[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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Paul Mcinnes V HM Advocate (2010)
February 22, 2010 | No CommentsHumphreys v Revenue & Customs Commissioners (2010)
February 22, 2010 | No Comments[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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R (on the Application of Gomes) v Secretary of State for the Home Department (2010)
February 22, 2010 | No Comments[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 …
R (on the Application of Michael Degainis) v Secretary of State for Justice (2010)
February 22, 2010 | No Comments[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 …
Steven Edward Naismith Allison v HM Advocate (2010)
February 22, 2010 | No Comments[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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