Opinion: “More poor human rights reporting in killer of Gurkha’s son deportation case” – Adam Wagner

Immigration and deportation decisions are regularly used to attack the Human Rights Act, and are raised as examples of why it must be amended or replaced. But a recent deportation case shows that such decisions are often poorly reported and articles ignore crucial details.

Yesterday’s Sunday Telegraph reported on the case of a man who killed a Gurkha soldier’s son and cannot be deported because of human rights law. According to David Barrett, Home Affairs Correspondent, the controversial decision will “intensify pressure” on the prime minister “who has so far failed to deliver a Conservative promise to rip up the Human Rights Act.”

Opinion: “The consequences of MGN Limited v The UK – Does the CFA regime really need reforming?” – Tim Lowles

Much has been written concerning yesterday’s long awaited verdict in the European Court of Human Rights concerning Naomi Campbell, privacy and CFAs.

It came as no surprise to most practitioners that the House of Lords decision on the substantive elements of the claim were upheld and MGN’s application in this regard was dismissed especially in light of the European Court of Human Right’s decision in von Hannover v Germany [2004] EMLR 21 which immediately followed the original House of Lords decision in 2004.

Court of Human Rights: five recent Article 10 cases – Hugh Tomlinson QC

Over the past month, the Court of Human Rights has handed down judgment in six Article 10 cases.  We have already posted about the most recent, MGN v United Kingdom. Of the other five, two involved civil defamation claims in domestic cases.  In both civil defamation cases it was held that the State had infringed the right to freedom of expression but there was no finding of violation in any of the other cases.  The reasoning is not straightforward in any of these cases and there are continuing doubts about the quality of the Court’s Article 10 case law.