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SM v Advocate General for Scotland [2010] ScotCS CSOH_15 (16 February 2010)

Contribution by Zoe Picton-Howell
In this Scottish case, an application by a father acting on behalf of his young child with disabilities and serious health problems, for judicial review of section 73 of the Social Security Contributions and Benefits Act 1992, as being incompatible with provisions of the European Convention on Human Rights was rejected by the Court of Sessions. …

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Art. 08 Right to Private and Family Life, Art. 14 Prohibition of Discrimination, Child & Family Law, Child Disability 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 …

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Civil Procedure, Discrimination Law, Prisons Law

R (on the application of Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs

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 …

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Art. 06 Right to a Fair Trial, Criminal Law and Criminal Procedure, Data Protection and Freedom of Information, International Law

‘Is the Convention Ours?’

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, …

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

Constitutional Reform Bill 2009

Lords 1st Reading: 19.11.2009; 2nd Reading: 5.2.2010. A Bill to repeal the European Communities Act 1972 and the Human Rights Act 1998; to introduce binding referendum powers at national and local level; to require the approval of Parliament to enter into international treaties and to declare war; to make provision about the work of Parliament; to devolve legislative responsibility for …

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International Law, Regulatory and Disciplinary Law

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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.