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  • R v G: charging policy and respect for private life

    Carl Gardner
    June 27, 2008

    The other reader request comes from an equally esteemed legal chap whose legal interests closely match those of Head of Legal and who finds early mornings equally or perhaps even more challenging. He asks what I […]

    Tags: children, crime, house of lords, human rights, human rightsism, private life, rape
  • That Burnham-Davis-Chakrabarti affair

    Carl Gardner
    June 27, 2008

    In my blawg radio silence earlier this week I received a couple of reader requests to deal with vital topics of the day. The first, from an estimable legal lady whose handbag bulges with law reports and Heat […]

    Tags: counter-terrorism bill, libel, private life
  • Austrian Chancellor’s future referendum promise

    Carl Gardner
    June 27, 2008

    Iain Dale picked up this morning on a surprising move from the Austrian Chancellor Gusenbauer: he’s promised a referendum on any new EU Treaty which “affects Austrian interests”.

    This is a bit more complicated than it sounds. […]

    Tags: austria, lisbon treaty
  • Wheeler v Prime Minister and others

    Carl Gardner
    June 27, 2008

    You’ll know by now that Stuart Wheeler’s judicial review of the government’s refusal to hold a referendum on the Lisbon Treaty has failed: here’s the judgment. This is hardly a surprise: it was always a hopeless case. The real […]

    Tags: judicial review, lisbon treaty
  • Blawg radio silence: an apology

    Carl Gardner
    June 27, 2008

    Sorry you’ve heard so little of me recently: it’s been a busy week, what with lecturing, second marking, visiting philosophy-of-lawyers from Cambridge and other personal stuff. I’ll say a thing or two later today, though.

    Tags: Uncategorized
  • In Re P: UK courts may enforce Convention rights within the margin of appreciation

    Carl Gardner
    June 18, 2008

    The Lords’ judgment in the case of In Re P (Northern Ireland) is an important one on the relationship between the UK courts applying the Human Rights Act 1998 on the one hand, and the European Court […]

    Tags: family, house of lords, human rights
  • Peter Hain’s question at PMQs

    Carl Gardner
    June 18, 2008

    Why on earth is anyone waiting anxiously for the result of the run-off “election” in Zimbabwe? If people there are brave enough to dare to vote for the MDC (and resourceful enough to get round all the barriers Mugabe will […]

    Tags: human rights, zimbabwe
  • Abu Qatada to be freed (sort of)

    Carl Gardner
    June 17, 2008

    Following his successful appeal in April, it’s being reported now that Abu Qatada is about to be released on bail.

    I wouldn’t have thought you’re likely to bump into him in the street, though, since he’s got […]

    Tags: crime, terrorism
  • R v Malik: lyrical terrorist wins her appeal

    Carl Gardner
    June 17, 2008

    I can’t link to the Court of Appeal judgment yet: I will when it’s available. But Samina Malik’s conviction under section 58 of the Terrorism Act 2000 has been quashed, on the basis that the jury […]

    Tags: crime, terrorism
  • HMRC v Annabel’s

    Carl Gardner
    June 17, 2008

    The Employment Appeal Tribunal has given an important judgment about tips, service charges and the national minimum wage: it has ruled that restaurant employers who make inadequate wages up to the minimum wage level by redistributing service charges and […]

    Tags: employment
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