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.

Van Colle & Anor v Hertfordshire Police [2007] EWCA Civ 325 (24 April 2007)The UK Court of Appeal has held that the right to life imposes a positive obligation on responsible authorities to take reasonable steps to safeguard the lives of those in their jurisdiction as against known and immediate risks.

R (on the application of H) v Mental Health Review Tribunal [2007] All ER (D) 29 (Apr)The claimant was the subject of hospital and restriction orders under the Mental Health Act 1983 (UK). The Mental Health Review Tribunal reviewed the claimant's position and subsequently ordered the claimant's discharge under s 73 of the Act on the condition that, amongst other things, the claimant 'shall comply' with medication prescribed by a specified doctor.  The claimant applied for revocation of this and other conditions and sought an order for absolute discharge on the basis that it interfered with his right under art 8 of the European Convention on Human Rights which provides that '[e]veryone has the right to respect for his private and family life, his home and his correspondence'.

Main(R) v Minister for Legal Aid [2007] EWHC 742 (2 April 2007)The UK High Court of Justice has quashed a decision by the Minister for Legal Aid to refuse the family of two people killed in a train crash funding to be legally represented at the coroner's inquest.  Central to the decision was the finding that funding was necessary to carry out an effective investigation into the accident pursuant to art 2 of the European Convention on Human Rights.

Copland v United Kingdom [2007] ECHR 62617/00 (3 April 2007)The European Court of Human Rights has held that a public college which monitored an employee’s telephone, email and internet usage without her knowledge engaged in conduct amounting to an interference with her right to respect for private life and correspondence within the meaning of art 8 of the European Convention.