October 2016

Dr DB v General Medical Council [2016] EWHC 2331

V.M. v the United Kingdom, Application No. 49734/12

The European Court of Human Rights found that part of an individual’s detention prior to deportation violated the right to liberty under Article 5 of the ECHR.  The applicant entered the UK illegally in 2003 with her son.  Shortly afterwards she was charged with and pleaded guilty to child cruelty.  She was granted bail after which she absconded for two years.

Fred Muwema v Facebook Ireland Limited [2016] IEHC519

The High Court of Ireland ordered Facebook to disclose the identity and location of an individual who was operating a page containing defamatory content.  However, it did not grant injunctions requiring Facebook either to remove the posts or to prevent the material in them from being re-posted, given that the defendant could rely on statutory defences.

British Gurkha Welfare Society and others v The United Kingdom, Application No. 44818/11

The European Court of Human Rights has ruled that while Gurkha pension entitlements are less than those of other soldiers in the British Army, it made no finding of unlawful discrimination.  The applicants were two former Gurkha soldiers and the British Gurkha Welfare Society (BGWS).