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04 October 2007 / Susan Nash
Issue: 7291 / Categories: Features , Human rights
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Human Rights Update

SELF INCRIMINATION >>
ADVERSE Possession >>
INHERITANCE TAX >>
MARGIN OF Appreciation >>

RIGHT TO REMAIN SILENT

Relying on Art 6 of the European Convention on Human Rights (the Convention) which guarantees the right to a fair trial, the applicants in O’Halloran v United Kingdom (App No 15809/02); Francis v United Kingdom (App No 25624/02), (2007) The Times, 13 July complained that the nature of information sought by a notice of intended prosecution under the 1988 Road Traffic Act (RTA 1988), s 172 violated their right to remain silent and their privilege against self-incrimination. In both cases the applicants’ cars had been caught on speed camera.

As registered keepers of the vehicles they were served notices of an intention to prosecute and asked for the details of the driver on the relevant occasion, or information which would lead to the driver’s identification. Each applicant was further informed that failing to provide information was a criminal offence under RTA 1988, s 172. Although the first applicant admitted that he was the driver, he complained that his conviction was based solely or mainly on a statement

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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
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