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 ‘In the news’ 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 »
Time extended for appeals under Extradition Act
Posted in In the news on May 23, 2012 | Leave a Comment »
Lukaszewski and others, R (on the application of Halligen) v Secretary of State for the Home Department [2012] UKSC 20 – read judgement The Supreme Court has ruled that there should be a discretion in exceptional circumstances for judges to extend time for service of appeals against extradition, where the statutory time limits would otherwise operate to [...]
Why no public appointment hearings for UK’s new European Court of Human Rights judge?
Posted in In the news on May 23, 2012 | 4 Comments »
The Guardian reported yesterday that “MPs aiming to claw back powers from Europe have secretly interviewed candidates to become Britain’s next judge at the European court of human rights”. Oliver Heald MP said that a group of MPs from the three main political parties met the 3 candidates, Raquel Agnello QC, Paul Mahoney and Ben Emmerson QC. The [...]
Don’t rely on human rights in a dismissal claim
Posted in In the news on May 23, 2012 | 2 Comments »
Mattu v University Hospitals of Coventry and Warwickshire NHS Trust – read judgment For a government much divided about rights of employees and the Beecroft Report that proposes curtailing them, some relief is provided by this Court of Appeal ruling, a further blow to those who have argued that Article 6 can be deployed against [...]
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 [...]
Convention should not be a basis for demanding unnecessary public inquiries – Court of Appeal
Posted in In the news on May 21, 2012 | Leave a Comment »
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) – read judgment The Court of Appeal has confirmed that the Secretary of State acted lawfully in not ordering independent inquiry into a 2009 protest at an Immigration Detention Centre. This [...]
A secret justice climb down? Perhaps not
Posted in Art. 6 | Right to Fair Trial, Freedom of Information, In the news, Politics / Public Order, Terrorism on May 21, 2012 | 1 Comment »
It appears that the Government has climbed down, in part, from some of its controversial secret justice proposals. According to the Telegraph, the Justice and Security Bill, which will be published this week, will include a provision whereby judges, not the Government, has the final say on whether a Closed Material Procedure (CMP) is used. [...]
Supreme Court judge on war, intelligence and the retreat of judicial deference
Posted in In the news, Lectures, tagged foreign policy, human rights, intelligence, Iraq War, Judicial activism, judicial deference, prerogative powers, secrecy, secret evidence, Standing, War on May 20, 2012 | Leave a Comment »
The recent standoff between two leading judicial lights, Jonathan Sumption and Stephen Sedley, may make for entertaining reading, but don’t be fooled. Like the heated question of whether a non-entrenchment clause could be dug into our law to protect UK parliamentary sovereignty, this one wasn’t about law, or even constitutional theory; it was essentially about differing [...]
Comment: How will the Defamation Bill protect free speech?
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Defamation / Libel, In the news, tagged Defamation Bill, free expression, libel reform, Queen's Speech on May 20, 2012 | 1 Comment »
As expected, last week’s Queen’s Speech included plans to reform libel law. This follows a concerted campaign to improve protection of the right to free expression and bring greater clarity to England’s libel law. But the question for those who wanted to see reform, now the Defamation Bill has been published, is whether the reforms [...]
Discriminatory basis of Child Tax Credit is justified, rules Supreme Court
Posted in In the news on May 17, 2012 | 1 Comment »
Humphreys (FC) (Appellant) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) [2012] UKSC 18 On appeal from the Court of Appeal [2010] EWCA Civ 56 – read judgment A person’s entitlement to Child Tax Credit (CTC) is a “possession” for the purposes of article 1 of the First Protocol to the European Convention [...]
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 [...]
European Court Grand Chamber to rule on prisoner votes next Tuesday
Posted in European, In the news, Protocol 1 Art. 3 | Free elections, tagged human rights on May 15, 2012 | 4 Comments »
The Grand Chamber of the European Court of Human Rights is to deliver its latest, hotly anticipated, decision on prisoner votes next Tuesday 22 May. The case is Scoppola v. Italy (n° 3). The Court’s press release is here. The UK intervened in the case, with the Attorney General Dominic Grieve QC himself travelling to Strasbourg [...]
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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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