Michael Alexander SECKERSON and TIMES NEWSPAPERS LIMITED against the UK Applications nos. 32844/10 and 33510/10 – Read decision / press release The European Court of Human Rights has rejected as “inadmissible” Times Newspaper’s challenge to its 2009 conviction for contempt of court. The decision, which was made by six judges, is a good example of [...]
Archive for the ‘Art. 6 | Right to Fair Trial’ Category
Times contempt challenge thrown out in Strasbourg
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Case summaries, European, Media, tagged contempt of court, contempt of court act on February 8, 2012 | 1 Comment »
Indefinite detention: not very British
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Criminal, European, Immigration/Extradition, In the news, Prisons, Terrorism, tagged abu qatada on February 8, 2012 | 4 Comments »
Angus McCullough QC appeared for Abu Qatada as his Special Advocate in the domestic proceedings before SIAC, the Court of Appeal and the House of Lords. He is not the author of this post. ‘Human Rights Act to blame!’ is a frequent refrain in the media, as well reported on this blog. Often, though, the outcome [...]
UK Supreme Court is tweeting, but where are the other courts?
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, In the news, Judges and Juries, Technology, tagged open justice on February 7, 2012 | 4 Comments »
The UK Supreme Court began tweeting yesterday as @UKSupremeCourt to deserved international fanfare. Some even speculated that Wikileaks founder Julian Assange’s extradition fate could now be revealed on Twitter. The court is already being followed by almost 4,000 Twitter users (for the uninitiated, that is a lot) and has already beaten its own Twitter policy’s [...]
Julian Assange: from the UK Supreme Court to The Simpsons
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Immigration/Extradition, In the news, Media, tagged Julian Assange, UK Supreme Court on February 1, 2012 | 5 Comments »
The Julian Assange circus rolls back into London today for the UK Supreme Court’s 2-day hearing of his appeal against extradition. It will be broadcast on Supreme Court live from 10:30am. The Wikileaks founder was granted permission in November 2011 to appeal to the Supreme Court under Section 32 of the Extradition Act 2003. If [...]
Are lawyers in right-to-die cases breaking the law?
Posted in Art. 2 | Right to life, Art. 6 | Right to Fair Trial, Art. 9 | Thought/Conscience/Religion, Case summaries, Criminal, Disciplinary Proceedings, Medical, tagged assisting suicide, suicide act 1961 on January 31, 2012 | Leave a Comment »
Philip Havers QC of 1 Crown Office Row is representing Martin in the judicial review proceedings. He is not the author of this post. Albert Camus famously wrote: ‘there is but one truly serious philosophical problem and that is suicide.’ However profound a philosophical problem, the question of suicide or, more precisely, assisted suicide is proving quite [...]
More secret trials? No thanks
Posted in Art. 6 | Right to Fair Trial, Costs and Procedure, Freedom of Information, In the news, Inquests and Inquiries, Judges and Juries, Police, Politics / Public Order, Terrorism, tagged civil proceedings, consultation responses, Justice and Security Green Paper, terrorism legislation on January 31, 2012 | 3 Comments »
A child learns early that if you don’t have anything nice to say, don’t say it. Thankfully that principle does not apply to Government consultations and this is aptly demonstrated by a group of responses to the consultation into whether “closed material” (secret evidence) procedures should be extended to civil trials. Of the responses that [...]
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
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 [...]
Veterinary tribunal did not show bias
Posted in Animals, Art. 6 | Right to Fair Trial, Disciplinary Proceedings, In the news on January 18, 2012 | 1 Comment »
Joseph Lennox Holmes (Appellant) v Royal College of Veterinary Surgeons (Respondent) [2011] UKPC 48 - read judgment The disciplinary procedures of the Royal College of Veterinary Surgeons did not give rise to any appearance of bias so as to breach a practitioner’s right to a fair trial under Article 6. Despite the fact that the membership [...]
Strasbourg: L’enfant terrible
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, European, In the news, Media, tagged abu qatada, European Court of Human Rights on January 18, 2012 | 1 Comment »
A bit like news of a wayward celebrity, judgments from the European Court of Human Rights are now awaited with a mixture of trepidation and excitement. Whatever are those crazy unelected judges going to do next? Will this be the latest “Judgment day” for the enfant terrible of Strasbourg? Yesterday the court released three judgments [...]
Extension of secret hearings would be “fundamentally unfair”, say Special Advocates
Posted in Art. 6 | Right to Fair Trial, In the news, Judges and Juries, Margin of Appreciation, Politics / Public Order on January 5, 2012 | 5 Comments »
Government proposals to increase the number of court hearings held in secret, and in which parties can only see minimal evidence relied upon by the court, have been severely criticised by the “Special Advocates” who play the central role in closed hearings. The group of 57 barristers, including 19 Queen’s Counsel, argue that despite attempts, [...]
Terrorist asset-freezing: an intrusion too far – Dr Cian Murphy
Posted in Art. 6 | Right to Fair Trial, Criminal, In the news, Margin of Appreciation, Politics / Public Order, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property, Terrorism, tagged European Court of Human Rights, terrorism legislation on December 21, 2011 | 1 Comment »
One could be forgiven, amidst the furore over the European Court of Human Rights’ Al-Khawaja judgment last Thursday, for missing the first report of the Independent Reviewer of Terrorism Legislation on the operation of the Terrorist Asset-Freezing etc Act 2010. The Report runs to over 100 pages and is the most comprehensive account of UK terrorist asset freezing in print. [...]
What price unfair dismissal, in times of austerity?
Posted in Art. 6 | Right to Fair Trial, Case law, Case summaries, Costs and Procedure, Disciplinary Proceedings, Employment on December 17, 2011 | Comments Off
Edwards v Chesterfield Royal Hospital and Botham (FC) v Ministry of Defence [2011] UKSC 58 – read judgment. Although not strictly speaking a human rights case, the Supreme Court handed down an important employment law decision this week which has significant impact on employees’ ability to claim damages if they are sacked unfairly or if [...]
Will neuroscience revolutionise the law?
Posted in Art. 6 | Right to Fair Trial, In the news, Police, Technology, tagged age of criminal responsibility on December 13, 2011 | 6 Comments »
You don’t need to be a brain scientist to see that lawyers would benefit from a more sophisticated understanding of the human brain. Neuroscientists seek to determine how brain function affects human behaviour, and the system of law regulates how those humans interact with each other. According to a new Royal Society report, lawyers and neuroscientists [...]
Should lawyers get named and shamed for being boring?
Posted in Art. 6 | Right to Fair Trial, Case comments, Judges and Juries on December 5, 2011 | 4 Comments »
Mortgage Agency Services Number Four Limited v. Alomo Solicitors, HHJ Simon Brown QC, [2011] EWHC B22 (Mercantile) Every so often, a judge gets so infuriated with the prolixity of an advocate that he has a real go at him in the resulting judgment, and this solicitors negligence case is a good example. However, this judge spiced up [...]
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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 36 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
No deportation for Abu Qatada, but where are we now on torture evidence? – Professor Adam Tomkins
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Case comments, Children, European, Terrorism, tagged abu qatada, European Court of Human Rights, immigration appeals on January 19, 2012 | 1 Comment »
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM – 8139/09 [2012] ECHR 56 – Read judgment - updated (7/2/2012): Abu Qatada is expected to be released from Long Lartin maximum security jail within days. the special immigration appeals commission (Siac) ruled on Monday that Qatada should be freed, despite the Home Office saying he continued to pose a [...]
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