Articles categorised Human Rights Law
Case Comment: Humphreys v Commissioners for Her Majesty’s Revenue and Customs [2012] UKSC 18
By Stephen Smith and Sean Mackenzie, Olswang LLP
Summary
The Supreme Court handed down its judgment in the appeal of Humphreys v…
Comments Off
Case Comment: Lukaszewski v The District Court in Torun, Poland & other cases [2012] UKSC 20
By Anita Davies
As the furore surrounding the deportation of Abu Qatada demonstrated, you meddle with time limits at your peril.…
Comments Off
The Right to Protest Contained by Strasbourg: An Analysis of Austin v UK & The Constitutional Pluralist Issues It Throws Up
This piece was originally posted on the UK Constitutional Law Blog and is reposted here with thanks.
The last few days…
Comments Off
Case Comment: Re S [2012] UKSC 10
By Madeleine Reardon, 1 Kings Bench Walk
Just 9 months after dealing with its last Hague Convention case, Re E [2011]…
Comments Off
Case Comment: Gale v Serious Organised Crime Agency [2011] UKSC 49
In Gale v Serious Organised Crime Agency, the UK Supreme Court sent a simple message to Strasbourg: if we are duty bound to follow decisions of the ECtHR then, at least in this area, they need to be clearer. A new decision from the Grand Chamber on thi…
Comments Off
Case Comment: AXA v Lord Advocate – Insurers’ human right not to pay for putting asbestos in employees’ lungs?
This post was orginally posted on the UKHR blog and is reposted here with permission and thanks.
AXA General Insurance Ltd & Ors v Lord Advocate & Ors (Scotland) [2011] UKSC 46 (12 October 2011)
When you breathed in asbestos fibres from your du…
Comments Off
Case Comment: R (Bibi & Anor) v Secretary of State for the Home Department [2011] UKSC 45
In 2008 the government adopted a new policy to combat forced marriages. It amended paragraph 277 of the Immigration Rules to ban the entry for settlement of foreign spouses or civil partners unless both parties were aged 21 or over. The government clai…
Comments Off
Case Comment: R (G) v The Governors of X School [2011] UKSC 30
The Supreme Court (by a 4:1 majority) has allowed an appeal by The Governors of X School, overturning the Court of Appeal’s decision that a teaching assistant’s rights under Article 6 of the European Convention on Human Rights had been breached b…
Comments Off
Case Comment: Re E [2011] UKSC 27
The Supreme Court’s decision in Re E can be seen in some ways as guiding interpretation of Article 13(b) of the Hague Convention ‘back on track’, following the decision of the ECHR last year in Neulinger and Shuruk v Switzerland [2011] 1 FLR 122….
Comments Off
Case Comment: R (GC) v The Commissioner of Police of the Metropolis; R (C) v The Commissioner of Police of the Metropolis [2011] UKSC21
The Association of Chief Police Officers guidelines on the retention of DNA and fingerprints provide, among other things, for the indefinite retention of biometric data which is acquired on the arrest of individuals against whom no further action is ta…
Comments Off