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The latest case to test the Connors, Kay and Doherty formulations on human rights defences to possession cases (see here for previous post, including the comments) has just had its Court of Appeal judgment released. I would assume that Smith (On Behalf of...
Guardian report here. The Government's attempts to appeal the AIT decision on the Chindamo deportation have, not entirely surprisingly, failed in the High Court. The idea that it was all the fault of 'human rights' seems finally to be fading.
Now call me a cynic, but how much like PR nonsense does this article in the Times about the programme for the Bar Conference 2007 sound? Ah, yes. Human Rights pervade all aspects of the profession, that and an ability to export legal services. Well yes,...
Just a quick note on the Admin Court decision in Gilboy, R (on the application of) v Liverpool City Council & Anor [2007] EWHC 2335 (Admin). The Anti-Social Behaviour Act 2003 modifies Housing Act 1985 and 1996 to allow a secure tenancy to be changed to a...
Clear good sense on human rights and the Chiandamo affair in the Daily Telegraph of all places. (My own earlier take is here). Thanks to Tim Worstall for the link.
Another day, another case, another set of screaming tabloid headlines accusing the Human Rights Act of being the criminal's charter, another promise from Little Lord Fauntleroy to 'repeal the Human Rights Act and bring in a British bill of rights'. The whole...
Just a quick note that Publawyer has posted an excellent discussion of YL v Birmingham and the broader impact on thinking about functional public authorities for the purposes of the Human Rights Act. Sure, it's a bit late, but he's been away. It makes a good...
I haven't had a chance to look at the judgment in full (YL (by her litigation friend the Official Solicitor) (FC) (Appellant) v. Birmingham City Council and others [2007] UKHL 27), but the House of Lords has today decided 3 to 2 (Lord Bingham and Lady Hale...
The House of Lords decision in Kay v Lambeth [2006] UKHL 10 addressed Human Rights defences to possession claims, attempting to unify Harrow v Qazi [2004] 1 AC and the subsequent European Court judgement in Connors v United Kingdom [2004] 40 EHRR 189. Qazi...