Ciorap v Moldova [2007] ECHR Application No 12066/02 (19 June 2007) Bakan v Turkey [2007] ECHR Application No 50939/99 (12 June 2007)Two recent decisions of the European Court of Human Rights regarding the scope and content of art 6 of the European Convention on Human Rights have confirmed that the right to a fair hearing subsumes a right of access to the courts.

Frerot v France [2007] ECHR Application No 70204/01 (12 June 2007)In a judgment handed down on 12 June 2007, the European Court of Human Rights held that particular strip searches conducted on the applicant violated the prohibition on degrading treatment in art 3 of the European Convention on Human Rights (‘ECHR’).  Further, certain restrictions placed on the applicant’s correspondence violated the right to privacy protected by art 8 of the ECHR.

Bakan v Turkey [2007] ECHR Application No 50939/99 (12 June 2007) Ciorap v Moldova [2007] ECHR Application No 12066/02 (19 June 2007)Two recent decisions of the European Court of Human Rights regarding the scope and content of art 6 of the European Convention on Human Rights have confirmed that the right to a fair hearing subsumes a right of access to the courts.

Boehringer Ingelheim Limited & Ors v Vetplus Limited [2007] EWCA Civ 583 (20 June 2007) Canada (Attorney General) v JTI-Macdonald Corp 2007 SCC 30 (28 June 2007)The scope and application of the right to freedom of expression in a commercial context has recently been considered by the UK Court of Appeal and the Supreme Court of Canada.  While neither court recognised a ‘corporate right’ to freedom of expression, both cases held that the right may be engaged by expression about commercial matters and, moreover, that the public have a prima facie right to ‘hear’ the expression (as opposed to a corporation having a right to ‘express’ the information).

YL (by her litigation friend the Official Solicitor) v Birmingham City Council & Ors [2007] UKHL 27  (20 June 2007)The UK House of Lords has delivered a much anticipated judgment regarding the meaning of  ‘functions of a public nature’ and ‘public authority’ under the Human Rights Act 1998 (UK).

Yilmaz v Turkey [2007] ECHR 17721/02 (5 June 2007) The European Court of Human Rights has held that serious allegations of torture or other cruel, inhuman or degrading treatment or punishment must be the subject of expeditious, effective and independent investigation. It has further held that evidence of ill-treatment, particularly of persons in custody, will give rise to a rebuttable presumption that the ill-treatment occurred and shift the burden to the state to provide a ‘plausible explanation’ as to the injuries.

Sole v Secretary of State for Trade and Industry & Ors [2007] EWHC 1527 (Admin) (30 May 2007)This recent decision of the England and Wales High Court concerned an application for judicial review of a compulsory acquisition order (‘CPO’) made by the London Development Authority, and confirmed by the Secretary of State for Trade and Industry, for the purpose of development for the London Olympics and a further development, known as The Legacy.

Johnson v Secretary of State for the Home Department [2007] EWCA Civ 427 (9 May 2007)The UK Court of Appeal has held that a delay in determining eligibility for parole may amount to arbitrary and unlawful detention.

Brooker v The Police [2007] NZSC 30 (4 May 2007)The Supreme Court of New Zealand has recently considered the extent to which privacy limits freedom of expression in the context of the Bill of Rights Act 1990 (NZ). 

Baczkowski & Ors v Poland [2007] ECHR 1543/06 (3 May 2007)The European Court of Human Rights has found that Poland violated its obligations to protect the right to freedom of assembly as a result of a failure to facilitate and accommodate a protest regarding discrimination against minority groups.

R v White [2007] VSC 142 (7 May 2007)The incarceration in prison of a person with a severe psychiatric illness may amount to a violation of the Victorian Charter of Human Rights, according to Bongiorno J of the Supreme Court of Victoria.

Vilho Eskelinen & Ors v Finland [2007] ECHR [GC] 63235/00 (19 April 2007)In a judgment handed down on 19 April 2007, the Grand Chamber of European Court of Human Rights considered the scope of the right to a fair hearing in the context of civil proceedings, with particular reference to the acceptable length of proceedings and the necessity of an oral hearing.