Bite-size human rights case law

22 December 2010 by

Lots of judgements are being released this week as judges tie up their business in time for the holidays. Here is a quick roundup of human rights cases.

More trouble for the LSC tender process

  • Hereward & Foster Llp & Anor v The Legal Services Commission [2010] EWHC 3370 (Admin) (21 December 2010) A number of different organisations have attempted to judicially review the much criticised Legal Services Commission tender of publicly funded work, initially the Community Law Partnership and most notably (and successfully), the Law Society. In this case a solicitor has had its permission application refused regarding the LSC’s immigration tender as it was out of time, but the court  did find that the “supervisor attendance criteria” imposed by the LSC indirectly discriminated against women as in privileging round-the-clock service, it prejudiced part-time over full-time workers (see para 62 for a summary of the judge’s conclusions). So a partial (moral) victory for the solicitors, with the immigration tender process looking in trouble and vulnerable to future challenges on indirect discrimination grounds.

Prisoners’ rights

Double jeopardy not enough to prevent deportation

No further public inquiry into Iraq abuse allegations… for now

  • Mousa, R (on the application of) v Secretary of State for Defence & Anor [2010] EWHC 3304 (Admin) (21 December 2010)
    The High Court has refused a demand for a public inquiry into detention of Iraqis between 2003 and 2008, as it was satisfied that the government is still investigating the issues through its new ‘Iraq Historic Allegations Team. The High Court did not rule out the possibility of a public inquiry in future. There were over a hundred claimants, and they claimed that the state needs to open a public inquiry in order to satisfy the investigative aspect of article 3 of the European Convention on Human Rights, which outlaws torture and inhumane treatment but also requires states to adequately investigate abuse allegations in order to prevent rights breaches happening again (see our previous post for more information).

No right to documents for media in extradition hearing

Court martial was article 6 (right to fair trial) compliant

  • R -v- Timothy Twaite, Court Martial Appeal December 21, 2010
    There was no breach of article 6 fair trial rights in a finding of fraud by an air force court-martial. The appellant claimed that the 4-1 bare majority decision was insufficient for a criminal conviction, which must be beyond reasonable doubt. The court rejected his appeal, and said that in future individual members’ opinions should not be disclosed, and only a finding of guilty or not guilty should be recorded.

Sign up to free human rights updates by email, Facebook, Twitter or RSS

Welcome to the UKHRB


This blog is run by 1 Crown Office Row barristers' chambers. Subscribe for free updates here. The blog's editorial team is:
Commissioning Editor: Jonathan Metzer
Editorial Team: Rosalind English
Angus McCullough QC David Hart QC
Martin Downs
Jim Duffy

Free email updates


Enter your email address to subscribe to this blog for free and receive weekly notifications of new posts by email.

Subscribe

Categories


Disclaimer


This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.

Our privacy policy can be found on our ‘subscribe’ page or by clicking here.

Tags


Aarhus Abortion Abu Qatada Abuse Access to justice adoption ALBA Al Qaeda animal rights anonymity Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 8 Article 9 article 10 Article 11 article 13 Article 14 Artificial Intelligence Asbestos assisted suicide asylum Australia autism benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Catholicism Chagos Islanders Children children's rights China christianity citizenship civil liberties campaigners climate change clinical negligence Coercion common law confidentiality consent conservation constitution contempt of court Control orders Copyright coronavirus costs Court of Protection crime Cybersecurity Damages data protection death penalty defamation deportation deprivation of liberty Detention disability disclosure Discrimination disease divorce DNA domestic violence duty of care ECHR ECtHR Education election Employment Environment Equality Act Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Court of Justice evidence extradition extraordinary rendition Family Fertility FGM Finance foreign criminals foreign office France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage Gaza genetics Germany Google Grenfell Health HIV home office Housing HRLA human rights Human Rights Act human rights news Huntington's Disease immigration India Indonesia injunction Inquests international law internet Inuit Iran Iraq Ireland Islam Israel Italy IVF Japan Judaism judicial review jury trial JUSTICE Justice and Security Bill Law Pod UK legal aid Leveson Inquiry LGBTQ Rights liability Libel Liberty Libya Lithuania local authorities marriage mental capacity Mental Health military Ministry of Justice modern slavery music Muslim nationality national security NHS Northern Ireland nuclear challenges Obituary ouster clauses parental rights parliamentary expenses scandal patents Pensions Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries rehabilitation Reith Lectures Religion RightsInfo right to die right to family life Right to Privacy right to swim riots Roma Romania Round Up Royals Russia Saudi Arabia Scotland secrecy secret justice sexual offence Sikhism Smoking social media South Africa Spain special advocates Sports Standing statelessness stop and search Strasbourg Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture travel treaty TTIP Turkey UK Ukraine USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wind farms WomenInLaw YearInReview Zimbabwe
%d bloggers like this: