The Government of the United States of America -v- O’Dwyer, Westminster Magistrates’ Court – Read judgment It seems appropriate, on the day when Wikipedia shut down for 24 hours to protest against US anti-piracy legislation, to talk about piracy (in the copyright sense) and what role human rights law has to play in the perpetual battle [...]
Archive for the ‘Art. 5 | Right to Liberty’ Category
Everything’s free in America (copyrighted material not included)
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Criminal, In the news, International, Technology, tagged Copyright, extradition act, Piracy, Richard O'Dwyer on January 18, 2012 | Comments Off
Severely disabled man’s care plan not a deprivation of liberty – Court of Appeal
Posted in Art. 5 | Right to Liberty, Case summaries, Mental Health, tagged deprivation of liberty on November 17, 2011 | 5 Comments »
Chester West and Chester Council v. P (by his Litigation Friend the Official Solicitor) [2011] EWCA Civ 1257 – Read judgment / Lucy Series’ commentary When assessing whether a patient’s care deprives him or her of their liberty, and thereby entitles them to the procedural protections under Article 5 (4) ECHR, the right to liberty, the Court [...]
Israeli Arab activist detention was (mostly) lawful
Posted in Art. 5 | Right to Liberty, Case summaries, Immigration/Extradition, Politics / Public Order, tagged Raed Salah Mahajna on October 2, 2011 | 3 Comments »
Mahajna v Secretary of State for the Home Department [2011] EWHC 2481 (Admin) (30 September 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 High Court has ruled that detention of a Palestinian activist, whilst he [...]
Anti-terrorism powers for a rainy day
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 5 | Right to Liberty, Art. 8 | Right to Privacy/Family, Criminal, In the news, Terrorism, tagged Control orders, TPIM on September 4, 2011 | 2 Comments »
Updated | Next week will mark the 10th anniversary of the 11 September 2001 terrorist attacks. Despite the intervening decade, the states threatened by terrorism are still puzzling out the right balance between the powers of security services and the rights of suspected terrorists to due process. Although terrorism is now mercifully low on the public [...]
Al-Skeini may open door to more war claims
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case comments, European, International, tagged Al Skeini on August 15, 2011 | 2 Comments »
The recent European Court of Human Rights (ECtHR) judgment in Al-Skeini will certainly enter the Court’s hall of fame as a landmark judgment for pushing the boundaries of the European Convention on Human Rights’s jurisdiction. While it may take us some time to appreciate the full implications of this judgment, one of its possible consequences is the [...]
Terrorism off the agenda, for now
Posted in Art. 5 | Right to Liberty, Art. 8 | Right to Privacy/Family, Criminal, In the news, Terrorism on July 20, 2011 | Comments Off
Updated |The UK public only really worries about terrorism after an attack or a credible threat of one. Certainly, at the moment, it would take a serious threat to knock the Shakespearean drama of phone-hacking off the front pages. Nevertheless, the government and others continue their efforts to contain the threat, and it is perhaps a sign of [...]
War, power and control: the problem of jurisdiction
Posted in Art. 2 | Right to life, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case comments, Case law, European, International, tagged Al Jedda, Al Skeini on July 14, 2011 | Comments Off
The decisions by the Grand Chamber of the European Court of Human Rights in Al-Skeini and Al-Jedda, handed down last Thursday, have generally been hailed as leap forward for human rights protection. We have already provided a summary of the decisions and pointed to some of the commentary here. However, it is worth considering the core [...]
Strasbourg judge: “Those who export war ought to see to the parallel export of guarantees against the atrocities of war”
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case summaries, European, International, Margin of Appreciation, tagged Al Jedda, Al Skeini on July 7, 2011 | 1 Comment »
Updated | The legal blogs have been busy reporting on this morning’s important decisions of the Grand Chamber of the European Court of Human Rights in Al-Skeini and Al-Jedda – see my post. There has been coverage already from PHD Studies in Human Rights, the Human Rights in Ireland Blog (update – see also EJIL: Talk: [...]
European Convention on Human Rights applied in Basrah, UK failed duties to Iraqi civilians
Posted in Art. 2 | Right to life, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case summaries, European, International, Margin of Appreciation, tagged Al Jedda, Al Skeini on July 7, 2011 | Comments Off
Al-Skeini v. United Kingdom, European Court of Human Rights Grand Chamber (Application no. 55721/07) - Read judgment / press release Al-Jedda v. the UK (Application No. 27021/08)- Read judgment / press release The Grand Chamber of the European Court of Human Rights has ruled that from 1 May 2003 to 28 June 2004 the UK had jurisdiction under Article [...]
Where in the world does the Human Rights Act apply?
Posted in Art. 2 | Right to life, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case comments, European, Inquests and Inquiries, International on July 1, 2011 | Comments Off
Smith & Ors v Ministry of Defence [2011] EWHC 1676 (QB) – Read judgment The Human Rights Act applies in the UK. That much is clear. Whether it applies outside of UK territory is a whole other question, and one for which we may have a new answer when the Grand Chamber of the European [...]
Deportation, secrecy and knowing the case against you
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Immigration/Extradition, Margin of Appreciation, Terrorism on July 1, 2011 | 1 Comment »
IR (Sri Lanka) & Ors v Secretary of State for the Home Department [2011] EWCA Civ 704 – Read Judgment The Court of Appeal has rejected an argument that Article 8 of the European Convention of Rights (ECHR), the right to private and family life, requires that those challenging deportation and exclusion decisions on grounds [...]
Panorama at Winterbourne View: the human rights angle – Lucy Series
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 5 | Right to Liberty, Art. 8 | Right to Privacy/Family, Criminal, In the news, Medical, Mental Health on June 3, 2011 | 6 Comments »
I watched Panorama’s exposé of institutional abuse of adults with learning disabilities at Winterbourne View Hospital with mounting horror. What legal mechanisms were available to prevent abuses like this, or bring justice to victims? There can be little doubt that the acts of the carers towards the patients were inhuman and degrading, a violation of [...]
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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
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UKHRB on Twitter
- RT @SkyNewsBreak: David Cameron has spoken to King Abdullah of Jordan to try to extradite radical cleric Abu Qatada 26 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 2 hours ago
- ... also gives permission to appeal. Wld have found scheme "provides no mechanism for review.. disproportionate.. not compatible with A8.".. 2 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... 2 hours ago
- Recent posts
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- 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
BEWARE statutory time limits to appeal: if you are late, you are out
Posted in Art. 5 | Right to Liberty, Case comments, In the news, Mental Health on November 30, 2011 | Comments Off
Modaresi v. Secretary of State for Health & others [2011] EWCA Civ 1359, Court of Appeal Any lawyer dealing with civil or criminal cases tends to think that, if there is a time limit for doing something in the case, then if that thing does not get done on time, the court may be lenient [...]
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