniel Hoadley | Law | guardian.co.uk May 29, 2012
- 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
-
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
- RT @I_am_peevee: @AdamWagner1 @gideonconn "and excellent artist"... 1 hour ago
- 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
Can a homosexual person adopt his or her partner’s child? The case of Gas and Dubois v France.
Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Children, Discrimination, Family, In the news, Poor reporting on March 29, 2012 | 2 Comments »
Gas and Dubois v France (2012) (application no 25951/07). Read judgment (in French). The French government did not violate articles 8 (right to respect for private and family life) and 14 ECHR (right not to be discriminated against in one’s enjoyment of Convention rights and freedoms) in not allowing one partner in a homosexual couple to [...]
Read Full Post »