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Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005

The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005

Singh and others v Chief Constable of West Midlands Police: QBD 4 Nov 2005

A play was presented which was seen by many Sikhs as offensive. Protesters were eventually ordered to disperse under s30 of the 2003 Act. The defendants appealed their convictions for having breached that order, saying that it interfered with their rights of free speech and of assembly. Held: The appeal failed. There had been a … Continue reading Singh and others v Chief Constable of West Midlands Police: QBD 4 Nov 2005

HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017

This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC challenged the legality of the Regulations, contending that the denial of mainstream welfare and housing provision … Continue reading HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017

X v United Kingdom: ECHR 3 Oct 1975

The applicant, a serving prisoner, complained that he had been excluded from voting in the referendum on the British membership of the EEC. Held: Article 10 does not guarantee a right to vote as such. Article 3 Protocol 1 : the obligations of the High Contracting Parties under this provision are limited to the field … Continue reading X v United Kingdom: ECHR 3 Oct 1975

Maurice v France: ECHR 2005

Citations: (2005) 42 EHRR 885 Statutes: European Convention on Human Rights Cited by: Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011 Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided … Continue reading Maurice v France: ECHR 2005

Kaplan v United Kingdom: ECHR 14 Dec 1978

(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper person to be a controller of the company. He had misstated the value of the company’s assets. … Continue reading Kaplan v United Kingdom: ECHR 14 Dec 1978

Levent Can Yilmaz v Turkey: ECHR 21 Jul 2005

Citations: 53497/99, [2005] ECHR 514, [2005] ECHR 514 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 May 2022; Ref: scu.230678

Huseyin Yigit v Turkey: ECHR 21 Jul 2005

Citations: 28183/02, [2005] ECHR 511, [2005] ECHR 511 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 May 2022; Ref: scu.230675

X v United Kingdom: ECHR 15 Dec 1977

(Commission) The British court had ordered a Jordanian father to return his daughter to England. The English mother contacted the British consulate in Amman asking it to ‘obtain the custody of her daughter from the Jordanian Court’. The Consulate reported on the child’s well-being, and provided the mother with a list of lawyers practising in … Continue reading X v United Kingdom: ECHR 15 Dec 1977

Ashton and Others v The Ministry of Justice: QBD 16 May 2014

The claimants said that the sanitation arrangements whilst incarcerated at HMP Albany had amounted to degrading treatment, in that the cells had not had in-cell sanitation. Held: The claims were struck out as a repeat of claims made in the Grant case. Judges: Hickinbottom J Citations: [2014] EWHC 1624 (QB) Links: Bailii Statutes: European Convention … Continue reading Ashton and Others v The Ministry of Justice: QBD 16 May 2014

Al-Jedda v Secretary of State for Defence: QBD 5 Mar 2009

The claimant, an Iraqi/British national complained of his detention in Iraq by the defendant without any due process. Judges: Underhill J Citations: [2009] EWHC 397 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was born an … Continue reading Al-Jedda v Secretary of State for Defence: QBD 5 Mar 2009

Francis v Secretary of State for Work and Pensions: CA 10 Nov 2005

The applicant had sought payment of a ‘Sure Start’ maternity grant. She had obtained a residence order in respect of her sister’s baby daughter who had been taken into care. She said that a payment would have been made to the partner of a mother or an adopter, and that she should be similarly entitled. … Continue reading Francis v Secretary of State for Work and Pensions: CA 10 Nov 2005

Mathieson v Secretary of State for Work and Pensions: SC 8 Jul 2015

The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died. Held: The appeal succeeded. The Regulations infringed the claimant’s rights because the evidence was that in … Continue reading Mathieson v Secretary of State for Work and Pensions: SC 8 Jul 2015

Boulois v Luxembourg: ECHR 14 Dec 2010

The applicant was serving a long sentence for serious offences. He had submitted several requests for ‘prison leave’ in order to carry out tasks in preparation for his eventual release. These had been refused by the Attorney General. The domestic courts in turn rejected his applications for judicial review on the ground that they had … Continue reading Boulois v Luxembourg: ECHR 14 Dec 2010

Genderdoc-M v The Republic Of Moldova: ECHR 15 Mar 2022

ECHR Judgment : Article 14+11-1 – Prohibition of discrimination : Second Section Committee Citations: 60377/10, [2022] ECHR 237 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 May 2022; Ref: scu.674696

X v The United Kingdom: ECHR 14 Dec 1979

(Commission – Plenary) – Inadmissible – article 6 inapplicable. The categorisation of a prisoner is ‘administrative’ rather than a determination of disputes about civil rights. Citations: 8575/79 Statutes: European Convention on Human Rights 6 Cited by: Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012 In each case … Continue reading X v The United Kingdom: ECHR 14 Dec 1979

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

P v The General Council of the Bar; Re P (A Barrister): 24 Jan 2005

(Visitors to the Inns of Court) A Disciplinary Tribunal was convened by the President of COIC pursuant to the 2000 Regulations. It found the barrister guilty of misconduct and suspended her from practice for three months. The Visitors appointed to hear the barrister’s appeal included N, who was also a member of the Bar’s Professional … Continue reading P v The General Council of the Bar; Re P (A Barrister): 24 Jan 2005

Bektas v Turkey: ECHR 14 Jan 2012

Citations: 38683/11 – HECOM, [2013] ECHR 5 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 May 2022; Ref: scu.468825

Straista v The Republic Of Moldova: ECHR 15 Mar 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Second Section Committee Citations: 14191/14, [2022] ECHR 233 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 02 May 2022; Ref: scu.674719

Austin and Saxby v Commissioner of the Police for the Metropolis: QBD 23 Mar 2005

Towards the end of a substantial May Day demonstration on the streets of London, police surrounded about 3,000 people in Oxford Circus and did not allow them to leave for seven hours. The claimant who was present, but not involved in any of the organisation sought damages. Held: Police have powers to act out of … Continue reading Austin and Saxby v Commissioner of the Police for the Metropolis: QBD 23 Mar 2005

Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

Yarbo, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Jul 2014

Claim for judicial review began as a challenge to the lawfulness of directions to remove the claimant from the United Kingdom. It now stands as a challenge to the defendant’s decision to certify the claimant’s human rights claim (article 8 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms) as … Continue reading Yarbo, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Jul 2014

In Re F (Adult: Court’s Jurisdiction): CA 25 Jul 2000

The local authority sought a declaration as to its rights to control the daily activities of an eighteen year old, who was incapable of managing her own affairs but was not subject to mental health legislation. Held: There remained an inherent jurisdiction which the court could exercise through the doctrine of necessity. The subject was … Continue reading In Re F (Adult: Court’s Jurisdiction): CA 25 Jul 2000

Centre For Legal Resources on behalf of Valentin Campeanu v Romania: ECHR 17 Jul 2014

ECHR Grand Chamber – Article 34 Locus standi Standing of non-governmental organisation to lodge application on behalf of deceased mental patient Article 2 Positive obligations Failure to provide adequate care for HIV positive mental patient: violation Article 46 Article 46-2 Execution of judgment Measures of a general character Respondent State required to take general measures … Continue reading Centre For Legal Resources on behalf of Valentin Campeanu v Romania: ECHR 17 Jul 2014

Vilnes And Others v Norway: ECHR 5 Dec 2013

ECHR Article 8 Positive obligations Article 8-1 Respect for private life State’s failure to ensure that essential information regarding risks associated with use of decompression tables were available to divers: violation Facts – The applicants were former divers engaged in diving operations, including test dives, in the North Sea. They were recruited by diving companies … Continue reading Vilnes And Others v Norway: ECHR 5 Dec 2013

Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

Warsama and Another v The Foreign and Commonwealth Office and Others (Bill of Rights 1689 – Constitution – Parliament – Separation of Powers – Child Abuse): QBD 15 Jun 2018

Bill of Rights 1689 – Constitution – Parliament – Parliamentary Privilege – Separation of Powers – Immunity – Jurisdiction of Court – Human Rights – Public Authority – Child Abuse – Inquiry Report – Motion for an Unopposed Return – ECHR Art 8 – ECHR Art 6 – Damages – St Helena and Ascension Island … Continue reading Warsama and Another v The Foreign and Commonwealth Office and Others (Bill of Rights 1689 – Constitution – Parliament – Separation of Powers – Child Abuse): QBD 15 Jun 2018

Akopyan v Ukraine: ECHR 5 Jun 2014

The applicant complained as to the system under which she had been detained in a mental hospital. Judges: Mark Villiger, P Citations: 12317/06 – Chamber Judgment, [2014] ECHR 579 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights, Health Updated: 21 April 2022; Ref: scu.526283

Barclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others: SC 22 Oct 2014

Constitutional Status of Chanel Islands considered The Court was asked as to the role, if any, of the courts of England and Wales (including the Supreme Court) in the legislative process of one of the Channel Islands. It raised fundamental questions about the constitutional relationship between the United Kingdom and the Bailiwicks of Guernsey and … Continue reading Barclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others: SC 22 Oct 2014

Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital: HL 21 Feb 1985

Explanation of Medical Risks essential The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised. Held: The appeal failed. A mentally competent patient has an absolute right to refuse to consent to medical treatment for any reason, rational or … Continue reading Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital: HL 21 Feb 1985

P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014

Deprivation of Liberty P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult male, again without capacity, also complained as to the arrangements for his … Continue reading P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014