R (on the application of Hannah McClure and Joshua Moos) v The Commissioner of Police of the Metropolis [2012] EWCA Civ 12 – Read judgment The Metropolitan Police has succeeded in its appeal against a Divisional Court ruling (see previous post) that the use of crowd control measures – in this case, containment or “kettling” – [...]
Archive for the ‘Art. 11 | Freedom of Association’ Category
Metropolitan Police succeed in G20 “kettling” appeal
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Case summaries, Criminal, Police, tagged G20 protest, Kettling on January 19, 2012 | 2 Comments »
Occupy London to be evicted – full judgment
Posted in Art. 11 | Freedom of Association, Housing, In the news, Politics / Public Order, tagged protest camp, tent city on January 18, 2012 | 2 Comments »
The City of London has succeeded in its court High Court battle against the Occupy London movement which is currently occupying an area close to St Paul’s Cathedral. As things stand, subject to any appeals, the movement has been evicted. The Judiciary website will be publishing the full judgment tomorrow morning, but for those seeking [...]
Lawful for Home Secretary to deport Palestinian activist accused of fostering hatred
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Art. 8 | Right to Privacy/Family, Art. 9 | Thought/Conscience/Religion, Case summaries, Immigration/Extradition, Politics / Public Order, tagged Raed Saleh on November 6, 2011 | 1 Comment »
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. The First-Tier Tribunal (Asylum and Immigration Chamber), has upheld the decision of the Home Secretary to deport Raed [...]
Control orders and human rights to family life: not always incompatible
Posted in Art. 11 | Freedom of Association, Art. 8 | Right to Privacy/Family, Art. 9 | Thought/Conscience/Religion, Case comments, Case law, Margin of Appreciation, Terrorism, tagged anti-terrorist legislation, Control orders on June 1, 2011 | 2 Comments »
CD v Secretary of State for the Home Department [2011] EWHC 1273 (Admin) Read judgment As readers of this blog will know, control orders have often been successfully challenged in the courts on human rights grounds. But in this case, an order forcing a person to relocate to a different part of the country was found to be [...]
Climate Camp protesters did not threaten breach of the peace, says High Court
Posted in Art. 11 | Freedom of Association, Case summaries, In the news, Police, Politics / Public Order on April 22, 2011 | Comments Off
R (Moos and Anor) v The Commissioner of the Police of the Metropolis [2011] EWHC 957 (Admin) – Read Judgment The High Court has decided that the actions of police in “kettling” climate change protestors during the G20 summit were unlawful. In the aftermath of the global credit crunch, the second G20 Summit, which was [...]
Litigating equality: a costly business?
Posted in Art. 11 | Freedom of Association, Art. 14 | Anti-Discrimination, Case law, Case summaries, Costs and Procedure, tagged Commission for Equality & Human Rights, Costs and Procedure, Equality Act, Freedom of Association, Racial equality on April 5, 2011 | 4 Comments »
Commission for Equality & Human Rights v Griffin, Lumby, Darby [2011] EWHC 675 (Admin) Read judgment The Commission for Equality & Human Rights has been ordered to pay costs of court proceedings to two members and a former member of the British National Party. Although the decision is a technical one relating only to costs [...]
Blow to Parliament Square protest camp
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Case comments, Case law, Case summaries, Politics / Public Order on March 28, 2011 | 4 Comments »
The Mayor of London v. Brian Haw & others [2011] EWHC 585 (QB) - read judgment. The High Court has ruled that it would not be a breach of Articles 10 (freedom of expression) and 11 (freedom of assembly and association) to grant a possession order in respect of Parliament Square Gardens (“PSG”) and an injunction [...]
“British soldiers go to hell” and free speech
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Case law, Case summaries, Criminal, In the news, Police, Politics / Public Order, tagged Offensive Speech, Public Order on February 21, 2011 | 7 Comments »
Munim Abdul and Others v Director of Public Prosecutions [2011] EWHC 247 (Admin) – Read judgment The High Court has ruled that prosecution of a group of people who had shouted slogans, including, “burn in hell”, “baby killers” and “rapists” at a parade of British soldiers, was not a breach of their right to freedom [...]
Are we ready for gangbos?
Posted in Art. 11 | Freedom of Association, Art. 5 | Right to Liberty, Criminal, In the news, Politics / Public Order, tagged feature on February 1, 2011 | 1 Comment »
Police and local councils gained new powers yesterday to deal with gang-related violence and crime. The new ‘gang injunctions’, or “gangbos”, which can be sought in the county courts against adults suspected of gang involvement, function in a similar way to ASBOs (anti-social behaviour orders), although they aim to target people involved in shootings, knife [...]
Student fee protests and human rights protections
Posted in Art. 11 | Freedom of Association, Education, In the news, Politics / Public Order on December 9, 2010 | 3 Comments »
Today MPs will vote on whether to increase the maximum amount universities can charge to £9,000. Contrary to many commentators’ predictions, the student protests against the increase on 10 November have not been an isolated occurrence, but the beginning of a settled campaign. But would the students be able to rely on human rights arguments [...]
Minimum standards of dignity must be upheld for asylum seekers
Posted in Art. 11 | Freedom of Association, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Case comments, Immigration/Extradition, Margin of Appreciation, Protocol 2 Art. 1 | Right to education, tagged asylum, human rights on July 29, 2010 | Comments Off
R (on the application of ZO (Somalia) and others) (Respondents) v Secretary of State for the Home Department (Appellant) [2010] UKSC 36 – Read judgment The Supreme Court has ruled that the UK must provide minimum standards to asylum seekers, including the right to work, whether or not their first asylum application has failed. Asylum [...]
Parliament Square protesters lose eviction appeal [updated]
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Case summaries, In the news, Politics / Public Order, tagged Democracy village, Parliament square on July 16, 2010 | Comments Off
Hall & Ors v Mayor of London (On Behalf of the Greater London Authority) [2010] EWCA Civ 817 (16 July 2010) – read judgment The Mayor of London has won a court order to evict a camp of protesters from Parliament Square, with the Court of Appeal upholding a decision of the High Court stating [...]
Supporting terrorism and the criminal law [updated]
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Art. 8 | Right to Privacy/Family, Case summaries, In the news, Police, Terrorism, tagged benefits, human rights, material support, Terrorism on July 13, 2010 | Comments Off
The criminalisation of support for terrorist organisations has arisen in various domestic and international contexts recently, and it is likely that the issue will continue to attract controversy as states attempt to trace the boundaries of what can fairly be considered “support” for terrorism, and risk criminal legislation unjustifiably infringing on human rights. The Human [...]
Parliament Square protesters evicted: analysis of judgment
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Case comments, In the news, Politics / Public Order, tagged Democracy village, human rights on June 30, 2010 | Comments Off
The Mayor of London v Hall & Ors [2010] EWHC 1613 (QB) (29 June 2010) – Read judgment The Mayor of London has won a court order to evict a camp of protesters from Parliamentary Square, with the High Court stating that his response to the protest was proportionate and not a breach of the [...]
Welcome!
Browse by legal topic
Recommended- The Fat Tax - Daniel Barnett - Dale & Co. February 9, 2012
- Case Law: Axel Springer v Germany, Grand Chamber finds violation of Article 10 – Sara Mansoori February 9, 2012
- Supreme Court decision on Rabone v Pennine Care NHS Trust - Hempsons February 9, 2012
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- Strasbourg Rulings on Two Personal Privacy Claims February 8, 2012
- Open Justice « 2drj February 8, 2012
- Wigs off, jeans on at the Judicial College | Joshua Rozenberg | Law | guardian.co.uk February 8, 2012
- Contempt laws are still valid in the internet age | Dominic Grieve February 8, 2012
- Case law
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- Othman v Secretary of State for the Home Department [2012] UKSIAC B1 (6 February 2012) February 8, 2012Terrorist suspect Abu Qatada granted bail on strict conditions. However, Secretary of State must show evidence of progress in his deportation in next 3 months then deprivation of liberty will no longer be justifiable.
- AT v Secretary of State for the Home Department [2012] EWCA Civ 42 (07 February 2012) February 7, 2012Control order of member of Libyan Islamic Fighting Group ruled unlawful as wasn't given enough information about case against him as mandated in A v UK
- Moussaoui, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 126 (Admin) (03 February 2012) February 6, 2012Detention of Mentally ill foreign criminal pending deportation was unlawful as regular reviews not carried out. Given damages of £1
- Coogan v News Group Newspapers Ltd & Anor [2012] EWCA Civ 48 February 1, 2012Investigator Glen Mulcaire loses self-incrimination appeal against order that he should reveal phone hacking clients.
- D and S, R (on the application of) v Manchester City Council [2012] EWHC 17 (Admin) (12 January 2012) January 31, 2012Chalenge by 2 elderly disabled people to £17m adult social care cuts by Manchester City Council fails. Consultation and regard to equality duties adequate.
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012
-
UKHRB on Twitter
- RT @SkyNewsBreak: David Cameron has spoken to King Abdullah of Jordan to try to extradite radical cleric Abu Qatada 40 minutes ago
- RT @daniel_barnett: Here's what I REALLY think about the Stott case - http://t.co/gCIHyevb. @AdamWagner1 also has excellent piece at htt ... 1 hour ago
- Congrats to @1crownofficerow's Martin Forde QC, to fill Judicial Appointments Commission vacancy left by Lord Sumption http://t.co/wu7yVWAx 2 hours ago
- RT @INFORRM: Case Law: Axel Springer v Germany, Grand Chamber finds violation of Article 10 - Sara Mansoori http://t.co/r5pBIQU3 2 hours ago
- ... would have found that but for case law! Mr Justice Parker inviting Court of Appeal / Supreme Court to bite the bullet here 3 hours ago
- ... also gives permission to appeal. Wld have found scheme "provides no mechanism for review.. disproportionate.. not compatible with A8.".. 3 hours ago
- ... police warning were for theft of 2 bicycles when 11, student now 20. High Court judge "reluctantly" finds no breach of article 8... 3 hours ago
- Recent posts
- Abu Qatada relased on “very restrictive” bail conditions February 9, 2012 Rosalind English
- Please stow your rights in the overhead compartment February 9, 2012 Rosalind English
- Hospital had human rights duty to protect voluntary patient from suicide, rules Supreme Court February 8, 2012 Adam Wagner
- Libya employee can sue for dismissal in UK February 8, 2012 Rosalind English
- Times contempt challenge thrown out in Strasbourg February 8, 2012 Adam Wagner
- Indefinite detention: not very British February 8, 2012 freemovement
- UK Supreme Court is tweeting, but where are the other courts? February 7, 2012 Adam Wagner
- Axel Springer and Von Hannover: Grand Chamber victory for media – Inforrm February 7, 2012 1 Crown Office Row
Disclaimer
The law should not become “over precious” about human rights, says the Divisional Court
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Art. 8 | Right to Privacy/Family, Case comments, Environment, Police on November 8, 2011 | 6 Comments »
David Thomas Howarth v Commissioner of Police of Police of the Metropolis [2011] EWHC 2818 (QB) – read judgment Protestors have to put up with “sensible and good natured” controls by the authorities as a limitation on their rights to free expression and assembly, the Divisional Court has ruled. A claim for judicial review brought by [...]
Read Full Post »