Hardy & Maile v. United Kingdom, ECtHR, 14 February 2012 read judgment This Strasbourg decision is the end of a long saga. Our applicants Hardy and Maile lived near proposed Liquified Natural Gas terminals at Milford Haven. In 2003 and 2004, an oil refiner obtained various consents to enable the LNG to be imported, and the applicants challenged [...]
Archive for the ‘European’ Category
Does a risk of an explosion engage Article 8?
Posted in Art. 8 | Right to Privacy/Family, Environment, European, Freedom of Information, In the news on February 15, 2012 | Leave a Comment »
Please stow your rights in the overhead compartment
Posted in Case comments, Case law, Damages, Discrimination, European, Features, In the news, International, tagged air travel, compensation, passengers rights on February 9, 2012 | 3 Comments »
Stott v Thomas Cook Operators and British Airways Plc [2012] EWCA Civ 66 – read judgment If you need reminding of what it feels like when the candy-floss of human rights is abruptly snatched away, take a flight. Full body scanners and other security checks are nothing to the array of potential outrages awaiting passengers [...]
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 »
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 seven judges, is a good example of [...]
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 | 10 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 [...]
Axel Springer and Von Hannover: Grand Chamber victory for media – Inforrm
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Case summaries, European, Margin of Appreciation, Media, tagged axel springer, European Court of Human Rights, Freedom of Expression on February 7, 2012 | 1 Comment »
The media were successful in both the judgments handed down this morning by the Grand Chamber of the European Court of Human Rights. The judgments made it clear that the right to privacy has to be carefully balanced against contribution which a publication makes to a debate of general interest. In both cases, taking account [...]
Aarhus and environmental judicial review: cracking legal costs per Jackson LJ
Posted in Costs and Procedure, Environment, European, Features, In the news, International on February 2, 2012 | Comments Off
In October 2011, I posted on an important consultation, Cost Protection for Litigants in Environmental Judicial Review Claims, in which the Ministry of Justice wheeled out its proposals to get it out of the various scrapes caused by the expense of environmental challenges. The Aarhus Convention requires that environmental challenges not be “prohibitively expensive”, and both the European [...]
The princess and the actor: two important right to privacy rulings – Inforrm
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, European, In the news, Media, Public/Private, tagged axel springer ag, personality rights, princess caroline of monaco on January 31, 2012 | Comments Off
The European Court of Human Rights has announced today that it will deliver two Grand Chamber judgments, in the cases of Axel Springer AG v Germanyand von Hannover v Germany (No.2) on 7 February 2012. The cases were both heard more than 15 months ago, on 13 October 2010. We had a post about the hearing at the time (and an earlier preview).Both [...]
European Court of Human Rights: is the admissions system transparent enough? – Ben Jones
Posted in European, In the news, Judges and Juries, tagged European Court of Human Rights on January 27, 2012 | 5 Comments »
Two recent posts on this blog have brought deserved attention to the question of the European Court’s handling of admissibility decisions. In the course of criticising the substantial misrepresentation of the statistics for UK petitions to the European Court, Andrew Tickell’s piece highlighted the significant contribution of “highly discretionary concepts” in the filtering of the [...]
Is Strasbourg obsessively interventionist? A view from the Court – Paul Harvey
Posted in European, In the news, Judges and Juries, Politics / Public Order, Poor reporting on January 24, 2012 | 1 Comment »
Andrew Tickell in his recent post (Is the European Court of Human Rights obsessively interventionist?) makes a number of important points about the European Court of Human Rights’ approach to admissibility, in particular the application of the manifestly ill-founded criterion. Perhaps understandably, the majority of legal scholars have preferred to focus on the more substantive [...]
Mr Cameron goes to Strasbourg
Posted in European, In the news, Politics / Public Order on January 24, 2012 | 13 Comments »
Updated | In the 1939 film Mr. Smith Goes to Washington, James Stewart plays a local Boy Rangers leader who becomes a US Senator and, against all odds, triumphs agains the corrupt bureaucrats in Washington. Tomorrow, according to The Sun, “battling” Prime Minister David Cameron will be travelling to Strasbourg in, it would seem, similar [...]
Is the European Court of Human Rights obsessively interventionist?
Posted in Bill of Rights, European, In the news, Poor reporting, tagged Strasbourg on January 22, 2012 | 2 Comments »
Marie-Bénédicte Dembour calls them ‘forgotten cases’. As Adam Wagner demonstrated in a blog post of last week, Eurosceptic newspapers have a particular interest in overlooking the European Court of Human Right’s decisions of inadmissibility, seeking to buttress claims that the Court is wildly interventionist, imposing alien “European” logics on Britain with gleeful abandon. Both the [...]
The god of free trade: why Austria cannot stop big lorries from using its motorways
Posted in Case comments, Environment, European, In the news, Margin of Appreciation on January 21, 2012 | Comments Off
C-28/09, European Commission v. Austria, 21 December 2011 - read judgment Many countries in the EU are struggling to comply with its laws about air pollution. The UK is in continuing breach of its nitrogen dioxide emission limit: see my post just before Christmas. But one way a country can try to comply with these laws is [...]
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 [...]
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 [...]
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Recommended- Murder, Terrorism - two important cases February 23, 2012
- High Court upholds University Fees Regulations February 23, 2012
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
- Gove urged to clarify position on anti-gay texts in schools - PinkNews.co.uk February 22, 2012
- BBC - Law in Action, Legal aid changes: long overdue reform or denial of justice? February 22, 2012
- KENNEDY V IC AND CHARITY COMMISSION: COURT OF APPEAL DECIDES February 22, 2012
- Legal Blogging, by former UKHRB contributor Melina Padron February 21, 2012
- Kate Malleson: Taking the politics out of judicial appointments? February 21, 2012
- Case law
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
- Hurley & Moore, R (on the application of) v Secretary of State for Business Innovation & Skills [2012] EWHC 201 (Admin) (17 February 2012) February 17, 20122 students fail in judicial review of tuition fee rises. Human rights (right to education under A2/P2) challenge failed outright; public law challenge failed despite finding that Sec of State "did not carry out the rigorous attention to" Public Sector Equality Duties
- Sugar v British Broadcasting Corporation & Anor [2012] UKSC 4 (15 February 2012) February 15, 2012Supreme Court: BBC need not disclsoe Israel-Palestine coverage bias report as it falls under the "journalistic material" exemption to the Freedom of Information Act
- HARDY AND MAILE v. THE UNITED KINGDOM - 31965/07 [2012] ECHR 261 (14 February 2012) February 14, 2012Strasbourg Art 8 challenge to construction of liquefied natural gas terminals in Milford Haven harbour fails
- Milind Manohar Sanade, Damion Harrison and Conroy Maurice Walker -v- The Secretary of State for The Home Department - Upper Tribunal February 10, 2012Upper Tribunal guidelines decision on human rights exceptions to automatic deportations of immigrants with spouse and young children
- 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
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012
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- Had a really fun evening at @oxfordbarsoc's human rights question time. Most of the clashes were over death penalty (P Hitchins v @amicus) 18 hours ago
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- Recent posts
- Poor not singled out by rise in university fees, rules court February 22, 2012 Karwan Eskerie
- Crimes committed by victims of human trafficking – should they be prosecuted? February 22, 2012 Rosalind English
- Michael Gove’s full letter on homophobic teaching materials in schools February 22, 2012 Adam Wagner
- Keeping it controversial: Religion, deportation and open justice – The Human Rights Roundup February 20, 2012 Wessen Jazrawi
- Belgium bitten by Aarhus – again February 19, 2012 David Hart QC
- Is it legal to teach gay hate in schools? February 19, 2012 Adam Wagner
- Analysis | Court of Appeal upholds hotel gay discrimination ruling – Marina Wheeler February 19, 2012 1 Crown Office Row
- Former Top Judge hits back at current Top Judge February 17, 2012 Richard Mumford
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Belgium bitten by Aarhus – again
Posted in Case comments, Case law, Environment, European on February 19, 2012 | Leave a Comment »
Solvay, CJEU, 16 February 2012 read judgment This case is a sequel to C-128/09 Boxus, CJEU, 18 October 2011, for which see my post. Boxus was a reference from the Belgian Conseil d’Etat. Solvay was a reference from the Belgian Constitutional Court, with a wide set of questions asking, in effect, whether ratification by the Walloon Parliament of [...]
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