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  • Parliamentary Standards Bill: crying wolf about human rights

    Carl Gardner
    June 30, 2009

    I’m always amused when anyone – often it’s some kind of campaign group – claims that this or that Parliamentary bill “could” breach human rights. As often as not, it’s simply a tactical claim: whoever it is opposes the measure […]

    Tags: article 6, human rights, parliament
  • Lords judgment: AG’s reference no. 3 of 1999 – application by the BBC

    Carl Gardner
    June 28, 2009

    I don’t propose to comment at any length on this Lords judgment from the week before last. It has interesting facts, and signals that the BBC are planning to screen an interesting programme about possible “wrong acquittals”, which in […]

    Tags: crime, dna, human rights, media law, rape
  • Lords judgment: Gray v Thames Trains

    Carl Gardner
    June 18, 2009

    Yesterday’s judgment in this case is interesting: their Lordships have decided that Kerrie Gray, who was injured in the Ladbroke Grove rail crash of 1999, cannot recover damages in negligence from Thames Trains and Network Rail for the consequences […]

    Tags: crime, damages, mental health, negligence, tort
  • NightJack: the Times should be ashamed

    Carl Gardner
    June 17, 2009

    I admire and respect the professional mainstream press; but the behaviour of the Times in “outing” the Orwell Prize winning blogger NightJack has dented that respect considerably. Here’s Eady J’s judgment, refusing the injunction the blogger sought.

    Tags: blogging, breach of confidence, freedom of expression, media law, newspapers
  • Lords judgment: Home Secretary v AF

    Carl Gardner
    June 17, 2009

    I said I’d write about the case; and now, finally, I am doing. Here’s last week’s judgment about control order. There’s also the podcast I recorded with Charon QC about it, don’t forget.

    I must admit, I […]

    Tags: control orders, human rights, interpretation, terrorism
  • Charon QC podcast: Home Secretary v AF

    Carl Gardner
    June 13, 2009

    Charon interviewed me this morning about Wednesday’s House of Lords judgment in Home Secretary v AF, in which they ruled, applying the ECtHR judgment in A v UK, that there is a breach of […]

    Tags: charon qc, control orders, human rights, podcasts, terrorism
  • Reporting crime

    Carl Gardner
    June 4, 2009

    I must post briefly on something that’s annoyed me: George Alagiah just said, summarising the day’s headlines on BBC News, that the murderers Sonnex and Farmer were sentenced to 40 and 35 years respectively. They weren’t. They were sentenced to […]

    Tags: crime
  • Vodafone 2 v HMRC

    Carl Gardner
    June 4, 2009

    I’m quite interested in the Court of Appeal’s recent decision in this tax case, about Vodafone’s attempt to structure its takeover of Mannesman in the most tax-efficient way, using a Luxembourg-registered holding company to take advantage of lower rates […]

    Tags: eu law, human rights, interpretation, tax
  • Toying with the constitution

    Carl Gardner
    June 3, 2009

    Chris Hawes at The Wardman Wire has written an excellent piece today on constitutional reform arguing against some of the fads of the moment, like proportional representation and fixed-term parliaments. I’ve already written about fixed terms; and I […]

    Tags: constitution, parliament, parliamentary sovereignty
  • Mrinal Patel and the Fraud Act 2006

    Carl Gardner
    June 2, 2009

    You may remember that last week Mrs. Patel appeared at Harrow Magistrates’ Court; she’s being prosecuted by Harrow Council under section 2 of the Fraud Act 2006, the accusation being that she gave a false address in order […]

    Tags: crime, education, fraud
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