Articles in: AREA OF LAW

CBI Warns Over Extending “Freedom” Laws

Andrew Whitaker
Scotsman, July 29, 2010 (Online edition)
CBI Scotland has warned that proposals made in a Scottish Government consultation, to extend Freedom of Information (FOI) laws and allow anyone the right to view information on bodies including councils, hospitals and prisons, would dissuade private sector firms from investing in public services. The proposals would mean that contractors building schools, hospitals and …

Civil Procedure, Commercial and Corporate Law, Regulatory and Disciplinary Law

R (on the application of Medical Justice) v Secretary of State for the Home Department

The court declared unlawful a Home Office policy which allowed the removal, without providing the standard 72 hours’ notice, of certain categories of individual who had made unsuccessful claims to enter or remain in the United Kingdom since it did not adequately safeguard the right of proper access to legal advice and to the courts.
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Discrimination Law

Potter v Scottish Ministers [2010] CSOH 85

A challenge under Article 8 of the ECHR was made to the telephone systems in Scottish prisons.  This system provides “that any call made from a prisoner telephone be preceded by a recorded message which advises the recipient that the call is coming from a Scottish prison”
Lord Matthews in the Outer House held that the system was proportionate.

Art. 08 Right to Private and Family Life, Prisons Law

Kennedy v UK (Application No 26830/05)

Submission contributed by Maria Clarke
The ECHR ruled unanimously that the UK regime governing secret surveillance of individuals did not interfere with the Applicant’s private life as guaranteed by Art 8 of the ECHR.  It was determined that the interference with private life which the surveillance measures entail, was legitimate having as its aim the protection of national security and …

Art. 08 Right to Private and Family Life, Strasbourg Case Law

Scots sex offenders win human rights fight

By Lucy Adams, The Herald, 20 May 2010,
‘Judges have ruled the system that places sex offenders in Scotland on a register for life with no way of being removed is in breach of their human rights.

Art. 08 Right to Private and Family Life, Criminal Law and Criminal Procedure

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.