The Prime Minister’s speech at the Council of Europe (see our coverage here) has attracted significant press attention over the past week – ranging from flag-waving, sabre-rattling support to criticism from Sir Nicholas Bratza (the British President of the Court). Hot on the heels of Cameron’s address on Wednesday, the Attorney-General Dominic Grieve gave a [...]
Archive for the ‘Politics / Public Order’ Category
Attorney General nuances the PM’s dig at European Court
Posted in Bill of Rights, In the news, Lectures, Margin of Appreciation, Politics / Public Order, tagged human rights, European Court of on January 31, 2012 | 2 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 [...]
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 [...]
Occupy London to be evicted – full judgment
Posted in Art. 11 | Freedom of Association, Housing, In the news, Politics / Public Order, tagged protest camp, tent city on January 18, 2012 | 2 Comments »
The City of London has succeeded in its court High Court battle against the Occupy London movement which is currently occupying an area close to St Paul’s Cathedral. As things stand, subject to any appeals, the movement has been evicted. The Judiciary website will be publishing the full judgment tomorrow morning, but for those seeking [...]
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 [...]
Extension of secret hearings would be “fundamentally unfair”, say Special Advocates
Posted in Art. 6 | Right to Fair Trial, In the news, Judges and Juries, Margin of Appreciation, Politics / Public Order on January 5, 2012 | 5 Comments »
Government proposals to increase the number of court hearings held in secret, and in which parties can only see minimal evidence relied upon by the court, have been severely criticised by the “Special Advocates” who play the central role in closed hearings. The group of 57 barristers, including 19 Queen’s Counsel, argue that despite attempts, [...]
Terrorist asset-freezing: an intrusion too far – Dr Cian Murphy
Posted in Art. 6 | Right to Fair Trial, Criminal, In the news, Margin of Appreciation, Politics / Public Order, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property, Terrorism, tagged European Court of Human Rights, terrorism legislation on December 21, 2011 | 1 Comment »
One could be forgiven, amidst the furore over the European Court of Human Rights’ Al-Khawaja judgment last Thursday, for missing the first report of the Independent Reviewer of Terrorism Legislation on the operation of the Terrorist Asset-Freezing etc Act 2010. The Report runs to over 100 pages and is the most comprehensive account of UK terrorist asset freezing in print. [...]
A human right to object to war
Posted in Art. 9 | Thought/Conscience/Religion, Case summaries, In the news, Politics / Public Order, Religion on December 13, 2011 | 7 Comments »
R v Michael Peter Lyons [2011] EWCA Crim 2808- read judgment Moral objections to the UK’s involvement in Afghanistan do not constitute a defence to an insubordination charge, the Court Martial Appeal Court has ruled. The appellant was not entitled to disobey a lawful command on the ground of conscientious objection. At the age of [...]
Should more trials be held in secret? Part 2: A Special Advocate’s comment
Posted in 1COR, Art. 6 | Right to Fair Trial, BLOG POSTS, In the news, Politics / Public Order, Terrorism on December 1, 2011 | Comments Off
This is an expanded version of a comment made on Adam Wagner’s post: Should more trials be held in secret? Our recent post highlights the Government’s consultation on the Justice and Security Green Paper. Having been involved as a Special Advocate in many hearings involving closed material, I am troubled about these proposals, as well [...]
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 [...]
Rights on the rocks: Some Bill of Rights Commission responses
Posted in Bill of Rights, European, In the news, Politics / Public Order on November 22, 2011 | 5 Comments »
Updated x 3 | One way or another, by the end of this Parliament, rights protections in the UK will look very different. If you could pull yourself away from the spectacle of actor Hugh Grant giving evidence to the Leveson Inquiry into phone hacking, the main event in yesterday’s live legal transmission bonanza was the [...]
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 [...]
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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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- 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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Poor not singled out by rise in university fees, rules court
Posted in Case comments, Education, In the news, Politics / Public Order, Protocol 2 Art. 1 | Right to education, Spending cuts on February 22, 2012 | 1 Comment »
Hurley and Moore v Secretary of State for Business, Innovation and Skills [2012] EWHC 201- read judgment This judgment, the latest in an expanding list of decisions on challenges to the Coalition government’s spending cuts, is an interesting example of judicial restraint and deference to the government on issues of macro-policy, at a time when [...]
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