Latest Entries

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 …

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Art. 06 Right to a Fair Trial, Civil Procedure

Humphreys v Revenue & Customs Commissioners (2010)

[2010] EWCA Civ 56
Although the system of single payment of child tax credit to the person mainly responsible for the child indirectly discriminated against men it was justified as a proportionate means of pursuing a legitimate aim of social policy.
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Art. 14 Prohibition of Discrimination, Social Security Law, Taxation

R (on the Application of Gomes) v Secretary of State for the Home Department (2010)

[2010] EWHC 168 (Admin)
The Secretary of State for the Home Department was entitled to rely on an assurance given by the authorities of Trinidad and Tobago that an individual, whose extradition had been ordered, would immediately be held in a prison that complied with his rights under the European Convention on Human Rights 1950 art.3 so that the secretary of …

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Art. 03 Prohibition of Torture, Extradition Law, International Law

R (on the Application of Michael Degainis) v Secretary of State for Justice (2010)

[2010] EWHC 137 (Admin)
The secretary of state’s apology and admission that he had breached the European Convention on Human Rights 1950 art.5(4) by having failed promptly to secure a review of a prisoner’s release, was a sufficient remedy to the prisoner where the breach had not extended the period he would have to spend in custody, and had not caused …

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Art. 05 Right to Liberty and Security, Criminal Law and Criminal Procedure, Prisons Law

Steven Edward Naismith Allison v HM Advocate (2010)

[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 …

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Art. 06 Right to a Fair Trial, 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.