Housing solicitors at Swain & Co have been busily considering a decision of the Court of Appeal handed down on 24th January 2013. The court held that one joint tenant giving notice to quit will end the tenancy for all the tenants. The case of Sims v Dacorum Borough Council [2013] EWCA Civ 12 concerned… Read More
Tony Nicklinson, the locked-in syndrome sufferer who lost his right to die with the help of a doctor last week, has died 6 days after the judgment was given. Mr Nicklinson had been refusing food since the judgement and contracted pneumonia, refusing treatment, and died yesterday morning with his family around him. His wife, Jane… Read More
Perry Atherton, who was convicted and jailed following rioting in Nottingham, is planning to challenge the conviction in the European Court of Human Rights. If the case goes ahead, it could set a precedent for other cases that followed the riots of last summer. Perry Atherton was sentenced to 3 years in prison in May… Read More
The government has scaled back plans to hold more secret trials amid fierce criticism from civil liberties groups. Certain cases will still be heard in in secret where a judge decides there is a genuine danger to the public or to informants from the evidence being heard in public. Swain & Co. welcomes the move… Read More
The European Court of Human Rights has upheld its ruling in a previous case that the UK’s blanket ban on prisoners being able to vote is unlawful. Swain & Co.’s prison law and human rights solicitors are pleased that the UK will now have to match the rest of Europe and grant some prisoners the… Read More
Mrs Maitland claims that her husband, who was suffering from dementia, was given 106 carers in one year. The constant stream of different faces were sent by agencies working for Aberdeen’s social work department. Mrs Maitland believes that this was against her husband’s basic human right to dignity. Mrs Maitland said that initially she had… Read More
The grand chamber is to deliver its anticipated decision on prisoner votes on Tuesday 22nd May in the case of Scoppola v. Italy (no 3). This decision is following what appears to be conflicting rulings in relation to which prisoners should be given the vote. In the case of Hirst No.2 the European Court stated… Read More
Swain & Co. community care lawyers are delighted to hear that the European Court of Human Rights will be considering a high profile case that could fundamentally affect English law on provision of care services. Elaine McDonald is a former ballerina, who was left disabled as a result of a stroke some years ago. For… Read More
With the conference underway for reforms to the European Court of Human Rights (ECHR) to be agreed, and the high profile case of Abu Qatada, frustrations are running high which threaten to cloud the role and limit the effectiveness of the Court. Speaking on the eve of the conference, the president of the ECHR (Sir… Read More
Abdel Hakim Belhadj, a Libyan military commander, is taken legal action against former foreign secretary, Jack Straw. Legal papers have been served on the Labour MP following reports that he had personally permitted the illegal rendition of Belhadj, signing the documents that allowed him to be sent back to his homeland in 2004. Belhadj claims… Read More
