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Articles tagged with: Human Rights

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[ 29 May 2014 | No Comment ]
Delfi – the threat to freedom of expression online

By David Cook
The case concerning Delfi AS, the Estonian online news site, has the potential to be one of the most important cases relating to the responsibilities of internet publishers in the increasing digital era and to re-shape the way in which, and by whom, content is shared electronically.
The origins of this case date back to 2006, when Delfi AS published an article about the decision of a ferry company to change the route taken to certain islands and the repercussions of this decision.
The article attracted a substantial number of …

Blog, Featured, Human Rights, Legal Profession & Courts »

[ 22 May 2014 | Comments Off ]
Supreme Court clarifies effect of deportation orders on indefinite leave

By Patrick Lewis (interviewed by Robert Matthews)
What key issue did the case raise?
The case  R (on the application of George) v SSHD raised the issue of whether someone’s indefinite leave to remain in the UK, which was invalidated by a deportation order, remains invalid if the deportation order is revoked.
This is most succinctly stated by Lord Hughes, who gave the single judgment:
“If a criminal who previously had leave to remain in this country is liable to deportation because of his offences, but cannot actually be deported because to remove him would infringe …

Blog, Criminal, Featured »

[ 20 May 2014 | Comments Off ]
Abu Hamza – the ten-year battle

By Dan Bunting
To nobody’s surprise Abu Hamza was convicted on 19 May 2014 of 11 terrorism-related counts by a New York City federal jury. As wide as Halsbury’s Law Exchange remit is, it doesn’t extend to US criminal law, so we won’t be considering the actual terms of the trial and conviction that will mean that Mr Hamza sees out the rest of his days in a “SuperMax” prison. It is worth considering two important legal judgments that the ten-year battle to extradite him involved.
Abuse of Process/Extra-territorial effect
After being convicted …

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[ 13 May 2014 | 3 Comments ]
Cheshire West: liberate social policy from the influence of human rights

By Jon Holbrook
Social policy towards those without capacity changed on 19 March 2014. It changed not as a result of a public discussion about the issue but because of a judgment given by the Supreme Court - Cheshire West [2014] UKSC 19. The change was not preceded by a Royal Commission, Green Paper, debate in Parliament or any other engagement with the public, but after seven judges received legal submissions from 17 barristers. The change was not determined by the needs of those in care, but by the requirements of human …

Blog, Featured, Human Rights »

[ 12 May 2014 | One Comment ]
Discrimination and political membership – should we revisit Redfearn?

By James Hand
Under Art 11 of the European Convention on Human Rights 1950, freedom of association is protected. In Redfearn v UK it was held that the UK government had violated Mr Redfearn’s Art 11 right as the UK had not taken reasonable measures to protect employees such as him from dismissal on grounds of political affiliation. The government’s response, although following a suggestion of the court, could mean that the wider issues in Redfearn may yet have to be visited again.
Back in 2004, Mr Redfearn was employed by Serco, …