Articles in: Art. 06 Right to a Fair Trial

Kulkarni v Milton Keynes Hospital NHS Trust. High Court, 2009 [ECWA] Civ 789

Article 6(1) ECHR
Summary
Right to legal representation at a disciplinary hearing. Article 6(1) could in some circumstances guarantee a right to legal representation to an employee facing particularly serious consequences following disciplinary proceedings.
 

Art. 06 Right to a Fair Trial, Civil Procedure, Medical Law

New Directions on the Grant of Legal Aid for Defamation or Verbal Injury

In the wake of the McLibel case (Steele and Morris v United Kingdom), the Legal Aid (Scotland) Act 2007 gave power to SLAB to grant civil legal aid for actions of defamation or verbal injury.  The Scottish Ministers also issued directions to SLAB regarding the exercise of that power.  Those directions issued in 2007 were thought to be unclear by …

Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Legal Aid

New Rules for State Funded Legal Representation at Children’s Hearings

Following the referral of a devolution minute to the Inner House in the case where a parent with learning difficulties challenged the absence of a scheme of state funded legal representation at Children’s Hearings, the Scottish Ministers have introduced new rules.  The Panel, at a business hearing or at the hearing itself, can appoint a solicitor to appear with and …

Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Art. 14 Prohibition of Discrimination, Child & Family Law, Legal Aid

‘Legal Aid Rights Must Not Become Popularity Contest’

This article appeared in The Scotsman on 16th February, 2009
by John Scott
 
Who should we help – the rapist or his victim? Not even a real question, is it?
In the Scottish Parliament this month Christina McKelvie MSP criticised the grant of legal aid to Adam Carruthers. Carruthers was jailed for 11 years in 2001 for raping two women while serving as …

Art. 06 Right to a Fair Trial, Criminal Law and Criminal Procedure

Gäfgen v. Germany

(An example of circumstances which might be suggested used to justify torture, or the threat of torture.)
 
In the case of Gäfgen v. Germany,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Peer Lorenzen, President, Rait Maruste, Volodymyr Butkevych,Renate Jaeger,Isabelle Berro-Lefèvre,Mirjana Lazarova Trajkovska,Zdravka Kalaydjieva, judges, and Claudia Westerdiek, Section Registrar,
Having deliberated in private on 20 May 2008, Delivers the following judgment, …

Art. 03 Prohibition of Torture, Art. 06 Right to a Fair Trial, 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.