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  • Debbie Purdy, the Lords and assisted suicide: the easy way out?

    Carl Gardner
    July 31, 2009

    I’ve been slow in reacting to the Lords’ final judgment yesterday in R (Purdy) v DPP, partly because I was in Cambridge, but partly because I’ve been worrying at the judgment since I heard the news reports […]

    Tags: crime, health, house of lords, human rights, private life
  • McDougal v Liverpool City Council

    Carl Gardner
    July 29, 2009

    Liverpool City council has claimed that the population of the city has now stabilised after decades of decline – but this case last week shows the effects of that decline still cause problems, as the Council had to decide […]

    Tags: education, human rights, judicial review
  • The Northern Rock case in the Court of Appeal

    Carl Gardner
    July 28, 2009

    The Court of Appeal has given judgment today in SRM Global Master Fund v HM Treasury – the human rights challenge by Northern Rock shareholders to the government’s compensation scheme on nationalisation.

    The complaint was based […]

    Tags: article 1 protocol 1, banking, human rights, judicial review, northern rock
  • Ronald Biggs, and the real ale of English freedom

    Carl Gardner
    July 3, 2009

    It’s been widely reported that Jack Straw has turned down parole for Ronald Biggs.

    For the parole board to recommend his release may be humane in the individual case, but it would not be right in the broader […]

    Tags: crime, human rights, prisons
  • 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: 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
  • 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
  • R (Smith) v Defence Secretary: a judicial frolic

    Carl Gardner
    May 28, 2009

    Since last week’s judgment in Smith – in which the Court of Appeal ruled that the Human Rights Act, in particular article 2, applies to British troops even on the battlefield, I’ve been thinking about the judgment […]

    Tags: article 2, defence, human rights
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