By: Guest Contributor
2 October 2011 by Guest Contributor
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 Article 8 rights to private and family life were engaged, there was a public interest in correcting a false image promoted by the claimant. It was also held that the article contributed to a debate as to the claimant’s fitness to be a role model in the light of his appointment as England football captain.
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27 September 2011 by Guest Contributor
In A.A. v. the United Kingdom, a recent case involving the deportation of a young Nigerian man, the Court faced, once again, the question whether relationships between adult children and parents/siblings amount to family life in deportation cases. The Court’s Fourth Section did not give a clear answer to this question. The 24-year-old applicant resided with his mother and did not have children of his own [also see Rosalind English’s post].
In this post, I take a quick look at the Fourth Section’s reasoning on this issue and try to situate it in the wider context of the Court’s deportation case law. One word of caution: this is an attempt to briefly look at one specific question the Court asks to decide whether the deportation has interfered with an applicant’s right to respect for her family life. Do the ties invoked by the applicant constitute family life within the meaning of Article 8 § 1? To be more specific, do relationships between adult children and parents/siblings amount to family life in deportation cases?
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18 September 2011 by Guest Contributor
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 of the World newspaper “hacked” into her voicemail. The fact that this had happened came to public prominence in July 2011 when The Guardian newspaper revealed the story.
The Metropolitan Police are now seeking an order that The Guardian journalists reveal their sources of information about the hacking. There is a suggestion that the Official Secrets Act 1989 may have been breached. The Guardian plans to resist this “extraordinary demand to the utmost” – see The Guardian 17th September – “Hacking: Met use Official Secrets Act to demand Guardian reveals sources.”
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16 September 2011 by Guest Contributor
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 Freedom of Information Act (‘FOIA’).
The Commissioner found that, where the answer was “zero”, this was not personal data and should be disclosed; otherwise, the information could be withheld under section 40. The Tribunal has upheld this decision, albeit for different reasons.
This decision is worth noting on a number of grounds.
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31 August 2011 by Guest Contributor
As a number of recent cases have made clear, the filming of policing activity in public places is a vital method of holding police to account. But there have been continuing tensions between the police and photographers over filming police activity. In January 2010 there was a protest in Trafalgar Square by photographers against the use of terrorism laws to stop and search photographers. A campaign called “I’m a photographer, not a terrorist” was launched to protect the rights of those taking photographs in public places.
However, although Guidance issued by, for example, the Metropolitan Police has made it clear that
Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel.
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21 August 2011 by Guest Contributor
Much controversy has been raised by the sentencing meted out to some of those charged with offences committed during the recent disorder. Many cases have already been sentenced either in the Magistrates’ Court. A lesser number of cases have been dealt with by the Crown Court. (Given the short time between committal to Crown Court and sentence, the latter would be guilty pleas).
In the Magistrates’ Courts, the majority of the cases have been dealt with by professional District Judges (Magistrates’ Courts). The use of “lay benches” has been very much the exception. The reason for that is not entirely clear at this time.
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16 August 2011 by Guest Contributor
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 the ECHR]’. We also made clear that, were the Inquiry to proceed on this basis, we would not submit any evidence or attend any further meetings with the Inquiry team.
In his interesting article last week (‘Will the Detainee Inquiry be human rights compliant?’, 8 August) Matthew Flinn queried our claim that the Protocol fails to meet the requirements of article 3 ECHR. Notwithstanding the government’s own statement that it doesn’t intend for the Inquiry to comply with article 3, Flinn set out various arguments to suggest that the Protocol might nonetheless comply with article 3 in any event.
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29 July 2011 by Guest Contributor
On Thursday 28th July, the Supreme Court heard a “permission to appeal” argument in the British nuclear testing case. The judgment to be appealed is that of the Court of Appeal Civil Division in Ministry of Defence v AB and others[2010] EWCA Civ 1317 – (Smith and Leveson LJJ and Sir Mark Waller).
In terse legalese, the issue to be appealed is whether the Court of Appeal – (1) applied the wrong legal test for knowledge in section 14 of the Limitation Act 1980, and (2) adopted the wrong legal approach to the exercise of discretion under section 33 of the Act. The Supreme Court granted permission for the appeal – see BBC 28th July and The Independent 28th July.
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21 July 2011 by Guest Contributor
Review: Family Courts without a Lawyer: A Handbook for Litigants in Person – Lucy Reed – Buy book here
Family Courts without a Lawyer : A Handbook for Litigants in Person is written by Lucy Reed, barrister and author of the Pink Tape blog. A title that may, on its first reading, strike fear into the heart of family lawyers and, hopefully, give a sense of relief to many litigants in person. However, this is the book that all family practitioners wish they had written and which litigants in person may consider buying, its aim being to make any interaction with the Family Courts, for the uninitiated, as stress free as possible.
The book is described as providing “as practical tool to help you in court and a reference to help you understand what happens in family proceedings, whether or not you have a lawyer”. It does not suggest going to court as a litigant in person is to be preferred over attending at court with a lawyer, nor does it suggest the opposite; it allows the reader freedom of choice.
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13 July 2011 by Guest Contributor
R (NM) Secretary v of State for Justice [2011] EWHC 1816 – Read judgment
This case concerned whether the prison authorities were in breach of the Disability Discrimination Act 1995 and the Equality Act 2010 when they failed to conduct a form investigation into a sexual assault against a prisoner with learning disabilities, NM.
It was further considered whether the failure to conduct a formal investigation was in breach of NM’s Article 3 rights. The claimant was assisted in bringing his case by the Howard League for Penal Reform. The court found in relation to all points that the defendant had acted lawfully.
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14 June 2011 by Guest Contributor
The latest issue of the Index on Censorship magazine is entitled “Privacy is Dead! Long live privacy” and includes an interview with Mr Justice Eady, conducted by the veteran legal commentator Joshua Rozenberg entitled “Balancing Acts“.
This is a rare example of an interview with a serving judge. It was conducted on 11 April 2011 – before heat was turned up in the “Superinjunction Spring”. Despite the worst efforts of the “Sunday Times” – of which more in a moment – the interview contains few surprises for those who have taken the trouble to read Mr Justice Eady’s judgments (and lectures) on the subject of privacy.
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9 June 2011 by Guest Contributor
The Supreme Court has been streaming its hearings live on the internet for three weeks now, but this week sees the first case to be streamed which has significant implications for human rights.
And, as a bonus, you can watch one of our editors, Angus McCullough QC, who is representing the Secretary of State for the Home Department. Andrea Lindsay Strugo, also of 1 Crown Office Row, is junior counsel for the Secretary of State. Richard Drabble QC is for the appellants.
From 10am, you can click here to watch the second and final day of R (on the application of Bibi and another) (FC) (Respondents) v Secretary of State for the Home Department (Appellant). For the basic background, see Adam’s post on the court of appeal judgment, formerly known as Quila and Others – Policy to prevent forced marriages “arbitrary and disruptive”, says Court of Appeal.
We understand that at present the stream is viewable around the world, although as in the UK you will have to download Microsoft Silverlight (free).
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2 June 2011 by Guest Contributor
It took until 1998 for the UK Parliament to incorporate human rights directly into the domestic legal system. In light of the dangers posed by climate change, is it time to go one step further and grant rights to the Earth herself?
Bolivia has done just that – the Mother Earth Rights Law (Ley 071(21 December 2010)) has now come into force. Congratulations to everyone involved in drafting and promoting this law. With Evo Morales’ Party (the Movement Towards Socialism) having a majority in Congress and the Senate, this law passed without much opposition. It is a wonderful legal milestone, which I have been advocating for a number of years as the only way to balance the rights that humans have with the protection of the Planet and ultimately the human race.
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2 June 2011 by Guest Contributor
Most now accept that the Earth is fragile, but can the legal system help to secure its future?
Among the ideas currently gaining currency is adding a crime of ecocide to the jurisdiction of the International Criminal Court (ICC). If this idea is accepted, ecocide would join war crimes, aggression, crimes against humanity and genocide as a fifth crime against peace.
The rationale behind the campaign for a crime of ecocide is similar to that of other ecological legal initiatives; namely, that addressing environmental imperatives requires a seismic shift in attitudes, practices and culture, in both the corporate and political spheres. Catastrophes such as Deepwater Horizon highlight the failure of existing mechanisms to ensure that the commercial world’s financial and economic prowess is matched by a duty of care for the planet on which it operates, and the rights of both its current inhabitants and those yet to come.
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27 May 2011 by Guest Contributor
Shoesmith, R (on the application of) v OFSTED & Ors [2011] EWCA Civ 642 (27 May 2011) – Read judgment
In April 2005, Sharon Shoesmith was appointed as Director of Children’s Services at Haringey London Borough Council. The appointment by a Council of such an officer is a statutory requirement – Children Act 2004 s.18. “Baby P” – who was the subject of a Child Protection Plan put in place by Haringey Social Services – died on 3rd August 2007 aged 17 months.
Those directly responsible for his death were eventually all convicted under the Domestic Violence, Crime and Victims Act 2004 s.5. Their trial, at the Old Bailey, ended on 11th November 2008. To say the least, the trial was followed by a media hue and cry demanding that heads roll.
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