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  • Binyam Mohamed: torture and secrecy; wood and trees

    Carl Gardner
    October 23, 2009

    Following on from my Charon podcast yesterday, I thought it might help to put my thoughts in writing about last Friday’s judgment. It might be farcical, except that it relates to the cruel treatment and possibly torture of a prisoner. […]

    Tags: government, human rights, inhuman treatment, international, judicial review, terrorism, torture, united states
  • Charon QC podcast: the Binyam Mohamed case

    Carl Gardner
    October 22, 2009

    I spoke to Charon QC this afternoon about last Friday’s judgment in R (Mohamed) v Foreign Secretary, in which the Administrative Court ruled that it should make public in its original judgment 7 paragraphs, consisting of 25 […]

    Tags: government, human rights, inhuman treatment, international, judicial review, terrorism, torture, united states
  • A new Supreme Court – and a new era

    Carl Gardner
    October 1, 2009

    The Supreme Court of the United Kingdom opens officially today – and with it, a new chapter in this country’s legal history. The Guardian has a leader about it today, and the opening is likely to be covered widely […]

    Tags: cons, constitution, courts, judicial review, terrorism, UK Supreme Court
  • 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
  • The Christian Institute and the case of the "sacked" foster carer

    Carl Gardner
    February 13, 2009

    Both the Telegraph and the Daily Mail reported earlier this week about an evangelical Christian who’s been taken off the fostering register by her local authority after a sixteen-year-old girl, brought up as a Muslim, converted to Christianity […]

    Tags: children, family, human rights, judicial review, religion, social care
  • A good week for Basildon

    Carl Gardner
    January 26, 2009

    It was a jolly good week in court last week for Basildon Council. First, they won against the Equality and Human Rights Commission in this case about travellers in the Court of Appeal; then they followed it up with […]

    Tags: judicial review, local government, planning
  • 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
  • S v Chief Constable of West Mercia and the CRB

    Carl Gardner
    November 21, 2008

    I’m interested in this quite worrying judicial review case decided on Tuesday – worrying in that it shows how the criminal records system can easily be abused to undermine the presumption of innocence, though I suppose reassuring in that […]

    Tags: crime, criminal records, human rights, judicial review, police
  • 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
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