Search Results for: European Convention on Human Rights A-1

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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

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

European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

In re A (permission to remove child from jurisdiction: human rights): CA 2000

The mother had been given leave by the Recorder to remove a ten month old girl permanently from the jurisdiction to the United States in circumstances where the mother`s job prospects were better in New York than in England. The father, (in person) raised the question of a breach of his right under Article 8(1). … Continue reading In re A (permission to remove child from jurisdiction: human rights): CA 2000

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Edwards and Lewis v The United Kingdom: ECHR 22 Jul 2003

(Commission) The claimants said that the procedures used to secure their convictions amounted to entrapment, and that UK criminal procedures did not give sufficient protection so as to provide a fair trial. One was arrested with heroin, and the other in the company of an undercover officer in possession of forged currency. Each was later … Continue reading Edwards and Lewis v The United Kingdom: ECHR 22 Jul 2003

QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

Judges: Sedley, Longmore, Maurice Kay LJJ Citations: [2009] EWCA Civ 620, [2009] INLR 514, [2010] Imm AR 132, C5/2008/1706, C5/2009/0251 Links: Bailii Statutes: European Convention on Human Rights 2 3, Directive 2004/83/EC Jurisdiction: England and Wales Citing: Examined – Elgafaji and Elgafaji v Staatssecretaris van Justitie ECJ 17-Feb-2009 Europa (Grand Chamber) Directive 2004/83/EC – Minimum … Continue reading QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore subject to security round-ups of such people which occurred when the … Continue reading Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey. Held: The concept of ‘persecution’ was central. It is necessary to investigate whether the treatment which the applicants reasonably fear would infringe a recognised human right. … Continue reading Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

Sandhu, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 16 Sep 2003

The claimant challenged the refusal of a right to appeal against the decision refusing hs asylum appeal. He had failed to attend two hearings. The respondent gave his certificate under section 73 that in his opinion the only purpose of the appeal was to delay removal. Held: The correct approach was to to treat it … Continue reading Sandhu, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 16 Sep 2003

Oneryildiz v Turkey: ECHR 18 Jun 2002

(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal house-hold refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house, killing his close relatives. The applicant claimed that the local authorities were responsible for the accident at the tip and for … Continue reading Oneryildiz v Turkey: ECHR 18 Jun 2002

Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

Test for police protection need The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2. Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s expectation being falsified either in one … Continue reading Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

Regina v Chief Constable of Norfolk, ex parte DF: Admn 2002

Test for need for police protection The court considered the duties of the police to protect the applicants. Held: The search for a phrase which encapsulates a threshold of risk which engages article 2 is a search for a chimera. The degree of risk described as ‘real and immediate’ in Osman . . as used … Continue reading Regina v Chief Constable of Norfolk, ex parte DF: Admn 2002

Ferrazzini v Italy: ECHR 12 Jul 2001

(Grand Chamber) The court had to decide whether tax proceedings brought by the state against an individual involved the determination of a civil right within the meaning of article 6(1). It was argued by the Government that the existence of an individual’s tax obligation to pay tax belonged exclusively to the realm of public law … Continue reading Ferrazzini v Italy: ECHR 12 Jul 2001

P, Regina (On the Application of) v HM Coroner for the District Of Avon: Admn 5 Mar 2009

The deceased was found suspended by a sheet in her prison cell. The jury found accidental death, not being satisfied that she was not issuing a cry for help. The family appealed saying that the jury had not been directed that they could provide a narrative verdict to explain further their conclusions. Held: The jury … Continue reading P, Regina (On the Application of) v HM Coroner for the District Of Avon: Admn 5 Mar 2009

Carnduff v The United Kingdom: ECHR 10 Feb 2004

Admissibility – The applicant is a registered police informer. He commenced an action seeking to recover payment for information that he supplied to the West Midlands police. Judges: M. Pellonpaa, P Citations: 18905/02, [2004] ECHR 731 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Carnduff v Inspector Rock and … Continue reading Carnduff v The United Kingdom: ECHR 10 Feb 2004

Nicholds and others v Security Industry Authority: Admn 19 Jul 2006

Application for judicial review of, in substance, the licensing criteria prepared and published by the Defendant, the Security Industry Authority. The applicants were door supervisors refused licenses for previous convictions. Judges: Kenneth Parker QC J Citations: [2006] EWHC Admin 1792, [2006] EWHC 1792 (Admin), [2007] 1 WLR 2067, [2007] ICR 1076 Links: Bailii Statutes: Private … Continue reading Nicholds and others v Security Industry Authority: Admn 19 Jul 2006

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

Black, Regina (on The Application of) v Secretary of State for Justice: Admn 5 Mar 2015

The serving prisoner said that new general restrictions on smoking in public buildings applied also in prisons. were a breach of his human rights. The only spaces where prisoners were allowed now to smoke were their cells, and he would share cells with smokers, suffering second hand inhalation. He suffered health problems. Judges: Singh J … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: Admn 5 Mar 2015

Warren, Regina (on the Application of) v Her Majesty’s Assistant Coroner for Northamptonshire: Admn 29 Apr 2008

The deceased had committed suicide in his prison cell. Prison officers were charged with manslaughter by gross neglect, but they were discharged. The applicant sought now to challenge the refusal of the coroner to allow to be called to give evidence a psychiatrist who had provided a report to the family’s solicitors. The coroner felt … Continue reading Warren, Regina (on the Application of) v Her Majesty’s Assistant Coroner for Northamptonshire: Admn 29 Apr 2008

B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006

The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006

Spiller and Another v Joseph and Others: SC 1 Dec 2010

The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010

VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

King v Telegraph Group Ltd: CA 18 May 2004

The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003

The applicants wished to challenge the confiscation of their goods by the Commissioners of Customs and Excise on their return to Dover. They appealed the refusal of Legal Aid. Held: The Convention guaranteed the right to legal assistance for someone charged with a criminal offence and who could not afford representation, but these condemnation proceedings … Continue reading Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003

JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015

The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in … Continue reading JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015

Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008

The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim on the basis that the child did not have a right of … Continue reading Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008

A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002

The applicant challenged regulations brought in by the respondent providing for foreigners suspected of terrorism to be detained where a British national suspect would not have been detained. The respondent had issued a derogation from the Convention for this purpose. Held: The people detained were those who could not be returned to their own country … Continue reading A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002

PG and JH v The United Kingdom: ECHR 25 Sep 2001

The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to disclose all relevant evidence to the defence. In this case the … Continue reading PG and JH v The United Kingdom: ECHR 25 Sep 2001

Jones v University of Warwick: CA 4 Feb 2003

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

A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect. Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of … Continue reading A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

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

Eweida And Others v The United Kingdom: ECHR 15 Jan 2013

ECHR Article 9-1 Manifest religion or belief Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible with their religious beliefs: violation; no violations Article 14 Discrimination Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013

N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004

The appellant a foreign national, had been convicted of very serious sex offences, and as his sentence came to an end was ordered to be deported. He appealed saying this infringed his right to a family life. Held: The court had to balance the public revulsion at his crimes with the need for compassion. The … Continue reading N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004

A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013

A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B was 2 and a … Continue reading A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013

Department for Work and Pensions v Courts: Admn 3 May 2006

The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006

P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003

The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003

Scholes, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jan 2006

The deceased had committed suicide whilst in a Young Offenders Institute. The coroner had called for a further enquiry into the way he had been sentenced. The Home Office refused a public enquiry saying that the coroner’s inquest had satisfied its human rights duties. Judicial review was now sought of that decision. Held: The respondent … Continue reading Scholes, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jan 2006

Re Erskine 1948 Trust: ChD 29 Mar 2012

The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012

In re E (Minors) (Residence Orders: Imposition of Conditions): CA 30 Apr 1997

A residence order can not be accompanied by an order as to where a parent with care must live in the UK or with whom. An appeal may well arise in which a disappointed applicant will contend that section 13(1)(b) of the Children Act 1989 imposes a disproportionate restriction on a parent’s right to determine … Continue reading In re E (Minors) (Residence Orders: Imposition of Conditions): CA 30 Apr 1997

Regina (T) v the Secretary of State for the Home Department; similar: CA 23 Sep 2003

The claimant asylum seeker had been refused benefits having failed to declare his application on entry. The Secretary now appealed a finding that the decision was flawed. Was the treatment of the applicant inhuman or degrading? Held: No simple test could be laid down, and each case is to be considered individually. The appeal court, … Continue reading Regina (T) v the Secretary of State for the Home Department; similar: CA 23 Sep 2003

Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: Admn 4 Sep 2012

It was said that a squad of the British army had caused the deaths of 24 civilians in 1948 in Batang Kali (now part of Malaysia. Held: No inquiry was required. It was a matter of discretion, and there were no sustainable reasons for overturning the decisions of the respondents. Judges: Sir John Thomas P, … Continue reading Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: Admn 4 Sep 2012

Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012

The claimants sought judicial review of schemes which they said appeared to require them to work for free in order to claim Jobseekers Allowance. Held: Judicial review was granted. There had been a breach of regulation 4(2) of the 2011 Regulations, because the Secretary of State had breached regulation 4(2), by the failure to provide … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012

Hari Dhima v Immigration Appeal Tribunal: Admn 8 Feb 2002

The appellate sought judicial review to challenge an order for his return to Albania. He said that he would be subject to persecution from communist sympathizers, and his life was at risk for a blood feud. Adjudicators had variously accepted and rejected both claims, but concluded that he could avail himself of internal flight. He … Continue reading Hari Dhima v Immigration Appeal Tribunal: Admn 8 Feb 2002

Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003

The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release. Held: False imprisonment is established on proof of imprisonment without lawful authority. An authority might commit both the tort of false imprisonment and infringe a patient’s human rights, but not all infringements of … Continue reading Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003

Z And Others v The United Kingdom: ECHR 10 May 2001

Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001

FGP v Serco Plc and Another: Admn 5 Jul 2012

The claimant said that whilst he had been being taken from an immigration detention centre to hospital, he had been restrained by various forms of handcuffs. He said that had been unlawful. Held: The claim failed: ‘ the recommendation that there should only be handcuffing in exceptional circumstances is to apply too high a test. … Continue reading FGP v Serco Plc and Another: Admn 5 Jul 2012

M, Regina (on The Application of) v Secretary of State for Home Department: Admn 2 Dec 2010

Judges: Sir Anthony May P Citations: [2010] EWHC 3541 (Admin) Links: Bailii Statutes: European Convention on Human Rights 3 Jurisdiction: England and Wales Citing: Cited – Haward and others v Fawcetts HL 1-Mar-2006 The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment … Continue reading M, Regina (on The Application of) v Secretary of State for Home Department: Admn 2 Dec 2010

Smith and Others v Ministry of Defence: QBD 30 Jun 2011

Claims were made after the deaths of British troops on active service in Iraq. In one case the deaths were from detonations of improvised explosive devices, and on others as a result of friendly fire. It was said that there had been a foreseeable risk of the deaths. The defendant sought the strike out of … Continue reading Smith and Others v Ministry of Defence: QBD 30 Jun 2011

Smith v The Assistant Deputy Coroner for Oxfordshire: Admn 11 Apr 2008

The claimant’s son had died of hyperthermia whilst serving in the army in Iraq. The parties requested a new inquisition after the coroner had rules that human rights law did not apply to servicemen serving outside Europe. Reports had been prepared but were not disclosed to the coroner until the last day of the inquest … Continue reading Smith v The Assistant Deputy Coroner for Oxfordshire: Admn 11 Apr 2008

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

Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005

The claimants were shareholders in Railtrack. They complained that the respondent had abused his position to place the company into receivership so as to avoid paying them compensation on a repurchase of the shares. Mr Byers was accused of ‘targeted malice.’ They also complained of an interference with their possessions. Held: The claim failed. The … Continue reading Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005

Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003

The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages. Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private … Continue reading Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003

Dennis and Dennis v Ministry of Defence: QBD 16 Apr 2003

The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. The particular noise is loud and characterised by a very rapid onset with a corresponding startle … Continue reading Dennis and Dennis v Ministry of Defence: QBD 16 Apr 2003

Campbell v Frisbee: ChD 14 Mar 2002

The defendant appealed a summary judgement on the claimant’s claim with respect to her alleged disclosure of details Miss Campbell’s private life. The claimant sought an action for account of profits for breach of the terms of a contract of service. The defendant claimed that a violent assault by the claimant on her was a … Continue reading Campbell v Frisbee: ChD 14 Mar 2002

Regina v Ward (Judith): CACD 15 Jul 1992

The defendant had been wrongly convicted of IRA bombings. She said that the prosecution had failed to disclose evidence. Held: The prosecution’s forensic scientists are under a common law duty to disclose to the defence anything they may discover which may assist the defendant. ‘Non-disclosure is a potent source of injustice and even with the … Continue reading Regina v Ward (Judith): CACD 15 Jul 1992

Schalk and Kopf v Austria: ECHR 22 Nov 2010

The applicants, a same sex couple sought the right to marry. Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their relationship, although since practice in this regard is still evolving across Europe, the Contracting States enjoy a wide … Continue reading Schalk and Kopf v Austria: ECHR 22 Nov 2010

Schalk and Kopf v Austria: ECHR 24 Jun 2010

The applicants alleged discrimination in that as a same sex couple they were not allowed to marry. Held: There was no violation.The Court cannot but note that there is an emerging European consensus towards legal recognition of same-sex couples. Moreover, this tendency has developed rapidly over the past decade. Nevertheless, there is not yet a … Continue reading Schalk and Kopf v Austria: ECHR 24 Jun 2010

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

Hamalainen v Finland: ECHR 16 Jul 2014

Grand Chamber Citations: 37359/09 – Grand Chamber Judgment, [2014] ECHR 787, [2014] ECHR 974, [2015] 1 FCR 379 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Hamalainen v Finland ECHR 16-Jul-2014 ECHR Grand Chamber – Article 8-1 Respect for family life Respect for private life Refusal to … Continue reading Hamalainen v Finland: ECHR 16 Jul 2014

Serife Yigit v Turkey: ECHR 20 Jan 2005

A complaint as to the privileging of civil over religious marriages in Turkey was found admissible.‘ the essential object of Article 8 is to protect the individual against arbitrary interference by the public authorities. There may in addition be positive obligations inherent in effective ‘respect’ for family life. In both contexts regard must be had … Continue reading Serife Yigit v Turkey: ECHR 20 Jan 2005

Johnston and Others v Ireland: ECHR 18 Dec 1986

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedingsThe applicants were an unmarried couple who could not marry, and so legitimate their daughter, the third applicant, because … Continue reading Johnston and Others v Ireland: ECHR 18 Dec 1986

Moss v Information Commissioner: CA 15 May 2020

This case concerns the principle of open justice and the application of orthodox principles to an application by a litigant for an anonymity order, namely, the balancing exercise between an individual’s Article 8 and 6 rights of the European Convention on Human Rights and the Article 10 and 6 ECHR rights of the press and … Continue reading Moss v Information Commissioner: CA 15 May 2020

Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to him, but retained pending the appeal. Held: His appeal was allowed: ‘an anonymity order is … Continue reading Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012

The appellant had been deprived of his British Citizenship by an order of the respondent under the 1981 Act. That had meant that he was unable to return to the UK. He now appealed against refusal of his challenge to the order. Judges: Richards, Stanley Burnton, Gross LJJ Citations: [2012] EWCA Civ 358 Links: Bailii … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012

Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking … Continue reading Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

Lord Carlile and Others v Secretary of State for The Home Department: Admn 16 Mar 2012

The claimant had invited an Iranian dissident to speak in Parliament, and now challenged the decision of the Home Secretary to refuse her a visa on the basis that her exclusion was not conducive to the public good. She was a member of an organisation which had in the past supported terrorism, and had first … Continue reading Lord Carlile and Others v Secretary of State for The Home Department: Admn 16 Mar 2012

Tabbakh v United Kingdom: ECHR 21 Feb 2012

In 2000 the applicant fled Syria. In November 2001 he arrived in the United Kingdom and claimed political asylum. It was accepted that he had a well-founded fear of persecution if returned to Syria and in July 2005 he was granted Indefinite Leave to Remain in the United Kingdom as a refugee. On 18 December … Continue reading Tabbakh v United Kingdom: ECHR 21 Feb 2012

Gorovenky And Bugara v Ukraine: ECHR 12 Jan 2012

The applicants’ relatives were shot by an off-duty police officer. They complained that the state had failed to exercise requisite control over the procedure for equipping police officers with a weapon. They alleged that there had been a breach of the Osman duty. Held: The court they summarised the relevant law. The positive duty under … Continue reading Gorovenky And Bugara v Ukraine: ECHR 12 Jan 2012

Chapti and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 16 Dec 2011

Challenge to the amendments to paragraph 281 of the Immigration Rules requiring the foreign spouses and partners of British citizens or persons settled in the UK applying for what I shall refer to as ‘spouse visas’, that is for leave to enter the UK with a view to settlement, to produce a test certificate of … Continue reading Chapti and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 16 Dec 2011

The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson: CA 18 Dec 2002

The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6. Held: The applicant’s human rights were engaged by the decision. When looking at whether judicial … Continue reading The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson: CA 18 Dec 2002

OPO v MLA and Another: QBD 18 Jul 2014

A boy now sought an interim injunction to restrain his father, the defendant classical musician, from publishing his autobiography which mentioned him. The book would say that the father had suffered sexual abuse as a child at school. Held: OPO’s claim was an attempt by the mother to stop the father from selling his life … Continue reading OPO v MLA and Another: QBD 18 Jul 2014

Beaulane Properties Ltd v Palmer: ChD 23 Mar 2005

The paper owner sought possession of land. The defendant said he had acquired a possessory title. The land was registered. Held: The claimant’s human rights under article 1 were engaged. To be justifiable, the interference in that right had to be ‘in the public interest’. The limitation rules were enacted by the State for public … Continue reading Beaulane Properties Ltd v Palmer: ChD 23 Mar 2005

ABC Ltd v Y: ChD 6 Dec 2010

There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties might not obtain documents on the court file. Held: The applicant X was entitled … Continue reading ABC Ltd v Y: ChD 6 Dec 2010

Cheshire West and Chester Council v P: CA 9 Nov 2011

The claimant, a disabled adult with cerebral palsy and Downs, asserted that the care plan set out in an order of the Court of Protection involved a contravention of his human rights since it involved a deprivation of his liberty. He was incontinent but without control, would tear off parts of his incontinence pad and … Continue reading Cheshire West and Chester Council v P: CA 9 Nov 2011

Coventry and Others v Lawrence and Another: SC 22 Jul 2015

The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015

Morrissey v McNicholas and Another: QBD 26 Oct 2011

The claimant musician alleged defamation, saying that the defendant had accused him of being a right wing racist. The defendant now applied to strike out the claim as an abuse of process because of the claimant’s delay. Held: The application to strike out the claim failed. The reasons for delay were credible. The allegation was … Continue reading Morrissey v McNicholas and Another: QBD 26 Oct 2011

Bladet Tromso and Stensaas v Norway: ECHR 20 May 1999

A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the hunting of harp seals. Held: The Court considered whether the newspaper had a reasonable … Continue reading Bladet Tromso and Stensaas v Norway: ECHR 20 May 1999

Mcvicar v The United Kingdom: ECHR 7 May 2002

It was not inconsistent with article 6 to expect both claimants and defendants in defamation proceedings to act in person. Citations: 46311/99, [2002] ECHR 431, (2002) 35 EHRR 22, [2002] ECHR 436 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6 Jurisdiction: Human Rights Citing: See also – Christie v Wilson and Others CA … Continue reading Mcvicar v The United Kingdom: ECHR 7 May 2002

Rantzen v Mirror Group Newspapers (1986) Ltd and Others: CA 1 Apr 1993

Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by keeping secret that he himself was a pervert, unfit to have any child in his care. … Continue reading Rantzen v Mirror Group Newspapers (1986) Ltd and Others: CA 1 Apr 1993

Reyes v Al-Malki and Another: SC 18 Oct 2017

The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017

Al-Jedda v United Kingdom: ECHR 7 Jul 2011

Grand Chamber – The international measure relied on by the respondent state had to be interpreted in a manner that minimised the extent to which arbitrary detention was sanctioned or required. The court described its role in settling awards of compensation under the Convention: ‘The court recalls that it is not its role under article … Continue reading Al-Jedda v United Kingdom: ECHR 7 Jul 2011

Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility. Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in … Continue reading Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

Pirabakaran v Patel and Another: CA 26 May 2006

The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006

Regina (C) v Secretary of State for the Home Department: CA 15 May 2002

A mental health review tribunal had recommended the conditional release of the applicant, a restricted patient in a high security hospital. A community social worker’s report was only later made available to the tribunal. Held: There was no need for the matter to go to the Secretary of State for him to order a fresh … Continue reading Regina (C) v Secretary of State for the Home Department: CA 15 May 2002

Wallishauser v Austria: ECHR 17 Jul 2012

The applicant alleged that she did not have access to court in connection with her claim for salary payments arising out of her employment contract with the embassy of the United States of America in Vienna. Judges: Nina Vajic, President Citations: 156/04, [2012] ECHR 1600 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human … Continue reading Wallishauser v Austria: ECHR 17 Jul 2012

Eweida And Chaplin v The United Kingdom: ECHR 12 Apr 2011

Statement of Facts and questions to the parties Citations: 48420/10, [2011] ECHR 738 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: At CA – Eweida v British Airways Plc CA 12-Feb-2010 The court was asked whether, by adopting a staff dress code which forbade the wearing of visible neck adornment and … Continue reading Eweida And Chaplin v The United Kingdom: ECHR 12 Apr 2011

Upton v United Kingdom: ECHR 11 Apr 2006

Admissibility – the claimant said that he had been disinherited from his grandfather’s will, being illegitimate. The will made in 1930 was in favour of the testator’s children and grandchildren. The applicant’s father was the testator’s eldest son, and Tim’s mother was the wife of the testator’s youngest son. She died not long after Tim … Continue reading Upton v United Kingdom: ECHR 11 Apr 2006

Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017

At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into court of the amount of the award, saying that the appellant did not otherwise have the assets within the … Continue reading Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 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