June 2007

Pat it is indeed

June 30, 2007

The new Attorney is not, unfortunately, Lord Head of Legal, but is indeed Baroness Scotland, as predicted here (well, sort of). The civil servants or web contractors at Patsy’s new den haven’t yet updated her site yet, but Vera Baird is the new Solicitor General, according to No. 10′s website. Lord Davidson remains Advocate General [...]

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Care homes are not public authorities under the Human Rights Act

June 21, 2007

The House of Lords gave an important judgment yesterday, in YL v Birmingham City Council, on the scope of the Human Rights Act: it ruled by a 3-2 majority that a care home which provides care and accommodation to a resident is not a “functional” public authority under section 6(3)(b). It’s an important judgment, and [...]

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Goldsmith’s replacement

June 21, 2007

Interesting to see that Joshua Rozenberg in today’s Telegraph takes the same view as Head of Legal about the next Attorney General. It’s probably either Baroness Scotland or Lord Grabiner. Mind you, given Gordon Brown’s wooing of possibly renegade LibDems, perhaps Lord Carlile is a decent outside bet. I can’t imagine Brown ever thought of [...]

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Health and Safety at Work: UK wins in European Court

June 18, 2007

Last Thursday the ECJ gave judgment for the UK in infraction proceedings brought by the Commission. This is a major victory for the UK; and it might even turn out, one day, to be a milestone in the history of the EU. If its history really is going the UK’s way, as Tony Blair often [...]

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Human Rights Act applies, exceptionally, in areas of effective British control abroad

June 13, 2007

The House of Lords judgment in the Al-Skeini case today means the Human Rights Act will apply to what UK public authorities, such as the Army, do beyond these shores in areas of effective British control – like for instance when British authorities detain someone. We already know the European Convention applied in these circumstances, [...]

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Richards LJ acquitted: and the British Transport Police’s incredible incompetence

June 13, 2007

Sir Stephen Richards has been acquitted today of “flashing” on commuter trains. This was an extraordinary case, but also one which typifies the way witnessing or being the victim (if that’s the right word in a case like this) of an offence, or being charged with one, affects your life deeply. Of course I presume [...]

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