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 ‘Freedom of Information’ 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 »
Supreme Court rules BBC need not reveal internal Israel-Palestine coverage report
Posted in Art. 10 | Freedom of Expression, Case summaries, Freedom of Information, Media, tagged Balen Report, Freedom of Information Act 2000, israeli palestinian conflict, Sugar v BBC on February 15, 2012 | Leave a Comment »
Sugar (Deceased) (Represented by Fiona Paveley) (Appellant) v British Broadcasting Corporation (Respondent) [2012] UKSC 4 – Read judgment / press summary The Supreme Court has ruled unanimously that an internal BBC report into its coverage of the Israeli Palestinian conflict was “information held for the purposes of journalism, art or literature” and therefore need not be [...]
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 [...]
R (Associated Newspapers) v Lord Justice Leveson: Challenge to Anonymity Ruling Dismissed
Posted in Art. 10 | Freedom of Expression, Case summaries, Freedom of Information, Inquests and Inquiries, Media, tagged associated newspapers on January 22, 2012 | Comments Off
Associated Newspapers Ltd, R (on the application of) v Rt Hon Lord Justice Leveson [2012] EWHC 57 – Read judgment On Friday 20 January 2012 the Administrative Court dismissed the second application for judicial review of the Leveson Inquiry. The Court dismissed an application by Associated Newspapers (supported by the Daily Telegraph) to quash the [...]
Freedom of information – no longer the Cinderella of rights
Posted in In the news, Animals, Art. 10 | Freedom of Expression, Freedom of Information, tagged freedom of information, climate change, Newcastle university, Freedom of Information Act 2000 on November 17, 2011 | 1 Comment »
BUAV v Information Commissioner and Newcastle University (EA/2010/0064) – read judgment There is no doubt that freedom of expression plays a starring role in the human rights fairy tale. While she is carried aloft on the soaring rhetoric of citizens’ rights from the newsrooms to protesters’ rallies, the right to information, her shy stepsister, is [...]
Climate change: No right to know effect of new EU rules
Posted in Art. 10 | Freedom of Expression, Case summaries, Environment, European, Freedom of Information, Politics / Public Order on November 16, 2011 | Comments Off
Sinclair v Information Commissioner and Department of Energy and Climate Change EA/2011/0052 (08 November 2011) – Read ruling The Environmental Information Regulations 2004 (“EIR”) did not require the Department of Energy and Climate Change (“DECC”) to disclose information concerning the government’s analysis of the potential cost to the UK of strengthened climate change commitments by [...]
Leveson goes live
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Freedom of Information, In the news, Media, Technology, tagged Leveson Inquiry on November 14, 2011 | 4 Comments »
Updated |Today marks a minor landmark for open justice. For the first time, a public inquiry is being shown live over the internet. The Leveson Inquiry into Culture, Practices and Ethics of the Press has taken over Court 73 in the Royal Courts of Justice, so when Counsel to the Inquiry Robert Jay QC begins [...]
Snooping councils, phone hacking, CCTV… time to reform surveillance laws?
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Criminal, Freedom of Information, In the news, Politics / Public Order, Public/Private, Technology on November 4, 2011 | 5 Comments »
JUSTICE, a law reform and human rights organisation, has today published a significant and wide-ranging critique of state surveillance powers contained in the Regulation of Investigatory Powers Act (RIPA). The report - Freedom from Suspicion – Surveillance Reform for a Digital Age – is by Eric Metcalfe, former director of JUSTICE and recently returned to practise as [...]
Times can use leaked Police documents in libel defence
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Defamation / Libel, Freedom of Information, Police on October 25, 2011 | Comments Off
Commissioner of Police of the Metropolis & Anor v Times Newspapers Ltd & Anor [2011] EWHC 2705 (QB) (24 October 2011) – Read judgment. Mr Justice Tugendhat has held that, with restrictions, The Times Newspapers Ltd (TNL) should be allowed to use information from leaked documents in its defence to a libel claim brought by [...]
More secret justice on the horizon
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Criminal, Freedom of Information, In the news, Judges and Juries, Politics / Public Order, Terrorism, tagged secret justice on October 19, 2011 | Comments Off
The Cabinet Office has released its long awaited (by this blog at least) Justice and Security Green Paper, addressing the difficult question of to what extent the state must reveal secret information in court proceedings. A consultation has been launched on the proposals; responses can be sent via email by Friday 6 January 2012. The [...]
Ferdinand v MGN – a “Kiss n’ Tell” public interest defence succeeds – Lorna Skinner
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Case comments, Defamation / Libel, Freedom of Information, Media, tagged Rio Ferdinand on October 2, 2011 | 2 Comments »
Ferdinand v Mgn Ltd (Rev 2) [2011] EWHC 2454 (QB) – Read judgment In the first “misuse of private information” trial against a newspaper since Max Mosley in 2008, Mr Justice Nicol dismissed a claim brough by England and Manchester United footballer Rio Ferdinand against the “Sunday Mirror”. The Judge found that, although the claimant’s [...]
Your honey with a dash of GM pollen: EU Court rules
Posted in Agriculture, Case comments, Environment, European, Freedom of Information on September 22, 2011 | 2 Comments »
Case C‑442/09 Bablok et al v. Freistaat Bayern, Monsanto intervening The result of this decision by the CJEU is summed up in a pithy summary by EU Business entitled “EU court backs angry honeymaker in GM pollen row.” The underlying question arose when food law met honey law (yes, there is one) met GMO licensing law, It was all about whether adventitious [...]
Is the Official Secrets Act about to be used to gag journalism? – Obiter J
Posted in Art. 10 | Freedom of Expression, Criminal, Freedom of Information, In the news, Media, Police on September 18, 2011 | 7 Comments »
Updated |Nine years ago, in March 2002, Amanda “Milly” Dowler (aged 13) was on her way home from school. She was kidnapped and murdered and her body was found in September 2002. In June 2011, Levi Bellfield was convicted of her murder and sentenced to a “whole life” tariff. When Milly went missing, journalists of the News [...]
Some information on local sex offence teachers must be disclosed, rules tribunal
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Case comments, Criminal, Education, Freedom of Information on September 16, 2011 | 1 Comment »
In Colleen Smith v IC and Devon & Cornwall Constabulary (EA/2011/0006), the requester asked for information on the number of school teachers in specified towns who had been investigated, cautioned and charged under the Sexual Offences Act 2003 between January 2005 and November 2007. The Constabulary eventually relied on the personal data at section 40(2) of the [...]
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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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- 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
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Prince Charles, oysters and environmental information
Posted in Case comments, Environment, European, Freedom of Information, In the news, Public/Private on November 6, 2011 | 1 Comment »
Bruton v IC and The Duchy of Cornwall & The Attorney General to HRH the Prince of Wales (EA/2010/0182) 3 November 2011. This significant decision of the First Tier Tribunal (FTT) is well described on 11 KBW’s Panopticon blog. So just a few thoughts on a case which has the hallmarks of going to appeal. The underlying [...]
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