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Arguments in the referendum challenge now available
The imminent litigation concerning the government’s response to the Brexit vote is much anticipated. The skeleton arguments have now been filed. The High Court has just resisted an application for...
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No finding of discrimination for British Gurkha pension scheme
British Gurkha Welfare Society and others v. The United Kingdom, Application no. 44818/11 – read the judgment here The Court has rejected claims that the cut-off scheme for British Gurkha pensions was...
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Strasbourg again favouring safety of conviction over cross-examination of...
Simon Price v. the United Kingdom, Application no. 15602/07, 15 September 2016 – read judgment. In a unanimous decision, the European Court of Human Rights has held that the proceedings that lead to...
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Down the Rabbit Hole: a close look at the CJEU standing Rules – Michael Rhimes
Understanding Standing: Post 2 of 3 Art 263(4) TFEU Has Art 263(4) of the Lisbon Treaty achieved Advocate General Jacobs’ ideal of “the law itself [being] clear, coherent and readily understandable.”...
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‘Real risk’ that extradition of Scottish businessman to Taiwan would be...
Zain Taj Dean v The Lord Advocate and the Scottish Ministers [2016] HCJAC 83 – read judgment The High Court of Justiciary Appeal Court ruled last week that the extradition of Zain Dean to Taiwan would...
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“British Troops to be Exempted from Human Rights Law”
..is the headline of the leading article in The Times today. Theresa May vows to end ‘vexatious claims’ against service personnel. In the UK about £100 million has been spent since 2004 dealing with...
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Concrete Walls and Bureaucratic Barriers to Access to Justice for Migrants
Work recently began on a wall in Calais, funded by the UK government, to prevent migrants and asylum seekers from crossing the Channel to Britain. Nearly simultaneously, the government announced that...
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I have a right not to know Elena Ferrante’s real name* – George Szirtes
1 I have so many rights I am thinking of flogging some off on eBay. Though I have the right not to do so. 2 Stop telling me whatever it is you may be telling me. I have a right to tell you not to tell...
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Developments in the oversight of British Troops abroad – the Roundup
In the news The oversight of the conduct of British soldiers in Iraq has been subject of two recent developments. The first is political, as Prime Minister Theresa May has renewed...
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Duplication in inquests
The Divisional Court in R(Secretary of State) v Her Majesty’s Chief Coroner for Norfolk (British Airline Pilots intervening) – read judgment here – made some potentially noteworthy comments regarding...
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A new animation about the birth of the European Convention on Human Rights
Almost six years ago, not long after this blog started, we published a lovely post by Tom Blackmore, the grandson of David Maxwell Fyfe. Maxwell Fyfe was a Conservative lawyer and politician who went...
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RightsInfo is recruiting a Chief Executive
I am delighted to share that RightsInfo, the UK Human Rights Blog’s sister site, is recruiting a Chief Executive. RightsInfo’s build support for human rights in the UK by producing engaging,...
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Prosecution of Italian traffickers can go ahead even after Romania’s...
Paoletti and others (Judgment) [2016] EUECJ C-218/15 (6 October 2016) – read judgment The Court of Justice of the European Union (CJEU) has ruled that people smugglers can be punished even if the...
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Do the EU’s rules on standing square up to the principle of effective...
Understanding Standing: Post 3 of 3 of Article 263(4) TFEU This is a final post in a series of three on standing in EU law. It will focus on whether the present position under Art 263(4) TFEU satisfies...
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A New Book on Parliaments and Human Rights Protection – Judge Robert Spano
On the occasion of the publication of the book Parliaments and the European Court of Human Rights by Professors Alice Donald and Philip Leach, Judge Robert Spano of the European Court of Human...
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Mandatory order to stop bribery investigation?
R (o.t.a Soma Oil & Gas) v. Director of the Serious Fraud Office [2016] EWHC 2471 (Admin) 12 October 2016 – read judgment Soma are investing heavily ($40m spent on seismic work) in looking at oil...
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The subtle hand of human rights – and more Aarhus
R (o.t.a. Dowley) v. Secretary of State for Communities and Local Government [2016] EWHC 2618 (Admin) Patterson J, 20 October 2016 – read judgment This challenge was about a landowner not wishing to...
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Quantifying Damages for Breach of Privacy
TLT and others v Secretary of State for the Home Department [2016] EWHC 2217 (QB) How do you quantify damages for data breaches? Is the distress caused by an accidental data breach comparable to...
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Subsidy withdrawal from renewable energy entirely lawful – Court of Appeal
Infinis Energy Holdings Ltd v HM Treasury and Anor [2016] EWCA Civ 1030 – read judgment In July 2015 the government announced that it was removing a subsidy for renewable energy. Its decision in fact...
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Belfast court dismisses Brexit challenge
McCord, Re Judicial Review [2016] NIQB 85 (28 October 2016) – read judgment A challenge to the legality of the UK’s departure proceedings from the EU has been rejected by the High Court in Northern...
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