1 / 6

Human Rights and EU issues in Scottish public law cases

Human Rights and EU issues in Scottish public law cases. David Johnston QC. ECHR. Axa General Insurance Ltd [2010] CSOH 2 Article 6: is there interference with insurers’ rights in existing civil proceedings?

vail
Download Presentation

Human Rights and EU issues in Scottish public law cases

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Human Rights and EU issues in Scottish public law cases David Johnston QC

  2. ECHR • Axa General Insurance Ltd [2010] CSOH 2 • Article 6: is there interference with insurers’ rights in existing civil proceedings? • Article 1 of Protocol 1: is a (pre-2009) defence to a claim a ‘possession’? Does the Act interfere with a possession, namely insurers’ assets?

  3. ECHR • A v Scottish Ministers 2008 SLT 412 • R (F) v Secretary of State for the Home Department [2010] UKSC 17 • Notification under Sexual Offences Act 2003: is the lack of a requirement for review proportionate?

  4. ECHR • Anderson v United Kingdom (Application no 19859/04), judgment 9 February 2010 • Article 6: what is a reasonable length of time in relation to civil appellate proceedings?

  5. EU law • Forbes v Aberdeenshire Council and Trump International Golf Links [2010] CSOH 1 • Directives 85/337/EEC and 2003/35/EC • Aarhus Convention • Against this background: a wider approach to title and interest?

  6. EU law • Directive 95/46/EC • Data Protection Act 1998 • Common Services Agency v Scottish Information Commissioner 1998 SC (HL) 184 • Craigdale Housing Association & others v Scottish Information Commissioner [2010] CSIH 43

More Related