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13 Jan 2011, 4:16 am
On Tuesday the Fourth Section of the European Court of Human Rights heard the application in the case of Mosley v United Kingdom. [read post]
13 Jan 2011, 3:04 am
The complainant visited and cannot state for certain if Desmond is responsible. [read post]
12 Jan 2011, 4:27 pm
The Grand Chamber stated in Cumpana v Romania on 17 December 2004 at paragraph 91, in the context of a publication covered by Article 10, that Article 8 “may require the adoption of positive measures designed to secure effective respect for private life even in the sp [read post]
11 Jan 2011, 10:51 am
Hardly ever has the voice of the timorous spoken more clearly and loudly than in these words of Lord Davey in Janson v. [read post]
10 Jan 2011, 8:35 am
At one point, the Deputy Minister tells the Agent that he will “keep him in the loop” about other bids and states that the last bidder might have “certain advantages. [read post]
8 Jan 2011, 4:05 pm
Just before the Christmas break, however, the Court of Appeal handed down judgment in Clift v Slough Borough Council ([2010] EWCA Civ 1171). [read post]
4 Jan 2011, 6:16 am
Quila & Ors v Secretary of State for the Home Department & Ors [2010] EWCA Civ 1482 – Read judgment A key part of the government’s strategy to combat forced marriages, preventing people under the age of 21 from entering the country to marry, has been heavily criticised by the Court of Appeal. [read post]
4 Jan 2011, 2:15 am
Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) [2010] EWCA Civ 1479; [2010] WLR (D) 346 “The state’s obligation to conduct an effective investigation into a death (with the associated possible necessity to provide representation) did not arise in all cases where a death occurred while the deceased was in the care of the state but only in a much narrower range of cases where it was arguable that the state had… [read post]
2 Jan 2011, 6:38 am
My ex-wife used to roll her eyes when I said, as one does, non haec in foedera veni [Lord Radcliffe in Davis Contractors Ltd v. [read post]
1 Jan 2011, 10:23 am
A mention in this regard may also be made of the developments in the United States and United Kingdom where this right has had [read post]
30 Dec 2010, 12:30 am
In the 1765 case of Entick v Carrington the Lord Chief Justice declared that the law “should be clear in proportion as the power is exorbitant. [read post]
29 Dec 2010, 1:29 pm
The first example offered is the facts of Cook v Lewis. [read post]
29 Dec 2010, 4:31 am
Supreme Court ruling in Padilla v. [read post]
29 Dec 2010, 3:38 am
Al Hassan-Daniel & Anor v HM Revenue and Customs & Anor [2010] EWCA Civ 1443 (15 December 2010) – Read judgment The Court of Appeal has ruled that the family of a drug smuggler who died after being poisoned by 116 swallowed cocaine packages can bring a human rights claim against the state, despite his criminal behaviour. [read post]
28 Dec 2010, 10:04 am
Bell because of a new state law that sharply restricts how they can be paid. [read post]
22 Dec 2010, 9:45 pm
Stuck in the middle of Middleton The boundaries of the article 2 investigative duty have in recent years been clarified and expanded, most famously in the case of R (Middleton) v West Somerset Coroner, in which the House of Lords held that, in a case where the state’s duty under article 2 was arguably engaged, the inquest had to be wider than it would be under the Coroners Rules 1984, and include consideration of ‘by what means and in what… [read post]
22 Dec 2010, 4:05 pm
Lord Judge, the Lord Chief Justice has issued interim guidance that live text-based communication would be allowed as long as the judge believed it would not interfere with the administration of justice. [read post]
21 Dec 2010, 9:55 pm
The House of Lords has made clear in EB (Kosovo) [2008] UKHL 41 that delays [read post]
21 Dec 2010, 11:45 am
(Eugene Volokh) In Pucci v. [read post]
20 Dec 2010, 9:54 pm
That was a misreading of the judgment of Lord Hope in Secretary of State for Justice v James [2009] UKHL 22, in which the court decided that Article 5(4) did not require the Secretary of State to assist a detainee in putting forward his best possible case for release at parole hearings. [read post]
