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4 June 2012 by Wessen Jazrawi
Welcome back to the UK Human Rights Roundup, your weekly buffet of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
The big news this week has been the unexpected turn of events in the Assange extradition case. Almost immediately after the Supreme Court handed down its judgment that he could be extradited, his counsel Dinah Rose QC threw a spanner in the works… The upshot is that it looks like Assange shall be sticking around for at least another couple of weeks. The other significant news of the week is that the Government has published the Justice and Security Bill.
by Wessen Jazrawi
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3 March 2013 by Guest Contributor
While the press (and the rest of us) were preoccupied by the debate on equal marriage and the public dissection of the Huhne marriage, the Justice and Security Bill completed its next stage of passage through the Parliamentary process. Largely unwatched, a slim majority of Conservative members supported by Ian Paisley Jr., reversed each change made to the Bill by the House of Lords restoring the Government’s original vision: a brave new world where secret pleadings, hearings and judgments become the norm when a Minister claims national security may be harmed in civil litigation.
The Bill will return to the Commons for its crucial final stages on Monday. In anticipation of the debate, the Joint Committee on Human Rights (JCHR) has published a third damning critique of the Government’s proposals. The cross-party Committee was unimpressed by the Government rewrite of the Lords amendments. Most of Westminster was busy in Eastleigh and few political commentators flinched.
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5 December 2013 by Dominic Ruck Keene
Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 3724 (Admin) – read judgment
1 Crown Office Row’s Neil Garnham QC and Neil Sheldon acted for the claimant in this case (the Secretary of State for the FCO). They had no involvement in the writing of this post.
The Foreign Secretary successfully appealed against an order for disclosure of secret documents to the Inquest for the death of former KGB spy Alexander Litvinenko.
The Foreign Secretary in February 2013 issued a certificate of Public Interest Immunity (PII), on the grounds of national security and/or international relations, to prevent the disclosure of a representative sample of Government documents relating to the 2006 poisoning. In May 2013 the Coroner for the Litvinenko Inquest (Sir Robert Owen) partially rejected that certificate and ordered the disclosure of gists of material relating to some of the key issues surrounding the death(read ruling). In this judgement, a panel of three judges of the High Court unanimously quashed that ruling.
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17 July 2011 by Rosalind English
1 Crown Office Row’s Peter Skelton appeared for The Security Services in this case. He is not the author of this post.
On Wednesday last week, the Supreme Court handed out two apparently contradictory judgments on what seemed to be the same issue – see our reports here and here. Had they taken leave of their senses? In one case, the court appeared to say, there was no illegality or human rights-incompatibility with a procedure that dispensed with the requirement that all the material must be shown to both parties in every case. In the other, it ruled that such a “closed procedure” was such an insult to “fundamental” common law principles of open justice and fairness that no court, however lofty, would have the jurisdiction to order it without statutory authority.
The key to this apparent inconsistency lies in the principles at the heart of these cases, which pull in opposite directions: the principle of fair and open justice, or, in Article 6 terms, “equality of arms,” versus the principle that gives weight to the interests of national security.
In Tariq v Home Office the Court considered the permissibility and compatibility with European Union law and the European Convention of a closed material procedure authorised by certain statutory provisions. The issues in that case centred on the lawfulness and effect of those provisions and their compatibility with, amongst others, Article 6 of the Convention, whereas in Al Rawi v Home Office the Court was concerned with the position at common law. This superficially small distinction made the world of difference to the outcome of both cases.
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2 April 2021 by Rosalind English
Swatch AG v Apple Inc [2021] EWHC 719 (Ch)
This case has a history: the long running trade mark dispute between Swatch and Apple about the marks ‘I-WATCH’ and ‘I-SWATCH’. I will go back to that in a moment. The dispute in question concerned trade mark applications designating the following signs, covering a wide range of goods including watches and consumer electronic products:
SWATCH ONE MORE THING
ONE MORE THING
[Full disclosure: the author of this post was an undergraduate contemporary in the eighties with Iain Purvis QC, the presiding judge in this matter. I have chosen not mischievously to publish this report on 1 April.]
“One more thing” became something of a meme since The well-known Chairman and founder of Apple, Steve Jobs, would reach what would seem to be the end of his keynote address at an industry event chosen for an important announcement, turn as if to leave the stage, and then turn back with the words ‘but there’s one more thing’. In 1998 the first ‘one more thing’ was the return of Apple to profitability. In later years, the ‘one more thing’ would often be a new Apple product. The tradition appears to have lapsed on Steve Jobs’ death in 2011 but was revived by his successor Tim Cook in 2015 for the launch of the Apple Watch.
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15 August 2016 by Paul Reynolds
National Aids Trust v National Health Service Commissioning Board (NHS England) [2016] EWHC 2005 (Admin) (Local Government Association intervening)
Summary
In this case NHS England argued it lacked the power to commission (and be responsible for paying for) preventative HIV drugs. It said this was solely the responsibility of local authorities and, in so doing, disavowed any responsibility for preventative medicine.
The High Court rejected this. It undertook a purposive interpretation of the legislation and found that NHS England had broad and wide-ranging powers of commissioning, and could commission preventative HIV drugs. NHS England is appealing.
The interest in this case extends beyond Mr Justice Green’s interpretation of the particular provisions. The judge was ready to find that the provisions were to be interpreted purposively, and was then very ready to look to the overall objectives and duties of the NHS as expressed in other parts of the relevant legislation, and in the NHS Constitution and Mandate.
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22 December 2017 by Jonathan Metzer
2017 has been a dramatic year in global politics and no less in the world of human rights law.
It has been a fascinating time to be editor of the UK Human Rights Blog. As just a taster, decisions have ranged across issues of the best interests of a seriously ill child, the conduct of British soldiers in Iraq and whether a transgender father should be allowed access to his children in an ultra-religious community. But there is much, much more.
So pour yourself a large measure of whatever you fancy, unwrap that mince pie waiting for you in the larder, and let me take you by the hand as we embark on a whirlwind tour of 10 of the biggest human rights cases of the year:
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24 September 2012 by Guest Contributor
Tomorrow, Liberal Democrats will debate the Justice and Security Bill and will vote on saying no to the Government’s controversial secret courts proposals. Played in the press as a good opportunity to put clear blue water between the coalition partners, the motion will give a party members a chance to speak out on a Bill which many see as an anathema to the traditional liberal commitment to open, fair and equal access to justice.
The Bill would – for the first time – introduce the controversial “closed material procedure” (CMP) into our ordinary civil justice system. In CMP, one party to proceedings and their legal representatives are excluded from a hearing and from seeing any evidence, argument or judgment associated with closed material, leaving Special Advocates (security vetted lawyers) who they cannot discuss the case with to represent their interests as best as possible. These exceptional procedures have been criticised by both commentators and courts since their inception as a flawed and unfair mechanism which endangers the rule of law and open justice (JUSTICE and others have dissected the Bill on this blog and elsewhere, highlighting its serious long-term political and legal implications).
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28 January 2020 by Angus McCullough KC
Angus McCullough QC is a barrister at 1 Crown Office Row with experience of acting as a Special Advocate in closed proceedings since 2002.
The Government has still not implemented the review of Closed Procedures that Parliament had dictated should take place when passing the Justice and Security Act 2013. A review is required to cover the first five years after the Act came into force, and should have been completed “as soon as reasonably practicable” thereafter. That period expired in June 2018, and there are still no signs of a reviewer being appointed.
Readers familiar with closed procedures and their background may wish to skip the first half of this post.
‘Secret Justice’ is a deliberate oxymoron, used by some legal commentators as a term for Closed Material Procedures (CMPs). Justice, of course should generally be open and transparent, not secret. The principle of open justice dates back centuries, and the law reports are full of reiterations of its importance. Here’s one example, this from Lord Woolf in R v Legal Aid Board, ex p Kaim Todner [1999] QB 966:
The need to be vigilant arises from the natural tendency for the general principle to be eroded and for exceptions to grow by accretion as the exceptions are applied by analogy to existing cases. This is the reason it is so important not to forget why proceedings are required to be subjected to the full glare of a public hearing. It is necessary because the public nature of proceedings deters inappropriate behaviour on the part of the court. It also maintains the public’s confidence in the administration of justice. It enables the public to know that justice is being administered impartially. It can result in evidence becoming available which would not become available if the proceedings were conducted behind closed doors or with one or more of the parties’ or witnesses’ identity concealed. It makes uninformed and inaccurate comment about the proceedings less likely. If secrecy is restricted to those situations where justice would be frustrated if the cloak of anonymity is not provided, this reduces the risk of the sanction of contempt having to be invoked, with the expense and the interference with the administration of justice which this can involve.
An equally fundamental principle of fairness in legal proceedings is that a party should know the evidence and case against them. This has even been given a Latin epithet (audi alteram partem). But you don’t need to be a scholar of either classics or law to appreciate that being aware of the material that the other side is putting before the court, and having the opportunity to challenge and answer it, is a cardinal feature of fair legal proceedings. The personification of Justice (see picture) is blindfolded, to represent her impartiality; but litigants are expected to have an unimpaired view of the proceedings.
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5 November 2012 by Wessen Jazrawi
A troll
This is Wessen Jazrawi’s final roundup on the UK Human Rights Blog as she is moving onto pastures new. Thanks to Wessen for her fantastic series of fortnightly roundups – Adam and the UKHRB team.
Welcome back to the UK Human Rights Roundup, your weekly smörgåsbord of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
The most significant news of the week has been the decision by the Supreme Court in the case of Yunus Rahmatullah which we consider below. In other news, time is fast running out for the UK government to act on prisoner voting and the European Court displayed the limits of its intervention on domestic violence. Also in today’s roundup is the inaugural list of upcoming UK human rights events – if you would like to add an event to the next roundup, please email.
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29 May 2012 by Guest Contributor
Publishing the Justice and Security Bill this morning, the Secretary of State for Justice said “I have used the last few months to listen to the concerns of … civil liberties campaigners with whom I usually agree.”
There are many people who today would sorely like to agree that Ken has listened and has taken their concerns on board. Unfortunately, the Government’s analysis remains fundamentally flawed. The Green Paper was clearly a “big ask”. There have undoubtedly been significant changes made from the proposals in the Green Paper. However, the secret justice proposals in the Justice and Security Bill remain fundamentally unfair, unnecessary and unjustified.
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18 January 2012 by Melina Padron
Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
by Melinda Padron
In the news
3 European Court of Human Rights judgments
For the big news of yesterday from Strasbourg, see Adam Wagner’s post – L’Enfant terrible du Strasbourg
North of the border
Constitutional and international lawyers, behold! The issue of a referendum into whether Scotland should become independent from the UK is promising to give you plenty to read and talk about.
There are already a number of pieces on the subject matter, with some of the most interesting ones featuring in the UKCLG Blog and the UKSC Blog. For example, Nick Barber, writing for the UKCLG Blog, discussed whether it should be the UK Parliament or the Scottish Parliament who should hold the referendum, and what role should the UK Parliament play in the process to enable a negotiated transition into independence, should that be the outcome of the vote.
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3 December 2012 by Sam Murrant
Welcome back to the UK Human Rights Roundup, your weekly smorgasbord of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
A bumper edition this week, mostly thanks to Lord Justice Leveson and his long-awaited report, released this week to a tumult of online commentary. In overshadowed, but potentially no less significant news, the House of Lords approved amendments to the “secret courts” Justice and Security Bill; the Joint Committee on Human Rights reported on the Crime and Courts Bill, and we have another round of arguments for and against the UK’s continuing association with the European Court of Human Rights.
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12 July 2012 by Guest Contributor
Lord Pannick
Last night saw the latest round of Lords debate on the Justice and Security Bill. It should be required reading for the Secretary of State. Peers from all benches challenged the Government’s case for the breadth of reform proposed in the Bill. A number of amendments have been tabled jointly in the names of members of the Joint Committee on Human Rights and the Lords Constitution Committee, both Committees having already castigated the Government’s proposals as potentially harmful to the common law principles of open, adversarial and equal justice.
JUSTICE hosted Ken Clarke, QC MP, Lord Chancellor and Secretary of State for Justice in conversation earlier this week. One of the topics on the table was the Justice and Security Bill. During the evening – helpfully tweeted by the Human Rights Blog’s own Adam Wagner and others (you can read the time line of tweets here) – Ken Clarke stressed his view that the opposition to the Justice and Security Bill posed by JUSTICE together with most other human rights organisations and the Special Advocates is misguided.
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30 April 2012 by Wessen Jazrawi
Welcome back to the UK Human Rights Roundup, your weekly buffet of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
In the news
A mixed bag this week: Theresa May remained in the news over Abu Qatada, a number of people blogged on the Brighton Declaration, and the issue of cameras and tweeting in court was high on the agenda. Closer to home, a team from 1 Crown Office Row is walking the London Legal Walk to raise funds for the London Legal Support Trust, the Free Representation Unit and the Bar Pro Bono Unit, so if you like the UKHRB, please sponsor them here.
by Wessen Jazrawi
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