Disclosure in Enhanced Criminal Records Checks not a breach of ECHR Article 8
R (T) v (1) Chief Constable of Greater Manchester Police, (2) Secretary of State for the Home Department (Secretary of State for Justice an interested party)  EWHC 147 (Admin)
A twenty year old applying for university challenged the requirement to disclose all prior convictions, cautions and warnings in Enhanced Criminal Records Checks. The individual had received a warning for the theft of two bicycles when he was 11 but had had a clear record since then. It was argued that the inflexible nature of the requirement to make such disclosures is in breach of Article 8 of the European Convention.
Supreme Court rules that hospital had duty to protect patient from committing suicide
Rabone and Anor. v Penine Care NHS Trust  UKSC 2
The Supreme Court has ruled that a hospital had an ‘operational’ duty under ECHR Art. 2 to protect a voluntary patient from committing suicide. Previously this duty only covered those who were detained under the Mental Health Act.
Delayed deportation of German former prisoner renders detention unlawful
Reuter’s (Hans) Application  NIQB 6
The Northern Ireland High Court has ruled that the failure of the UK Borders Agency (UKBA) to deport a German national within a reasonable timeframe rendered the man’s detention unlawful.The man had completed a prison sentence in Northern Ireland on 20th June 2011 but was not deported to Germany until 25th June 2011. In the interim period he was detained in the prison for a further night and then at a number of different immigration removal centres in Scotland and England. The delay resulted from “an in-country escort administrative error” (the company contracted by the UKBA to escort the man went to the wrong prison) and his flight had to be rescheduled.
Anonymity granted to police officer despite not meeting Art. 6 criteria
A Police Officer’s Application (Leave Stage)  NIQB 3
In this case a police officer requested to have his name and further details kept anonymous following unsuccessful judicial review proceedings. The officer had been the subject of misconduct proceedings within the PSNI and had been under consideration by the Public Prosecution Service for suspected drugs offences. He had sought to judicially review the continuance of the misconduct proceedings on the basis that they would prejudice the fairness of any potential prosecution. The application for judicial review was refused but the, now former, police officer applied to have his details in the judicial review kept anonymous because he believed his safety to be at risk from dissident republicans.
Friends of the Earth challenge to changes to solar panel scheme successful
Secretary of State for Energy and Climate Change v Friends of the Earth and others  EWCA Civ 28
The Court of Appeal has held that the Minister for Energy and Climate Change had no power to make a modification to the rules for subsidising small solar power schemes. This successful case, which was brought by Friends of the Earth in England, will impact on people who signed up for the schemes on the basis that they would receive a higher subsidy rate who, under the changes, would have received lower subsidies.
Unlawful to remove individuals from the UK without access to a solicitor
R, on the application of Medical Justice v Secretary of State for the Home Department  EWCA Civ 1710
A Government policy which permits, in exceptional circumstances, the removal of individuals whose claims to enter or remain in the UK have been unsuccessful without giving them the standard 72 hours’ notice, has been ruled by the Court of Appeal to be unlawful.