My article on The Application of Human Rights Law to Everyday Life under Rebel Control has recently been published by the Netherlands International Law Review and is available via open access. In the article, I draw upon social science literature to offer a new assessment of the normative value of human rights law vis–à–vis international humanitarian […]
Al-Saadon & Ors v. Secretary of State for Defence  EWCA Civ 811, 9 September 2016 – read judgment. This is the second in a series of posts on a very important judgment on the human rights obligations imposed on the British Armed Forces when operating abroad. The background to the case can be found in […]
Al-Saadoon & Ors v Secretary of State for Defence  EWCA Civ 811, 9 September 2016 – read judgment This is an extremely important judgment from the Court of Appeal on the reach of the ECHR into war zones, in this case Iraq. The CA, with the only judgment given by Lloyd Jones LJ, disagreed in part with Leggatt J […]
RT v (1) The First-Tier Tribunal (Social Entitlement Chamber) and (2) Criminal Injuries Compensation Authority  UKUT 0306 (AAC) – read judgment.
The Upper Tribunal has ruled that, in deciding whether or not an applicant has cooperated with the prosecution of her assailant where she made and later retracted an allegation of rape, it was necessary to see why that retraction was made and whether it was done truly voluntarily, rather than simply assessing whether she was responsible for the retraction.
The Applicant (“RT”) was married to H and had four children with him between 2001 and 2008. From 2004, she was subject to physical and mental abuse by H, culminating in three incidents of rape. What followed was a somewhat protracted and complicated course of events relating to H’s prosecution.
Initially, H was arrested and charged with six counts of rape. He was bailed subject to…
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In the News In a new report on the much-delayed Counter-Extremism Bill, the Joint Committee on Human Rights (JCHR) has concluded that the proposed legislation is confusing, unnecessary, and likely to be counter-productive. Though first announced by the Government in the Queen’s Speech in May 2015, the Bill itself has yet to appear. The JCHR report […]
Numerous members of the new Government have stated that they want a greater role in the world for a post-Brexit UK, rather than a diminished one. If the Government is to be diplomatically resurgent, what sort of challenges might it wish to confront? It could do far worse than face up to the creeping, unspoken, […]
O’Neill and Lauchlan v. United Kingdom, nos. 41516/10 and 75702/13, 28 June 2016 – read judgment. The European Court of Human Rights has ruled that criminal proceedings concerning two Scottish individuals ran beyond the “reasonable” period of time permitted under Article 6, ECHR. Despite considering that the individual stages of the proceedings were all reasonable […]