By: Adam Wagner
23 December 2010 by Adam Wagner
Legal Services Commission v Humberstone, R.( On the application of) [2010] EWCA Civ 1479 (21 December 2010) – Read judgment
The high court was right to quash the decision of the Legal Services Commission not to recommend public funding for a mother to be represented at the inquest into the death of her 10-year-old son. However, the court of appeal has ruled that the judge’s conclusions on when the state was obliged to conduct an expanded inquest into a death were confused.
The court of appeal has upheld the decision of Mr Justice Hickinbottom in the high court, although Lady Justice Smith came to her decision by a different route and criticised his reasoning. The case is important as it lays down guidelines for when legal representation for relatives of the dead should be funded at inquests, an often controversial issue, and how this fits with the state’s duties to investigate deaths under the European Convention on Human Rights. These duties have, partly as a result of Mr Justice Hickinbottom in this case, fallen into confusion, and the court of appeal has given a welcome clarification.
Continue reading →
Like this:
Like Loading...
22 December 2010 by Adam Wagner
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.
Like this:
Like Loading...
20 December 2010 by Adam Wagner
The Lord Chief Justice has issued interim guidance on the use of live text-based forms of communication, including Twitter, from court for the purpose of fair and accurate reporting.
For the time being, it will be possible to apply to a judge for permission to turn on one’s mobile phone or computer in order to tweet. Judges must consider whether the application “may interfere with the proper administration of justice“. The most obvious purpose for permitting the use of live, text-based communications “would be to enable the media to produce fair and accurate reports of the proceedings.”
Continue reading →
Like this:
Like Loading...
20 December 2010 by Adam Wagner
Updated | Following the US Senate’s vote to repeal the ban on gay soldiers serving in the US military, it is interesting to compare the situation in the British Army, where gay soldiers have been allowed to serve since 2000.
The UK government was in fact forced to change its policy following a series of court rulings, as the US government might have been if the “don’t ask, don’t tell” policy had made it to the Supreme Court, which was looking inevitable before the Senate vote.
Continue reading →
Like this:
Like Loading...
19 December 2010 by Adam Wagner
The long-standing ban on homosexuals serving in the United States military has been struck down by the US Senate. Now the repeal needs to be confirmed by President Obama, who is a long-standing opponent of the ban.
The Senate voted 65 to 31 to approve a repeal of the Clinton-era policy which sought to diminish the ban by not asking soldiers about their sexual orientation, but also requiring them to keep it a secret during their service. It was argued that this policy ultimately led to discrimination which was found to be unconstitutional.
Continue reading →
Like this:
Like Loading...
17 December 2010 by Adam Wagner
Chester v Secretary of State for Justice & Anor [2010] EWCA Civ 1439 (17 December 2010) – Read judgment
The Court of Appeal has rejected a claim by a man convicted of raping and murdering a seven-year-old girl that the court should grant him the right to vote. Meanwhile, following the judgment the government has announced that it plans to allow all prisoners less than four years to vote.
Mr Chester’s case is interesting from a constitutional perspective, although the decision is not too surprising, as I will explain. But it does highlight the complex and sometimes unsatisfactory manner in which human rights are protected in the UK.
Continue reading →
Like this:
Like Loading...
16 December 2010 by Adam Wagner
CASE OF A, B AND C v. IRELAND (Application no. 25579/05) – Read judgment / press release
The Grand Chamber of European Court of Human Rights has ruled unanimously that abortion must be more accessible in Ireland for women whose lives are at risk. It rejected applications that abortion must be more widely available in other circumstances.
The ruling does not represent a significant departure from the current state of Irish law – in that it does not require the state to legalise abortion more than it technically already has done – but the probable changes in the law may result in a general softening towards abortion in general, as, in theory at least, it will be much easier for women in life threatening situations to obtain an abortion. Up until now, the law has made it practically impossible to do so.
Moreover, the recognition that abortion falls under article 8 (the right to private and family life) may also lead in future to more wide-ranging judgments, along the lines of Roe v Wade in the United States.
Continue reading →
Like this:
Like Loading...
15 December 2010 by Adam Wagner
Principal Reporter (Respondent) v K (Appellant) and others (Scotland) [2010] UKSC 56 – Read judgment / press summary
The Supreme Court has ruled that Scottish law, which previously did not give unmarried fathers the right to take part in a hearing relating to a child with whom they have established family ties, is incompatible with human rights law.
The statutory provision which defines the categories of people who have a right to take part in the hearings must be read to include anyone who has established family life with the child. The Human Rights Act empowers courts to “read” legislation in such a way as to give effect to the European Convention on Human Rights.
Continue reading →
Like this:
Like Loading...
14 December 2010 by Adam Wagner
Julian Assange, the founder and head of Wikileaks, has succeeded in an initial challenge to last week’s refusal to grant bail in his extradition case. And, in an appropriate nod to the internet age, the judge granted two people the right to tweet from the court.
The tweeters (definition: users of Twitter, a social website which allows people to post 140 character messages to people who chose to follow them) are Alexi Mostrous, a Times special correspondent, and Heather Brook, a writer. Mostrous tweeted at 14:30:
judge just gave me explicit permission to tweet proceedings “if it’s quiet and doesn’t disturb anything”.
#wikileaks
Continue reading →
Like this:
Like Loading...
14 December 2010 by Adam Wagner
You may have noticed that we have started to provide a bit more detail in the “Latest news” and “Case law” sections on the right sidebar.
This is so we can provide quicker news updates, and can notify readers of cases before we have had a chance to post on them in more detail. You can access the full list (RSS – for those who know what that means) of news updates here, or case law here.
The recent cases are:
Continue reading →
Like this:
Like Loading...
13 December 2010 by Adam Wagner
Terry Jones, an American pastor who threatened to burn Korans on the 9th anniversary of the 9/11 attacks, may be banned from visiting the UK by the home secretary.
Jones, an otherwise unknown local pastor in Gainsville, Florida, cause worldwide controversy earlier this year when he proposed an “International Burn a Koran Day”. He has not as yet carried out his threat.
It is well known that free speech protections mean that we have to protect the rights of those we disagree with. A recent High Court case involving an Indian preacher shows that the protection probably does not extend to non-UK residents such as Jones, but it may to his supporters.
Continue reading →
Like this:
Like Loading...
13 December 2010 by Adam Wagner
The Home Secretary has said that the government will not appeal the High Court’s decision to uphold that there were to be no ‘closed’ hearings at the 7/7 inquests.
As we posted earlier this month, The High Court, composed of two colleagues of the Coroner (Dame Heather Hallett) in the Court of Appeal, robustly rejected the Home Secretary’s application for a review of the decision. In short, both judges concurred with Hallett LJ’s decision that the Coroners Rules did not provide a power to hear evidence in sessions from which ‘interested persons’ (including families of the 7/7 victims) could be excluded.
Richard Mumford’s analysis of the High Court decision is here, and his previous post on Lady Justice Hallett’s decision is here.
Continue reading →
Like this:
Like Loading...
10 December 2010 by Adam Wagner
The European Court of Human Rights has updated its very useful factsheet service (see previous post) with 10 news ones, to celebrate Human Rights Day, which is today.
The 10 new factsheets summarise the court’s case law in relation to various areas: Children rights, Collective expulsions, Conscientious objection, Transsexuals rights (translation in progress), Protection of journalistic sources, Racial discrimination, Right to one’s own image, Social welfare, Trade union rights, and Violence against Women.
The court is to be commended for its efforts to increase understanding of its new judgments, via excellent press releases, and its voluminous case-law, via these factsheets. Get them whilst they are up to date! The rest of the list is:
Continue reading →
Like this:
Like Loading...
10 December 2010 by Adam Wagner
Seal v United Kingdom (Application no. 50330/07) – Read judgment
The European Court of Human Rights has rejected the claim of a man detained by the police for 9 days under mental health law. Despite legislation deliberately making it difficult to sue authorities carrying out mental health functions, the court ruled that the law did not unduly restrict access to the courts.
Although Mr Seal ultimately lost, his claim – and in particular a strong dissenting judgment by Baroness Hale in the House of Lords – highlights the tricky line the state must tread in relation to people with mental health problems in relation to their access to justice.
Continue reading →
Like this:
Like Loading...
8 December 2010 by Adam Wagner
I posted last week on the decision of the High Court to uphold the decision of an election court in declaring void the election of Phil Woolas to a seat in Parliament.
The case was of interest from a constitutional standpoint, as it clarified the precise role of the High Court in relation to election court decisions, and in particular whether it could review decisions of the election court in cases where it appeared that judges got the law wrong. The answer is that it can, and as such the courts have in effect expanded their own role in elections. The result is that in future there may be protracted court battles following disputed election results, with election court decisions potentially reaching the Supreme Court.
Continue reading →
Like this:
Like Loading...
Legal Services Commission v Humberstone, R.( On the application of) [2010] EWCA Civ 1479 (21 December 2010) – Read judgment
This blog is run by
Recent comments