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Agius v Court of Magistrates, Malta

Author / Contributor: John Jones QC
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Agius v Court of Magistrates, Malta
   
Issue: Whether there was clear and cogent evidence to rebut the presumption that a Category 1 country would honour its human rights obligations under the European Convention on Human Rights. All authorities which required a human rights inquiry under s21 only in wholly exceptional circumstances were not to be followed. The correct approach was that given in Targosinski v Poland.
   
Court: Administrative Court
   
Reference:   CO/9812/2010
   
Neutral Citation:   [2011] EWHC 759 (Admin)
   
Judge(s): Sullivan LJ, Maddison J
   
Date: 15 March 2011