The claimant appealed a decision to admit in evidence a tape recording, taken by an enquiry agent of the defendant who had entered her house unlawfully. Held: The situation asked judges to reconcile the irreconcilable. Courts should be reluctant to create rules which would deny the admission of genuine evidence. Where a party behaved in … Continue reading Jones v University of Warwick: CA 4 Feb 2003
In each case litigants in person had sought to be allowed to have the assistance and services of a Mackenzie friend in children cases. In one case, the court had not allowed confidential documents to be disclosed to the friend. Held: The courts had been unhelpful to the parties appearing before them. If given access … Continue reading O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005
The police authority took samples of DNA and fingerprints from the claimants whilst under arrest. After their cases had been dismissed or failed, they requested destruction of the samples and records, but this was refused. Held: There was no engagement of the applicants’ art 8 rights to privacy. Even if there was, the keeping of … Continue reading Regina (S) v Chief Constable of South Yorkshire; Regina (Marper) v Same: Admn 22 Mar 2002
In ‘judicial decisions where the rights under article 8 of parents and of a child are at stake, the child’s rights must be the paramount consideration.’ Judges: J-P Costa, P Citations: [2003] 1 FLR 210, 33711/96, (2003) 36 EHRR 20, [2002] ECHR 716 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 8.1 Jurisdiction: Human … Continue reading Yousef v The Netherlands: ECHR 5 Nov 2002
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedingsThe applicant had been under investigation by the police. Whilst under arrest, his garage was fitted with a secret recording device, and the evidence gathered was later used against … Continue reading Hewitson v The United Kingdom: ECHR 27 May 2003
The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights. Held: Review was refused. The probationary regime was intended to protect other tenants and the local authority from … Continue reading McLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another: CA 16 Oct 2001
Hudoc Judgment (Just satisfaction) Struck out of the list (friendly settlement) Citations: 8691/79, [1985] ECHR 5 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 8.1 Citing: See Also – Malone v The United Kingdom ECHR 2-Aug-1984 COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant … Continue reading Malone v The United Kingdom: ECHR 26 Apr 1985
The applicant’s tenancy came to an end on expiry of a notice to quit given by his wife, formerly a joint tenant with him, and possession was ordered. The Commission held that his complaint under article 8 was manifestly ill-founded because the alleged interference with the applicant’s rights under the article was justified under paragraph … Continue reading Ure v United Kingdom: ECHR 27 Nov 1996
The applicants had been evicted, following the service of a notice to quit, from a caravan site where they had lived for many years. The respondent admitted that the eviction constituted an interference with the applicants’ right to respect for their home, even though they had by that stage no rights in relation to it. … Continue reading P v United Kingdom: ECHR 12 Dec 1990
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult. Held: There were four hurdles for the applicants to cross. They must show that their children are children in need within the meaning of section 17(10). … Continue reading Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003
COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in ‘accordance with law’. The taps were based on a non-binding and unpublished directive from … Continue reading Malone v The United Kingdom: ECHR 2 Aug 1984
ECHR Article 8-1 Respect for family life Annulment of adoption order, 31 years after its issue and at the request of the adoptee’s sister: violation Facts – The applicant was adopted at the age of 17. Her adoptive mother had another adopted daughter. Following the death of the mother, in 2003 the two sisters were … Continue reading Zaiet v Romania: ECHR 24 Mar 2015
(Commission decision as to admissibility) The applicant’s house had been repossessed by a mortgagee when she defaulted on her payments due under the mortgage. Her complaint was found to be manifestly ill-founded, saying ‘In so far as the repossession constituted an interference with the applicant’s home, the Commission finds that this was in accordance with … Continue reading Wood v United Kingdom: ECHR 2 Jul 1997
Second Division, Inner House. The petitioner said that the statutory delay of 15 years after leaving prison before a review of the idenite notification provisions of the 2003 Act were incompatible with his right of respect for his private life in terms of Article 8.1 of the European Convention. Lord Carloway, Lord Justice Clerk [2015] … Continue reading Main Against Scottish Ministers: SCS 22 May 2015
The applicant had rented a house from the government, but was ordered to vacate the house following revocation of his tenancy. Because he had been a tenant of the government he was not, under domestic law, entitled to the security which he would . .
The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples and fingerprints taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals. Held: The appeals failed. The refusal to remove the records was not an infringement of a … Continue reading Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002
The appellant had been convicted of murder. The police had encouraged an informant to associate with him whilst in prison and to entice admissions from him. They had also recorded conversations whilst he was in the police station cells. Held: No system regulated such recordings, and accordingly the recordings were not according to law, and … Continue reading Allan v The United Kingdom: ECHR 5 Nov 2002
The applicant complained that the absence of legal aid to allow a challenge what had been said about her in Parliament by way of defamation, violated her right of access to court. Held: The right to absolute parliamentary privilege was within the margin of freedom enjoyed by a nation state. The applicant was not left … Continue reading A v The United Kingdom: ECHR 17 Dec 2002
The appellants claimed that the licence of over-flying from Heathrow at night, by making sleep difficult, infringed their rights to a family life. The times restricting over-flying had been restricted. The applicants’ complaints fell within a positive duty on the state to take reasonable and appropriate measures to secure the applicants’ rights under article 8.1. … Continue reading Hatton and Others v United Kingdom: ECHR 2 Oct 2001
Evidence was acknowledged to have been obtained unlawfully and in breach of another article of the Convention. The police had installed covert listening devices on private property without the knowledge or consent of the owner. UK national law did not regulate sufficiently the use of covert listening devices to protect the individual’s rights under the … Continue reading Khan v The United Kingdom: ECHR 12 May 2000
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
Unless warranted under Article 8.2, the revocation by the Court of Protection an LPA, which a donor executed when they had capacity and in which they chose a family member to be their attorney, would be a violation of their Article 8.1 right to respect for their private and family life Citations: [2013] COPLR 69 … Continue reading Re Harcourt: CoP 2013
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to impose such a duty. The appellants sought to distinguish X v Bedfordshire in different ways. Held: … Continue reading JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal: CA 31 Jul 2003
re_mjtCoP0414 The court had made an order transferring responsibility for MRJ’s affairs from the appointed attorney to the local authority. The order had been made on the papers, and the court now heard an application for it to be reconsidered. Held: The orders made were confirmed. The court recognised that the interference in a person’s … Continue reading Re MRJ JT and KT (Reconsideration of Order): CoP 10 Apr 2014
The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and that the state had a duty to protect him from private acts which breached … Continue reading X v Y (Employment: Sex Offender): CA 28 May 2004
