Austin & Others v. The United Kingdom, [2012] ECHR 459, 15th March 2012 – read judgment The Grand Chamber of the ECtHR recently tackled the question of whether the police tactic of “kettling” (verb, UK, of the police – to contain demonstrators in a confined area) amounted to a deprivation of the liberty of four [...]
Archive for the ‘Art. 11 | Freedom of Association’ Category
Kettling: Can a public interest motive justify a deprivation of liberty or not? – Robert Wastell
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Art. 5 | Right to Liberty, Case comments, Case summaries, Police, Politics / Public Order on April 2, 2012 | 1 Comment »
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 [...]
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 »
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” – [...]
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 [...]
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 [...]
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 |
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 |
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 [...]
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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) 32 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
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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 [...]
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