Search Results for: Human Rights Act 1998 7

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X v Secretary of State for the Home Department: CA 7 Dec 2000

The court considered the effect of an immigrant’s mental illness on the Home Secretary’s powers to refuse to grant him exceptional leave to enter or remain. Citations: [2000] EWCA Civ 3026 Links: Bailii Statutes: Immigration Act 1971, Mental Health Act 1983, Human Rights Act 1998 Jurisdiction: England and Wales Immigration, Health, Human Rights Updated: 09 … Continue reading X v Secretary of State for the Home Department: CA 7 Dec 2000

Weaver v London Quadrant Housing Trust: CA 17 Feb 2009

The respondent sought leave to appeal against a finding that as a registered social landlord it was exercising a public function and was a hybrid public authority. Held: Leave was granted. A protective costs order was made for the respondent to ensure proper representation of both sides before the court. Citations: [2009] EWCA Civ 235, … Continue reading Weaver v London Quadrant Housing Trust: CA 17 Feb 2009

Attorney General for Alberta v Attorney General for Canada: PC 1947

The Board considered the severability of statutory provisions viewed for constitutionality: ‘The real question is whether what remains is so inextricably bound up with the part declared invalid that what remains cannot independently survive or, as it has sometimes been put, whether on a fair review of the whole matter it can be assumed that … Continue reading Attorney General for Alberta v Attorney General for Canada: PC 1947

Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007

The claimant sought damages, saying that he had been unlawfully detained when found unfit to plead in 1997. Held: The claim failed. (a) The 1964 Act, and its Scottish equivalent, did not authorise anything that was arbitrary. (b) It followed that Parliament did not, by the 1986 Order, pass subordinate legislation which authorised arbitrary detention … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007

Brooke and others v The Parole Board: Admn 7 Sep 2007

The applicants were prisoners who sought judicial review of the use made by the Parole Board of its powers to review their sentences, saying that the Parole Board was not sufficiently independent of the government to guarantee their human rights. Held: The applications succeeded, and the court gave a declaration that the applicants’ rights under … Continue reading Brooke and others v The Parole Board: Admn 7 Sep 2007

Suryananda, Regina (on the Application of) v The Welsh Ministers: Admn 16 Jul 2007

The claimants, trustees of a Hindu temple, sought judicial review of a decision that a bullock in their temple should be slaughtered having positively reacted to a test for bovine tuberculosis bacterium. They said that the animal posed no threat since it was isolated from other anmals and was sacrosanct to them. Held: The article … Continue reading Suryananda, Regina (on the Application of) v The Welsh Ministers: Admn 16 Jul 2007

Leander v Sweden: ECHR 26 Mar 1987

Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987

Regina v Advertising Standards Authority Limited ex parte Direct Line Financial Services Limited: Admn 8 Aug 1997

An ex parte application was made to quash a decision by the Advertising Standards Authority upholding a complaint that the applicants in that case were in breach of the British Codes of Advertising and Sales Promotion, and an injunction to prevent the respondents from publishing their adjudication. Popplewell J considered the question whether or not … Continue reading Regina v Advertising Standards Authority Limited ex parte Direct Line Financial Services Limited: Admn 8 Aug 1997

O’Connor v Bar Standards Board: SC 6 Dec 2017

The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017

Mujahid, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) and The Secretary of State for The Home Department (Refusal of Human Rights Claim): UTIAC 25 Feb 2020

(1) A person (C) in the United Kingdom who makes a human rights claim is asserting that C (or someone connected with C) has, for whatever reason, a right recognised by the ECHR, which is of such a kind that removing C from, or requiring C to leave, would be a violation of that right. … Continue reading Mujahid, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) and The Secretary of State for The Home Department (Refusal of Human Rights Claim): UTIAC 25 Feb 2020

Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another: CA 24 Oct 2007

Where it was proposed to provisionally list care workers as been prevented from undertaking work with vulnerable adults or children, that worker should be given opportunity to make representations first. Provisional listing did engage article 6, but that a breach could be avoided by giving the care worker a right to make representations before being … Continue reading Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another: CA 24 Oct 2007

Government of United States of America v Montgomery and Montgomery: CA 8 Jul 1998

Appeal from restraint orders. Citations: [1998] EWCA Civ 1175, [1999] 1 All ER 84 Links: Bailii Statutes: Criminal Justice Act 1988 97 Jurisdiction: England and Wales Citing: See also – Government of the United States of America v Barnette and another Admn 2002 The applicant sought to register, under the Act, an order against the … Continue reading Government of United States of America v Montgomery and Montgomery: CA 8 Jul 1998

Johnson and others v London Borough of Havering and others: CA 30 Jan 2007

The claimants were residents of old people’s homes run by the council and maintained under s21 of the 1948 Act. They objected to the transfer of the homes into the private sector saying that it would infringe their rights to family life, and that the protection afforded to them would be reduced. Held: The claimants … Continue reading Johnson and others v London Borough of Havering and others: CA 30 Jan 2007

Reynolds TD v Times Newspapers Ltd; Ruddock and Witherow: CA 8 Jul 1998

The claimant, the former Taoiseach of Ireland sought damages after the defendant newspaper published an article falsely accusing him of duplicity. The paper said that his position meant that they should have the defence of quaified privilege available. Held: Qualified privilege defence applied in defamation proceedings reporting acts of public officials where there appeared a … Continue reading Reynolds TD v Times Newspapers Ltd; Ruddock and Witherow: CA 8 Jul 1998

Shah and Another v Standard Chartered Bank: CA 2 Apr 1998

The plaintiffs appealed against refusal of orders striking out the defences of justification to their libel action. Held: The words complained of bore an accusation of money laundering. A plea of justification based upon a reasonable belief in the claimant’s criminality, could not be established by simply stating that publication had been a repetition of … Continue reading Shah and Another v Standard Chartered Bank: CA 2 Apr 1998

AKJ and Others v Commissioner of Police for The Metroplis and Others: QBD 17 Jan 2013

The claimants sought damages for the actions of undercover police officers engaging in sexual activity as part of the investigation. The court now considered the role of the Investigatory Powers Tribunal in dealing with such claims. Held: Such activity fell within ‘personal or other relationship with a person’ for the purposes of section 26(8) of … Continue reading AKJ and Others v Commissioner of Police for The Metroplis and Others: QBD 17 Jan 2013

Regina v Secretary of State for Trade and Industry Ex Parte McCormick: CA 10 Feb 1998

Statements made under compulsion could be used in disqualification proceedings at discretion of the Secretary of State. Citations: Gazette 01-Apr-1998, Times 10-Feb-1998, Gazette 11-Mar-1998 Statutes: Company Directors Disqualification Act 1985 Jurisdiction: England and Wales Cited by: Cited – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at … Continue reading Regina v Secretary of State for Trade and Industry Ex Parte McCormick: CA 10 Feb 1998

Negassi and Another, Regina (on The Application of) v Secretary of State for The Home Department: CA 7 Mar 2013

Maurice Kay VP began: ‘It is well-known that asylum applications, even when made promptly on arrival in this country, can take months or even years before final determination through the decision-making and appellate process. This causes familiar problems. Applicants require support and accommodation for substantial periods of time. When the time is particularly prolonged, features … Continue reading Negassi and Another, Regina (on The Application of) v Secretary of State for The Home Department: CA 7 Mar 2013

Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

Quinn v Ministry of Defence: CA 28 Nov 1997

Citations: [1997] EWCA Civ 2865, [1998] PIQR P387 Jurisdiction: England and Wales Cited by: Cited – Matthews v Ministry of Defence HL 13-Feb-2003 The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act. Held: Human … Continue reading Quinn v Ministry of Defence: CA 28 Nov 1997

Cheshire County Council and others v DS (Father) and others: CA 15 Mar 2007

The court granted an appeal in care proceedings, but examined the relationship between the court and local authorities. There had been a late change in the proposed care plan and an application by grandparents to be made party. Some in the authority, and the guardian, wanted a stranger adoption, but the authority and the family … Continue reading Cheshire County Council and others v DS (Father) and others: CA 15 Mar 2007

Camelot Group plc v Centaur Communications Limited: CA 23 Oct 1997

An order for a journalist to disclose the name of an employee disclosing his employer’s information, may be made where there was a need to identify a disloyal employee. Here drafts of accounts had been released to embarrass the company. The documents involved were stolen, and a return of them would enable identification of the … Continue reading Camelot Group plc v Centaur Communications Limited: CA 23 Oct 1997

Regina v Leominster District Council ex parte Pothecary: CA 28 Oct 1997

A building was erected without planning permission. The local planning authority chose not to serve an enforcement notice but rather had invited an application for retrospective planning permission. Held: The fact that a building has already been constructed before planning permission is sought might lawfully be regarded as a consideration in favour of a permission … Continue reading Regina v Leominster District Council ex parte Pothecary: CA 28 Oct 1997

HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007

The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was said to have accused another of asking her to lie for him. It was said that … Continue reading HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007

Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997

CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault. Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various … Continue reading Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997

Regina (Hargrave and Another) v Stroud District Council: Admn 7 Dec 2001

When someone objected to a public footpath order, the council has a discretion as to whether the case should be referred to the Secretary of State. In the absence of an obligation, the judicial review of the council’s decision not to make such a reference failed. The existence of the discretion was not inconsistent with … Continue reading Regina (Hargrave and Another) v Stroud District Council: Admn 7 Dec 2001

Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Regina v Thomas, Regina v Flannagan: CACD 24 Jul 1998

Section allowing admission of documentary evidence was not a breach of requirements of European Convention on Human Rights. Reading of statements allowed where witness in fear. Judge given sufficient balancing discretion to follow convention Citations: Times 24-Jul-1998 Statutes: Criminal Justice Act 1988 23 24 825 26 Jurisdiction: England and Wales Human Rights Updated: 25 October … Continue reading Regina v Thomas, Regina v Flannagan: CACD 24 Jul 1998

Eastaway v Secretary of State for Trade and Industry: CA 10 May 2007

The applicant had been subject to company director disqualification proceedings. Eventually he gave an undertaking not to act as a company director, but then succeeded at the ECHR in a complaint of delay. He now sought release from his undertaking in the light of the ECHR judgment. Held: The appeal was dismissed. The decision of … Continue reading Eastaway v Secretary of State for Trade and Industry: CA 10 May 2007

Rees v The United Kingdom: ECHR 17 Oct 1986

The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986

Worm v Austria: ECHR 29 Aug 1997

ECHR Preliminary objection rejected (six month period); No violation of Art. 10 – ‘The phrase ‘authority of the judiciary’ includes, in particular, the notion that the courts are, and are accepted by the public at large as being, the proper forum for the settlement of legal disputes and for the determination of a person’s guilt … Continue reading Worm v Austria: ECHR 29 Aug 1997

Gautrin And Others v France: ECHR 20 May 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1 (public hearing); Violation of Art. 6-1 (impartial tribunal); Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings Citations: (1998) 28 EHRR 196, … Continue reading Gautrin And Others v France: ECHR 20 May 1998

Trusteees of Manchester New Moston Congregation of Jehovah’s Witnesses v The Charity Commission for England and Wales: UTTC 4 Apr 2017

Charity Commission – Appeal from FTT decision – review of decision to open statutory inquiry – section 46 Charities Act 2011 – Article 14 of Schedule 1 to the Human Rights Act 1998. Appeal from case management decisions in relation to cross examination and disclosure for the purposes of the review. 4 April 2017 Citations: … Continue reading Trusteees of Manchester New Moston Congregation of Jehovah’s Witnesses v The Charity Commission for England and Wales: UTTC 4 Apr 2017

C, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 1 Nov 2017

This case is about how the Department for Work and Pensions (the DWP), in administering our complex welfare benefits system, treats people with a reassigned gender, and specifically whether certain policies conflict (1) with the Gender Recognition Act 2004; (2) with the Human Rights Act 1998; or (3) with the Equality Act 2010. The claimant … Continue reading C, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 1 Nov 2017

AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011

UTIAC 1) Whilst section 2 of the Human Rights Act 1998 and its associated case law requires United Kingdom tribunals in general to give effect to the jurisprudence of the European Court of Human Rights, including that Court’s guidance on how to approach evidence in international protection cases, the weighing of evidence and the drawing … Continue reading AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011

Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party … Continue reading Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

Alseran and Others v Ministry of Defence: QBD 14 Dec 2017

Judges: Leggatt J Citations: [2017] EWHC 3289 (QB), [2018] 3 WLR 95, [2017] WLR(D) 837 Links: Bailii, WLRD Statutes: Foreign Limitation Periods Act 1984, Cross-Border Mediation (EU Directive) Regulations 2011, Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015, Private International Law (Miscellaneous Provisions) Act 1995, European Convention on Human Rights, Human Right Act 1998 … Continue reading Alseran and Others v Ministry of Defence: QBD 14 Dec 2017

Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017

The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and breach of the 1998 Regulations, saying that the statutory exemption of the Embassies from liability … Continue reading Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017

Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977

The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit. Held: The key questions are those of ‘governmental control’ and ‘governmental functions’ and that these are to be determined … Continue reading Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977

Golder v The United Kingdom: ECHR 21 Feb 1975

G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975

Mucelli, Regina (on The Application of) v The Government of Albania: Admn 27 Jan 2012

Cranston J said that in his view the law and practice in Albania was such that there was no real risk that the applicant would suffer a flagrant denial of justice on his return to Albania, as he was entitled to a retrial on the merits of the case against him. Judges: Toulson LJ, Cranston … Continue reading Mucelli, Regina (on The Application of) v The Government of Albania: Admn 27 Jan 2012

A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord Advocate now appealed. Held: The question was a devolution issue, being ‘a question … Continue reading Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

Campbell v Mirror Group Newspapers Ltd: QBD 27 Mar 2002

The applicant sought damages for the defendant having infringed her privacy in several ways, including under the 1998 Act. The defendant argued that she had invited publicity and had misled the public as to her drug problem. A photograch had been taken as she left a drug rehabilitation group meeting. Held: The fact that she … Continue reading Campbell v Mirror Group Newspapers Ltd: QBD 27 Mar 2002

Denis Vasilyev v Russia: ECHR 17 Dec 2009

The applicant and his friend were seriously assaulted and robbed. Although police officers attended the scene, no investigation into the circumstances of the assault were conducted. The police officers claimed to have considered that the applicant and his friend were intoxicated, so they moved them from the position where they had been found and left … Continue reading Denis Vasilyev v Russia: ECHR 17 Dec 2009

Rahmatullah (No 2) v Ministry of Defence and Another: SC 17 Jan 2017

‘another round in the series of important points of law which arise as preliminary issues in actions brought by people who claim to have been wrongfully detained or mistreated by British or American troops in the course of the conflicts in Iraq and Afghanistan.’ Judges: Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord … Continue reading Rahmatullah (No 2) v Ministry of Defence and Another: SC 17 Jan 2017

Hornsby v Greece: ECHR 19 Mar 1997

Hudoc Violation of Art. 6-1; Preliminary objection rejected; Just satisfaction reserved – Judgment (Just satisfaction) Pecuniary damage – financial award; Non-pecuniary damage – financial awardThe rights recognised under the Convention must be given effect to by signatory states. Citations: 18357/91, (1997) 24 EHRR 250, [1997] ECHR 15, [1998] ECHR 26, [1998] ECHR 26, [1997] ECHR … Continue reading Hornsby v Greece: ECHR 19 Mar 1997

McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017

A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking indoors, but rather as to the ban on smoking in the grounds and on home … Continue reading McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017

Aka v Turkey: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of P1-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses – claim rejected Citations: 19639/92, [1998] ECHR 86 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 28 July 2022; Ref: scu.165678

London and Quadrant Housing Trust v Weaver, Regina; Equality and Human Rights Commission intervening: CA 18 Jun 2009

The Trust appealed against a finding that in terminating an assured tenancy transferred to it from a local authority, it had acted as a hybrid public authority and was subject to controls under the 1998 Act. Held: (Rix LJ dissenting). The appeal failed. When dealing with social tenants, the trust exercised a public law function. … Continue reading London and Quadrant Housing Trust v Weaver, Regina; Equality and Human Rights Commission intervening: CA 18 Jun 2009

AB v Her Majesty’s Advocate: SC 5 Apr 2017

This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B was over the age of 16, if the police had previously charged … Continue reading AB v Her Majesty’s Advocate: SC 5 Apr 2017

B, Regina (on the Application of) v Ashworth Hospital Authority: HL 17 Mar 2005

The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his will for any mental disorder from which he is suffering or only for the particular form of mental disorder from which he is classified as suffering for the purpose of the order or application authorising his … Continue reading B, Regina (on the Application of) v Ashworth Hospital Authority: HL 17 Mar 2005

In Re Swaptronics Ltd: ChD 24 Jul 1998

A party who was in contempt of court should not be debarred from continuing to take a proper part in a court action unless that contempt was serious enough seriously to interfere with the fair conduct of the trial. ‘The courts need powers of punishment with which to enforce their orders. The ones they have … Continue reading In Re Swaptronics Ltd: ChD 24 Jul 1998

McLeod v The United Kingdom: ECHR 23 Sep 1998

A Police Officer assisting in recovery of items ordered to be returned in matrimonial proceedings acted in excess of his powers and trespassed in entering house where there was no immediate threat of breach of the peace, and no sight of disorder. An interference with private life by the police must be objectively justified under … Continue reading McLeod v The United Kingdom: ECHR 23 Sep 1998

In the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail: Admn 21 May 1997

Citations: [1997] EWHC Admin 490 Links: Bailii Statutes: Extradition Act 1989 Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Home Department ex parte Launder Admn 6-Aug-1996 The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. . . See Also – … Continue reading In the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail: Admn 21 May 1997

Petra v Romania: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Violation of Art. 25; Non-pecuniary damage – financial award Citations: [1998] ECHR 93, 27273/95 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 24 July 2022; Ref: scu.165665

Demir and Others v Turkey: ECHR 23 Sep 1998

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (non-exhaustion); Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses – claim rejected; Violation of Art. 5-3. Citations: 21380/93, [1998] ECHR 88, 21381/93 Links: Woldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 July 2022; … Continue reading Demir and Others v Turkey: ECHR 23 Sep 1998

Regina v Islington Borough Council Ex Parte Rixon: QBD 17 Apr 1996

The local authority regarded lack of resources or facilities as an insuperable obstacle to any further attempt to make provision under the 1970 Act. Held: A Local Authority should allow for non-statutory guidance in assessing a disabled person’s education needs. Local authorities may only depart from the Secretary of State’s guidance for good reason. Sedley … Continue reading Regina v Islington Borough Council Ex Parte Rixon: QBD 17 Apr 1996

X v United Kingdom: ECHR 19 Jan 1998

The complainant said that the system under which he had been declared unfit to be involved in the management of an insurance company was unfair. Citations: 28530/95, [1998] ECHR 117, (1998) 25 EHRR CD88, 25 EHRR CD88 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Wright and Others, … Continue reading X v United Kingdom: ECHR 19 Jan 1998

Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003

The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation. Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should … Continue reading Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003

Portington v Greece: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings. Citations: [1998] ECHR 94, 28523/95 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 21 July 2022; Ref: scu.165676

Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

Lehideux And Isorni v France: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings Citations: [1998] ECHR 90, 24662/94 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – Callaghan v Independent News and Media Ltd QBNI 7-Jan-2009 callaghan_inmQBNI2009 The claimant was convicted in … Continue reading Lehideux And Isorni v France: ECHR 23 Sep 1998

Secic v Croatia: ECHR 31 May 2007

The applicant had been attacked and beaten by skinheads shouting racial abuse. He complained that as a Roma, the police had failed through race discrimination properly to investigate his complaint. Held: The court repeated the statement that article 3 may give rise to a positive obligation to conduct an official investigation. The obligation on the … Continue reading Secic v Croatia: ECHR 31 May 2007

Hicks and Others, Regina (on The Application of) v Commissioner of Police for The Metropolis: SC 15 Feb 2017

The claimants had wanted to make a peaceful anti-monarchist demonstration during the wedding of the Duke and Duchess of Cambridge. They complained that the actions of the respondent police infringed their human rights by preventing that demonstration. Held: The appeal failed.The fundamental principle underlying article 5 is the need to protect the individual from arbitrary … Continue reading Hicks and Others, Regina (on The Application of) v Commissioner of Police for The Metropolis: SC 15 Feb 2017

LCB v United Kingdom: ECHR 9 Jun 1998

The applicant’s father had been present on Christmas Island during British nuclear tests. She was diagnosed with leukaemia. She claimed the UK had been should have warned her parents of the risks associated with exposure to radiation and monitored her health. Held: The applicant had not proved that her father had actually been exposed to … Continue reading LCB v United Kingdom: ECHR 9 Jun 1998

L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 1 Mar 2007

The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity. Held: As to the meaning of section 115: ‘if Parliament had intended to limit relevant information to information of criminal or potentially criminal activity, it would be … Continue reading L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 1 Mar 2007

Steel and Others v The United Kingdom: ECHR 23 Sep 1998

The several applicants had been arrested in different circumstances and each charged with breach of the peace contrary to common law. Under the Magistrates’ Court Act 1980, the court can bind over a Defendant to keep the peace, if the Defendant consents, and impose a sentence of up to 6 months’ imprisonment if the Defendant … Continue reading Steel and Others v The United Kingdom: ECHR 23 Sep 1998

Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001

The council cancelled the respondent’s registration as a child minder. The respondent appealed to the Magistrates, and succeeded, the court finding that the process undertaken by the council had infringed his rights. On appeal the council succeeded. The magistrates should have looked beyond procedural issues. The appeal to them required a hearing de novo. The … Continue reading Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001

McDonald, Regina (on the Application of) v Manchester Crown Court; Others: Admn 9 Nov 1998

Each defendant challenged decisions to extend the custody time limits. Judges: Lord Bingham of Cornhill LCJ, Collins J Citations: [1998] EWHC 319 (Admin) Links: Bailii Statutes: European Convention of Human Rights 5, Bail Act 1976 4(1), Prosecution of Offences (Custody Time Limits) Regulations 1987 Jurisdiction: England and Wales Criminal Practice, Human Rights Updated: 12 July … Continue reading McDonald, Regina (on the Application of) v Manchester Crown Court; Others: Admn 9 Nov 1998

Savage v South Essex Partnership NHS Foundation Trust and Another: CA 21 Dec 2007

The claimant said that the defendant hospital had been negligent in failing to prevent her daughter escaping from the mental hospital at which she was detained and committing suicide. Held: The status of a detained mental patient was more akin to that of a prisoner than of a patient because of the control exercised and … Continue reading Savage v South Essex Partnership NHS Foundation Trust and Another: CA 21 Dec 2007

Wickramsinghe v United Kingdom: ECHR 9 Dec 1997

(Commission) Although professional disciplinary proceedings may be conducted to the criminal standard of proof, that does not make them ‘akin to criminal proceedings’. ‘in general’, disciplinary proceedings are not ‘criminal’ for the purpose of Article 6.1 and 6.3, because professional disciplinary matters concern the relationship between professional associations and individuals rather than draw on law … Continue reading Wickramsinghe v United Kingdom: ECHR 9 Dec 1997

The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007

The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion. Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an employee. ‘The religious beliefs of a community may be such that their manifestation does not … Continue reading The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007

3 Individual Present Professional Trustees of 2 Trusts v an Infant Prospective Beneficiary of One Trust and others: ChD 25 Jul 2007

The parties challenged under the 198 Act the right of trustees to seek a Beddoe order protecting themselves against an award of costs. Citations: [2007] EWHC 1922 (Ch) Links: Bailii Statutes: Human Rights Act 1998 Part 1 Jurisdiction: England and Wales Citing: Cited – In Re Beddoe, Downes v Cottam CA 1893 A trustee had … Continue reading 3 Individual Present Professional Trustees of 2 Trusts v an Infant Prospective Beneficiary of One Trust and others: ChD 25 Jul 2007

Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2): HL 27 Jul 2000

The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict liability, and the governor was liable in damages even though he had … Continue reading Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2): HL 27 Jul 2000

Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007

The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence. Held: The claim was struck out. In effect this was an application for … Continue reading Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007

Bryce Ashworth v Newnote Ltd: CA 27 Jul 2007

The appellant challenged a refusal to set aside a statutory demand, in respect of his director’s loan account with the respondent company, saying the court should have accepted other accounts to set off against that debt. Held: A statutory demand may be set aside if ‘the debtor appears to have a counterclaim, set-off or cross … Continue reading Bryce Ashworth v Newnote Ltd: CA 27 Jul 2007

Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others: FD 5 Jul 2007

The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter. Held: The application was frivolous. None of the evidence presented remotely constituted evidence of what the claimant asserted. Though section … Continue reading Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others: FD 5 Jul 2007

DS v Her Majesty’s Advocate: PC 22 May 2007

An amendment to the 1995 Act placed restrictions on the questioning of the complainer in trials of persons charged with sexual offences. The defendant appealed, saying that the restrictions were incompatible with the right to a fair trial under article 6 of the Convention. Held: The challenge failed. Where a defendant in a rape trial … Continue reading DS v Her Majesty’s Advocate: PC 22 May 2007

Morris and Another v Revenue and Customs: ChD 23 May 2007

The court heard an appeal against a preliminary decision of the Special Commissioners about two issues of principle which affect forthcoming appeals against assessments to self-assessments made by the Respondent Commissioners against them. The two issues are: (a) whether the time limit imposed by section 34 of the 1970 Act (‘TMA’) applies to closure notices … Continue reading Morris and Another v Revenue and Customs: ChD 23 May 2007

O’Connor and Another v Wiltshire County Council: CA 9 May 2007

The claimants sought compensation for the diminution in the values of their properties because of noise pollution from a new highway. The defendant highway authority said that liability had been transferred to its contractors, and it had not been and was not a highway maintainable at public expense. Held: The road had been constructed for … Continue reading O’Connor and Another v Wiltshire County Council: CA 9 May 2007

DB v Chief Constable of Police Service of Northern Ireland: SC 1 Feb 2017

The appellant said that the police Service of Northern Ireland had failed properly to police the ‘flags protest’ in 2012 and 2013. The issue was not as to the care and effort taken, but an alleged misunderstanding of their powers. Held: Treacy J was right in his conclusion that the police laboured under a misapprehension … Continue reading DB v Chief Constable of Police Service of Northern Ireland: SC 1 Feb 2017

Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening): HL 12 Nov 2008

(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading treatment, and that the police had given undue weight to the right to demonstrate. … Continue reading Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening): HL 12 Nov 2008

Van Colle and Another v Chief Constable of the Hertfordshire Police: CA 24 Apr 2007

The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability. Held: The responsible officer had not been aware of the applicable protocol. The police ought to have been aware of … Continue reading Van Colle and Another v Chief Constable of the Hertfordshire Police: CA 24 Apr 2007

Jordan v Lord Chancellor and Another (Northern Ireland): HL 28 Mar 2007

In each case a death had occurred many years earlier where the deceased had apparently died at the hands of the armed forces. The relatives now challenged the range of verdicts which could be left to a coroner’s jury.Lord Bingham said: ‘The Coroner must decide how widely the inquiry should range to elicit the facts … Continue reading Jordan v Lord Chancellor and Another (Northern Ireland): HL 28 Mar 2007

Ali, Altaf v Crown Prosecution Service, West Midlands: CACD 22 Mar 2007

The defendant was first arrested in 1997, but only re-arrested in 2004. He complained that the delay affected his right to a fair trial within a proper time. The judge accepted this but the trial proceeded, the judge denying a claim of abuse of process. Held: The appeals succeeded. The delay meant that documents which … Continue reading Ali, Altaf v Crown Prosecution Service, West Midlands: CACD 22 Mar 2007

AIT-Mouhoub v France: ECHR 28 Oct 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (as regards first complaint); Violation of Art. 6-1 (as regards second complaint); Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings Citations: 22924/93, [1998] ECHR 97 Links: Worldlii, Bailii Statutes: European Convention on Human … Continue reading AIT-Mouhoub v France: ECHR 28 Oct 1998

Perez De Rada Cavanilles v Spain: ECHR 28 Oct 1998

ECHR Inadmissibility, for being out of time, of reposicion application against court decision whereby a settlement agreement which the applicant had sought to enforce had been declared voidIn a dispute between the applicant and a neighbour concerning the latter’s view over the applicants property a settlement agreement was concluded between the parties. However, the time-limit … Continue reading Perez De Rada Cavanilles v Spain: ECHR 28 Oct 1998

Connolly v Director of Public Prosecutions: Admn 15 Feb 2007

The defendant appealed against her conviction under the Act for having sent indecent or grossly offensive material through the post in the form of pictures of an aborted foetus sent to pharmacists. She denied that they were offensive, or that she wished to cause distress, and said she wished to educate the pharmacists as to … Continue reading Connolly v Director of Public Prosecutions: Admn 15 Feb 2007

Smith v KD Scott, Electoral Registration Officer: SCS 24 Jan 2007

The prisoner claimed that his right to vote had not been re-instated despite a year having passed since the European Court of Human Rights had found that the withdrawal of that right for prisoners was an infringement. Held: It was not possible to read down the provision of the 1983 Act, and a declaration of … Continue reading Smith v KD Scott, Electoral Registration Officer: SCS 24 Jan 2007

In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return. Held: The mother’s appeal succeeded. The Convention required an order to be made for the return of a child only where the parent … Continue reading In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

Bennett v Commissioners of Customs and Excise (No 2): ChD 27 Feb 2001

There was nothing to prevent the Commissioners withdrawing one assessment and replacing it with another even after an adjudication on the first by a tribunal, but they could not do this in such a way as to attempt to relitigate the issues determined. Citations: Gazette 29-Mar-2001, Times 27-Feb-2001 Statutes: Value Added Tax Act 1994 73, … Continue reading Bennett v Commissioners of Customs and Excise (No 2): ChD 27 Feb 2001

Desnousse v London Borough of Newham and others: CA 17 May 2006

The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006

Maurer v Austria: ECHR 17 Jan 2002

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedingsThe applicant alleged that criminal proceedings against him had been unreasonably protracted. In 1994 defamation proceedings had been begun against him. … Continue reading Maurer v Austria: ECHR 17 Jan 2002