Round Up


Student fees, access to justice and Leveson Part II – The Human Rights Roundup

26 February 2012 by

Welcome back to the 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

Legal aid reforms

The proposed reforms to legal aid are divisive: they are either necessary to combat a society of blame and litigation, or a disastrous reduction of access to justice for those who can’t afford legal fees. The subject is given in-depth treatment on BBC Law in Action with Joshua Rozenberg. The podcast, discusses what effects the reform bill will have on lawyers, claimants and defendants. This post on The Justice Gap, by Alice Forbes, explores some of the more specific effects the reforms will have on the type of advice (and more importantly, legal remedies) available to claimants.

UKHRB news

In exciting news for this blog, UKHRB editor Adam Wagner has been appointed to the Attorney-General’s C panel of Counsel. See here for more detail on what this involves.


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Keeping it controversial: Religion, deportation and open justice – The Human Rights Roundup

20 February 2012 by

Welcome back to the human rights roundup, your recommended weekly dose 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

Religion and the State

Following on from last week’s ruling from the High Court that Christian prayers held before a council meeting were unlawful, the Court of Appeal this week upheld a ruling that two Christian hotel owners had discriminated against gay clients by not offering them a double room.

In yet other news, the Education Secretary Michael Gove is embroiled in a row concerning the distribution in schools of a booklet containing homophobic material. In response to complaints, Gove has insisted that the education provisions of the Equality Act 2010 do not extend to the content of the curriculum. For an analysis of why Gove is incorrect on this score, see Adam Wagner’s post.

by Wessen Jazrawi


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Cameron hits Strasbourg – The Human Rights Roundup

29 January 2012 by

Updated | Welcome back to the human rights roundup, your regular human rights bullet. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

by Wessen Jazrawi

In the news

Mr Cameron goes to Strasbourg

This week, the European Court of Human Rights released its 2011 annual report and Prime Minister David Cameron paid Strasbourg a visit, where (amongst other things) he accused the Court of having become a “small claims court”.

Unsurprisingly, this has been heavily commented on in the press. Adam Wagner posted on the build-up, Professor Francesca Klug minced no words in the follow-up and Joshua Rozenberg  reported on the ensuing discussion between Cameron and the secretary-general of the Council of Europe – see also Deciding the future of human rights court … in Brighton. Also worth reading is The Small Places heartfelt and insightful defence of human rights, Obiter J’s excellent post and Beyond Abu Qatada: Why The UK Shouldn’t Split From the European Court of Human Rights in the Huffington Post (UK edition).


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Hearsay’s OK! Sort of – The Human Rights Roundup

18 December 2011 by

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

Will Detainee Inquiry hearings broadcast? Have your say

The Detainee Inquiry Panel has shown its commitment to carrying out an inquiry that is as open and inclusive as possible by inviting comments on their broadcasting proposal, before making a final decision. The Panel welcomes views on this issue from the media, potential witnesses, NGOs and any other groups or individuals who are interested in the Inquiry’s work. You may submit comments via email by 7th January 2012. You can find more details here.


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A “shameful” bill? – The human rights roundup

27 June 2011 by

Welcome back to the human rights roundup, a regular bulletin of all the law we haven’t quite managed to feature in full blog posts. The full list of links, updated each day, can be found here.

by Melinda Padron

Beginning with sad news, Lord Alan Rodger of Earlsferry, one of the justices of the Supreme Court, died yesterday. A detailed obituary has been published by HeraldScotland.

Last week Ken Clarke’s criminal justice system reform proposals were hit by a change of mind/u-turn (or as Prime Minister David Cameron put it, ‘a sign of strength’) on the part of Government. The most radical features of the proposed criminal justice reforms were dropped, chiefly amongst them the attempt to increase the 33% discount to sentences for guilty pleas to 50%. The move was arguably made as a result of public consultations and in particular pressure from the tabloid press. The announcement came alongside the publication of the Legal Aid, Sentencing and Punishment of Offenders Bill. Joshua Rozenberg gives a brief outline of some of the new proposals which seek to lower the statistics on reoffending.

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Bailii needs money and Eady speaks – The Human Rights Roundup

13 June 2011 by

It’s time for the human rights roundup, a regular bulletin of all the law we haven’t quite managed to feature in full blog posts. The full list of links, updated each day, can be found here.

by Graeme Hall

In the news:

The big UK Human Rights Blog news is the launch of our new Case Table. Click here to see it.

Writing for the UK Constitutional Law Group blog, Professor Gordon Anthony summarizes the Supreme Court’s decision in Re. McCaughey. Following developments in the European Court of Human Rights’ case-law, the Supreme Court ruled that under article 2 of the European Convention on Human Rights (the right to life), the procedural obligation to investigate deaths possibly caused by State agents is “detachable” from the State’s substantive obligation to protect the right to life of its citizens.

Whilst concluding that the implications of the McCaughey judgment are probably straightforward, the post outlines the Supreme Court’s criticisms of the European Court’s reasoning, as well as some of the possible consequences of its poorly reasoned judgments. See also Matthew Hill’s post today on this blog.


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Super injunctions, bin Laden and two key inquests – Human Rights Roundup

9 May 2011 by

Terrorist suspect's families can claim benefitsIt’s time for the human rights roundup, a regular bulletin of all the law we haven’t quite managed to feature in full blog posts. The full list of links, updated each day, can be found here.

by Graeme Hall

In the news

At the top of the worldwide news agenda is the killing of Osama Bin Laden. In addition to concern over the implications his death will have on the fight against Islamic fundamentalism (click here for some of Adam Wagner’s reflections), the manner in which Bin Laden died has undoubtedly split opinion. Geoffrey Robinson QC strongly condemned the killing when writing in The Independent on Sunday. This is to be contrasted with the assistant editor of the Guardian, Michael White’s opinion, as well as more starkly opposed opinions on the lawfulness of the shooting, an example of which can be found on the Blog of the European Journal of International Law.

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Buying time on prisoner votes – The Roundup

7 March 2011 by

It’s time for the human rights roundup, a regular bulletin of all the law we haven’t quite managed to feature in full blog posts. The full list of links, updated each day, can be found here.

by Graeme Hall

In the news:

Although prisoner voting appears to have taken a back seat this week, the Daily Mail has reported that the UK government has asked the European Court of Human Rights to refer the decision of Greens and MT v UK to the Grand Chamber. This judgment gave compensation to two prisoners because the UK had failed to implement the court’s decision in Hirst v UK (No. 2). According to the article, the government wants to refer this decision to the court’s appeal chamber because the issue of prisoner voting rights has now been debated in Parliament. See our previous post on Greens and MT v UK, as well as our most recent summary of the ongoing prisoner voting issue. A BBC programme about the Strasbourg court can be accessed via the ECHR blog.

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Roundup: Bringing rights home weekly

15 February 2011 by

 

 

Today we are reinvigorating our weekly human rights news and case law roundup. Look out for regular bulletins of all the law we haven’t quite managed to feature in full blog posts.

by Graeme Hall

Bringing Rights Back Home, with foreword by Lord Hoffmann – Policy Exchange: A report by political scientist Michael Pinto-Duschinsky, commissioned by the thinktank Policy Exchange, offers a strong academic criticism of the European Court of Human Rights’ current composition and powers, as well as the affects its judgments are having in Britain. Click here for our previous commentary on the report.

Ben Emmerson: The European Court of Human Rights enhances our democracy – The Independent: In a detailed article, Ben Emmerson QC examines the thinktank Exchange Policy’s recently published report ‘Bringing Rights Back Home’, which criticised the current practises of the European Court of Human Rights. In particular, the barrister pays attention to the comments of Lord Hoffman (a former law Lord) who authored the report’s foreward. See our previous post for a commentary on the report.


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Family legal aid tender process was “unfair, unlawful and irrational”

30 September 2010 by

Updated The High Court has ruled that the Legal Service Commission’s legal aid tender process was “unfair, unlawful and irrational”. The decision came in  a judicial review of the tender brought by the Law Society.

According to the Law Society’s press release:

The failure of the LSC to anticipate, let alone manage, the outcome of the process was the latest and perhaps most alarming of the LSC’s apparently haphazard attempts to reshape legal aid…

The LSC’s actions would have seen the number of offices where the public could get subsidised help with family cases drastically cut from 2400 to 1300.

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New independent legal think-tank Halsbury’s Law Exchange launched

7 September 2010 by

This week sees the launch of the Halsbury’s Law Exchange, a new independent legal think-tank funded by LexisNexis.

The new organisation describes itself as “an independent and politically neutral think tank which contributes to the development of law and the legal sector“, aiming to “promote debate through papers, reports, events and media pieces.” The think-tank is chaired by legal journalist Joshua Rozenberg, who is joined by a number of eminent barristers and solicitors.

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Human rights news and case-law roundup

17 August 2010 by

Hoovering up the latest human rights news

We recently started adding links to interesting new articles and case-law on the right the sidebar under the heading “Selected news sources”.

As of last week, these articles now appear on our Twitter feed (@ukhumanrightsb) and Facebook fan page too. Below is a quick rundown of some of the most recent stories. The full list of links can be found here.

17 Aug | Privacy law to stop rise in gagging orders by judges – Telegraph: We have posted on the coming libel reform and super-injunctions; Lord Neuberger is leading a review which may, according to the Telegraph, lead to a statutory law of privacy. The Head of Legal Blog queries whether this would be any different from Article 8 of the ECHR in any case.

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Human rights news and case law roundup

12 July 2010 by

We recently started adding links to interesting new articles and case-law the sidebar under the heading “Recent selected sources (del.icio.us)”. Below is a quick rundown of the most recent links. The full list of links can be found here.

Round-up of European Court of Human Rights Cases

1 June 2010 by

The European Court

The UK Supreme Court Blog has posted a useful round-up of key European Court of Human Rights judgments from the past few months.

The following cases catch the eye (all summaries courtesy of the UK Supreme Court Blog):

Al-Saadoon and Mufdhi v. the United Kingdom(Application no. 61498/08) (2 March 2010) This was a case about two Iraqis taken prisoner by the British troops in Iraq and handed over to the Iraqi authorities against the ECtHR’s previous orders. The ECtHR found a violation of Article 3 (prohibition of torture) as the two prisoners had been exposed to the death penalty which they would face in Iraq. This judgment is important in the context of a series of decisions and judgments on the death penalty (see paragraph. 123 of the judgment).

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