Reference to CJEU on ‘DRIPA’ data retention regime and Digital Rights Ireland

20 Nov 2015 | by Claire Alderman

R v Secretary of State for the Home Department ex p David Davis MP, Tom Watson MP, Peter Brice and Geoffrey Lewis Open Rights Group, Privacy International and the Law Society intervening The Court of Appeal has today handed down judgment in an appeal concerned with the Home Secretary’s powers in relation to the retention […]

Commercial agent’s ‘Shearman v Hunter Boot clause’ severed by Mercantile Court

04 Nov 2015 | by Claire Alderman

Brand Studio Limited v St John’s Knits [2015] EWHC 3143 (QB), Teare J This case concerned a commercial agency between a UK agent and a Californian principal. The agency contract contained a clause that elected Regulation 17 indemnity upon termination, with a proviso that the agent would get Regulation 17 compensation if that proved to […]

Court of Appeal provides guidance on the meaning of “family member” for the purposes of EU free movement rights: Entry Clearance Officer v SM (Algeria) [2015] EWCA Civ 1109

04 Nov 2015 | by Claire Alderman

In a judgment handed down on 4 November 2015, the Court of Appeal allowed an appeal against a decision of the Upper Tribunal concerning the rights of EU citizens to bring non-EU family members into the UK.  In doing so, it clarified the scope of the term “family member” in EU law as it applies […]

Jeremy McBride advises Council of Europe

14 Oct 2013 | by Monckton Chambers

At its session on 11-12 October, the European Commission for Democracy through Law (the Venice Commission) adopted its Joint Opinion with the Council of Europe’s Directorate for Human Rights on the draft Law of Ukraine on the Public Prosecutor’s Office. This draft Law will abolish the function of general supervision that currently allows the Public […]

Key Strasbourg Ruling on Hearsay Evidence and “Judicial Dialogue”

15 Dec 2011 | by Monckton Chambers

Eric Metcalfe acted on behalf of the NGO intervener JUSTICE in a landmark judgment by the Grand Chamber of the European Court of Human Rights in the case of Al Khawaja and Tahery v United Kingdom. The much-anticipated ruling came in the wake of the judgment of the UK Supreme Court in R v Horncastle […]

Jeremy McBride set for ECtHR with Nada v Switzerland

22 Mar 2011 | by Monckton Chambers

The case Nada v Switzerland is to be heard in the Grand Chambers of the European Court of Human Rights, tomorrow 23 March.  The case involves a challenge to the implementation of UN sanctions on persons supposedly connected in some way to Al-Qaeda. The challenge is being made because of the passage of over seven […]

ECHR ruling on foreign missionary expulsions

12 Feb 2009 | by Monckton Chambers

European Court of Human Rights holds that expulsion of foreign missionary on national security grounds is contrary to freedom of religion The European Court of Human Rights (ECHR) held in a judgment issued today, 12 February 2009, that Russia’s expulsion of an American missionary of the Unification Church on national security grounds was incompatible with […]

European Court of Human Rights orders Russia to release AIDS prisoner

22 Dec 2008 | by Monckton Chambers

The European Court of Human Rights (ECHR) held in a judgment issued today, 22nd December 2008, that the continued detention of Vasily Aleksanyan by the Russian authorities is ‘unacceptable’. STRASBOURG, 22nd December 2008: The ECHR, in a judgment issued this morning, ordered the release of Mr Vasily Aleksanyan, a 37 year old lawyer who has […]

Lord Chief Justice Applies Article 8 ECHR Rights to Business Transactions

06 Mar 2008 | by Monckton Chambers

5 March 2008 – Lord Chief Justice rules that Article 8 ECHR rights to private life and correspondence must be respected in mutual assistance proceedings concerning business transactions On 4 & 5 March 2008, the Divisional Court (Lord Phillips of Worth Matravers LCJ presiding) heard the judicial review in Hafner and anor v. City of […]

Kurdish Groups in CFI Bid to Annul EU Decision to Proscribe

31 Jan 2008 | by Monckton Chambers

Two Kurdish groups, the PKK and Kongra-Gel will today attempt to persuade the CFI in Luxembourg to annul decisions by the EU Council (made in 2002 and 2004 respectively) to place them on a list of terrorist organisations. The case (T-229/02) follows the PKK’s successful 2007 appeal to the ECJ to allow its case (brought […]