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Category Archives: Article 8

Khuja v Times Newspapers Ltd [2017] UKSC 49

One of the most delicate balancing acts that occurs within the realm of human rights law is between Article 8 (the right to private and family life) and Article 10 (freedom of expression) of the European Convention on Human Rights. In the UK this has

McCann v The State Hospitals Board for Scotland [2017] UKSC 31

The Scottish smoking ban in hospital grounds has been a source of contention since being passed by the Scottish Parliament and in this case we see a challenge from a detained mental health patient. The ban in this instance also involved searching for and confiscating

SXH v The Crown Prosecution Service [2017] UKSC 30

When SXH came to the UK as an asylum seeker she arrived on a false passport. The Crown Prosecution Service decided that it was in the public interest to pursue a prosecution under the Identity Cards Act 2006. Further research into SXH’s case changed their

AB v HM Advocate [2017] UKSC 25

When AB was prosecuted for having sexual intercourse with an underage girl he wanted to rely on the defence that he reasonably believed the girl to be 16. When he was denied this opportunity because of previous criminal charges, AB claimed that this was in

R (MM (Lebanon)) v SoS for the Home Department [2017] UKSC 10

A 2012 amendment to the Immigration Rules established a minimum income requirement of £18,600 per year for applicants outside of the European Economic Area to join their spouse or civil partner in the UK. In these appeals this amendment was challenged on the basis of