CS: Legal-ECHR ruling

2000-11-23 Thread E.J. Totty
From: "E.J. Totty", [EMAIL PROTECTED] --snip-- The claim for loss of profits pursued in the European Court of Human Rights (ECHR) by MPC on behalf of the firerarms retailers and dealers had been declared inadmissible on the grounds that there was not a reasonable expectation that the

CS: Legal-ECHR ruling

2000-11-22 Thread Alex Hamilton
From: "Alex Hamilton", [EMAIL PROTECTED] At the AGM of Historical Breechloading Smallarms Association (HBSA) at the Imperial War Museum, Lambeth, London, on 20th November, it was reported that:- The claim for loss of profits pursued in the European Court of Human Rights (ECHR) by MPC on

CS: Legal-ECHR

2000-09-08 Thread E.J. Totty
From: "E.J. Totty", [EMAIL PROTECTED] The problem with the argument on retrospective legislation is that even if we successfully argued it in court, the outcome would be meaningless. The guns have been destroyed, so the court would order proper compensation be paid. But we already have

CS: Legal-ECHR

2000-09-08 Thread E.J. Totty
From: "E.J. Totty", [EMAIL PROTECTED] Yeah, they do the same thing in the US too, except that we have a 14th Amendment that essentially shuts that down: equal protection under the law. Which is to say that grandfathering is a divide and conquer scheme, as it set the current haves

CS: Legal-ECHR

2000-09-07 Thread KPurchase
From: [EMAIL PROTECTED] The problem with the argument on retrospective legislation is that even if we successfully argued it in court, the outcome would be meaningless. The guns have been destroyed, so the court would order proper compensation be paid. But we already have compensation

CS: Legal-ECHR

2000-09-06 Thread E.J. Totty
From: "E.J. Totty", [EMAIL PROTECTED] "No retrospective legislation" does that mean that those in possesion of handguns at the time of the ban could keep them and that the ban only applied to future aquisitions? I believe this is the way it works in the States, if youve got one when they ban

CS: Legal-ECHR

2000-09-06 Thread E.J. Totty
From: "E.J. Totty", [EMAIL PROTECTED] I know in Canada they always allow people to keep things when they ban them, but they didn't in Australia, the argument being the same as here - compensation was paid. Steve. Steve, Yeah, they do the same thing in the US too, except

CS: Legal-ECHR

2000-09-04 Thread John Hurst
From: "John Hurst", [EMAIL PROTECTED] I presume that you are all aware of 'civil forfeiture'? E.J., It is back, firstly in drug cases and now it is available to the Courts for other offences too. As you no doubt know it breaches Chapter 29 of Magna Carta and Article 12 of the Bill of

CS: Legal-ECHR

2000-09-04 Thread John Hurst
From: "John Hurst", [EMAIL PROTECTED] But you are not being deprived of anything (depending on your interpretation) if you apply for an FAC and get turned down. Steve, A person who applies for an FAC for self defence in Northern Ireland and is refused without sufficent reason is

CS: Legal-ECHR

2000-09-04 Thread Jeremy
From: Jeremy Peter Howells, [EMAIL PROTECTED] We certainly have a few cameras at some busy junctions in Cardiff that are obviously aimed at people jumping the lights on amber and red. Not many though. Regards Jerry Cybershooters website: http://www.cybershooters.org List admin: [EMAIL

CS: Legal-ECHR/Speed Cameras

2000-09-04 Thread John Hurst
From: "John Hurst", [EMAIL PROTECTED] Steve - this subject is not as off-topic as some might think, since the process of covering our road network with cameras has parallels with firearms legislation. As with the latter, people-control by speed camera has a curious history, unstated agendas,

CS: Legal-ECHR

2000-09-04 Thread John Hurst
From: "John Hurst", [EMAIL PROTECTED] "No retrospective legislation" does that mean that those in possesion of handguns at the time of the ban could keep them and that the ban only applied to future aquisitions? Dave, This common law rule is known as "grandfather rights" and does

CS: Legal-ECHR/Speed Cameras

2000-09-04 Thread John . W . Smith
From: [EMAIL PROTECTED] -8---8--- "Anthony, I understand, from a discussion on a motoring newsgroup some time ago, that the system known as Traffic Master which is allegedly used to detect congestion on main roads has cameras which recognise number

CS: Legal-ECHR

2000-09-04 Thread Dave
From: Dave Reay, [EMAIL PROTECTED] "Perhaps I may remind noble Lords of what our essential civil rights, as guaranteed by the common law, are: the presumption of innocence; the right to a fair hearing; no man to be obliged to testify against himself; the rule against double jeopardy; no

CS: Legal-ECHR

2000-09-02 Thread E.J. Totty
From: "E.J. Totty", [EMAIL PROTECTED] The speed camera decision is being appealed apparently. Rememeber this case is not necessarily about speed cameras it is about the wording of the 'Notice of Intended Prosecution'. This means that the police may have to persue the vehicle and detain the

CS: Legal-ECHR/Speed Cameras

2000-09-02 Thread AnthonyHar
From: [EMAIL PROTECTED] Steve - this subject is not as off-topic as some might think, since the process of covering our road network with cameras has parallels with firearms legislation. As with the latter, people-control by speed camera has a curious history, unstated agendas, and is

CS: Legal-ECHR

2000-09-02 Thread niel fagan
From: "niel fagan", [EMAIL PROTECTED] As I said in an earlier message, which was not published:- Photos taken by the type of speed camera used in this country could not be used in evidence in Germany, for instance: the photo would have to show the driver. However, cameras capable of doing

CS: Legal-ECHR

2000-09-01 Thread Jeremy
From: Jeremy Peter Howells, [EMAIL PROTECTED] The speed camera decision is being appealed apparently. Rememeber this case is not necessarily about speed cameras it is about the wording of the 'Notice of Intended Prosecution'. This means that the police may have to persue the vehicle and

CS: Legal-ECHR

2000-09-01 Thread jonathan
From: [EMAIL PROTECTED] OK we may not like speed cameras but the effect of this would be to make most Road Traffic Law unenforcable - you might identify the vehicle but the owner would be under no obligation to say who was driving when for instance the the vehicle was used in a bank raid

CS: Legal-ECHR

2000-08-31 Thread Jeremy
From: Jeremy Peter Howells, [EMAIL PROTECTED] Regarding the 'misuse' of the ECHR some of the ones that have come to light or might be tried in the near future (according to the press and some comments from the legal profession) :- Car owners refusing to declare who was driving when an

CS: Legal-ECHR

2000-07-18 Thread E.J. Totty
From: "E.J. Totty", [EMAIL PROTECTED] [...] I just wish I could have seen the look on Charles Clarke's face when the Crown Court in Birmingham handed down the judgement that speed camera offences violate the right to remain silent. [...] Was that court