Scottish Human Rights Law Group

The appellant claimed damages arising from the delay in the processing his asylum application. He submitted that the delay caused two types of damage: first, it aggravated his existing psychiatric condition; secondly, he lost the opportunity of presenting his case during a period (a “window of lucidity”), when, it is said, his mental condition was such that he could still …

R (on the application of BINYAM MOHAMED) v SECRETARY OF STATE FOR FOREIGN & COMMONWEALTH AFFAIRS (2010)

This appeal was based on Binyam Mohamed’s request for disclosure by the UK government of documentation and information, so as to assist his defence against charges which he anticipated would be brought against him by the US.Important legal issues arise from the working relationship …

An intervention by THE RIGHT HON LADY JUSTICE ARDEN DBE
Considering the theme for the opening of the legal year of the ECtHR, namely ‘The Convention is Yours’, this address asks whether the Convention is actually such. It considers the problematic reality of domestic law being misunderstood or misinterpreted by Strasbourg, in light of cases such as Osman v United Kingdom, …

[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 …

[2010] UKSC 6
Although the Crown’s failure to disclose outstanding criminal charges relating to one of its witnesses was incompatible with an accused’s rights under the European Convention on Human Rights 1950 art.6(1), there had been no miscarriage of justice as there was no real possibility that the jury would have come to a different verdict if it had been aware …