header-logo header-logo

17 May 2013
Issue: 7560 / Categories: Case law , Law digest , In Court
printer mail-detail

Human rights

A Council v M and others [2012] EWHC 2038 (Fam), [2012] All ER (D) 381 (Jul)
 

Rights arising under Art 8 (right to private and family life) of the European Convention on Human Rights on the one hand and Art 10 (freedom of expression) on the other were different in quality. Article 8 rights were by their nature of crucial importance to a few, while Art 10 rights were typically of general importance to many. The decided cases, together with s 12(4) of the Human Rights Act 1998, acted as a strong reminder that the rights of the many should not be undervalued and incrementally eroded in response to a series of hard cases of individual misfortune. On the other hand, there was no hierarchy of rights and there were cases where individual rights had to prevail. In highly exceptional cases that could even include making inroads into the fundamental right to report criminal proceedings, but only where that was absolutely necessary.

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll