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EU Balance of Competences Fundamental Rights Review
The Ministry of Justice is calling for evidence on the Review of the Balance of Competences between the United Kingdom and the European Union, specifically relating to fundamental rights. The...
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The difference between public and private law – on a beach near me
More naturism and the law, in the light of Mr Gough’s travails: see my post of yesterday. For many years, the beautiful beach upon which Ms Paltrow was seen in Shakespeare in Love (my pic) has been a...
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Al Quaida list and the use of prerogative powers
Youssef v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 1302, 29 October 2013 - read judgment There was nothing unlawful in the Foreign Secretary’s decision to allow a UK...
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Government Losses, HRA Repeal & Secular Courts – The Human Rights Roundup
Welcome back to the UK Human Rights Roundup, your regular great bright firework display of human rights news and views. The full list of links can be found here. You can find previous roundups here....
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Limiting the scope of injunctions in family cases – Hugh Tomlinson QC
Re J (A Child) ([2013] EWHC 2694 (Fam) – read judgment In this case the President of the Family Division, Sir James Munby, considered an application for a contra mundum injunction by Staffordshire...
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Tax avoiders don’t have human rights – Philippa Whipple QC
R (on the application of Ingenious Media Holdings plc and Patrick McKenna v Her Majesty’s Revenue and Customs [2013] EWHC 3258 (Admin) – read judgment Sales J has rejected an application for judicial...
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Sexual liaisons by undercover police officers could be authorised by RIPA
AJA and others v Commissioner of Police for the Metropolis [2013] EWCA Civ 1342 – read judgment The words “personal or other relationship” in the section 26(8)(a) Regulation of Investigatory Powers...
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The “uneasy” co-existence of public interest immunity and closed material...
CF v Security Service and others and Mohamed v Foreign and Commonwealth Office and others [[2013] EWHC 3402 (QB) – read judgment The High Court has today made the first court ruling on the use of the...
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Hospital closures and the rule of law
Trust Special Administrator appointed to South London Healthcare NHS Trust v. LB Lewisham & Save Lewisham Hospital Campaign [2013] EWCA Civ 1409, 8 November 2013 - read judgment Jeremy Hyam of 1...
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Watch that Charter
AB, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin) – read judgment Here unfolds a story of sophisticated abuse of the asylum system in this country by...
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Miranda, Prisoner Votes & Judicial Review Myths – The Human Rights Roundup
Welcome back to the UK Human Rights Roundup, your regular unexpected sunny spell of human rights news and views. The full list of links can be found here. You can find previous roundups here. Post by...
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Renewable energy ambitions of the Scottish Ministers “trounce the law of the...
The sequel to this Scottish judicial review decision in Sustainable Shetland, (Lady Clark of Calton, read judgment, and my post) is another unedifying example of executive government ignoring courts...
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Too little too late as Daily Mail “corrects” bogus human rights splash
The Daily Mail has belatedly “corrected” its front page story on human rights damages, over a month after it appeared on 7 October 2013. Early last month I blogged on the original bogus article, which...
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In South Africa, the not-so-quick and the dead.
There’s a crisis in South Africa’s mortuaries – in the investigation of death. This is due to a number of problems – incompetent staff who fail to gather forensic evidence, creaking and inadequate...
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Will Marine “A” keep his anonymity? James Michael
Five Royal Marines have lodged a challenge against a ruling that they can be named following the conviction of one of them for the murder of an injured insurgent in Afghanistan. Identification of...
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Materiality in environmental judicial review
Gemeinde Altrip et al v. Land Rheinland-Pfalz, CJEU, 7 November 2013 – read judgment When you challenge a decision in the courts on the basis that it was unlawful, you must show that the wrong is...
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EU Controversy, Churchill and the Charter – The Human Rights Roundup
Welcome back to the UK Human Rights Roundup, your regular glass menagerie of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links compiled...
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Hostility to the European Court and the risks of contagion – Philip Leach and...
The relationship between the UK and the European Court remains turbulent and fractious. The Court has been the subject of significant criticism, notably from some politicians and commentators in the...
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When is an advert “political” for the purposes of a ban under the...
R (on the application of London Christian Radio Ltd & Christian Communications Partnerships) v Radio Advertising Clearance Centre (Respondent) & Secretary of State for Culture, Media and Sport...
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UK may need law against secret filming and photography after European Court...
Söderman v. Sweden – (application no. 5786/08) - Read judgment The European Court of Human Rights has decided that it is a violation of the right to privacy if a country does not have a law prohibiting...
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