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Human rights

17 May 2013
Issue: 7560 / Categories: Case law , Law digest , In Court
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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.

 

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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