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28 April 2011
Issue: 7463 / Categories: Case law , Law digest
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Human rights

Maftah and another v Secretary of State for the Foreign Office and Commonwealth Affairs [2011] EWCA Civ 350, [2011] All ER (D) 120 (Apr)

While civil rights within the autonomous meaning of Art 6 could be brought into play either by direct challenge or by an administrative action, it was the nature and purpose of the administrative action that determined whether its impact on private law rights was such that a legal challenge to it involved a determination of civil rights.

The nature and purpose of freezing orders could be legitimately described both as: (a) a step in the international struggle to contain terrorism; and (b) as a targeted assault by the state on an individual’s privacy, reputation or property.
 

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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