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United Kingdom: Ruling Highlights

(Mar. 27, 2012) A woman who had been subject to a sustained period of domestic abuse by her husband was jailed for eight months after she “falsely” retracted claims that she had been raped by him. She was jailed for perverting the course of justice after she retracted accusations that her husband had repeatedly raped […]

United Kingdom: Serious Organised Crime Agency Entitled to Civil Recovery of Money Laundering Proceeds

(Jan. 11, 2012) The High Court of England and Wales recently ruled that the civil recovery process used by the Serious Organised Crime Agency to take possession of property obtained from the proceeds or profits of money laundering or drug dealing is lawful, even if there has been no criminal conviction in the case. The […]

United Kingdom: Ministry of Defence Investigations in Iraq Not Independent Enough to Meet Human Rights Requirements

(Jan. 11, 2012) The Court of Appeal in England and Wales recently issued a judgment that the current mode of investigating allegations of abuse in Iraq by British forces in 2003-2004 is not sufficiently independent. The Iraq Historic Allegations Team established by the Secretary of State is the investigative body in question. (R (on the […]

European Court of Human Rights; United Kingdom: Use of Conditional Fee Agreements Seen as Violation of European Convention on Human Rights

(Jan. 24, 2011) On January 18, 2010, the European Court of Human Rights (ECtHR), in MGN Limited v UK (application 39401/04) delivered a landmark decision criticizing Conditional Fee Agreements (CFAs) as currently regulated under the law of the United Kingdom. The Court found that the recovery of “success fees” from the loser over and above […]

United Kingdom: Ban on Tehrik-e-Taliban Under Terror Law Considered

(Jan. 20, 2011) The British Interior Minister, Theresa May, introduced an order in Parliament to ban the group Tehrik-e-Taliban. The order has to be approved by the legislature before it can become effective. The group is influenced by al-Qaeda and is considered to be “the main militant alliance based in northwestern Pakistan, focusing on attacking […]

United Kingdom: Reform of Facilitated Returns Scheme Increases Cash-Incentive for Foreign National Prisoners to Return Home

(Nov. 23, 2010) In an attempt by the coalition government to address overcrowded prisons, foreign national prisoners serving time in the United Kingdom can agree to receive a £1,500 (about US$2,400) cash gift if they return to their countries of nationality prior to completion of their prison terms. The Facilitated Returns Scheme (FRS), launched in […]

United Kingdom: Parliamentary Voting System and Constituencies Bill

(Nov. 9, 2010) The United Kingdom's coalition government is following up on its election campaign pledge and has introduced a Parliamentary Voting System and Constituencies Bill. If enacted, this bill will reform the voting system and reduce the number of constituencies across the UK from 650 to 600. Prior to any reform of the voting […]

United Kingdom: Controversial Terrorism Pre-Charge Detention Powers Rarely Utilized

(Nov. 1, 2010) The Government of the United Kingdom has published its quarterly statistical bulletin on the operation of a number of powers given to police under the UK's expansive anti-terrorism legislative regime. One of the more controversial pieces of this regime is the government's ability to detain individuals for up to 28 days without […]

United Kingdom: Commission Warns Government over Legality of Its Torture Policy

(Oct. 6, 2010) In July 2010 the United Kingdom’s coalition government released guidance that addresses the detention and interviewing of overseas detainees and gives instructions on how intelligence relating to detainees may be received. One purported aim of the release of this guidance was to signal a break from the previous government, whose actions overseas […]

United Kingdom: Civil Servants Prohibited from Cooperating with U.S. Senate Foreign Relations Committee Investigation

(Sept. 16, 2010) The U.S. Senate Foreign Relations Committee is conducting an investigation into the circumstances surrounding the release of Abdel Basset al-Megrahi, the man convicted of the Lockerbie bombing, in light of information regarding the British petroleum company BP and Libya. As part of their investigation,the Committee requested access to officials involved in negotiations […]