Articles in: Civil Procedure

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

National Offender Management Service Found in Breach of Race and Disability Laws

Following judicial review proceedings in the High Court of England and Wales by the Equality and Human Rights Commission against the National Offender Management Service, it was held that NOMS, in its treatment of some foreign prisoners, had failed to comply with laws on disability and race.
All public authorities are bound by law to conduct equality impact assessments and examine …

Civil Procedure, Discrimination Law, Prisons Law

Paul Mcinnes V HM Advocate (2010)

[2010] UKSC 7
Although the Crown’s failure to disclose to an accused material which might have materially weakened its case, or materially strengthened the accused’s case, had been incompatible with the European Convention on Human Rights 1950 art.6, that did not mean that the trial had been unfair. An appeal court would find that a trial had been unfair only if …

Art. 06 Right to a Fair Trial, Civil Procedure

HM Treasury v Mohammed JabarAhmed & Others; HM Treasury v Mohammed Al-Ghabra; R (on the application of Hani El Sayed Sabaei Youssef) v HM Treasury

Held that the Terrorism (United Nations Measures) Order 2006

Civil Procedure, Criminal Law and Criminal Procedure, International Law

Shajer Aamer v Secretary of State for Foreign & Commonwealth Affairs[2009] EWHC 3316 (Admin)

The Claimant had been captured by the USA military in Afghanistan and had been detained in a variety of locations by the USA military authorities prior to being transferred to Guantanamo Bay. He claimed that any confessions which may have been made by him during the period of his detention were obtained through the use of torture or ill-treatment.

Art. 03 Prohibition of Torture, Civil 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.