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Accession Of The European Union To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: ECJ 13 Jun 2014

ECJ (View Of Advocate General Kokott) Conclusion of international agreements by the European Union – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) – Preservation of the specific characteristics of the European Union and EU law – Maintaining the competences of the European Union … Continue reading Accession Of The European Union To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: ECJ 13 Jun 2014

Fessal v Revenue and Customs (Income Tax/Corporation Tax : Human Rights): FTTTx 26 Apr 2016

FTTTx INCOME TAX – self-assessment – barrister – move from cash to true and fair basis – overpayment tax year between two underpayment tax years – tax paid twice on same profits – application of European Convention on Human Rights and Human Rights Act 1998 – held Section 29 of the Taxes Management Act 1970 … Continue reading Fessal v Revenue and Customs (Income Tax/Corporation Tax : Human Rights): FTTTx 26 Apr 2016

Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015

The court was asked: ‘(1) Do rights under Article 8 of the European Convention on Human Rights and Fundamental Freedoms 1950 (ECHR) survive the making of an adoption order? (2) Did the coming into force in April 2014 of s. 51A Adoption and Children Act 2002 (ACA 2002), which allows the court to make a … Continue reading Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015

Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001

A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act. Held: The prisoner had followed through his rights to petition the governor. Had he done so and failed, … Continue reading Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001

Association For The Defence Of Human Rights In Romania-Helsinki Committee on behalf of Ionel Garcea v Romania: ECHR 24 Mar 2015

ECHR Article 34 Locus standi Standing of non-governmental organisation to lodge an application on behalf of deceased mentally-ill detainee Article 2 Article 2-1 Effective investigation Failure to conduct effective investigation into the death of mentally-ill detainee: violation Facts – The application was lodged by an NGO named the Association for the Defence of Human Rights … Continue reading Association For The Defence Of Human Rights In Romania-Helsinki Committee on behalf of Ionel Garcea v Romania: ECHR 24 Mar 2015

Petition of Andrew Scott and Scott Davidson for Judicial Review of A Decision To Continue Their Detention In Inhumane Prison Conditions: SCS 26 Oct 2001

Each applicant sought an interim order against the Scottish Minister with respect to their treatment in prison. It had been found that the conditions in Barlinnie Prison were inhumane. The Crown responded that the court had no jurisdiction to make such an order. Held: McDonald is binding on the court. An interim order could not … Continue reading Petition of Andrew Scott and Scott Davidson for Judicial Review of A Decision To Continue Their Detention In Inhumane Prison Conditions: SCS 26 Oct 2001

Youth Initiative For Human Rights v Serbia: ECHR 25 Jun 2013

Article 10-1 Freedom to receive information Refusal to allow a non-governmental organisation access to intelligence information despite a binding decision directing disclosure: violation Facts – The applicant was a non-governmental organisation which monitored the implementation of transitional laws with a view to ensuring respect for human rights, democracy and the rule of law. In October … Continue reading Youth Initiative For Human Rights v Serbia: ECHR 25 Jun 2013

Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

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

Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010

ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – Unemployment benefits – Child with the nationality of a Member State – Right of residence of parents who are … Continue reading Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010

European Air Transport v College d’Environnement de la Region de Bruxelles-Capitale: ECJ 17 Feb 2011

ECJ (Opinion) Air transport – Directive 2002/30/EC – Definition of ‘operating restrictions’ – Noise limits at source which must be observed when overflying built-up areas near an airport – Possibility of adopting national rules based on noise levels measured on the ground – Relationship with Directive 2002/49/EC – Convention on International Civil Aviation – Fundamental … Continue reading European Air Transport v College d’Environnement de la Region de Bruxelles-Capitale: ECJ 17 Feb 2011

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 . .

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 . .

London Borough of Brent v C: FD 28 Apr 2016

‘This case raises issues both as to the end-of-life treatment of a very ill child, and as to alleged breaches of rights under the European Convention on Human Rights, in relation to which damages were claimed. ‘ Holman J [2016] EWHC 1335 (Fam) Bailii Children, Human Rights, Health Professions Updated: 17 January 2022; Ref: scu.565529

Bellinger v Bellinger: HL 10 Apr 2003

Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003

Nicklinson and Lamb v The United Kingdom: ECHR 23 Jun 2015

ECHR Article 8-1 Respect for private life Ban on assisted suicide and voluntary euthanasia: inadmissible Facts – The first applicant is the wife of Tony Nicklinson, now deceased, who suffered locked-in syndrome following a stroke. The second applicant was paralysed following a car accident. His condition is irreversible. Both men wish/ed to end their lives … Continue reading Nicklinson and Lamb v The United Kingdom: ECHR 23 Jun 2015

Nicklinson and Lamb v United Kingdom: ECHR 16 Jul 2015

The applicants, suffering life threatening and severely disabling conditions, complained of laws which would allow the criminal prosecutions of those assisting them to end their lives. Guido Raimondi, P 2478/15, [2015] ECHR 709 Bailii European Convention on Human Rights Human Rights Citing: At SC – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014 … Continue reading Nicklinson and Lamb v United Kingdom: ECHR 16 Jul 2015

Gillan and Quinton v The United Kingdom: ECHR 12 Jan 2010

The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed. Held: The powers given to the police were too wide, provided inadequate protection against abuse, and violated the … Continue reading Gillan and Quinton v The United Kingdom: ECHR 12 Jan 2010

Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

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 that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Gaughran v Chief Constable of The Police Service of Northern Ireland (Northern Ireland): SC 13 May 2015

The court was asked as to to the right of the Police Service of Northern Ireland to retain personal information and data lawfully obtained from the appellant following his arrest for the offence of driving with excess alcohol. Held: The appeal failed. The reference to Marper at ECHR was of limited value, since the consideration … Continue reading Gaughran v Chief Constable of The Police Service of Northern Ireland (Northern Ireland): SC 13 May 2015

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Dilks, Regina (on The Application of) v The Secretary of State for Justice and Another: Admn 15 Jan 2015

The Claimant, a serving life prisoner, completed his minimum custodial term in 2010. He had still not yet been released. He contended that he was not provided with a place in open conditions and subsequently a place on temporary licence overnight in premises approved under section 13 of the 2007 Act, because, in breach of … Continue reading Dilks, Regina (on The Application of) v The Secretary of State for Justice and Another: Admn 15 Jan 2015

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

In re J (a Minor) (Wardship: Medical treatment): CA 1 Oct 1990

J was born at 27 weeks’, weighing only 1.1kg. He suffered very severe and permanent brain damage at the time of his birth, the brain tissue then lost being irreplaceable. He was epileptic and the medical evidence was that he was likely to develop serious spastic quadriplegia, would be blind and deaf and was unlikely … Continue reading In re J (a Minor) (Wardship: Medical treatment): CA 1 Oct 1990

Abdullah Yasa And Others v Turkey: ECHR 16 Jul 2013

Article 3 Degrading treatment Inhuman treatment Serious injury to nose caused by tear gas canister fired by police officer: violation Article 46 Article 46-2 Execution of judgment Measures of a general character Facts – The first applicant, who was thirteen at the material time, was struck in the face by a tear gas canister which … Continue reading Abdullah Yasa And Others v Turkey: ECHR 16 Jul 2013

Nicklinson and Another, Regina (on The Application of) v A Primary Care Trust: CA 31 Jul 2013

The claimant had suffered a severe form of locked-in syndrome, and would wish to die. He sought a declaration that someone who assisted him in his siuicide would not be prosecuted for murder. Held: The position in law that voluntary euthanasia was murder, and as to whether the doctrine of necessity provided a defence was … Continue reading Nicklinson and Another, Regina (on The Application of) v A Primary Care Trust: CA 31 Jul 2013

Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Gross v Switzerland: ECHR 14 May 2013

gross_switzerlandECHR2013 ECHR Article 8 Positive obligations Article 8-1 Respect for private life Lack of clear legal guidelines regulating the prescription of a drug to enable individual not suffering from a terminal illness to commit suicide: violation Facts – For many years, the applicant had expressed the wish to end her life as she was becoming … Continue reading Gross v Switzerland: ECHR 14 May 2013

Pretty v The United Kingdom: ECHR 29 Apr 2002

Right to Life Did Not include Right to Death The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not the antithesis of the right … Continue reading Pretty v The United Kingdom: ECHR 29 Apr 2002

Nicklinson v Ministry of Justice and Others: QBD 12 Mar 2012

The claimant suffered locked-in syndrome and sought relief in a form which would allow others to assist him in committing suicide. The court considered whether the case should be allowed to proceed rather than to be struck out as hopeless. Held: The case was arguable and should be allowed to proceed: ‘However, the point that … Continue reading Nicklinson v Ministry of Justice and Others: QBD 12 Mar 2012

Regina (on the Application of Pretty) v Director of Public Prosecutions and Secretary of State for the Home Department: HL 29 Nov 2001

The applicant was terminally ill, and entirely dependent upon her husband for care. She foresaw a time when she would wish to take her own life, but would not be able to do so without the active assistance of her husband. She sought a proleptic permission, a promise that he would not be prosecuted. Held: … Continue reading Regina (on the Application of Pretty) v Director of Public Prosecutions and Secretary of State for the Home Department: HL 29 Nov 2001

Hirst v United Kingdom (2): ECHR 6 Oct 2005

(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting. Held: Voting is a right not a privilege. It was a right central in a democratic society. Though the right is not absolute, any limitation had to be … Continue reading Hirst v United Kingdom (2): ECHR 6 Oct 2005

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015

The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence of the Welsh Assembly, in that it did not relate to any of the subjects listed … Continue reading Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015

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

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 irrational, or for no reason … Continue reading Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital: HL 21 Feb 1985

Inglis, Regina v: CACD 12 Nov 2010

The appellant was mother of the victim. He had suffered catastrophic injuries. She had tried to end his life in a ‘mercy killing’, but was discovered, charged with attempted murder, and released on bail. On a second occasion she injected him with a lethal dose of heroin. She now appealed against conviction saying her defence … Continue reading Inglis, Regina v: CACD 12 Nov 2010

Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007

The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1. Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion by state agents into the private sphere within which they expected to be … Continue reading Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007

Elliniki Radiophonia Tileorass-AE v Plisofatissis and Kouvelas: ECJ 18 Jun 1991

ellinikiECJ1991 National measures adopted in order to give effect to Community rights must themselves comply with the fundamental principles of Community law: ‘With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth questions, it must first be pointed out that, as the Court has consistently held, … Continue reading Elliniki Radiophonia Tileorass-AE v Plisofatissis and Kouvelas: ECJ 18 Jun 1991

Locabail (UK) Ltd, Regina v Bayfield Properties Ltd: CA 17 Nov 1999

Adverse Comments by Judge Need not be Show of Bias In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The … Continue reading Locabail (UK) Ltd, Regina v Bayfield Properties Ltd: CA 17 Nov 1999

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

Woolwich Equitable Building Society v Inland Revenue Commissioners (2): HL 20 Jul 1992

The society had set out to assert that regulations were unlawful in creating a double taxation. It paid money on account of the tax demanded. It won and recovered the sums paid, but the revenue refused to pay any interest accrued on the sums paid. The Society sought to challenge the decision by judicial review. … Continue reading Woolwich Equitable Building Society v Inland Revenue Commissioners (2): HL 20 Jul 1992

Rex v Croft: CCA 1944

A person who was present at the suicide of another and who assisted or encouraged the suicide, is guilty of murder as a principal in the second degree. The survivor of a suicide pact was properly convicted of murder. The court considered liability . .