David Miranda challenge dismissed in High Court
David Miranda v Secretary of State for the Home Department, the Commissioner of Police for the Metropolis and three interveners [2014] EWHC 255 (Admin) – read judgment The High Court has rejected all...
View ArticleCracking intercepts: the war on terror and difficulties with Human Rights
Liberty v Government Communications Headquarters ( IPT/13/77/H); Privacy International v FCO and others (IPT/13/92/CH); American Civil Liberties Union v Government Communications Headquarters...
View ArticleISIL child brides: a big care problem for the Family Court?
London Borough Tower of Hamlets v B [2015] EWHC 2491 (Fam) 21 August 2015 – read judgment When a judge waxes lyrical about a child, garlanded with starred GCSEs, their intelligence, their medical...
View ArticlePassports at the junction of international and domestic law – Richard Alton
Western governments are increasingly concerned to establish that they have the power to prevent individuals from traveling to the Middle East to engage in terrorism-related activity (see Rosalind...
View ArticleStop Powers under the Terrorism Act 2000 incompatible with Article 10
David Miranda -v- Secretary of State for the Home Department [2016] EWCA Civ 6 – read judgment. On Tuesday the Court of Appeal handed down its judgment on David Miranda’s detention under the Terrorism...
View ArticleRendition to Libya an “act of state” and therefore non-justiciable
Belhaj and another v Straw and Others [2013] EWHC 4111 (QB) 20 December 2013 – read judgment Peter Skelton of 1 Crown Office Row acted for the defendants in this case. He has nothing to do with the...
View ArticleSecret trials – a little transparency, a lot to worry about – Lawrence McNamara
Guardian News and Media Ltd -v- AB CD – Read preliminary judgment The Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments –...
View ArticleBritish Jihadists and treason
The news last week was that the Foreign Secretary has proposed a revival of a fourteenth century statute in order to prosecute British jihadists who travel to Iraq or Syria to fight. Cries of foul are...
View ArticleCritics of Islam prevented from entering UK to attend Lee Rigby rally
Geller and another, R (on the application of) v The Secretary of State for the Home Department [2015] EWCA Civ – read judgment This short case involves the old dilemma of public order law: whether it...
View ArticleThe Round up: Begum, knife crimes, Tamil Tigers and disability discrimination
In the news This week has been dominated by Shamima Begum. On Tuesday last week, Home Secretary Sajid Javid issued an order depriving Ms Begum of citizenship under s.40(2) of the British Nationality...
View ArticleCriminalising the possession of “terrorist propaganda”: a human rights analysis
Tributes left on London Bridge following the terror attack in June 2017 in which eight people were killed and many more injured. The Home Office is proposing to legislate for a new criminal offence...
View ArticleBegum still barred from returning to UK or reclaiming British citizenship
Shamima Begum v Home Secretary, Special Immigration Appeals Commission, 7 February 2020 When she was fifteen Shamina Begum slipped unimpeded out of the country to join ISIL. Only her image, walking...
View ArticleSecret Justice Review: The Special Advocates respond to the Government’s...
The Special Advocates have responded to the Government’s submission to the statutory Review of closed proceedings being conducted by Sir Duncan Ouseley — but HMG’s submission remains unpublished. The...
View ArticleSupreme Court dismisses protestors’ appeal over PKK flag conviction
Pwr v Director of Public Prosecutions [2022] UKSC 2 — judgment here On 26 January 2022 the Supreme Court ruled that s.13(1) Terrorism Act 2000 (“TA 2000 “) is a strict liability offence and that,...
View ArticleProtection of the public and the retrospective application of penalties
On 29 November 2019 Usman Khan attended a rehabilitation event at Fishmongers’ Hall and stabbed five people, two fatally. On 2 February 2020 Sudesh Amman attacked two passers-by in Streatham High Road...
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