In a very short judgment about asset freezing orders the Court of Appeal has made some tart observations about the inchoate nature of Strasbourg’s rulings. These will no doubt have a certain resonance given the current fervid discussion about the competence of that court. It was all in the context of an apparently esoteric argument [...]
Archive for the ‘Protocol 1 Art. 1 | Peaceful enjoyment of property’ Category
“Civil rights” in Strasbourg: development or dithering?
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case comments, Case summaries, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property, Terrorism on April 15, 2011 | 1 Comment »
Students, visas and the points system: difficulties in enforcement
Posted in Case summaries, Education, Immigration/Extradition, Protocol 1 Art. 1 | Peaceful enjoyment of property on April 12, 2011 | 1 Comment »
R(New London College) v Secretary of State for the Home Department [2011] EWHC 856 (Admin) – read judgment When she introduced the latest changes to the points-based system for allowing entry into the United Kingdom the Home Secretary Theresa May said that “this package will stop the bogus students, studying meaningless courses at fake colleges…it [...]
“Without prejudice letter” can be withheld without breaching fair trial rights
Posted in Art. 6 | Right to Fair Trial, Case summaries, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property on December 16, 2010 |
Ofulue v United Kingdom, Application no. 52512/09 – read judgment The Strasbourg Court has confirmed that the inadmissibility of a “without prejudice” letter neither interferes with an applicant’s fair trial rights under Article 6 nor does it prejudice their rights to enjoyment of property under Article 1 Protocol 1 where the production of such a letter [...]
Analysis: Cigarette vending machine ban not breach of human rights
Posted in Case comments, Children, European, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property on December 6, 2010 |
This morning we reported on the case of Sinclair Collis Ltd v Secretary of State for Health & Anor [2010] EWHC 3112 (Admin) – see Isabel McArdle’s post on the case. Rosalind English analyses the implications of the High Court’s decision. Hard on the heels of Petsafe, the administrative court has been asked once again [...]
Case summary: Cigarette vending machine ban not breach of human rights
Posted in Case law, Case summaries, European, Medical, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property, tagged Health, Imports, Tobacco on December 6, 2010 |
Sinclair Collis Limited, The Members of National Association of Cigarette Machine Operators (Interested Party) v Secretary of State for Health [2010] EWHC 3112 (Admin) – Read judgment or Rosalind English’s analysis of the decision The High Court has ruled that the Secretary of State for Health did not breach the human right to peaceful enjoyment [...]
Costing the planet: should environmental cases have a free run?
Posted in Art. 6 | Right to Fair Trial, Environment, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property on November 30, 2010 |
Big business between government and property developers may be at risk from public interest challenges in the courts if current obstacles are removed. Following critical findings by a UN environmental body, the Government has set out its latest proposals for allocating the costs burden in environmental cases. The current position is that an applicant who seeks [...]
Analysis: Pet shock collar ban – barking, or a new era for rights?
Posted in Agriculture, Animals, Case comments, Case law, Environment, European, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property, tagged animal rights on November 23, 2010 |
Updated | The recent High Court decision upholding the ban on electronic training collars for domestic animals raises the interesting and topical issue of animal welfare and its role in EU law. In her post on the case Catriona Murdoch discusses the various arguments involved, from human rights to irrationality to proportionality under EU law, [...]
Electric shock pet collar ban did not breach human rights
Posted in Animals, Case summaries, European, Protocol 1 Art. 1 | Peaceful enjoyment of property, tagged animal welfare on November 23, 2010 |
Petsafe Ltd, R (on the application of) v The Welsh Ministers [2010] EWHC 2908 (Admin) (16 November 2010) - Read judgment The High Court has ruled that a Welsh ban on the use of collars designed to administer electric shocks to cats and dogs does not breach Article 1 of the First Protocol of the ECHR [...]
Law to change on terrorist asset freezing after critical Supreme Court judgment
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, International, Margin of Appreciation, Protocol 1 Art. 1 | Peaceful enjoyment of property, Terrorism, tagged terror asset freezing on November 3, 2010 | 1 Comment »
On 1 November 2010 the Terrorist Asset-Freezing etc. Bill received its third reading in the House of Lords. The bill, which started in the Lords, must now be passed by the Commons before receiving Royal Assent. The Bill represents the coalition government’s response to the Supreme Court’s decision in HM Treasury v Ahmed (incidentally, the [...]
Supreme Court pre-nup decision: the human rights angle
Posted in Case comments, Case summaries, Children, European, Family, In the news, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property on October 21, 2010 | 1 Comment »
Radmacher (formerly Granatino) (Respondent) v Granatino (Appellant) [2010] UKSC 42 (On appeal from the Court of Appeal [2009] EWCA Civ 649) Read judgment The Supreme Court has ruled that ante-nuptial arrangements should be binding and enforceable in ancillary proceedings. Thus in future it will be natural to infer that parties who enter into an ante-nuptial agreement [...]
Gurkha defeat in claim for equal pension rights
Posted in 1COR, Art. 14 | Anti-Discrimination, Case law, Case summaries, Employment, Immigration/Extradition, In the news, Margin of Appreciation, Pensions, Politics / Public Order, Protocol 1 Art. 1 | Peaceful enjoyment of property on October 18, 2010 | 1 Comment »
R (British Gurkha Welfare Society and ors) v Ministry of Defence [2010] EWCA Civ 1098 - read judgment The Court of Appeal has rejected a fresh attempt, based on Article 14 of the European Convention on Human rights (anti-discrimination), to obtain equal pension rights for Gurkhas who served in the British Army before 1997. The long-running [...]
The limited human right to do business
Posted in Art. 8 | Right to Privacy/Family, Case summaries, Immigration/Extradition, Protocol 1 Art. 1 | Peaceful enjoyment of property on September 1, 2010 |
Prashant Modi v United Kingdom Border Agency [2010] EWHC 1996 – Read judgment Mr Justice Burnett in the High Court has found that there was no breach of a man’s right to respect for private and family life (Article 8 of the European Convention on Human Rights) when he was refused entry to the UK [...]
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Recommended- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012Supreme Court rules by 5-2 majority that Julian Assange must be extradited to Sweden. Definition of "judicial authority" is a wide one.
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- Case law
- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012Supreme Court rules by 5-2 majority that Julian Assange must be extradited to Sweden. Definition of "judicial authority" is a wide one.
- 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 […]
- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012
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UKHRB on Twitter
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Adam Wagner on Twitter
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- RT @I_am_peevee: @AdamWagner1 @gideonconn "and excellent artist"... 1 hour ago
- My friend and brilliant musician @GideonConn has a brand new video: youtube.com/watch?v=tX-ZrZ… 1 hour ago
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- Free Speech at Work: A 1COR Seminar and Mock Trial – Wed 27th June May 29, 2012 1 Crown Office Row
- Time and time again: Article 6 to the rescue May 27, 2012 David Hart QC
- 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
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Admin court grabs bull by the horns
Posted in Agriculture, Animals, Case comments, Environment, European, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property on April 20, 2011 | 1 Comment »
R (on the application of K and AC Jackson and Son) v DEFRA – read judgment. An interesting ruling in the Administrative Court this week touches on some issues fundamental to public law – the extent to which “macro” policy (such as EC law) should trump principles of good administration; the role of factual evidence [...]
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