Case Law, India: Shreya Singhal v Union of India: Law on offensive communications ruled unconstitutional – Jonathan McCully

3 04 2015

SupremeCourtIndia1On 24 March 2015, the Supreme Court of India ruled on the constitutionality of various provisions in India’s Information Technology Act 2000 in Shreya Singhal v Union of India W.P. (Crim.) No 167 of 2012. Most notably, the Supreme Court held that India’s law on offensive communications was unconstitutional as it was liable to be used in a way that would unnecessarily curb freedom of speech and expression. Read the rest of this entry »





Case Law: R (Catt) v Commissioner of Police for the Metropolis, Public Protest, Private Rights – Dominic Ruck Keene

15 03 2015

john-catt_2509902bIn the case of R (Catt) and R (T) v Commissioner of Police of the Metropolis ([2015] UKSC 9) a majority of the Supreme Court held that the retention by police of information on the Domestic Extremism Database about a 91 year-old activist’s presence at political protests was (1) in accordance with the law and (2) a proportionate interference with his right to a private life under Article 8(1) of the ECHR. Read the rest of this entry »





News: OPO v MLA, banned memoir case – Supreme Court grants permission to appeal, expedites hearing

11 12 2014

510-supreme-court-1The Supreme Court has granted the artist in the “banned memoir” case, OPO v MLA, permission to appeal and ordered an expedited hearing.  The hearing of the appeal is listed in the week commencing 19 January 2015. Read the rest of this entry »





Case Law, R (T) v Secretary of State for the Home Department, Criminal record check regime incompatible with Article 8 – Anita Davies

29 06 2014

cbr_2433751bOn 18 June 2014 the Supreme Court handed down judgment in R (T) v Secretary of State for the Home Department [2014] UKSC 35. The case concerns the mechanism governing criminal records checks (‘CRCs’) and enhanced criminal record checks (‘ECRCs’), and what an applicant is required to disclose to a potential employer. As such, the case has important ramifications for both employers and job applicants. It is also the latest development in a long running saga concerning criminal record checks and an individual’s ability, and indeed right, to put the past behind them. Read the rest of this entry »





Case Law, Scotland: A v BBC, Anonymity order compatible with Convention and common law – Rosalind English

19 05 2014

anonymity21The appeal in the case of A v BBC ([2014] UKSC 25) related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case.  The Supreme Court unanimously dismissed the appeal by the BBC. Read the rest of this entry »





Case Law: Kennedy v Charity Commission, Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to receive information – David Hart QC

31 03 2014

news-graphics-2007-_637463aIn the case of Kennedy v Chairty Commission ([2014] UKSC 20), in judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000. Read the rest of this entry »





Case Law: Hayes v Willoughby, harassment defence requires “rational belief” – Aileen McColgan

8 06 2013

HarassmentThe statutory tort of harassment as set out in the Protection from Harassment Act 1997 was considered by the Supreme Court in Hayes v Willoughby ([2013] UKSC 17). The issue before the Court concerned the scope of one of the defences to the tort (section 1(3)): that the conduct complained of was for the purpose of preventing or detecting crime. The Supreme Court held that this defence can succeed only if the defendant rationally believed that his or her activity was for this purpose. Read the rest of this entry »








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