R (o.t.a Cornwall Waste Forum, St Dennis Branch) v Secretary of State for Communities and Local Government, Court of Appeal, 29 March 2012, read judgment The CA has just held that Collins J was wrong to hold (per my previous post) that the local NGO had a legitimate expectation that the Secretary of State would decide [...]
Archive for the ‘European’ Category
Cornish waste incinerator case reversed- expectation not legitimate after all
Posted in Case comments, Case law, Environment, European on March 30, 2012 |
Promptness yet again in judicial review: It’s Complicated
Posted in Case comments, Case law, Environment, European, In the news on March 29, 2012 |
Berky, R (on the application of) v. Newport City Council, Court of Appeal, 29 March 2012, read judgment Two first-instance cases last year (Buglife, and Broads) considered whether a defendant to a judicial review involving a European point can complain that the proceedings were not commenced “promptly” even though they were commenced within the 3 month time [...]
Reasons and evidence in Europe
Posted in Art. 6 | Right to Fair Trial, Case comments, European, In the news, International, Protocol 1 Art. 1 | Peaceful enjoyment of property on March 22, 2012 | 3 Comments »
Cases T-439/10 and T-440/10, Fulmen & Mahmoudian v. Council of the European Union, read judgment Fulmen, as many of you will know, means thunderbolt in Latin. So it must have seemed when this Iranian company had its assets frozen. This case is a good example of how general principles of European law were applied to annul measures [...]
Future of human rights court must not be decided by shadowy late night deals – Angela Patrick
Posted in Bill of Rights, European, Features, In the news, Politics / Public Order, tagged European Court of Human Rights, human rights on March 13, 2012 | 1 Comment »
This post, by Angela Patrick, Director of Human Rights Policy at JUSTICE, is the fourth in a series of posts analysing the UK’s draft “Brighton Declaration” on European Court of Human Rights reform. It’s a busy week for the debate on human rights reform. Today at 2:15pm, the Joint Committee on Human Rights will question [...]
Law, politics, and the draft Brighton Declaration – Dr Mark Elliott
Posted in Bill of Rights, European, Features, In the news, International, Politics / Public Order, tagged Brighton Declaration, European Court of Human Rights, human rights on March 9, 2012 | 2 Comments »
This is the third in a series of posts analysing the UK’s draft “Brighton Declaration” on European Court of Human Rights reform. Although not a “supreme law bill of rights”, the Human Rights Act 1998 is a significant constraint upon the political-legislative process. In this post, I argue that the extent of that constraint would [...]
Reforming or redefining the European Court of Human Rights? – Noreen O’Meara
Posted in Bill of Rights, European, In the news, International, Judges and Juries, tagged human rights on March 8, 2012 |
This is the second in a series of posts analysing the UK’s draft “Brighton Declaration” on European Court of Human Rights reform. Reactions to proposals for reforming the European Court of Human Rights contained the recently leaked Draft Brighton Declaration have been rightly critical. Concerns have been directed at specific features which could impact on [...]
Who should have the final word on human rights? – Dr Ed Bates
Posted in European, In the news, International, Politics / Public Order, tagged European Court of Human Rights reform on March 6, 2012 | 3 Comments »
This is the first in a series of posts analysing the UK’s draft “Brighton Declaration” on European Court of Human Rights reform. Much of the criticism directed toward the European Court of Human Rights over the last year or so, in this country at least, has been that it is too ready to overrule decisions [...]
Can UK courts pass judgment on due process in other Convention countries?
Posted in Art. 6 | Right to Fair Trial, Case summaries, Company/Commercial, Damages, European, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property, tagged Legal Certainty on March 5, 2012 |
Merchant International v Naftogaz International [2012] EWCA Civ 196 - read judgment The Court of Appeal has ruled that domestic courts may refuse to recognise a judgment of another Convention country on the basis that it failed to respect the fair trial principles in Article 6. In this case the Ukraine Supreme Court was said to [...]
Annulment: all or nothing? Walloons in a mess about muck-spreading
Posted in Agriculture, Case comments, Case law, Environment, European on March 4, 2012 |
Case C-41/11,Inter-Environnement Wallonie ASBL,Terre wallonne ASBL v Région wallonne, CJEU, 28 February 2012, read judgment Some years ago, Belgium got itself into trouble for not properly implementing the Nitrates Directive, a measure designed to limit the amount of water pollution arising from muck-spreading and other good old-fashioned agricultural activities. And then it got itself into trouble under another [...]
Draft declaration on British ECHR reform plans leaked – Antoine Buyse
Posted in Bill of Rights, European, In the news, tagged European Court of Human Rights, principle of subsidiarity on February 29, 2012 | 4 Comments »
Updated | The French translation of the draft of the so-called ‘Brighton Declaration’ (the seaside city where state parties to the ECHR will meet in April to discuss reforms of the Court and the Convention) has been leaked after the UK government refused to circulate the text publicly. Last week, the draft was presented to the Ministers’ deputies of [...]
The democratic legitimacy of human rights
Posted in 1COR, CONVENTION RIGHTS, European, International, Lectures, tagged constitution, ECHR, human rights conventions, judiciary on February 28, 2012 | 6 Comments »
Why should we bother with the European Convention on Human Rights? Many of those that would never contemplate leaving the ECHR still question whether we should abide by controversial decisions such as those on prisoners’ voting rights or deportation. UCL’s Professor Richard Bellamy attempted to answer this question at the Statute Law Society’s talk on [...]
Belgium bitten by Aarhus – again
Posted in Case comments, Case law, Environment, European on February 19, 2012 |
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 [...]
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 |
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 [...]
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 [...]
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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.
- Supreme Court judgment: Assange v Swedish Judicial Authority - Carl Gardner May 30, 2012
- Julian Assange's extradition stayed thanks to quick legal footwork | Joshua Rozenberg | Law | guardian.co.uk May 30, 2012
- New Judgment: Assange v The Swedish Judicial Authority [2012] UKSC 22 May 30, 2012
- What if Julian Assange loses in the Supreme Court? May 29, 2012
- Secret justice concessions won't silence its critics | The Spectator May 29, 2012
- ICLR's case summaries are now on Guardian Law | Daniel Hoadley | Law | guardian.co.uk May 29, 2012
- The High Court is unable to agree on Twitter Joke Trial appeal - David Allen Green May 28, 2012
- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012
- 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
- #Assange loses SC appeal 5 votes to 2. Like to be #ECtHR application to block #extradition 4 hours ago
- #Assange Supreme Court decision imminent bbc.co.uk/news/uk-182594… #extradition 5 hours ago
- Also fresh on the blog- The Erika: Cour de Cassation has its thinking cap on by David Hart QC ukhumanrightsblog.com/2012/05/29/the… 5 hours ago
- Good morning all, @IsabelMcArdle here. Justive and Security Bill- the govt is not for turning by Angela Patrick ukhumanrightsblog.com/2012/05/29/jus… 5 hours ago
Adam Wagner on Twitter
- RT @simonmckay: Catt v Metropolitan Police. Important case on #protest and #dataretention. Would be surprised if it was not appealed:htt ... 54 minutes ago
- For anyone who hasn't read it > Justice & Security Bill: Government is not for turning - Angela Patrick of @justicehq: wp.me/pJiO3-3Gc 1 hour ago
- RT @CrowtherSimon: Excellent piece by @justicehq's Angela Patrick on Just& Sec Bill on @ukhumanrightsb ukhumanrightsblog.com/2012/05/29/jus… #secretj ... 1 hour ago
- 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
- Excellent from @joshuarozenerg on the potentially embarrassing mess surrounding the #Assange ruling is.gd/4Qs0h3 1 hour ago
- Recent posts
- The Erika: Cour de Cassation has its thinking cap on May 29, 2012 David Hart QC
- Justice and Security Bill: The Government is not for turning – Angela Patrick May 29, 2012 1 Crown Office Row
- We need to think about Kevin May 29, 2012 Rosalind English
- Key Justice and Security Bill resources May 29, 2012 Adam Wagner
- 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
Disclaimer
The Erika disaster – why we need an international environmental court
Posted in Case comments, Case law, Criminal, Environment, European, In the news, International on April 8, 2012 | 4 Comments »
A long saga with a very new twist which should make even the most strident critic of international courts think again. On 12 December 1999, the Erika sank some 60 nautical miles off the Brittany coast, spilling some 20,000 tonnes of heavy fuel which in due course polluted some 400 km of the French coastline. [...]
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