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Archive for the ‘Poor reporting’ Category

The Trade Union Congress have sent me the full letter (download here) which Education Secretary Michael Gove sent to its leader Brendan Barber in relation to a complaint about seemingly homophobic booklets distributed to Roman Catholic schools in Lancashire. The letter which Mr Barber sent to Mr Gove is here. I complained in this post [...]

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Andrew Tickell in his recent post (Is the European Court of Human Rights obsessively interventionist?) makes a number of important points about the European Court of Human Rights’ approach to admissibility, in particular the application of the manifestly ill-founded criterion. Perhaps understandably, the majority of legal scholars have preferred to focus on the more substantive [...]

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Marie-Bénédicte Dembour calls them ‘forgotten cases’.  As Adam Wagner demonstrated in a blog post of last week, Eurosceptic newspapers have a particular interest in overlooking the European Court of Human Right’s decisions of inadmissibility, seeking to buttress claims that the Court is wildly interventionist, imposing alien “European” logics on Britain with gleeful abandon.  Both the [...]

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The Children’s Rights Alliance for England (CRAE) v Secretary of State for Justice and G4S Care and Justice Services (UK) Ltd  and Serco plc [2012] EWHC 8 (Admin) – read judgment Although certain restraining measures had been taken unlawfully against young people in secure training centres for a number of years, the court had no jurisdiction [...]

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It is rightly said that 95% of statistics are made up. Today’s Daily Mail front page headline contained a typically exuberant statistical claim: Europe’s war on British justice: UK loses three out of four human rights cases, damning report reveals. According to journalist James Slack “Unelected Euro judges” are mounting a “relentless attack on British [...]

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Mr Abdullah Manuwar and Secretary of State for the Home Department IA26/543/2010 – Read decision We have posted on this blog previously on some of the poor reporting of human rights cases. Alarm bells were ringing as the Sunday Telegraph reported student Abdullah Munawar’s appeal on human rights grounds against a refusal to grant him leave to stay in [...]

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Harvey v Director of Public Prosecutions [2011] EWHC Crim B1 – Read judgment “What on earth was he thinking?” asks a Telegraph article bearing as its title another rhetorical question, “Would Judges like to be told to eff off in court?”. This is in reference to Mr Justice Bean’s judgment in Harvey v Director of [...]

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Updated x 2 | Today, guardian.co.uk’s Comment is Free (CIF) was “taken over” by the Occupy London movement. This has led to two particularly worrying articles being published. Both purport to offer legal advice which, if followed, could lead you straight to prison. For that reason, Guardian CIF goes straight to the legal naughty step, where [...]

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Headlines are important. They catch the eye and can be the only reason a person decides to read an article or, in the case of a front page headline, buy a newspaper. On Thursday The Times’ front page headline was “Britain can ignore Europe on human rights: top judge”. But can it? And did Lord [...]

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Updated |I have been sent the first appeal judgment in the political frenzy which has been termed “Catgate”. I had promised myself not to do any more Catgate posts or use any more cute pictures of kittens, but I have now broken that promise. Having read the short, 6-page judgment dated 9 October 2008 by [...]

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Updated x 2 | What can we learn from yesterday’s gaff by the Home Secretary Theresa May involving Maya the cat? First, when referring to a legal judgment in a speech make sure you get the outcome right. Particularly when prefaced by “I am not making this up”. Secondly, if said speech is being broadcast live, [...]

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Updated | Today the Home Secretary Theresa May gave a speech to the Conservative Party Conference in which she announced new immigration rules which would make it easier to deport foreign criminals. May also gave three examples in support of the view that the Human Rights Act “has to go”: We all know the stories [...]

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Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2376 (Fam) (01 September 2011) – Read judgment Sir Nicholas Wall, the President of the Family Division, has suspended a nine-month prison sentence for contempt of court given to Elizabeth Watson, a “private investigator” who published online sex abuse allegations which had been rejected by a series [...]

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In a recent speech about the August riots, the Prime Minister bemoaned the “twisting and misrepresenting of human rights”. Unfortunately, this practice is common in the press, sometimes by accident but often by design. One common accusation against the Human Rights Act is that it prevents the state deporting some foreign criminals. This is sometimes [...]

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In today’s Daily Express, Stephen Pollard has written an article entitled We must regain right to kick out foreign criminals. There is a lot wrong with the article, not least the misrepresentation – not for the first time, either – of a 2007 case involving the failed deportation of headmaster Philip Lawrence’s killer. Pollard is responding [...]

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