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Do full body scanners breach the right to privacy? [updated x 2]
The Equality and Human Rights Commission have written to the Government urging caution before the introduction of full body scanners at UK airports; not that it has slowed the Government down –...
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Terror suspects’ families can claim benefits
M and Others v Her Majesty’s Treasury, Case C‑340/08, 29 April 2010 – Read judgment The European Court of Justice (ECJ) has ruled that social security benefits cannot be withheld from family members of...
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Court of Appeal launches offensive against secret justice with three linked...
… but not too blind Home Office v Tariq [2010] EWCA Civ 462 - Read judgment, Bank Mellat v HM Treasury [2010] EWCA Civ 483 - Read judgment [Updated 7/5/10] The Court of Appeal has told the...
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Terror suspects cannot be deported to Pakistan in case of ill-treatment
Abid Naseer, Ahmad Faraz Khan, Shoaib Khan, Abdul Khan and Tariq Ur Rehman (Appellants) v Secretary of State for the Home Department (Respondent), Special Immigration Appeals Commission, 18 May 2010 –...
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Terror case reopens debate on repeal of Human Rights Act [updated]
Debate reopened We posted this morning on the case of the “Pathway students”, in which two suspected terrorists used human rights law to avoid deportation due to fear of torture. Almost immediately...
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Detention of man suspected of insurgency and terrorism was unlawful
HXA v Home Office (King J) [2010] EWHC 1177 (QB) – Read judgment or our full case comment The authorities’ statutory power to detain pending deportation had to be motivated purely by the need to remove...
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Muslim area CCTV cameras to be covered by plastic bags [updated]
The BBC report that plastic bags are to be put over “scores” of surveillance cameras in Birmingham following allegations that they deliberately targeted Muslim areas. Update 19/06/10: Campaigners and...
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Terror advice decision causes uproar in United States, but could it happen here?
Holder v. Humanitarian Law Project, United States Supreme Court – Read judgment The US Supreme Court has ruled that it does not violate the US Constitution for the government to block speech and other...
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Supporting terrorism and the criminal law [updated]
The criminalisation of support for terrorist organisations has arisen in various domestic and international contexts recently, and it is likely that the issue will continue to attract controversy as...
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Suspected terrorist regains British citizenship
Hilal Abdul-Razzaq Ali Al‐Jedda v Secretary of State for the Home Department March 29 – read judgment The Court of Appeal has allowed the suspected terrorist Al‐Jedda’s appeal against the Home...
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Jihadist suspect cannot be extradited to United States because of his mental...
Aswat v United Kingdom, 16 April 2013 – read judgment The Strasbourg Court has ruled that a terrorist suspect detained in the United Kingdom’s Broadmoor hospital should not be extradited to the United...
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Supreme Court considers definition of “terrorism”
R v Gul (Appellant) [2013] UKSC 64, 23 October 2013 - read judgment It is a platitude that one man’s terrorist is another man’s freedom fighter. It is for precisely this reason that the international...
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Al Quaida list and the use of prerogative powers
Youssef v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 1302, 29 October 2013 - read judgment There was nothing unlawful in the Foreign Secretary’s decision to allow a UK...
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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...
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Cracking 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...
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ISIL 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...
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Passports 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...
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Stop 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...
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When you wish upon a rendition and torture inquiry…
1 Crown Office Row’s Philippa Whipple QC and Matthew Hill were counsel to the Detainee Inquiry. They are not the writers of this post. On 6 July 2010, in the first innocent days of the Coalition...
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Rendition 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...
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