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
When Actavis took a new medical treatment to market, Eli Lilly thought it looked familiar. They had their own product that had been patented and the one from Actavis was only a slight variation. In this episode we explore the issues that arose surrounding intellectual
The distinction between establishment and services is based on the idea that establishment is more permanent whereas services are more temporary in nature. Establishment mainly falls under Art. 49 with 49(1) allowing for primary and secondary establishment and (2) prohibiting unequal or discriminatory treatment. The
One of the fundamental aspects of our Western democracy is that the courts and judicial system should be open. This is seen most clearly in one of my favourite judicial quotes from the case of R v Sussex Justices, ex p McCarthy [1924] 1 KB
Walker has been in a same-sex relationships since 1993 but because he retired before civil partnerships became legal in late 2005 his partner was not entitled to the spousal pension. In this case Walker challenges the discrimination by reference to the EU’s Framework Directive. We
The financial dealings of Rangers Football Club have been subject to a great deal of scrutiny in the recent past and in this case the Supreme Court focused on one particular aspect of the way that the club was run. When a footballer signed for
Zain Dean is a Scottish citizen who had been living in Taiwan for 19 years when he was convicted for manslaughter in 2010. While he was on bail he absconded back to Scotland on a friend’s passport. When he was eventually caught the Taiwanese authorities
Manslaughter is unusual because it is more about an unlawful homicide that is not enough to amount to murder. There are two main types of manslaughter; voluntary and involuntary. The difference is based on the intention of the defendant so if there is an intention
The Conservative immigration policy of ‘deport now, appeal later’ was part of their manifesto and found its way into law as part of a drive to protect the public from foreign criminals. In two cases where human rights issues were at stake this law was
Abortion is a controversial subject in Northern Ireland and is only available in a narrow range of circumstances. This means that a lot of women have to travel to England where they can pay for an abortion. In this judicial review case A had travelled