header-logo header-logo

17 May 2013
Issue: 7560 / Categories: Case law , Law digest , In Court
printer mail-detail

Human rights

A Council v M and others [2012] EWHC 2038 (Fam), [2012] All ER (D) 381 (Jul)
 

Rights arising under Art 8 (right to private and family life) of the European Convention on Human Rights on the one hand and Art 10 (freedom of expression) on the other were different in quality. Article 8 rights were by their nature of crucial importance to a few, while Art 10 rights were typically of general importance to many. The decided cases, together with s 12(4) of the Human Rights Act 1998, acted as a strong reminder that the rights of the many should not be undervalued and incrementally eroded in response to a series of hard cases of individual misfortune. On the other hand, there was no hierarchy of rights and there were cases where individual rights had to prevail. In highly exceptional cases that could even include making inroads into the fundamental right to report criminal proceedings, but only where that was absolutely necessary.

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll