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A monthly round up of recent significant human rights decisions from common law jurisdictions. If you are interested in receiving this and other Commonwealth-related information from INTERIGHTS by email, why not subscribe to our e-bulletin, the CommonwealthNet. To do this, please send an email to:
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January 2006
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Last updated 27 July

AUSTRALIA

L v Human Rights and Equal Opportunity Commission
FCAFC 114
Federal Court, 12 July : FAIR HEARING, LEGAL REPRESENTATION; DISABILITY

Denial of due process in failing to appoint litigation guardian to represent interests of applicant allegedly suffering from mental disability.

Full text at http://www.austlii.edu.au/au/cases/cth/FCAFC/2006/114.html

SZDPB v Minister for Immigration and Multicultural and Indigenous Affairs
FCAFC 110
Federal Court, 3 July : REFUGEES; FAIR HEARING

Reasonable for applicants to relocate to another part of country of origin; whether applicants can avoid persecution by discreet behaviour is irrelevant to consideration of relocation; where a different language is spoken in relocation area appropriate to take into account applicant’s success in relocating to receiving country.

Full text at http://www.austlii.edu.au/au/cases/cth/FCAFC/2006/110.html

CANADA

Goodis v Ontario (Ministry of Correctional Services)
SCC 31
Supreme Court, 7 July : INFORMATION; PRIVACY, PRIVILEGE

Records subject to a claim of solicitor‑client privilege may be disclosed only where absolutely necessary including in access to information cases.

Full text at http://www.canlii.org/ca/cas/scc/2006/2006scc31.html

United Mexican States v Ortega; United States of America v Fiessel
SCC 34
Supreme Court, 21 July : LIBERTY & SECURITY; EXTRADITION; FAIR HEARING, EVIDENCE

Extradition treaty should require that evidence tendered at committal hearing should be certified as available for trial in requesting state.

Full text at http://www.canlii.org/ca/cas/scc/2006/2006scc34.html

United States of America v Ferras; United States of America v Latty
SCC 33
Supreme Court, 21 July : LIBERTY & SECURITY; EXTRADITION; FAIR HEARING, EVIDENCE

Extradition process afforded sufficient guarantees; prima facie case made out based on unsworn statements from law enforcement agents summarising the evidence expected to be presented at each trial.

Full text at http://www.canlii.org/ca/cas/scc/2006/2006scc33.html

HONG KONG

Koo Sze Yiu & Anor v Chief Executive of the HKSAR
FACV 12&13/
Court of Final Appeal, 12 July : PRIVACY

Covert surveillance legislation declared unconstitutional; temporary validity order set aside.

Full text at http://www.hklii.org/hk/jud/en/hkcfa/2006/FACV000013_2006.html

So Wai Lun v HKSAR
FACC No. 5 of
Court of Final Appeal, 18 July : FAIR HEARING, EQUALITY; LIBERTY & SECURITY

Absolute criminal liability for males engaging in sex with underage females did not breach equal protection under the law or arbitrariness.

Full text at http://www.hklii.org/hk/jud/en/hkcfa/2006/FACC000005_2005.html

INDIA

Employees State Insurance Corporation v Distilleries & Chemical Mazdoor Union & Ors
Appeal (civil) 1727 of
Supreme Court, 17 July : HEALTH; WORK

Company providing medical facilities to employees in accordance with previous Court order not required to contribute to Employees State Insurance scheme.

Full text at http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27857

Manager RBI v Sharma & Anor
Appeal (civil) 7902 of
Supreme Court, 17 July : EQUALITY; WORK

Concept of equal pay for equal work could not be extended to confer permanency on those who have been appointed on ad hoc or temporary basis.

Full text at http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27856

Salodkar v Monsanto Chemicals of India & Ors
WP 2820/2003
Bombay High Court, 12 July : LIFE; HEALTH; ENVIRONMENT; REMEDIES

Public interest litigation highlighting failure of state to properly regulate hazardous industry with resulting detrimental impact on environment and public health; detailed orders handed down.

Full text at http://tempweb55.nic.in/data/judgements/2006/CWP3870002.pdf

Singh v State of UP & Anor
Writ Petition (crl.) 208 of 2004
Supreme Court, 7 July 2006: WOMEN; LIFE; LIBERTY & SECURITY; MARRIAGE; EQUALITY

Duty of state to protect woman and her family from violence and threats resulting from inter-caste marriage; criticism of caste system.

Full text at http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27831

State of J & K & Ors v Ahmed Mir
Appeal (civil) 6642 of 2004
Supreme Court, 17 July 2006: EQUALITY; WORK

Appointment on compassionate grounds cannot be claimed as a matter of right but process should meet constitutional test.

Full text at http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27858

IRELAND

A v The Governor of Arbour Hill Prison
[2006] IESC 45
Supreme Court, 10 July 2006: FAIR HEARING, RETROSPECTIVITY

Concluded criminal or civil proceedings based on an enactment subsequently found to be unconstitutional cannot normally be reopened; conviction and sentence based on law subsequ ently held to be unconstitutional upheld.

Full text at http://www.bailii.org/ie/cases/IESC/2006/S45.html

McGrath v Irish Ispat Ltd
[2006] IESC 43
Supreme Court, 10 July 2006: FAIR HEARING, DELAY

Plaintiff’s claim struck out for want of prosecution based on inexcusable delay.

Full text at http://www.bailii.org/ie/cases/IESC/2006/S43.html

NEW ZEALAND

The Queen v Bryan and Ors
[2006] NZCA 161
Court of Appeal, 6 July 2006: LIBERTY & SECURITY, SENTENCING

Application of sentencing principles in serious drug offences case.

Full text at http://www.commonlii.org/nz/cases/NZCA/2006/161.html

The Queen v Miessen
[2006] NZCA 163
Court of Appeal, 6 July 2006: FAIR HEARING, EVIDENCE; SELF INCRIMINATION

No grounds for excluding eye-witness account of the actus reus of the alleged offence as breaching right to be protected against self incrimination under Bill of Rights.

Full text at http://www.commonlii.org/nz/cases/NZCA/2006/163.html

The Queen v Sharma
[2006] NZCA 164
Court of Appeal, 6 July 2006: FAIR HEARING, EQUALITY OF ARMS, BIAS

Inability to cross examine directly child victims in domestic violence case did not unduly prejudice accused; no evidence of judicial bias but inadequate answer to jury question by judge, taken together with other incidents, could lead to a conclusion of miscarriage of justice on one count.

Full text at http://www.commonlii.org/nz/cases/NZCA/2006/164.html

The Queen v Te Nahu
[2006] NZCA 160
Court of Appeal, 6 July 2006: LIBERTY & SECURITY, SENTENCING

Application of sentencing guidelines in drug offences case.

Full text at http://www.commonlii.org/nz/cases/NZCA/2006/160.html

SAMOA

Papu v Police
[2006] WSSC 39
Supreme Court, 10 July 2006: LIBERTY & SECURITY, BAIL

Consideration and denial of bail application in murder case.

Full text at http://www.paclii.org/ws/cases/WSSC/2006/39.html

TRINIDAD & TOBAGO

Central Broadcasting Services Ltd & Anor v Attorney General
[2006] UKPC 35
Privy Council, 4 July 2006: EQUALITY; EXPRESSION; RELIGION

Arbitrary denial of broadcasting licence to Hindu radio station breached free expression.

Full text at http://www.bailii.org/uk/cases/UKPC/2006/35.html

Cooper & Anor v Director of Personnel Administration & Anor
[2006] UKPC 37
Privy Council, 6 July 2006: SEPARATION OF POWERS

Public Service Examination Board should be appointed by Police Service Commission and not Cabinet.

Full text at http://www.bailii.org/uk/cases/UKPC/2006/37.html

UNITED KINGDOM

Barracks v Coles & Anor
[2006] EWCA Civ 1041
Court of Appeal, 21 July 2006: FAIR HEARING, DISCLOSURE; EQUALITY, RACE

No right to disclosure of security vetting information in race discrimination case.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/1041.html

Bath & North East Somerset Council v Connors & Ors
[2006] EWHC 1595 (QB)
High Court, 5 July 2006: HOUSING; MINORITIES; ENVIRONMENT

Local council not under a duty to provide Roma with a site which would encourage illegal action by others to the detriment of the protection of the environmental rights of the communit y.

Full text at http://www.bailii.org/ew/cases/EWHC/QB/2006/1595.html

Boum v Secretary of State for the Home Department
[2006] ScotCS CSOH 111
Court of Session, 18 July 2006: REFUGEES; RELIGION; HOUSING

Forcible eviction on religious grounds followed by recovery of possession did not amount to persecution.

Full text at http://www.bailii.org/scot/cases/ScotCS/2006/CSOH_111.html

Director of Public Prosecutions v Collins
[2006] UKHL 40
House of Lords, 19 July 2006: EXPRESSION; PRIVACY

Criminalisation of sending grossly offensive (including racist) messages by means of a public electronic communications network is a justified restriction on free expression.

Full text at http://www.bailii.org/uk/cases/UKHL/2006/40.html

Down Lisburn Health and Social Services Trust & Anor v H & Anor ( Northern Ireland)
[2006] UKHL 36
House of Lords, 12 July 2006: CHILDREN; FAMILY LIFE

Procedure freeing a child for adoption and dispensing with parental consent upheld in child's best interests and justified under Article 8 ECHR.

Full text at http://www.bailii.org/uk/cases/UKHL/2006/36.html

Dr D, R (on the application of) v Secretary of State for Health
[2006] EWCA Civ 989
Court of Appeal, 19 July 2006: PRIVACY

Disclosure to doctor’s prospective employer of unsubstantiated accusations of sexual assault on female patients made against him found to be justified.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/989.html

Forbes v Secretary of State for the Home Department
[2006] EWCA Civ 962
Court of Appeal, 11 July 2006: PRIVACY; EQUALITY

Notification requirements following conviction for importing child pornography justified.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/962.html

Gedara, R (on the application of) v Secretary of State for the Home Department
[2006] EWHC 1690 (Admin)
High Court, 10 July 2006: REFUGEES; LIFE

Former intelligence officer given sufficient protection by state of origin.

Full text at http://www.bailii.org/ew/cases/EWHC/Admin/2006/1690.html

Hirst v Secretary of State for the Home Department & Anor
[2006] EWCA Civ 945
Court of Appeal, 6 July 2006: LIBERTY & SECURITY, DELAY

Recall to custody scheme compatible with Article 5(4) ECHR.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/945.html

HK v Secretary of State for the Home Department
[2006] EWCA Civ 1037
Court of Appeal, 20 July 2006: REFUGEES; CRUEL OR INHUMAN TREATMENT

Tribunal erred in rejecting clear and substantial evidence that asylum seeker faced breach of Article 3 ECHR if returned to Sierra Leone.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/1037.html

Horvath, R (on the application of) v Secretary of State for Environment, Food & Rural Affairs
[2006] EWHC 1833 (Admin)
High Court, 21 July 2006: EQUALITY; PROPERTY

Failure to apply provisions relating to public rights of way among the factors that may lead to a reduction in a farmer's Common Agricultural Policy subsidies uniformly across the United Kingdom could potentially give rise to claim of discrimination.

F ull text at http://www.bailii.org/ew/cases/EWHC/Admin/2006/1833.html

JB, R (on the application of) v Responsible Medical Officer
[2006] EWCA Civ 961
Court of Appeal, 11 July 2006: MENTAL HEALTH; PRIVACY; CRUEL, INHUMAN OR DEGRADING TREATMENT

Court’s duty to conduct a full merits review as to whether proposed treatment of a mentally ill patient infringed the latter's human rights did not always require the hearing and testing of oral medical evidence.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/961.html

Johnson & Ors, R (on the application of) v London Borough of Havering
[2006] EWHC 1714 (Admin)
High Court, 11 July 2006: LIFE; CRUEL, INHUMAN OR DEGRADING TREATMENT; PRIVATE & FAMILY LIFE

Transfer of care home to private sector should not result in diminution in the patients' ECHR rights protection or corresponding obligation of local authority.

Full text at http://www.bailii.org/ew/cases/EWHC/Admin/2006/1714.html

Kumar, R (on the application of) v Secretary of State for Constitutional Affairs
[2006] EWCA Civ 990
Court of Appeal, 13 July 2006: CRUEL, INHUMAN OR DEGRADING TREATMENT; LIBERTY & SECURITY; FAIR HEARING; PRIVACY, FAMILY LIFE & HOME; EXPRESSION; EDUCATION

Detention of passport and refusal to process appeal against the refusal of a student visa did not breach any of applicant’s ECHR rights.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/990.html

Monarch Energy Ltd v Powergen Retail Limited
[2006] CSOH 102
Court of Session, 6 July 2006: FAIR HEARING, ACCESS TO JUSTICE

Security for expenses is a legitimate and proportionate restriction on right to access a court.

Full text at http://www.bailii.org/scot/cases/ScotCS/2006/CSOH_102.html

NS v MI
[2006] EWHC 1646 (Fam)
High Court, 5 July 2006: WOMEN; MARRIAGE; LIBERTY & SECURITY

Forced marriage grounds for divorce where evidence of duress.

Full text at http://www.interights.org/doc/nsmi.doc

Prenga v The Republic of Albania
[2006] EWHC (Admin) 1616
High Court, 3 July 2006: EXTRADITION; EVIDENCE; TORTURE

Extradition decision upheld where conviction in requesting country was based on other evidence beyond confession probably obtained through use of torture.

Full text at http://www.bailii.org/ew/cases/EWHC/Admin/2006/1616.html

Smith v Secretary of State for Work and Pensions & Anor
[2006] UKHL 35
House of Lords, 12 July 2006: FAMILY LIFE

Failure to provide adequate levels of child support payment did not breach recipients’ right to family life.

Full text at http://www.bailii.org/uk/cases/UKHL/2006/35.html

TB, R (on the application of) v The Combined Court at Stafford
[2006] EWHC 1645 (Admin)
High Court, 4 July 2006: PRIVACY; HEALTH

Procedure for production of medical records in sexual offences prosecution did not breach Article 8 ECHR.

Full text at http://www.bailii.org/ew/cases/EWHC/Admin/2006/1645.html

Toth v Jarman
[2006] EWCA Civ 1028
Court of Appeal, 19 July 2006: FAIR HEARING; WITNESS; INDEPENDENCE & IMPARTIALITY

Expert witness called by the parties does not need to satisfy the same test of independence as a judge.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/1028.html

June 2006

Last updated 1 July 2006.

AUSTRALIA

Batistatos v Roads and Traffic Authority of New South Wales; Batistatos v Newcastle City Council
[2006] HCA 27
High Court, 14 June 2006: FAIR HEARING, DELAY

Factors to be considered in determining whether delay of 29 years in bringing action precluded conduct of fair trial and amounted to abuse of process.

Full text at http://www.austlii.edu.au/au/cases/cth/HCA/2006/27.html

Island Maritime Limited v Filipowski; Kulkarni v Filipowski
[2006] HCA 30
High Court, 15 June 2006: FAIR HEARING, DOUBLE JEOPARDY

Accused not at risk of double jeopardy where no possibility of conviction on first set of charges brought against them.

Full text at http://www.austlii.edu.au/au/cases/cth/HCA/2006/30.html

Koroitamana v Commonwealth of Australia
[2006] HCA 28
High Court, 14 June 2006: NATIONALITY; CHILDREN

Stateless children born in receiving country but not citizens were aliens for purposes of immigration legislation.

Full text at http://www.austlii.edu.au/au/cases/cth/HCA/2006/28.html

XYZ v The Commonwealth
[2006] HCA 25
High Court, 13 June 2006: EXTRA TERRITORIALITY

Consideration of international law principles on extra territorial legislation in context of sexual offences committed outside jurisdiction.

Full text at http://www.austlii.edu.au/au/cases/cth/HCA/2006/25.html

CANADA

Minister of Citizenship and Immigration v Harkat
2006 FCA 215
Federal Court of Appeal, 9 June 2006: LIBERTY & SECURITY

No threat to national security justifying continued detention of terror suspect who could be released on strict conditions pending hearing of appeal in deportation proceedings.

Full text at http://www.canlii.org/ca/cas/fca/2006/2006fca215.html

Premakumaran v Canada
2006 FCA 213
Federal Court of Appeal, 9 June 2006: EQUALITY; MIGRATION

Skilled migrants forced to take menial jobs upon arrival to survive were not treated unfairly or misled by Immigration system.

Full text at http://www.canlii.org/ca/cas/fca/2006/2006fca213.html

Sawridge Band v Canada
2006 FCA 228
Federal Court of Appeal, 19 June 2006: FAIR HEARING, EVIDENCE; INDIGENOUS PEOPLE

Trial judge correctly excluded witness evidence as irrelevant in claim by indigenous people challenging statutory abrogation of tribal membership.

Full text at http://www.canlii.org/ca/cas/fca/2006/2006fca228.html

INDIA

Acharya & Ors v State of Karnataka & Ors
Appeal (civil) 1389 of 2006
Supreme Court, 12 May 2006: EQUALITY; EMPLOYMENT

Revision of teachers’ pay and pension with retrospective effect was arbitrary and discriminatory.

Full text at http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27756

Lingegowd Detective & Security Chamber (P) Limited v Mysore Kirloskar Limited & Ors
Appeal (civil) 4494 of 2000
Supreme Court, 4 May 2006: EMPLOYMENT; LIVELIHOOD

Scope of minimum wage scheme.

Full text at http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27713

Reddy v Dr Laxman & Ors
Appeal (civil) 2475 of 2006
Supreme Court, 5 May 2006: POLITICAL PARTICIPATION

Witness could be summoned to give evidence as to whom he voted for in election but could not be compelled to answer pursuant to right to secret ballot.

Full text at http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27725 and http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27728

Siraj v High Court of Kerala & Ors
Appeal (civil) 2539-2540 of 2005
Supreme Court, 23 May 2006: EQUALITY; EMPLOYMENT; EDUCATION

Selection scheme based on academic merit upheld as not contravening constitutional protection of reserved seats for “backward classes” and scheduled castes etc.

Full text at http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27775

UP State Sugar Corporation Ltd & Anor v Raj Singh & Ors
Appeal (civil) 6588 of 2003
Supreme Court, 12 May 2006: EQUALITY; EDUCATION; EMPLOYMENT

Educational qualifications are a relevant criteria for determining payment of wages.

Full text at http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27767

NEW ZEALAND

The Queen v Clark
[2006] NZCA 123
Court of Appeal, 12 June 2006: LIBERTY & SECURITY; EVIDENCE

Accused suspected of but not arrested for drink driving should not have been handcuffed prior to and during journey to police station for test but breach of Bill of Rights did not warrant exclusion of evidence where no causative link.

Full text at http://www.commonlii.org/nz/cases/NZCA/2006/123.html

The Queen v Ratahi
[2006] NZCA 121
Court of Appeal, 12 June 2006: LEGAL REPRESENTATION; RIGHT TO SILENCE

No breach of Bill of Rights where it could be inferred that accused had understood police caution, including right to counsel and to silence, and waived right to counsel prior to making inculpatory statements.

Full text at http://www.nzlii.org/nz/cases/NZCA/2006/121.html

SAMOA

Alaiasa v Samoa Broadcasting Corporation
[2006] WSSC 35
Supreme Court, 9 June 2006: EXPRESSION, DEFAMATION

Termination of employment published by employer was incapable of having a defamatory meaning and, in any event, could be justified.

Full text at http://www.paclii.org/ws/cases/WSSC/2006/35.html

SOUTH AFRICA

Isaac Metsing Magajane v The Chairperson Northwestern Gambling Board & Ors
CCT 49/05
Constitutional Court, 8 June 2006: PRIVACY

Legislation authorising warrantless searches of unlicensed gambling premises for purpose of obtaining evidence for prosecution struck down.

Full text at http://www.constitutionalcourt.org.za/site/magajane.htm

TONGA

Lasike v Noble Tu'iha'angana
[2006] TOSC 22; CV 431-2006
Supreme Court, 19 June 2006: POLITICAL PARTICIPATION

Opening of legislature by Princess Regent in absence of King was lawful.

Full text at http://www.paclii.org/to/cases/TOSC/2006/22.html

Taione v Pohiva
[2006] TOSC 23; CV 374-2004
Supreme Court, 22 June 2006: ACCESS TO JUSTICE

Indemnity costs awarded to plaintiff in interests of justice given significant public interest of case.

Full text at http://www.paclii.org/to/cases/TOSC/2006/23.html

Tau'atevalu v Police
[2006] TOSC 20; AM 008-2005
Supreme Court, 12 June 2006: FAIR HEARING, EQUALITY OF ARMS

Failure to comply with procedural requirements for serving of summons to attend hearing in magistrates’ court, thereby negatively impacting on accused’s ability to prepare his defence, resulted in a miscarriage of justice.

Full text at http://www.paclii.org/to/cases/TOSC/2006/20.html

UNITED KINGDOM

Baiai & Anor, R (on the application of) v Secretary of State for Home Department
[2006] EWHC 1454 (Admin)
High Court, 16 June 2006: MARRIAGE; EQUALITY

Refusal to grant illegal immigrant permission to marry did not breach his rights to marry and be treated equally.

Full text at http://www.bailii.org/ew/cases/EWHC/Admin/2006/1454.html

Clayton v Clayton
[2006] EWCA Civ 878
Court of Appeal, 27 June 2006: EXPRESSION; PRIVACY; CHILDREN

Father free to make video diary about his previous abduction of his child but restrained from involving latter father’s exercise of free speech outweighed by child’s right to privacy

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/878.html

Countryside Alliance & Ors, R (on the application of) v Attorney General & Anor
[2006] EWCA Civ 817
Court of Appeal, 23 June 2006: PRIVATE & FAMILY LIFE; LIVELIHOOD; ASSEMBLY & ASSOCIATION; PROPERTY

Hunting ban did not breach ECHR; Article 8 ECHR did not embrace respect for community activities or right to a livelihood.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/817.html

Hughes v The First Secretary of State & Anor
[2006] EWCA Civ 838
Court of Appeal, 23 June 2006: ROMA; HOME; ENVIRONMENT; EDUCATION

Government’s decision to refuse planning permission for Roma to encroach on environmentally protected land upheld; interests of Roma children’s education properly taken into account in decision process.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/838.html

Jones v Ministry of Interior for the Kingdom of Saudi Arabia & Ors
[2006] UKHL 26
House of Lords, 14 June 2006: TORTURE; IMPUNITY; ACCESS TO JUSTICE; REMEDIES

Immunity of foreign state and officials in UK civil suit for redress for acts of torture committed outside of UK jurisdiction upheld.

Full text at http://www.bailii.org/uk/cases/UKHL/2006/26.html

Malaba v Secretary of State for the Home Department
[2006] EWCA Civ 820
Court of Appeal, 21 June 2006: REFUGEES; RAPE; TORTURE

Asylum adjudicator erred in law in failing to give sufficient reasons for assessing applicant’s credibility concerning allegations of having suffered rape and torture in DRC.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/820.html

Malik v Central Criminal Court & Anor
[2006] EWHC 1539 (Admin)
High Court, 27 June 2006: PUBLIC HEARING; LIBERTY & SECURITY, BAIL

Bail application should have been heard in public; fundamental presumption in favour of open justice.

Full text at http://www.bailii.org/ew/cases/EWHC/Admin/2006/1539.html

Office of Communications & Anor v Floe Telecom Ltd
[2006] EWCA Civ 768
Court of Appeal, 15 June 2006: FAIR HEARING, DELAY

Right under Article 6 ECHR to have adjudication decisions implemented within a reasonable time did not provide basis for tribunal to compel telecommunications regulator to complete investigation within certain time period.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/768.html

South Cambridgeshire District Council v Flynn & Ors
[2006] EWHC 1320 (QB)
High Court, 7 June 2006: ROMA; HOME

Roma should comply with eviction order following refusal of planning permission.

Full text at http://www.bailii.org/ew/cases/EWHC/QB/2006/1320.html

Whitehead, R v
[2006] EWCA Crim 1486
Court of Appeal, 23 June 2006: FAIR HEARING, RIGHT TO SILENCE

Inferences to be drawn from defendant’s failure to give evidence at trial.

Full text at http://www.bailii.org/ew/cases/EWCA/Crim/2006/1486.html

UNITED STATES

Beard v Banks & Ors
04-1739
Supreme Court, 28 June 2006: PRISONERS; EXPRESSION

Permissible to restrict prisoners’ access to newspapers, magazines and photographs.

Full text at http://www.supremecourtus.gov/opinions/05slipopinion.html

Burlington Northern & Santa Fe Railway v White
05-259
Supreme Court, 22 June 2006: EQUALITY, GENDER; EMPLOYMENT

Scope of provisions aimed at preventing retaliation by employer against an employee alleging discrimination not restricted to acts connected to employment or committed at workplace.

Full text at http://www.supremecourtus.gov/opinions/05slipopinion.html

Hamdan v Rumsfeld
05-184
Supreme Court, 29 June 2006: FAIR HEARING; LIBERTY & SECURITY

Guantanamo detainees should not be tried by military commissions established by the Executive in breach of Geneva Conventions but by either civilian courts or court martial.

Full text at http://www.supremecourtus.gov/opinions/05slipopinion.html

Hudson v Michigan
04-1360
Supreme Court, 15 June 2006: SEARCH & SEIZURE; EVIDENCE

Violation of ‘knock and announce’ rule does not require suppression of evidence obtained as a result.

Full text at http://www.supremecourtus.gov/opinions/05slipopinion.html

Samson v California
04-9728
Supreme Court, 19 June 2006: SEARCH & SEIZURE; PRISONERS

Suspicionless search of parolees permissible.

Full text at http://www.supremecourtus.gov/opinions/05slipopinion.html

Sanchez-Llammas v Oregon
04-10566
Supreme Court, 28 June 2006: PRISONERS; REMEDIES

Suppression of a defendant’s statement is not an adequate remedy for the violation of the right of an individual to communicate with his consular officers when detained by authorities in a foreign country.

Full text at http://www.supremecourtus.gov/opinions/05slipopinion.html

United States v Gonzalez-Lopez
05-352
Supreme Court, 26 June 2006: FAIR HEARING, LEGAL REPRESENTATION

Trial court’s erroneous deprivation of defendant’s choice of counsel entitled him to reversal of conviction.

Full text at http://www.supremecourtus.gov/opinions/05slipopinion.html

Woodford et al v NGO
05-416
Supreme Court, 22 June 2006: PRISONERS, CONDITIONS; REMEDIES

Prisoners must exhaust all available administrative remedies before challenging prison conditions in federal court.

Full text at http://www.supremecourtus.gov/opinions/05slipopinion.html

May 2006

Last updated 1 June 2006.

AUSTRALIA

Harriton v Stephens
[2006] HCA 15
High Court, 9 May 2006: LIFE; DISABILITY; REMEDIES

Whether a life with disabilities is actionable damage and whether life is capable of constituting a legally cognisable injury.

Full text at http://www.austlii.edu.au/au/cases/cth/HCA/2006/15.html

Waller v James; Waller v Hoolahan
[2006] HCA 16
High Court, 9 May 2006: LIFE; DISABILITY; REMEDIES

Whether a life with disabilities is actionable damage and whether life is capable of constituting a legally cognisable injury.

Full text at http://www.austlii.edu.au/au/cases/cth/HCA/2006/16.html

HONG KONG

Hui Wui Sang v HKSAR
FACC No. 10/2005
Court of Final Appeal, 23 May 2006: ACCESS TO JUSTICE

Acquitted defendant should be awarded costs.

Full text at http://www.hklii.org/hk/jud/en/hkcfa/2006/FACC000010_2005.html

IRELAND

Lynch v Honour Judge Moran
[2006] IESC 31
Supreme Court, 23 May 2006: FAIR HEARING, APPEAL, SENTENCE

Estoppel in favour of the prosecution contrary to right to have conviction or sentence reviewed by a higher tribunal.

Full text at http://www.bailii.org/ie/cases/IESC/2006/S31.html

PAPUA NEW GUINEA

Ume v The State
[2006] PGSC 1
Supreme Court, 19 May 2006: DEATH PENALTY

Death penalty for wilful murder not mandatory; application of sentencing principles in considering discretionary application of death penalty.

Full text at http://www.paclii.org/pg/cases/PGSC/2006/1.html

SOLOMON ISLANDS

Keke v R
[2006] SBCA 1
Court of Appeal, 25 May 2006: FAIR HEARING, EVIDENCE; LIBERTY & SECURITY, CONFESSION, ARREST

Confession should not automatically be excluded as a result of initial failure to provide reasons for arrest and detention in breach of constitution.

Full text at http://www.paclii.org/sb/cases/SBCA/2006/1.html

SOUTH AFRICA

Matau v Longrops 5 (Pty) Ltd & Ors
LCC 63/06
Land Claims Court, 10 May 2006: RELIGION; PROPERTY

Occupiers of land and members of their family had right to bury their dead on the land if they were resident at time of death even if against the will of the owner.

Full text at http://wwwserver.law.wits.ac.za/lcc/judgment.php?case_id=13245

Phumelela Gaming and Leisure Ltd v Gründlingh and Others
CCT 31/ 05
Constitutional Court, 18 May 2006: ACCESS TO JUSTICE; PROPERTY

Failure to raise constitutional issues in lower courts was not a bar to consideration by Constitutional Court; right to property protects right to goodwill; right to freedom of trade is not inconsistent with promotion of lawful competition.

Full text at http://www.constitutionalcourt.org.za/site/phumelela.htm

UNITED KINGDOM

Ali v Secretary of State for the Home Department
[2006] EWCA Civ 484
Court of Appeal, 3 May 2006: REFUGEES; FAIR HEARING, STANDARD OF PROOF; HOME & FAMILY LIFE

Civil standard of proof should apply when determining issues of status relevant to a right of residence
conferred by European law or English domestic law or English domestic law compared to lower standard
applicable in cases where there was a risk of breach of Articles 2 or 3 of the ECHR; Article 8 ECHR not
breached by removal.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/484.html

Davis , R v
[2006] EWCA Crim 1155
Court of Appeal, 19 May 2006: FAIR HEARING, EQUALITY OF ARMS

Witness anonymity in trial proceedings justified.

Full text at http://www.bailii.org/ew/cases/EWCA/Crim/2006/1155.html

Desnousse v London Borough of Newham & Ors
[2006] EWCA Civ 547
Court of Appeal, 17 May 2006: HOUSING

No requirement on Housing Authority, having decided that an applicant, though eligible for assistance and in priority need, became homeless intentionally, to enforce repossession through the courts after statutory period of temporary accommodation came to an end.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/547.html

DK v Secretary of State for the Home Department
[2006] EWCA Civ 682
Court of Appeal, 25 May 2006: REFUGEES; TORTURE, CRUEL, INHUMAN AND DEGRADING TREATMENT

Failure to take into account relevant evidence about situation in Kurdish area of Iraq in consideration of claim under the Refugee Convention and Article 3 ECHR.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/682.html

Haw, R (on the application of) v Secretary of State for the Home Department & Anor
[2006] EWCA Civ 532
Court of Appeal, 8 May 2006: EXPRESSION; ASSEMBLY; STATUTORY INTERPRETATION

Ban on protests near UK Parliament covered ongoing demonstrations.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/532.html

NJ v Essex County Council & Anor
[2006] EWCA Civ 545
Court of Appeal, 11 May 2006: FAMILY; FAIR HEARING

Care order did not breach mother’s rights under Articles 6 and 8 ECHR.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/545.html

Oxfordshire County Council v Oxford City Council & Anor
[2006] UKHL 25
House of Lords, 24 May 2006: PROPERTY

System of prescription by which land could after 20 years of use become subject to recreational rights was not inconsistent with landowner’s property rights.

Full text at http://www.bailii.org/uk/cases/UKHL/2006/25.html

Secretary of State for Trade and Industry v Rutherford & Ors
[2006] UKHL 19
House of Lords, 3 May 2006: EQUALITY; WORK

Removal of benefits of redundancy pay or compensation for unfair dismissal after retirement at 65 did not indirectly discriminate against men.

Full text at http://www.bailii.org/uk/cases/UKHL/2006/19.html

UNITED STATES

Garcetti & Ors v Ceballos
04/473
Supreme Court, 30 May 2006: EXPRESSION

Public employees making statements pursuant to their official duties not covered by citizens’ free speech protection under the First Amendment.

Full text at http://www.supremecourtus.gov/opinions/05slipopinion.html

Holmes v South Carolina
04/1327
Supreme Court, 1 May 2006: FAIR HEARING, EQUALITY OF ARMS, EVIDENCE

Evidence rule preventing defendant from introducing evidence of third party guilt not justified where prosecution could introduce forensic evidence strongly supporting a guilty verdict.

Full text at http://www.supremecourtus.gov/opinions/05slipopinion.html

Brigham City Utah v Stuart & Ors
05/502
Supreme Court, 22 May 2006: SEARCH & SEIZURE; LIBERTY & SECURITY

Police may enter a home without a warrant where there is an objective reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury.

Full text at http://www.supremecourtus.gov/opinions/05slipopinion.html

April 2006

Last updated 2 May 2006.

AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v SZFDJ
[2006] FCAFC 53
Federal Court, 28 April 2006: REFUGEES; FAIR HEARING

Claim based on well-founded fear of persecution by reason of membership of a social group (male homosexuals) in Bangladesh denied due process by Tribunal’s failure to refer to one of two sources of country information which distinguished between two sub-groups.

Full text at http://www.austlii.edu.au/au/cases/cth/FCAFC/2006/53.html

Save the Ridge Inc v Commonwealth
[2006] FCAFC 51
Federal Court, 18 April 2006: ACCESS TO JUSTICE; ENVIRONMENT

Insufficient public interest grounds warranting waiver of costs against unsuccessful party in environmental protection litigation.

Full text at http://www.austlii.edu.au/au/cases/cth/FCAFC/2006/51.html

State of New South Wales v Amery
[2006] HCA 14
High Court, 13 April 2006: EQUALITY; GENDER; WORK

Subjection of casual teachers to different salary scales did not amount to unlawful discrimination.

Full text at http://www.austlii.edu.au/au/cases/cth/HCA/2006/14.html

Von Arnim v Honourable Christopher Martin Ellison
[2006] FCAFC 49
High Court, 11 April 2006: EXTRADITION; LIBERTY & SECURITY

No breach of duty of care or false imprisonment as a result of unsuccessful extradition proceedings.

Full text at http://www.austlii.edu.au/au/cases/cth/FCAFC/2006/49.html

BAHAMAS

Simmons & Anor v R
[2006] UKPC 19
Privy Council, 3 April 2006: FAIR HEARING, EVIDENCE; DEATH PENALTY

Admission of exculpatory confession statement and failure to give good character direction did not affect fairness of proceedings given overwhelming evidence against accused; mandatory death penalty should not be imposed.

Full text at http://www.bailii.org/uk/cases/UKPC/2006/19.html

CANADA

Heinz Ltd v Attorney General
2006 SCC 13
Supreme Court, 21 April 2006: FREEDOM OF INFORMATION; PRIVACY

Third party company entitled to object to release of confidential business material following request made under freedom of information legislation.

Full text at http://www.canlii.org/ca/cas/scc/2006/2006scc13.html

R v Rodgers
2006 SCC 15
Supreme Court, 27 April 2006: LIBERTY & SECURITY; SEARCH & SEIZURE

Collection of DNA samples for data bank purposes from designated classes of convicted offenders was reasonable.

Full text at http://www.canlii.org/ca/cas/scc/2006/2006scc15.html

Tranchemontagne v Ontario (Director, Disability Support Program)
2006 SCC 14
Supreme Court, 21 April 2006: JURISDICTION; DISABILITY; SOCIAL SECURITY

Social Benefits Tribunal had jurisdiction to consider the Human Rights Code in determining whether claimants were eligible for statutory support.

Full text at http://www.canlii.org/ca/cas/scc/2006/2006scc14.html

JAMAICA

Edwards v The Queen
[2006] UKPC 23
Privy Council, 25 April 2006: FAIR HEARING, EVIDENCE

Unsafe conviction following inadequate direction on weaknesses of identification evidence.

Full text at http://www.bailii.org/uk/cases/UKPC/2006/23.html

Williams v The Queen
[2006] UKPC 21
Privy Council, 25 April 2006: FAIR HEARING, EVIDENCE; LIBERTY & SECURITY; CHILDREN

Confession obtained under duress from 12 year old should not have been admitted.

Full text at http://www.bailii.org/uk/cases/UKPC/2006/21.html

MAURITIUS

Mohit v DPP
[2006] UKPC 20
Privy Council, 25 April 2006: ACCESS TO JUSTICE

Decision by the Director of Public Prosecutions to discontinue a private prosecution was in principle susceptible to review by the courts .

Full text at http://www.bailii.org/uk/cases/UKPC/2006/20.html

TRINIDAD & TOBAGO

Bobb & Anor v Manning
[2006] UKPC 22
Privy Council, 25 April 2006: POLITICAL PARTICIPATION

Unsuccessful challenge to Prime Minister’s decision not to hold elections.

Full text at http://www.bailii.org/uk/cases/UKPC/2006/22.html

UNITED KINGDOM

A v Iorworth Hoare & Ors v Wandsworth
[2006] EWCA Civ 395
Court of Appeal, 12 April 2006: ACCESS TO JUSTICE; CHILDREN

Limitation period on personal injury claims for sexual abuse committed against school pupils upheld.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/395.html

AA & Anor v LK & Anor
[2006] EWCA Civ 401
Court of Appeal, 12 April 2006: REFUGEES

Consideration of asylum seekers’ claims not to be returned to Zimbabwe.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/401.html

G v R
[2006] EWCA Crim 821
Court of Appeal, 12 April 2006: PRIVATE & FAMILY LIFE

Subjecting a defendant found guilty of sexual assault to notification requirements for a period of 5 years did not breach his rights under Article 8 of the ECHR.

Full text at http://www.bailii.org/ew/cases/EWCA/Crim/2006/821.html

H v R
[2006] EWCA Crim 853
Court of Appeal, 25 April 2006: FAIR HEARING; CHILDREN

Juvenile offender found guilty of rape not denied a fair hearing by virtue of lack of participation in proceedings.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/853.html

Kaydanyuk v Secretary of State for the Home Department
[2006] EWCA Civ 368
Court of Appeal, 4 April 2006: REFUGEES; LIFE; CRUEL & INHUMAN TREATMENT; PRIVATE & FAMILY LIFE

Insufficient risk of suicide to justify preventing deportation.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/368.html

Krasniki v Secretary of State for the Home Department
[2006] EWCA Civ 391
Court of Appeal, 10 April 2006: REFUGEES; FAMILY LIFE; SEXUALITY

Asylum seeker who had formed a relationship with another woman pending consideration of claim merited exceptional case status under Article 8 ECHR.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/391.html

RG ( Ethiopia) v Secretary of State for the Home Department
[2006] EWCA Civ 339
Court of Appeal, 4 April 2006: REFUGEES

Unmarried females in Ethiopia subjected to abuse were particular social group for purposes of Refugee Convention.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/339.html

Rogers, R (on the application of ) v Swindon NHS Primary Care Trust
[2006] EWCA Civ 392
Court of Appeal, 12 April 2006: HEALTH; LIFE

Decision of Primary Healthcare Trust to refuse to fund the treatment of patient with Herceptin to combat breast cancer in accordance with a doctor’s recommendation quashed .

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/392.html

Tozlukaya, R (on the application of) v
[2006] EWCA Civ 379
Court of Appeal, 11 April 2006: REFUGEES; CRUEL & INHUMAN TREATMENT; MENTAL HEALTH; PRIVATE & FAMILY LIFE; CHILDREN

Claim resisting deportation on mental health grounds and risk of suicide could not succeed under either Article 3 or Article 8 ECHR; arguable that exceptional case for protection under Article 8 where family with children had been continuously resident in UK for more than seven years.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/379.html

UNITED STATES

Day v McDonough
04/1524
Supreme Court, 25 April 2006: ACCESS TO JUSTICE, LIMITATION PERIOD; LIBERTY & SECURITY

Court had discretion to correct state’s mistake and dismiss habeas corpus petition as being out of time.

Full text at http://www.supremecourtus.gov/opinions/05slipopinion.html

March 2006

Last updated 1 March 2006.

AUSTRALIA

Antoun v The Queen
[2006] HCA 2
High Court, 8 February 2006: FAIR HEARING, BIAS

Apprehension of bias based on judge’s conduct in dealing with submission of no case to answer and bail application by defence.

Full text at http://www.austlii.edu.au/au/cases/cth/HCA/2006/2.html

Applicant M164/2002 v Minister for Immigration & Multicultural & Indigenous Affairs
[2006] FCAFC 16
Federal Court, 22 February 2006: REFUGEES; FAIR HEARING

Refugee Review Tribunal failed to properly consider claim and whether state protection would be available to asylum seeker on her version of events.

Full text at http://www.austlii.edu.au/au/cases/cth/FCAFC/2006/16.html

CSR Ltd v Della Maddalena
[2006] HCA 1
High Court, 2 February 2006: FAIR HEARING, EVIDENCE

Whether court’s expression of preferred expert witnesses as ‘well known to the court’ constituted a breach of procedural fairness.

Full text at http://www.austlii.edu.au/au/cases/cth/HCA/2006/1.html

Hermanowski v United States of America
[2006] FCAFC 8
Federal Court, 17 February 2006: EXTRADITION, EVIDENCE

Application of extradition treaty in relation to description of facts setting forth reasonable grounds for believing that an offence had been committed and the person sought committed it.

Full text at http://www.austlii.edu.au/au/cases/cth/FCAFC/2006/8.html

SZCWP v Minister for Immigration & Multicultural & Indigenous Affairs
[2006] FCAFC 8
Federal Court, 20 February 2006: REFUGEES; WAR CRIMES, CRIMES AGAINST HUMANITY

Applicant excluded from protection of Refugees Convention on the basis of serious reasons for considering he had committed war crimes and crimes against humanity.

Full text at http://www.austlii.edu.au/au/cases/cth/FCAFC/2006/9.html

CANADA

Via Rail Canada Inc. v Canadian Transportation Agency
2006 FCA 45
Federal Court of Appeal, 6 February 2006: DISABILITY; EQUALITY

Rail company’s meal distribution policy did not breach disabled person’s statutory mobility rights.

Full text at http://www.canlii.org/ca/cas/fca/2006/2006fca45.html

INDIA

Surinder Singh Shingara Singh v State of Punjab
[2005] INSC 448
Supreme Court, 6 September 2005: LIBERTY & SECURITY, BAIL; FAIR HEARING, DELAY

Bail granted to appellant sentenced to life imprisonment having already served over six years in custody pending hearing of appeal against conviction.

Full text at http://www.commonlii.org/in/cases/INSC/2005/448.html

JAMAICA

Ebanks v The Queen
[2006] UKPC 6
Privy Council, 16 February 2006: DEATH PENALTY; FAIR HEARING

Accused not denied fair hearing in capital murder trial but should not be subject to mandatory death sentence in light of repeal following R v Watson.

Full text at http://www.bailii.org/uk/cases/UKPC/2006/6.html

Shabadine Peart v The Queen
[2006] UKPC 5
Privy Council, 14 February 2006: FAIR HEARING; EVIDENCE; LIBERTY & SECURITY

Scope of judicial discretion to admit confession evidence where breach of Judges Rules.

Full text at http://www.bailii.org/uk/cases/UKPC/2006/5.html

NAMIBIA

The Minister of Health and Social Services v Lisse
[2005] NASC 1
Supreme Court, 23 November 2005: FAIR HEARING

Minister’s refusal to grant license breached doctor’s constitutional right to fair hearing by administrative bodies and officials.

Full text at http://www.saflii.org/na/cases/NASC/2005/1.html

Waterberg Big Game Hunting Lodge Otjahewita (Pty) Ltd v The Minister of Environment and Tourism
[2005] NASC 2
Supreme Court, 23 November 2005: FAIR HEARING

Breach of Article 18 following refusal of application to import wild game; incorporation of reasonable or legitimate expectation doctrine into constitutional protection of due process in administrative decision-making.

Full text at http://www.saflii.org/na/cases/NASC/2005/2.html

NEW ZEALAND

Thompson v The Queen
[2006] NZSC 3
Supreme Court, 15 February 2006: FAIR HEARING

No miscarriage of justice where jury heard references to victim’s responses to questions from defence in cross examination to accused’s imprisonment for prior offences.

Full text at http://www.justice.govt.nz/judgments

SOUTH AFRICA

African Christian Democratic Party
CCT 10/06
Constitutional Court, 24 February 2006: POLITICAL PARTICIPATION, ELECTIONS

Political party complied with local electoral legislation which had to be construed according to political rights contained in the Constitution.

Full text at http://www.constitutionalcourt.org.za/site/africchrisdemocratic.htm

UNITED KINGDOM

Ariaya v Secretary of State for the Home Department
[2006] EWCA Civ 48
Court of Appeal, 8 February 2006: REFUGEES

Perceived draft evaders from Eritrea at insufficient risk of persecution upon return.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/48.html

Bailey v Warren
[2006] EWCA Civ 51
Court of Appeal, 7 February 2006: FAIR HEARING

Pre-action compromise in personal injury suit did comply with ECHR.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/51.html

The Queen v C & K
[2006] EWCA Crim 197
Court of Appeal, 21 February 2006: FAIR HEARING; EQUALITY OF ARMS

Right to cross examine witness absent through fear is not absolute.

Full text at http://www.bailii.org/ew/cases/EWCA/Crim/2006/197.html

Januzi v Secretary of State for the Home Department & Ors
[2006] UKHL 5
House of Lords, 15 February 2006: REFUGEES

Whether unduly harsh for a claimant to be expected to live in a place of relocation within the country of his nationality is not to be judged by considering whether the quality of life in the place of relocation meets the basic norms of civil, political and socio-economic human rights.

Full text at http://www.bailii.org/uk/cases/UKHL/2006/5.html

Kearney v Her Majesty’s Advocate
[2006] UKPC D1
Privy Council, 6 February 2006: FAIR HEARING, INDEPENDENCE

Temporary judge of Scottish Court of Sessions sufficiently independent and impartial.

Full text at http://www.bailii.org/uk/cases/UKPC/2006/D1.html

Khan v Revenue & Customs
[2006] EWCA Civ 89
Court of Appeal, 23 February 2006: FAIR HEARING, LEGAL REPRESENTATION

Although VAT evasion proceedings are ‘criminal’ for the purposes of Article 6 ECHR this does not require application of all of the Police and Criminal Evidence Act safeguards; no breach of Article 6 by lack of legal representation at such hearings.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/89.html

Makuwa, R v
[2006] EWCA Crim 175
Court of Appeal, 23 February 2006: REFUGEES; FAIR HEARING, PRESUMPTION OF INNOCENCE

Reversing the burden of proof on a claimant seeking to rely on s 31 of the Immigration and Asylum Act to defend their illegal presence was a justifiable infringement of the presumption of innocence.

Full text at http://www.bailii.org/ew/cases/EWCA/Crim/2006/175.html

Miao v Secretary of State for the Home Department
[2006] EWCA Civ 75
Court of Appeal, 16 February 2006: REFUGEES; FAMILY & PRIVATE LIFE; HEALTH

Failed asylum seeker allowed to remain to care for father suffering from chronic depression and post-traumatic stress disorder as a result of having been imprisoned and tortured.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/75.html

Wright, R (on the application of) v Secretary of State for the Home Department
[2006] EWCA Civ 67
Court of Appeal, 15 February 2006: LIBERTY & SECURITY; REMEDIES; RETROSPECTIVITY

No enforceable right to compensation for illegal detention occurring prior to coming into force of Human Rights Act; mandatory life sentences breach Article 5(4) ECHR.

Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2006/67.html

UNITED STATES

Gonzales v Centro Espirita & Ors
04/1084
Supreme Court, 21 February 2006: RELIGION

No justification for banning use of hallucinogenic tea in religious ceremony.

Full text at http://www.supremecourtus.gov/opinions/05slipopinion.html

February 2006