The majority of the House favoured the complete abolition of a court advocate’s immunity from suit for negligence, a decision reached in part from considerations derived from the European Court of Human Right’s interpretation of Article 6 as mandating a general right of access to the courts. The right of access to the court has, however, been expressly relied upon …
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Arthur J S Hall v Simmons
January 27, 2009 | No CommentsThe Vindication of Convention Rights and Devolution
January 27, 2009 | No CommentsThe Human Rights Act and Constitutional Dialogue
The Human Rights Act was consciously drafted on the basis of the model provided by the New Zealand Bill of Rights Act. Like the New Zealand Act its primary concern was to preserve the central constitutional concept of the sovereignty of Parliament while allowing for an enhanced degree of legal protection under domestic law …
Brown v Donaldson
January 27, 2009 | No CommentsA claim that the grant of search warrant by justice of the peace without clerk of district court being present was invalid because contrary to Article 6 fair trial rights was rejected. The High Court of Justiciary held that an application under section 23(3) of the Misuse of Drugs Act 1971 for a search warrant did not constitute judicial proceedings …
Read the full article »Glasgow City Council v McNab [2007] IRLR 476, EAT
January 26, 2009 | No CommentsA church body or an association with religious and philosophical objects is capable of possessing and exercising the rights contained in Article 9 ECHR, but in Glasgow City Council v McNab the Employment Appeal Tribunal refused to allow the Catholic Church to intervene in a dispute concerning a claim by an individual
Read the full article »Whaley v. Lord Advocate 2007 SLT 1209 HL
January 26, 2009 | No CommentsThe House of Lords rejected the argument that the prohibition of fox-hunting was an interference with fox hunters’ right to manifest their beliefs, as guaranteed by Article 9. The belief in the utility, morality and cultural value of fox hunting was a sincere one but was not protected by Article 9.
Aidan O’Neill
Link to Bailii for case report:
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