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Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2376 (Fam) (01 September 2011) – Read judgment
Sir Nicholas Wall, the President of the Family Division, has suspended a nine-month prison sentence for contempt of court given to Elizabeth Watson, a “private investigator” who published online sex abuse allegations which had been rejected by a series of judges.
The case has involved many of the foot soldiers in a bitter and public battle between the family law system and campaigners who say it is corrupt and not fit for purpose. Recognised this, Lord Justice wall used the opportunity to “dispel a number of myths”. First,
I posted recently on the ongoing saga surrounding the UK’s implementation of the Hirst No. 2 case, in which the European Court of Human Rights found that the UK’s blanket ban on prisoners voting was a breach of the European Convention on Human Rights. The correspondence between the court and the UK Government is now available and I have reproduced it below.
In short, the UK previously had until 11 October 2011 to “introduce legislative proposals” to end the ban. But it has now been given a reprieve as a result of seeking to intervene in another case, Scoppola v Italy (No. 3) (available in French, English press release here), which is going to the court’s Grand Chamber This is another prisoner voting case.
Updated x 2 |Following on from Obiter J’s guest post, when considering the Metropolitan Police Commissioner’s attempt to force a Guardian journalist to disclose her source, it is worth revisiting the seminal case of Shayler, R [2002] UKHL 11. The case, which arose shortly after the Human Rights Act came into force, shows how heavily stacked the law is against those accused of causing to leak state secrets, but may also reveal some limited hope for journalists too.
Although it now appears that the case is being brought under section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984, it is still worth examining the powers which the police have under both PACE and the Official Secrets Act.
Simply, according to the House of Lords in Shayler, there is no public interest defence to the charges under sections 1 and 4 and none will be implied by the courts as a result of human rights law. However, section 5 was not considered and may still bear fruit should a prosecution be brought under it.
As has been long-heralded, the law on universal jurisdiction changed today. The change is contained in the new Police Reform and Social Responsibility Act and means that although anyone can initiate war crimes proceedings, the consent of the Director of Public Prosecutions will be required before an arrest warrant is issued. The Justice Minister Ken Clarke said:
We are clear about our international obligations and these new changes to existing law will ensure the balance is struck between ensuring those who are accused of such heinous crimes do not escape justice and that universal jurisdiction cases are only proceeded with on the basis of solid evidence that is likely to lead to a successful prosecution.
The report, which finds a “systemic failure by public authorities to recognise the extent and impact of harassment and abuse of disabled people” can be downloaded here, the “easy read” version here and the executive summary here. I have also reposted the Executive Summary via Scribd below. The Inquiry found, amongst other things:
This year’s festival of books and ideas, organised by my fellow blogger Rosalind English, takes place once again from 14 – 16 October in the elegant market town of Burnham Market in North Norfolk, with a great line up of speakers, and subjects ranging from the Tudor Queens to the life of Leo Tolstoy.
Sparks may fly when former brigadier Allan Mallinson challenges historian David Edgerton about his revisionist view of Britain in WWII Britain’s War Machine, and butterflies flutter with Patrick Barkham’s heroic efforts to spot all British species of Papilio in one year. On Saturday evening TV architectural historian takes attendees behind the scenes of the English Country house.
Tickets are a snip at £10 event from the Whitehouse Bookshop, 01328 730270. You can download the programme here or visiting the website here.
It is ten years since the terror attacks of 11 September 2001. Like many people, I have been thinking back to where I was on that day.
Bizarrely, given what followed, I spent 11 September 2001 only a few miles away from the United States military base in Guantanamo Bay. I was travelling through Cuba with friends, and we had reached the Eastern tip of the island, the seaside village of Baracoa. We had even visited Guantanamo Bay’s entrance the previous day; it was a tourist attraction which the Lonely Planet guide billed as the place where you could find Cuba’s only MacDonalds.
It is already clear that the Commission has its work cut out because of the strong opposing views of its membership. After the publication of its initial consultation document, one of the Commission’s members, Michael Pinto-Duschinsky instantly said “I strongly regret the terms in which it has been presented.” Now the Commission’s chairman has had to publish a letter alongside its advice so that the views of one member (is it Pinto-Duschinsky again?), that there should be some form of “democratic override” of the court’s decisions, could be incorporated despite them not being agreed to by the other members.
The report is worth reading. It contains useful summaries of the 17 European Court of Human Rights judgments against the UK in 2010 and the government’s response to them.
But what is really interesting is what it says about prisoner votes, and the government’s 6-year delay in implementing the 2005 decision in Hirst (No.2) v UK.
In a recent speech about the August riots, the Prime Minister bemoaned the “twisting and misrepresenting of human rights”. Unfortunately, this practice is common in the press, sometimes by accident but often by design.
One common accusation against the Human Rights Act is that it prevents the state deporting some foreign criminals. This is sometimes true; for example, the state cannot deport anyone if to do so would put them at a real risk of being tortured. But other law can be “to blame” too for preventing deportation of criminals, as was the case with Learco Chindamo, the killer of head teacher Philip Lawrence. This has not prevented the Daily Telegraph from again using his case as an example of human rights gone wrong.
The Justice Secretary Ken Clarke has announced that the ban on broadcasting in courts is to be lifted. Broadcasting will initially be allowed from the Court of Appeal, and the Government will “look to expand” to the Crown Court later. All changes “will be worked out in close consultation with the judiciary“.
Two welcome additions to the legal blogosophere have just launched, both of which will be of interest to readers of this blog.
RightsNI (Twitter: @RightsNI) is a great looking human rights blog from Northern Ireland. It joins another fantastic blog from across the Irish Sea, the Human Rights in Ireland Blog. Rights NI already has a wide range of contributors including academics and human rights NGO workers. Recent posts include:
A little closer to home for the UK Human Rights Blog is EUtopia Law (Twitter: @Eutopialaw), produced by members of Matrix barristers’ chambers who also produce the fantastic UK Supreme Court Blog. The first and so far only post (fair enough; they launched yesterday) is something we have certainly touched upon on this blog:
Updated | Next week will mark the 10th anniversary of the 11 September 2001 terrorist attacks. Despite the intervening decade, the states threatened by terrorism are still puzzling out the right balance between the powers of security services and the rights of suspected terrorists to due process.
The intelligence services have now tightened up their policy towards interviewing detainees overseas, but one policy which is still in flux is the control order regime, soon to be succeeded by Terrorism Prevention and Investigation Measures (TPIMs).
With thanks to the Judicial Press Office, below is the full press release from the President of the Family Division in a case involving a “super injunction”, John Hemming MP, false allegations of pedophilia and some poor press reporting.
Press Release from the president of the Family Division: Re X (a child)
I am today giving two judgments, both of which will be in open court.
The first judgment will put into the public domain matters which, in care proceedings under the Children Act 1989 Parliament has decided are normally confidential to the court and to the parties. The second will explain why I have found a woman called Elizabeth Watson in contempt of court. After giving the second judgment. I will adjourn to hear any mitigation Ms Watson may wish to put forward as to why I should not send her to prison.
The Human Rights Act has been blamed for many things, but recent suggestions that it caused a series of riots were tenuous by any standards.
A major problem with human rights law is that there is so much disinformation in the public domain. Thankfully, the British Institute on Human Rights is going on tour to try to correct the balance. The organisation is visiting 16 venues around the UK from September to December, seeking to answer the following questions:
What’s the role of human rights in a period of cut backs to public services? What is the role of human rights in protecting the vulnerable? Do human rights offer an effective tool for people wishing to challenge the impact of service cuts or changes? How do we make sure we balance one person’s rights against the interests of society as a whole?
The full list of venues and dates here and you can book here.
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Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2376 (Fam) (01 September 2011) – Read judgment
I 
This year’s 
It is ten years since the terror attacks of 11 September 2001. Like many people, I have been thinking back to where I was on that day.
In a 
The Justice Secretary Ken Clarke has 
Two welcome additions to the legal blogosophere have just launched, both of which will be of interest to readers of this blog.
With thanks to the Judicial Press Office, below is the full press release from the President of the Family Division in a case involving a “super injunction”, John Hemming MP, false allegations of pedophilia and some poor press reporting. 
The Human Rights Act has been blamed for many things, but 
This blog is run by
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