65 responses to the Justice and Security Green Paper consultation, which proposes introducing “Closed Material Procedures” – secret trials – into civil courts, have been published on the official consultation website. According to the site there are potentially 25 more to come. Whilst it is a good thing that the responses have been published at [...]
Archive for the ‘Inquests and Inquiries’ Category
Sound of tumbleweed greets secret civil trials proposals
Posted in Art. 10 | Freedom of Expression, Art. 3 | Torture / Inhumane Treatment, Costs and Procedure, In the news, Inquests and Inquiries, Judges and Juries, Terrorism, tagged Justice and Security Green Paper, shoulder shrug on February 14, 2012 | 5 Comments »
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 [...]
Gibson rendition and torture inquiry has been scrapped
Posted in Art. 3 | Torture / Inhumane Treatment, In the news, Inquests and Inquiries, Politics / Public Order, Technology, tagged Ken Clarke, police investigations on January 18, 2012 | 2 Comments »
1 Crown Office Row’s Philippa Whipple QC was leading counsel to the Gibson Inquiry. She is not the writer of this post The Justice Secretary has told Parliament that the Gibson Inquiry tasked with considering whether Britain was “implicated in the improper treatment of detainees, held by other countries, that may have occurred in the [...]
Should more trials be held in secret?
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Criminal, Damages, In the news, Inquests and Inquiries, Politics / Public Order, Public/Private, Terrorism on December 1, 2011 | 6 Comments »
There is just over a month left to respond to the Government’s consultation on the Justice and Security Green Paper. Responses have to be be sent via email or post by Friday 6 January 2012. The proposals have been little reported, save for journalist Joshua Rozenberg, channeling Dinah Rose QC, warning that they will “undermine a fundamental constitutional right:”. Perhaps [...]
Investigation team “lacks necessary independence” for MOD ill-treatment allegations
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Case summaries, Inquests and Inquiries, Politics / Public Order, Technology on November 23, 2011 | 1 Comment »
Ali Zaki Mousa v Secretary of State for Defence & Anr [2011] EWCA Civ 133 - read judgment Philip Havers QC of 1 Crown Office Row represented the respondent secretary of state in this case. He is not the author of this post. The Court of Appeal has ruled that the Iraq Historic Allegations [...]
Guest post: Will the Detainee Inquiry be human rights compliant? A JUSTICE reply – Eric Metcalfe
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, In the news, Inquests and Inquiries, Terrorism on August 16, 2011 | Comments Off
A year after it was first announced, the Detainee Inquiry on 6 July published its Protocol and terms of reference. On 3 August, JUSTICaE together with 9 other NGOs wrote to the Detainee Inquiry. Among other things, we said that an Inquiry conducted on such terms would ‘plainly … not comply with Article 3 [of [...]
Will the Detainee Inquiry be human rights compliant?
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, In the news, Inquests and Inquiries, tagged Detainee inquiry on August 8, 2011 | Comments Off
Ten human rights campaign groups and the lawyers for a number of detainees alleging UK involvement in their mistreatment have confirmed that they will be boycotting the impending Detainee Inquiry. We recently posted on the publication of the Terms of Reference and the Protocol for the Detainee Inquiry and set out some of the reaction [...]
Detainee Inquiry takes shape, responds to criticisms
Posted in Art. 3 | Torture / Inhumane Treatment, In the news, Inquests and Inquiries, Terrorism, tagged Detainee inquiry on July 26, 2011 | 4 Comments »
The Terms of Reference and the Protocol for the Government’s impending Detainee Inquiry have recently been published. The Protocol makes clear that the Inquiry is to be granted unfettered access to a broad range of information, but the limitations on the publication of that information have prompted criticism from human rights groups. On 6th July [...]
Where in the world does the Human Rights Act apply?
Posted in Art. 2 | Right to life, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case comments, European, Inquests and Inquiries, International on July 1, 2011 | Comments Off
Smith & Ors v Ministry of Defence [2011] EWHC 1676 (QB) – Read judgment The Human Rights Act applies in the UK. That much is clear. Whether it applies outside of UK territory is a whole other question, and one for which we may have a new answer when the Grand Chamber of the European [...]
Does “bringing rights home” mean bringing problems home too?
Posted in 1COR, Art. 2 | Right to life, BLOG POSTS, Case comments, Case law, Case summaries, Features, Inquests and Inquiries, International, Margin of Appreciation, Police, Politics / Public Order, Terrorism on June 13, 2011 | Comments Off
McCaughey & Anor, Re Application for Judicial Review [2011] UKSC 20 (18 May 2011)- Read judgment The Supreme Court has followed the European Court of Human Rights in ruling that an inquest into the death of two people killed before the introduction of the Human Rights Act is still bound by the rules laid down [...]
7/7 inquest findings published – 52 unlawful killings
Posted in In the news, Inquests and Inquiries, Terrorism, tagged 7/7 inquest on May 6, 2011 | Comments Off
Lady Justice Hallett, Assistant Deputy Coroner for Inner West London, is giving her findings in the combined inquests into the deaths resulting from the “7/7″ London bombings on the 7 July 2005 which killed 52 and injured over 700. Unsurprisingly, the coroner has found that the 52 people who died as a result of the bombings were unlawfully [...]
Analysis: No more Iraq mistreatment inquiries (for now at least)
Posted in Art. 3 | Torture / Inhumane Treatment, BLOG POSTS, Case law, Case summaries, Inquests and Inquiries, International on January 17, 2011 | Comments Off
R (Ali Zaki Mousa) v. Secretary of State for Defence [2010] EWHC 3304 (Admin) (21 December 2010) – read judgment The High Court has dismissed a challenge to the government’s decision to ‘wait and see’ if another public inquiry into abuse of Iraqi detainees is necessary, pending the outcome of internal Ministry of Defence investigations. [...]
The Redfern Inquiry: the latest investigation into the removal and retention of human tissue
Posted in 1COR, BLOG POSTS, Case summaries, Environment, In the news, Inquests and Inquiries, Medical, Personal Injury on December 31, 2010 | Comments Off
November saw the publication of the report of the Redfern Inquiry into human tissue analysis in UK nuclear facilities (read the report, here). The inquiry was the latest in a number of investigations looking at the post mortem removal, retention and disposal of human body parts by medical and other bodies, and the extent to [...]
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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
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- Legal Blogging, by former UKHRB contributor Melina Padron February 21, 2012
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- 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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Analysis | Rabone and the rights to life of voluntary mental health patients – Part 2/2
Posted in Art. 2 | Right to life, Case comments, Inquests and Inquiries, Medical, Mental Health, tagged Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2 on February 14, 2012 | 1 Comment »
This is the second of two blogs on the recent Supreme Court case of Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2 . Part 1 is here. In my previous blog on the Supreme Court’s judgment in Rabone I discussed the central feature of the case, the extension of the operational [...]
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