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  • Lords judgment: Kay v Metropolitan Police

    Carl Gardner
    November 27, 2008

    The other Lords judgment yesterday came in this interesting case about section 11 of the Public Order Act 1986, and whether Critical Mass is a procession requiring to be notified to the police, or is exempt under […]

    Tags: environment, house of lords, human rights, judicial review, police, public law
  • R (Bancoult) v Foreign Secretary

    Carl Gardner
    November 18, 2008

    I’m catching up here on a House of Lords judgment I missed a few weeks ago in October. Bancoult is the culmination of a legal saga in which Chagossians – the people cleared off the British Indian […]

    Tags: house of lords, human rights, judicial review
  • Lords judgments

    Carl Gardner
    November 12, 2008

    There are two today, both from Northern Ireland.

    In Re E is about the protests and distress of little girls trying to attend the Holy Cross Church in north Belfast in 2001 in the midst of […]

    Tags: discrimination, house of lords, human rights, inhuman treatment, northern ireland, proportionality
  • Lords judgment: R (Baiai) v Home Secretary

    Carl Gardner
    July 31, 2008

    The other interesting judgment from the Lords in what Joshua Rozenberg thinks must have been a record output yesterday was in R (Baiai) v Home Secretary. This case is about section 19 of the Asylum […]

    Tags: house of lords, human rights, immigration, judicial review, marriage
  • 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
  • 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
  • O’Byrne v Aventis: obscurity, the ECJ and needless delay

    Carl Gardner
    June 12, 2008

    Some people have suggested that when the House of Lords becomes our Supreme Court in just over a year, it should abandon the practice of judges giving individual judgments, sometimes disagreeing with each other, which means lawyers have to work […]

    Tags: consumer protection, ecj, house of lords, product liability
  • Lord Goldsmith on the Daily Politics

    Carl Gardner
    June 12, 2008

    I’m enjoying watching Lord Goldsmith, who’s Andrew Neil’s guest on the Daily Politics today. He’s a serious chap more suited to Newsnight or Today than to joshing about the way Andrew Neil does – but he’s doing his best.

    Tags: counter-terrorism bill, house of lords, lord goldsmith
  • In Re B: lions, dogs and the civil standard of proof

    Carl Gardner
    June 11, 2008

    The Lords have given quite an interesting judgment today on the standard of proof in care proceedings under the Children Act 1989, which I think in principle applies across the board in civil proceedings. They’ve cut through the confusion […]

    Tags: children, evidence, family, house of lords
  • Lords judgment: Ashley v Chief Constable of Sussex

    Carl Gardner
    April 23, 2008

    This case is about a civil action against the police, who shot dead an unarmed man when raiding his home to arrest him. The policeman who fired the shot was acquitted of murder and manslaughter on the judge’s direction; […]

    Tags: house of lords, litigation, police, self-defence
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