XFJ v Director of Public Transport (Occupational and Business Regulation) [2008] VCAT 2303 (31 October 2008)In overturning a decision by the Director of Public Transport to refuse to grant XFJ, the applicant, accreditation to drive commercial taxi vehicles under the Transport Act 1983 (Act) , VCAT considered the application of the obligation under s 32(1) of the Charter to interpret laws consistently with human rights.

PHS Community Services Society v Canada (Attorney General), 2008 BCSC 1453 (31 October 2008)This case concerned an application for special costs.  The Supreme Court of British Columbia held that the proceeding was public interest litigation, and that special costs could therefore be awarded to the plaintiffs.

Times Newspapers Ltd & Ors v R & Ors [2008] EWCA Crim 2396 (24 October 2008)The England and Wales Court of Appeal has held that a defendant should not be identified if it would lead to a ‘real and immediate’ risk to their right to life.

Victoria (City) v Adams 2008 BCSC 1363 (14 October 2008)The Supreme Court of British Colombia in Canadahas made declarations that certain by-laws, enacted by the City of Victoria, violated s 7 of the Canadian Charter of Rights and Freedoms as they deprived homeless people of their right to life, liberty and security.  The effect of this declaration was that those by-laws are of no effect insofar as they prevent homeless people from erecting temporary shelters.

RJM, R (On The Application of) v Secretary of State For Work and Pensions [2008] UKHL 63 (22 October 2008)The Social Security Contributions and Benefits Act 1992 (UK) provides for a 'disability premium' for people receiving welfare payments, except where the person is 'without accommodation'.  In this case the House of Lords decided that discrimination in the distribution of welfare payments can be justified under the European Convention on Human Rights.

Renolde v France [2008] ECHR 5608/05 (16 October 2008)On 16 October 2008, the European Court of Human Rights held that the suicide of a mentally ill prisoner in France was attributable to the authorities’ failure to provide adequate medical care. This failure was a breach of the deceased’s right to life and right to be free from inhuman or degrading treatment.

EM (Lebanon) v Secretary of State For The Home Department [2008] UKHL 64 (22 October 2008)The House of Lords recently ruled that a foreign national could not be removed from the UK in circumstances that would completely deny or nullify her right to family life, since such removal would be incompatible with the UK's obligations under the European Convention on Human Rights, given domestic effect by the Human Rights Act 1998.

AS (Pakistan) v Secretary of State for the Home Department [2008] EWCA Civ 1118 (15 October 2008) The England and Wales Court of Appeal recently allowed an appeal against a decision of the Asylum and Immigration Tribunal regarding the deportation of AS, a Pakistani national.  The Court held that the Tribunal erred in two respects: first, in finding that deportation would not interfere with AS’ right to respect for his private and family life (under art 8 of the European Convention on Human Rights), and second, in its assessment of proportionality.

Haase v Independent Adjudicator & Anor [2008] EWCA Civ 1089 (14 October 2008)Article 6(1) of the European Convention of Human Rights provides, ‘[i]n the determination of … any criminal charge against him, everyone is entitled to a fair and public hearing … by an independent and impartial tribunal established by law.’  This case was an appeal from a decision of the High Court holding that art 6(1) does not require prosecutorial independence.  The England and Wales Court of Appeal dismissed the appeal and held that art 6(1) does not impose a general requirement of prosecutorial independence.  Their Lordships held that a lack of prosecutorial independence should only be taken into account when it has some other effect on the impartiality of the tribunal.

LM (Guardianship) [2008] VCAT 2084 (9 October 2008)LM is a 25 year old woman with a borderline to mild intellectual disability and a history of psychological and behavioural problems dating back to her childhood.In 2004 LM was placed on a two year community based order following various convictions.  In 2007 LM was charged with a number of offences and was released on bail to Furlong House in Parkville.  While resident at Furlong House LM had a number of incidents which included non-epileptic seizures on roads, walking into oncoming traffic, physical aggression towards other people, threatening self-harm or suicide, and assaulting staff at Furlong House.  In February 2008 LM was convicted of a number of offences relating to these incidents.

R (on the application of George Loch) v Secretary of State for Justice [2008] EWHC 2278 (Admin) (02 October 2008)The England and Wales High Court (Administrative Court) has held that the Secretary of State's decision that the applicant's next Parole Board review should take place approximately 18 months after the last one, amounted to a violation of art 5(4) of the European Convention on Human Rights which entitles a person to challenge the lawfulness of their detention or deprivation of liberty.

RK and AK v United Kingdom [2008] ECHR 38000(1)/05 (30 September 2008)The European Court of Human Rights has held that a UK decision of a public authority to remove a child from its family, on the basis of an incorrect diagnosis, was not a breach of art 8 of the European Convention of Human Rights which provides for the right to respect for private and family life.  Rather, the Court held that there was a breach of art 13, the right to an effective remedy, in that there was no adequate remedy at the national level for an incorrect diagnosis.