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02 February 2012
Issue: 7499 / Categories: Case law , Law digest , In Court
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Terrorism

Secretary of State for the Home Department v CE [2011] EWHC 3159 (Admin), [2012] All ER (D) 108 (Jan)

It was established principle that, in cases involving an individual suspected of involvement in terrorism-related activities, an interference with rights under the European Convention of Human Rights might be more easily justified as proportionate because the object was to protect the public from the risk of terrorism. As the secretary of state was better placed than the court to decide the measures necessary to protect the public against terrorism, a degree of deference should be paid to the decisions of the secretary of state in that area.

Nevertheless, the court remained under an obligation to subject to intense scrutiny the necessity for each of the obligations imposed on an individual under a control order pursuant to s 2 of the Prevention of Terrorism Act 2005
 

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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