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. [...]
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A secret justice climb down? Perhaps not
Posted in Art. 6 | Right to Fair Trial, Freedom of Information, In the news, Politics / Public Order, Secret justice, Terrorism on May 21, 2012 | 1 Comment »
Sumption’s Speech, Settling and Secret Justice – The Human Rights Roundup
Posted in Roundup, tagged human rights on May 21, 2012 | Leave a Comment »
Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. This week saw some commentary on Lord Sumption’s latest speech, which may indicate further advances into [...]
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 [...]
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 [...]
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 [...]
South Africa shrinks from investigating Zimbabwe torture allegations
Posted in In the news, tagged human rights, international criminal court, movement for democratic change, police investigations, South Africa, Torture, Zanu-PF, Zimbabwe on May 14, 2012 | 2 Comments »
South African Litigation Centre and Zimbabwe Exiles Forum v. National Director of Public Prosecutions and other governmental units – read judgment South Africa’s North Gauteng High Court has just ruled that South African prosecutors and police illegally refused to proceed with an investigation of systematic torture in Zimbabwe. South Africa, like many countries, has adopted [...]
Queen’s Speech, Abu Qatada and the NHS risk register – The Human Rights Roundup
Posted in Roundup, tagged human rights on May 13, 2012 |
Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. This week saw the Queen’s Speech set out a number of legislative reforms, the veto of the release of the [...]
Climate change human rights litigation: is it so radical? Nicola Peart
Posted in Art. 2 | Right to life, Art. 8 | Right to Privacy/Family, Environment, In the news, International on May 9, 2012 | 5 Comments »
In the UK there are at present no rights expressly cast in terms applicable to climate change, nor have our traditional human rights been extensively interpreted as covering climate change consequences. As David Hart QC identifies in his blog, Is climate change a human rights issue?, human rights principles, to be useful for climate change [...]
Abu Qatada appeal was in time but will not be heard by Grand Chamber
Posted in In the news on May 9, 2012 | 5 Comments »
So now we know. Sort of. Five judges of the European Court of Human Rights have ruled that Abu Qatada’s case will not be heard on appeal by the court’s Grand Chamber, despite the appeal application being lodged on time. The Court’s somewhat scanty press release reveals little: The Panel found that the request had [...]
Should we outlaw genetic discrimination?
Posted in Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Discrimination, Employment, Features, In the news, Medical, Technology, tagged Discrimination, DNA, Equality Act, Equality Act 2010, freedom of information, genetic discrimination, genetics, health insurance, human rights, insurance, life insurance, Right to Privacy on May 9, 2012 | 2 Comments »
The late US law Professor Paul Miller reflected recently that Beethoven, Stephen Hawking and Elton John were examples of individuals whom, if they had been tested for serious genetic conditions at the start of their careers, may have been denied employment in the fields in which they later came to excel. Earlier this month the [...]
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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
- 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
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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
- 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
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Housing benefit system discriminated against disabled people, rules Court of Appeal
Posted in Art. 14 | Anti-Discrimination, Case comments, Case law, Discrimination, Housing, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property, Social Care, Spending cuts, tagged government, Politics, social security law on May 19, 2012 | 2 Comments »
Burnip v. Birmingham City Council, Trengrove v. Walsall Metropolitan Council, Gorry v. Wiltshire Council [2012] EWCA Civ 629 – read judgment In the same week that the Secretary of State for Work and Pensions, Iain Duncan-Smith, announced his intention to implement sweeping reforms of the current system of disability benefits, the Court of Appeal has [...]
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