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Tag: UK Human Rights Blog (Page 3 of 5)

Case Law: R (Ben-Dor) v The University of Southampton: Censorship or justified Concern? – Dominic Ruck Keene

southampton_1912501bIn the case of R(Ben-Dor & Ors) v The University of Southampton [2016] EWHC 953 (Admin)) Mrs Justice Whipple dismissed one claim for judicial review, and refused permission to bring a further claim, in respect of decisions made by Southampton University regarding a proposed conference on the legality of the existence of Israel under international law. Continue reading

Case Law: V v Associated Newspapers Ltd and Ors, Court of Protection orders continued reporting restrictions after death – Rosalind English

kidney_dialysisIn the case of V v Associated Newspapers Ltd ([2016] EWCOP 21) the Court of Protection ruled that where a court has restricted the publication of information during proceedings that were in existence during a person’s lifetime, it has not only the right but the duty to consider, when requested to do so, whether that information should continue to be protected following the person’s death. Continue reading

Case Law, R (Miranda) v Secretary of State for the Home Department, Stop Powers under Terrorism Act incompatible with Article 10 – David Scott

David Miranda 2On 19 January 2016 the Court of Appeal handed down judgment in R (on application of Miranda) v Secretary of State for the Home Department ([2016] EWCA Civ 6).  The case concerned David Miranda’s detention under the Terrorism Act 2000.  While upholding the lawfulness  of the detention in the immediate case, ruled that the stop powers under Schedule 7 of the Terrorism Act lack sufficient legal safeguards to be in line with Article 10. Continue reading

Case Law: Tickle v North Tyneside, Judge allows publication of article about children in care – Rosalind English

anonymous-femaleBefore the court in the case of Tickle v Council of the Borough of North Tyneside and others ([2015] EWHC 2991 (Fam)) were cross applications by a journalist and the local authority regarding care proceedings which the former wished to report. The individual in question was a mother (representing herself in these proceedings) who had had a number of children taken into care in the past. Continue reading

Case Law: Gulati v MGN, Phone hacking, massive privacy damages – David Hart QC

83144843_hackingcompFor some years in the early and mid 2000s, a routine form of news-gathering in the Mirror Group was phone hacking – listening to voicemails left for celebrities by their friends, and then dishing up revelations in their papers.  And this judgment amounts to a comprehensive pay-back time for the years of distress and upset sustained by those celebrities, as the ins and outs of their private lives were played out for the Mirror Group’s profit. The damages awarded well exceeded those previously payable, as justified in the tour de force of a judgment by Mann J in Gulati v MGN ([2015] EWHC 1482 (Ch)).  Continue reading

Case Law: Department of Health v. Information Commissioner, Why we should see Andrew Lansley’s diary in the run up to 2011 NHS reforms – David Hart QC

Andrew LansleyOn 30 March 2015, the Upper Tribunal gave judgment in the case of Department of Health v. Information Commissioner et al [2015] UKUT 159. Simon Lewis had requested that the Department of Health supply him with copies of the ministerial diary of Andrew Lansley from May 2010 until April 2011, via a Freedom of Information request. Continue reading

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