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A v B plc and Another (Flitcroft v MGN Ltd): CA 11 Mar 2002

A newspaper company appealed against an order preventing it naming a footballer who, they claimed, had been unfaithful to his wife. Held: There remains a distinction between the right of privacy which attaches to sexual activities within and outside a marriage. An order restricting the freedom of the press requires positive and clear justification. The … Continue reading A v B plc and Another (Flitcroft v MGN Ltd): CA 11 Mar 2002

Dunas v The Republic Of Moldova: ECHR 17 May 2022

ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 65102/14, [2022] ECHR 370 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.677865

Ganci v Italie: ECHR 30 Oct 2003

The applicant was serving two life sentences for Mafia related activities. He challenged nine decrees issued by the Minister of Justice under which he was held under a special prison regime for a period of four years. His case related to delays by the courts in dealing with his challenge. The Court said: ‘the applicant … Continue reading Ganci v Italie: ECHR 30 Oct 2003

Mouisel v France: ECHR 14 Nov 2002

The applicant had been sentenced to 50 years’ imprisonment for several offences. He had leukemia and was to receive chemotherapy in hospital. He complained of the conditions to which he was subjected during the hospital visits, including the behaviour of the guards, and the fact that he had been chained to the hospital bed. Medical … Continue reading Mouisel v France: ECHR 14 Nov 2002

Pham v Secretary of State for The Home Department: SC 25 Mar 2015

The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015

Simic v Bosnia And Herzegovina: ECHR 17 May 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Fourth Section Committee Citations: 39764/20, [2022] ECHR 374 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 June 2022; Ref: scu.677880

Garrett, Falcao And Others v Portugal: ECHR 10 Apr 2001

Citations: 29813/96, [2001] ECHR 246 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Garrett, Falcao And Others v Portugal ECHR 11-Jan-2000 Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione temporis); Violation of P1-1; Not necessary to examine Art. 6, 13 and 17; Just satisfaction reserved; Costs … Continue reading Garrett, Falcao And Others v Portugal: ECHR 10 Apr 2001

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

Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

Private Hearings are Not in Secret H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application was refused save as to identification of the children, and certain tax matters. The a hearing was listed as in Private restricted only that certain people only were entitled to … Continue reading Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

Leempoel and SA ED Cine Revue v Belgium: ECHR 9 Nov 2006

‘In matters relating to striking a balance between protecting private life and the freedom of expression that the Court had had to rule upon, it has always emphasised . . the requirement that the publication of information, documents or photographs in the press should serve the public interest and make a contribution to the debate … Continue reading Leempoel and SA ED Cine Revue v Belgium: ECHR 9 Nov 2006

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

Galier v Luxembourg: ECHR 10 May 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 2759/19, [2022] ECHR 361 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 June 2022; Ref: scu.677868

Wirtschafts-Trend Zeitschriften-Verlagsgesellschaft MBH (No 3) v Austria: ECHR 13 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 10; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award (domestic proceedings); Costs and expenses award (Convention proceedings). Citations: 66298/01, [2005] ECHR 862, 15653/02 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human … Continue reading Wirtschafts-Trend Zeitschriften-Verlagsgesellschaft MBH (No 3) v Austria: ECHR 13 Dec 2005

Hirvisaari v Finland: ECHR 27 Sep 2001

Article 6 guarantees a duty to provide adequate reasons for an authority’s decision. It is only by giving a reasoned decision that there can be public scrutiny of the administration of justice. Citations: 49684/99, (2004) 38 EHRR 7, [2001] ECHR 559 Links: Bailii Statutes: European Convention on Human Rights 6 Jurisdiction: Human Rights Cited by: … Continue reading Hirvisaari v Finland: ECHR 27 Sep 2001

Cudak v Lithuania: ECHR 23 Mar 2010

Grand Chamber – The applicant alleged that there had been a violation of her right of access to a court, as guaranteed by Article 6-1 of the Convention.The applicant was a secretary and switchboard operator employed in the Polish embassy in Vilnius, Lithuania. The Supreme Court of Lithuania’s decision was based on the Strasbourg court’s … Continue reading Cudak v Lithuania: ECHR 23 Mar 2010

N v Secretary of State for the Home Department: HL 5 May 2005

The applicant had sought asylum here, but her application was rejected. She was suffering advanced HIV/AIDS. With continued proper treatment she would survive several years. If returned to Uganda she would not receive that treatment and would not survice as long. Held: The issue was not as to her mistreatment in Uganda, but as to … Continue reading N v Secretary of State for the Home Department: HL 5 May 2005

Gascoyne v Customs and Excise and Another: CA 28 Jul 2004

The Commissioners had found what they considered to be an excess of dutiable goods brought into the country by the tax payer, and had forfeited the car. The court considered the effect of the Gora case. Held: The difficult statements in Gora were obiter. In a case where the deeming provisions under paragraph 5 are … Continue reading Gascoyne v Customs and Excise and Another: CA 28 Jul 2004

Blecic v Croatia: ECHR 29 Jul 2004

The applicant had for many years before 1992 had a protected tenancy of a publicly-owned flat in Zadar. Under Croatian law a specially-protected tenancy might be terminated if the tenant ceased to occupy the flat for a continuous period of six months, but not if the tenant’s failure was attributable to medical treatment, military service … Continue reading Blecic v Croatia: ECHR 29 Jul 2004

Hrico v Slovakia: ECHR 20 Jul 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial awardThere is little scope under article 10(2) of the Convention for restrictions on political speech or on debate on questions of public interest. Judges: Sir Nocholas Bratza Citations: … Continue reading Hrico v Slovakia: ECHR 20 Jul 2004

‘Bow Spring’, Owners of Ship v ‘Manzanillo Ii’, Owners of Ship: CA 28 Jul 2004

There had been a collision at sea. Held: (Addendum) Where the admiralty court sought advice from assessors, modern good practice required that the advice should be disclosed to the parties advisers and that they have opportunity to comment. Nautical assessors are experts within the Rules. The practice set out in the Hannibal did not fulfil … Continue reading ‘Bow Spring’, Owners of Ship v ‘Manzanillo Ii’, Owners of Ship: CA 28 Jul 2004

(Un-named): SSCS 1 Oct 2003

The mother had challenged payments required of her by way of child support. The Secretary of State now appealed. Held: The appeal was rejected: ‘a gay relationship can be a family for the purpose of [A]rticle 8’. There was no reason, in the context of child support legislation, to distinguish between families according to the … Continue reading (Un-named): SSCS 1 Oct 2003

Andrews v Reading Borough Council: QBD 29 Apr 2004

The claimant sought damages for increased road noise resulting from traffic control measures taken by the respondent. Held: The defendants action to strike out the claim could not succeed. They had not shown that the claim was unarguable, however difficult were the prospects of success. Judges: Mr Justice Collins Citations: [2004] EWHC 970 (QB) Links: … Continue reading Andrews v Reading Borough Council: QBD 29 Apr 2004

Doerga v The Netherlands: ECHR 27 Apr 2004

ECHR Judgment (Merits and just satisfaction) Violation of Art. 8 ; Costs and expenses partial award – Convention proceedings Citations: 50210/99, [2004] ECHR 175 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Doerga v The Netherlands ECHR 8-Aug-2011 . . Lists of cited by and citing cases … Continue reading Doerga v The Netherlands: ECHR 27 Apr 2004

N v the Secretary of State for the Home Department: CA 16 Oct 2003

The applicant entered the UK illegally. She was unwell and was given treatment. She resisted removal on the grounds that the treatment available to her would be of such a quality as to leave her life threatened. Held: D -v- UK should be strictly confined. The applicant’s condition was not one created by the respondent, … Continue reading N v the Secretary of State for the Home Department: CA 16 Oct 2003

Regina v Edwards, Denton and Jackson Hendley Crowley; Attorney General’s Reference (No. 1 of 2004): CACD 29 Apr 2004

The court considered references by the Attorney-General with regard to offences imposing a burden of proof upon the defendant. ‘An evidential burden will be discharged by a defendant by ensuring that there is some evidence before the court which could result in a reasonable court or jury determining the issue which is the subject of … Continue reading Regina v Edwards, Denton and Jackson Hendley Crowley; Attorney General’s Reference (No. 1 of 2004): CACD 29 Apr 2004

Graham, Re an Application for Judicial Review: QBNI 2 Apr 2004

The applicant sought judicial review of his cellular confinement after being found to have assaulted a prison guard. Held: Weatherup J said: ‘the loss of association or loss of privileges as a consequence of a prison adjudication do not constitute a breach of Article 8. First of all there must be a ‘right’ which has … Continue reading Graham, Re an Application for Judicial Review: QBNI 2 Apr 2004

JG v Poland: ECHR 6 Apr 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses – claim rejected Citations: 36258/97, [2004] ECHR 134, [2004] ECHR 135 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 5-3 Human Rights Updated: 10 June 2022; Ref: scu.195508

Ali v The Head Teacher and Governors of Lord Grey School: CA 29 Mar 2004

The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act. Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and school must also follow the rules. The duty on the local authority was a fallback duty. The … Continue reading Ali v The Head Teacher and Governors of Lord Grey School: CA 29 Mar 2004

McGibbon and Corstorphine v Her Majesty’s Advocate: HCJ 19 Feb 2004

It was conceded that there had been a breach of article 8 in the obtaining of covert video and audio recordings of the appellants’ incriminating conversations. Held: If there was a breach by the police of article 8, it did not follow that the evidence thereby obtained was inadmissible. Any breach of article 8 in … Continue reading McGibbon and Corstorphine v Her Majesty’s Advocate: HCJ 19 Feb 2004

Hindawi and Another v Secretary of State for the Home Department: Admn 29 Jan 2004

The prisoner was subject to a long term of imprisonment, and also to a deportation order which was to take effect upon his release. He complained that, because of the latter, he had not been considered for parole, and that this was discriminatiry. Held: The difference in treatment occurred because of the nationality of the … Continue reading Hindawi and Another v Secretary of State for the Home Department: Admn 29 Jan 2004

Trippel v Germany: ECHR 4 Dec 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings Citations: 68103/01, [2003] ECHR 666 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 June 2022; Ref: scu.190196

Miller Gardner Solicitors, Regina (on the Application of) v Minshull Street Crown Court: Admn 20 Dec 2002

Police investigating crime obtained a warrant to search a solicitor’s offices for details of their clients. The solicitors appealed. Held: The details required, namely dates of contacts with a certain telephone number were not legally privileged: ‘the name and telephone number of the caller were taken down as a formality ‘to create the channel through … Continue reading Miller Gardner Solicitors, Regina (on the Application of) v Minshull Street Crown Court: Admn 20 Dec 2002

Gillan and Another, Regina (on the Application of) v Commissioner of the Police for the Metropolis and Another: Admn 31 Oct 2003

The applicants challenged by way of judicial review the way they had been stopped and searched under the Act. They attended a demonstration. The search revealed nothing suspicious. General authorisations for such searches had been issued under the Act. Held: The section should not be read so as to restrict the power to issue authorisations … Continue reading Gillan and Another, Regina (on the Application of) v Commissioner of the Police for the Metropolis and Another: Admn 31 Oct 2003

Menson v United Kingdom: ECHR 6 May 2003

There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No blame attached to state authorities for the killing and no breach of the state’s … Continue reading Menson v United Kingdom: ECHR 6 May 2003

Wainwright and another v Home Office: HL 16 Oct 2003

The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003

Khan, Regina (on the Application of) v Secretary of State for Health: CA 10 Oct 2003

The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There remained unresolved suspicions of negligence having been covered up. They had been refused legal aid to … Continue reading Khan, Regina (on the Application of) v Secretary of State for Health: CA 10 Oct 2003

Semenov v Russia: ECHR 5 Apr 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee Citations: 39696/12, [2022] ECHR 302 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 June 2022; Ref: scu.676972

Di Palma v United Kingdom: ECHR 1 Dec 1986

(Commission/admissibility) The applicant’s lease was forfeited on her non-payment of a service charge and possession was ordered. Her primary claim was made (unsuccessfully) under article 1 of the First Protocol to the Convention. But she also complained that her eviction from her home constituted an unjustified interference with the right to respect for her home … Continue reading Di Palma v United Kingdom: ECHR 1 Dec 1986

Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003

The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003

Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

Powell v United Kingdom: ECHR 4 May 2000

A ten-year old boy had died from Addison’s disease. No inquest took place, because the coroner decided that the boy had died of natural causes. The parents, who were also affected by the events, had accepted compensation from the local health authority, and discontinued a claim for damages for negligence against the doctors, and a … Continue reading Powell v United Kingdom: ECHR 4 May 2000

Rechnungshof v Osterreichischer Rundfunk and others: ECJ 20 May 2003

ECJ Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Protection of private life – Disclosure of data on the income of employees of bodies subject to control by the RechnungshofAustrian law required public bodies subject to control by the Court of Auditors to report to it the names, … Continue reading Rechnungshof v Osterreichischer Rundfunk and others: ECJ 20 May 2003

Hewitson v The United Kingdom: ECHR 27 May 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedingsThe applicant had been under investigation by the police. Whilst under arrest, his garage was fitted with a secret recording device, and the evidence gathered was later used against … Continue reading Hewitson v The United Kingdom: ECHR 27 May 2003

Perna v Italy: ECHR 25 Jul 2001

Citations: 48898/99, [2001] ECHR 485 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – The Mayor Commonalty and Citizens of London v Samede (St Paul’s Churchyard Camp Representative) and Others CA 22-Feb-2012 The defendants sought to appeal against an order for them to vacate land outside St Paul’s Cathedral … Continue reading Perna v Italy: ECHR 25 Jul 2001

Tashin Acar v Turkey: ECHR 6 May 2003

Hudoc Judgment (Preliminary objections) Government Citations: 26307/95, (2004) 38 EHRR 2, [2003] ECHR 233 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Tahsin Acar v Turkey ECHR 8-Apr-2004 Hudoc Judgment (Merits and just satisfaction) No violation of Art. 2 with regard to disappearance ; Violation of Art. … Continue reading Tashin Acar v Turkey: ECHR 6 May 2003

Appleby and Others v The United Kingdom: ECHR 6 May 2003

The claimants sought to demonstrate against a development in their home town. The respondents who owned the shopping mall which dominated the town centre, refused to allow them to demonstrate in the mall or to distribute protesting leaflets. The claimants complained of interference with their rights to free speech and expression, saying a public authority … Continue reading Appleby and Others v The United Kingdom: ECHR 6 May 2003

Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Regina (Sim) v Secretary of State for the Home Department: Admn 11 Feb 2003

The defendant had been convicted of a serious offence involving violece or sex, and been made subject to a extended sentence. He had been released on licence but recalled, and now challenged the system under which it had been decided that he should serve the balance of the first sentence. Held: The system of extended … Continue reading Regina (Sim) v Secretary of State for the Home Department: Admn 11 Feb 2003

Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003

PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence. Held: The legal adviser was not subject to the same system of appointments as the justices. However the system provided for a right of appeal (section 175) on questions … Continue reading Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003

Jakupovic v Austria: ECHR 6 Feb 2003

ECHR Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – domestic proceedings ; Costs and expenses award – Convention proceedingsThe complainant had come to live in Austria and his family were there. After convictions for burglary and other offences of … Continue reading Jakupovic v Austria: ECHR 6 Feb 2003

Regina (ZL and VL) v Secretary of State for the Home Department and Lord Chancellor’s Department: CA 24 Jan 2003

The applicants’ claims for asylum had been rejected as bound to fail, and under the new Act, they were to be removed from the UK. If they wanted to appeal, they they would have to do so from outside the jurisdiction. The section had been brought into effect before the Act had been formally published. … Continue reading Regina (ZL and VL) v Secretary of State for the Home Department and Lord Chancellor’s Department: CA 24 Jan 2003

Kostova And Apostolov v North Macedonia: ECHR 5 Apr 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 38549/16, [2022] ECHR 304 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 June 2022; Ref: scu.676962

Mediengruppe Osterreich Gmbh v Austria: ECHR 26 Apr 2022

ECHR Judgment : No Article 10 – Freedom of expression-{general} : Fourth Section Citations: 37713/18, [2022] ECHR 316 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 June 2022; Ref: scu.676967

A v The United Kingdom: ECHR 17 Dec 2002

The applicant complained that the absence of legal aid to allow a challenge what had been said about her in Parliament by way of defamation, violated her right of access to court. Held: The right to absolute parliamentary privilege was within the margin of freedom enjoyed by a nation state. The applicant was not left … Continue reading A v The United Kingdom: ECHR 17 Dec 2002

Venema v The Netherlands: ECHR 17 Dec 2002

A young child aged 11 months was separated from her mother because of fears that the mother was suffering from Munchausen syndrome by proxy and would injure her. The child was returned five months later, following medical reports which found that the child’s arrested breathing had a physical explanation and that there was no sign … Continue reading Venema v The Netherlands: ECHR 17 Dec 2002

Regina (N) v Dr M and Others: CA 6 Dec 2002

The patient refused consent to treatment in the form of injection of drugs, which her psychiatrists considered to be necessary. Held: Treatment of this nature infringed the patients rights, and was not to be ordered without clear reason. The doctors had to show that it was a medical necessity, and this had to be shown … Continue reading Regina (N) v Dr M and Others: CA 6 Dec 2002

Regina v Ashton, Lyons and Webber: CACD 6 Dec 2002

The appellants had appealed sentences for conspiracy to murder. There had been an inordinate delay between leave to appeal having been granted, and the appeal being heard. Held: The appellants’ rights had been infringed by the delay, and they had a right to redress. That could be satisfied by a reduction in the sentences of … Continue reading Regina v Ashton, Lyons and Webber: CACD 6 Dec 2002

Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002

(The High Court of Justiciary) The prosecution had accepted that the matter had been the subject of unreasonable delay, but wished to continue. The defendant sought a plea in bar, on the basis that continuing would infringe his rights. Held: Once it was accepted that the delay took the prosecution outside the defendant’s right to … Continue reading Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002

E and Others v The United Kingdom: ECHR 26 Nov 2002

The four applicants had been abused by their stepfather, and sought investigation of the local authority for failing to protect them. They had been compensated by the Criminal Injuries Compensation Authority in part, but now sought a remedy from the local authority ombudsman who denied jurisdiction. Held: Social services should have been aware of the … Continue reading E and Others v The United Kingdom: ECHR 26 Nov 2002

Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

Regina (R) v Mersey Care NHS Trust: QBD 7 Aug 2002

The claimant complained that her continued detention for mental health treatment contravened her human rights. She had been detained compulsorily for treatment. A later assessment provided that she could be at home, with a right to by required to continue treatment as an inpatient. Held: The fact that a continued substantial part of her treatment … Continue reading Regina (R) v Mersey Care NHS Trust: QBD 7 Aug 2002

Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another: SC 17 Dec 2015

The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers. Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the requirements to give reasons both for the authorisation and for the stop and search, make … Continue reading Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another: SC 17 Dec 2015

Regina v Muhamad: CACD 19 Jul 2002

The appellant had been convicted of an offence under the section in that as a bankrupt, he ‘in the two years before the petition, materially contributed to, or increased the extent of, his insolvency by gambling or by rash and hazardous speculations’. The actus reus – the bankruptcy petition and the bankruptcy to which it … Continue reading Regina v Muhamad: CACD 19 Jul 2002

Adams and Others v Lord Advocate: IHCS 31 Jul 2002

(Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights. Held: The Act was not infringing. Fox hunting as such was not a private activity protected by the Convention, and the interference with property rights was justified by the balancing interest of preventing cruelty … Continue reading Adams and Others v Lord Advocate: IHCS 31 Jul 2002

HFB and others v Commission: ECFI 20 Mar 2002

1. During the proceedings before the Community Courts internal Commission documents are not to be communicated to the applicants, unless the circumstances of the case are exceptional and the applicants make out a plausible case for the need to do so. That is the case as regards the expert accountant’s report, whose purpose, as a … Continue reading HFB and others v Commission: ECFI 20 Mar 2002

Regina (Noorkoiv) v Secretary of State for the Home Department and Another: CA 30 May 2002

The claimant was a prisoner. He became entitled to be considered for release on parole, but was not released because the Parole Board had not made a decision. Held: The system for consideration of the release of discretionary and life prisoners infringed the human rights of such prisoners, insofar as the consideration of their release … Continue reading Regina (Noorkoiv) v Secretary of State for the Home Department and Another: CA 30 May 2002

KB and Others, Regina (on the Applications of) v Mental Health Review Tribunal: Admn 23 Apr 2002

Damages were claimed by three mental health patients whose rights under Article 5(4) had been infringed because of inordinate delay in processing their claims to mental health review tribunals. Held: Article 5.5 did not make an award of damages mandatory. It was complied with provided that it was possible to make an application for compensation; … Continue reading KB and Others, Regina (on the Applications of) v Mental Health Review Tribunal: Admn 23 Apr 2002

William Faulkner v The United Kingdom: ECHR 4 Jun 2002

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings Citations: 37471/97, [2002] ECHR 481 Links: Bailii Statutes: European Convention on Huma Rights 8 Jurisdiction: Human Rights Cited by: See Also – William Faulkner v The United Kingdom ECHR 10-Mar-2011 A … Continue reading William Faulkner v The United Kingdom: ECHR 4 Jun 2002

Lawal v Northern Spirit Ltd: EAT 6 Oct 1999

The applicant objected that one of the lay members of the Appeal Tribunal had, on other occasions, sat with a recorder who, as counsel, was appearing for a party in that appeal. Held: There was no real possibility of bias from this scenario. The tribunal had to be independent and impartial, but mere generalised allegations … Continue reading Lawal v Northern Spirit Ltd: EAT 6 Oct 1999

Farrakhan, Regina (on the Application of) v Secretary of State for the Home Department: CA 30 Apr 2002

The applicant sought admission to the UK. In the past he had made utterances which were capable of being racist. He claimed to have recanted, and had given undertakings as to his behaviour. At first instance it was held that the Home Secretary had failed to demonstrate an objective reason for refusing admission. It was … Continue reading Farrakhan, Regina (on the Application of) v Secretary of State for the Home Department: CA 30 Apr 2002

Fawdry and Co (A Firm) v Murfitt: CA 14 May 2002

The judge at first instance who was ticketed to sit as a judge in the Technology and Construction Court, had been asked to sit as a judge of the High Court to take this case. The appellant said she was acting outside her powers. Held: The court considered the comon law doctrine of de facto … Continue reading Fawdry and Co (A Firm) v Murfitt: CA 14 May 2002

Smith v Procurator Fiscal, Dumbarton: HCJ 28 Sep 2001

The appellant challenged her common law public order conviction, on the basis that the charge did not provide a clear definition of what amounted to the offence, and so infringed her human rights. Judges: Lord Coulsfield and Lord Osborne and Lord Sutherland Citations: [2001] ScotHC 121 Links: ScotC, Bailii Statutes: European Convention on Hman Rights … Continue reading Smith v Procurator Fiscal, Dumbarton: HCJ 28 Sep 2001

Regina (Amin) v Secretary of State for the Home Department; Regina (Middleton) v Coroner for West Somersetshire: CA 27 Mar 2002

A prisoner had been killed in his cell by a cell-mate known to be unstable and racist. His family sought to be involved in the inquiry into the death within the prison system. A second prisoner hanged himself in his cell. His family alleged that he should have been kept on suicide watch. The coroner … Continue reading Regina (Amin) v Secretary of State for the Home Department; Regina (Middleton) v Coroner for West Somersetshire: CA 27 Mar 2002

Bumbes v Romania: ECHR 3 May 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Fourth Section Citations: 18079/15, [2022] ECHR 333 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 June 2022; Ref: scu.676982

Regina (Persey and Others) v Secretary of State for Environment, Food and Rural Affairs: Admn 15 Mar 2002

The applicants sought an order that the government enquiries into the foot and mouth outbreak should be held in public. They argued that the need to re-establish public faith made a decision not to hold the enquiries in public irrational, and that a failure to hold the enquiry in public infringed the applicant’s human rights. … Continue reading Regina (Persey and Others) v Secretary of State for Environment, Food and Rural Affairs: Admn 15 Mar 2002

Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002

The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under Dutch law was different, with all benefits deducted from any compensation awarded. … Continue reading Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002

London Regional Transport, London Underground Limited v Mayor of London Transport for London: CA 24 Aug 2001

The claimants sought an interlocutory injunction restraining the defendants from publishing a report in breach of a contractual duty of confidence. This was granted but then discharged on the defendant undertaking only to publish a redacted version. On an application for permission to appeal, it was alleged that Sullivan J had wrongly conducted a balancing … Continue reading London Regional Transport, London Underground Limited v Mayor of London Transport for London: CA 24 Aug 2001

Dyer v Watson and Burrows: PC 29 Jan 2002

Parties challenged the compliance of proceedings with the convention where there had been considerable delay. Held: The reasonable detention provision (article 5(3)) and the reasonable time requirement (article 6(1)) conferred free-standing rights, which could be broken notwithstanding absence of effect on the fairness of the trial. The threshold for delay was high, but once established … Continue reading Dyer v Watson and Burrows: PC 29 Jan 2002

Regina v Benjafield, Regina v Leal, Regina v Rezvi, Regina v Milford: HL 24 Jan 2002

Statutory provisions which reversed the burden of proof in cases involving drug smuggling and other repeat offenders, allowing confiscation orders to be made were not necessarily in contravention of the article 6 right. However the question of whether the statutory provision infringed the right to a fair trial was for each particular case which came … Continue reading Regina v Benjafield, Regina v Leal, Regina v Rezvi, Regina v Milford: HL 24 Jan 2002

Regina v Rezvi: HL 24 Jan 2002

Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. Are applications for confiscation orders criminal proceedings under the Convention, and if so do the assumptions … Continue reading Regina v Rezvi: HL 24 Jan 2002

Matthews v The Ministry of Defence: QBD 22 Jan 2002

The claimant sought damages for asbestos related diseases, incurred whilst working as an engineer in the Royal Navy. He claimed that the bar on claiming against the Crown infringed his rights to a remedy. The 1987 Act removed the bar to a claim, but not retrospectively. Section 10 of the 1947 Act created a new … Continue reading Matthews v The Ministry of Defence: QBD 22 Jan 2002

Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson: CA 25 Jan 2002

Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights Act. The service of the original notice to quit, engaged the Human Rights Act, but the action taken was lawful … Continue reading Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson: CA 25 Jan 2002

Zagidulina v Russia: ECHR 2 May 2013

The Court limited itself to article 5(1)(e), when it stated that: ‘the notion of ‘lawfulness’ in the context of article 5(1)(e) of the Convention might have a broader meaning than in national legislation. Lawfulness of detention necessarily presumes a ‘fair and proper procedure’, including the requirement ‘that any measure depriving a person of his liberty … Continue reading Zagidulina v Russia: ECHR 2 May 2013

Langton, Allen, Regina (on the Application of) v Department for the Environment, Food and Rural Affairs and Another: Admn 17 Dec 2001

The claimants were farmers, who had been made subject to orders under the Act. They had accumulated maggot waste on their land. The second defendant accepted that the waste included material which would be high risk under the Directive. The defendant had entered the claimant’s land to execute works required under the notice, and the … Continue reading Langton, Allen, Regina (on the Application of) v Department for the Environment, Food and Rural Affairs and Another: Admn 17 Dec 2001

Percy v Director of Public Prosecutions: Admn 21 Dec 2001

The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, that she had no intention to cause alarm or distress, … Continue reading Percy v Director of Public Prosecutions: Admn 21 Dec 2001

Interbrew SA v Financial Times Ltd and Others: ChD 19 Dec 2001

The claimant was involved in takeover proceedings. Certain confidential documents were taken, doctored, and released to and published by the defendants who now resisted orders for disclosure of the source. Held: The court must balance the right of freedom of expression, and the private rights of the claimants. The court should start from an assumption … Continue reading Interbrew SA v Financial Times Ltd and Others: ChD 19 Dec 2001

Fleurose v The Securities and Futures Authority Ltd, The Disciplinary Appeal Tribunal of the Securities & Futures Authority Ltd: CA 21 Dec 2001

The applicant sought to challenge a decision suspending him from authorisation to act as a financial adviser. He was alleged to have sought to affect the Index of share values in order that his company should not be liable under certain options. He said the decision was in effect a criminal decision. Held: It was … Continue reading Fleurose v The Securities and Futures Authority Ltd, The Disciplinary Appeal Tribunal of the Securities & Futures Authority Ltd: CA 21 Dec 2001

Jalloh, Regina (on the application of) v Secretary of State for the Home Department: SC 12 Feb 2020

Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971. Held: The Court of Appeal in Austin and in Walker were right to say that there could be imprisonment at common law … Continue reading Jalloh, Regina (on the application of) v Secretary of State for the Home Department: SC 12 Feb 2020

Secretary of State for the Home Department v JJ and others: HL 31 Oct 2007

The Home Secretary appealed against a finding that a non-derogating control order was unlawful in that, in restricting the subject to an 18 hour curfew and otherwise severely limiting his social contacts, the order amounted to such a deprivation of liberty as to be unlawful. Held: The appeal failed. When looking at the lawfulness of … Continue reading Secretary of State for the Home Department v JJ and others: HL 31 Oct 2007

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Okuyucu v Turkey: ECHR 3 May 2022

ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 78510/11, [2022] ECHR 338 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 June 2022; Ref: scu.676988