UTIAC 1. In cases to which the new Immigration Rules introduced as from 9 July 2012 by HC 194 apply, judges should proceed by first considering whether a claimant is able to benefit under the applicable provisions of the Immigration Rules designed to address Article 8 claims. Where the claimant does not meet the requirements … Continue reading Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013
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
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
ECHR Article 3Degrading treatmentInhuman treatmentContinued enforcement in United Kingdom pursuant to prisoner transfer agreement of lengthy sentence imposed by Thai courts: inadmissibleArticle 5Article 5-1Deprivation of libertyArticle 5-1-aAfter convictionContinued enforcement in United Kingdom pursuant to prisoner transfer agreement of lengthy sentence imposed by Thai courts: inadmissibleFacts – Both applicants were detained in prisons in the United … Continue reading Willcox and Hurford v The United Kingdom: ECHR 8 Jan 2013
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
(Grand Chamber) The complainants were husband and wife. They had been married whilst the husband served a sentence of life imprisonment. They had been refused suport for artificial insemination treatment. Held: The claim succeeded. The refusal infringed their human right to family and private life. The refusal had been on the basis that the couple’s … Continue reading Dickson and Another v United Kingdom: ECHR 15 Dec 2007
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
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers. Held: the respondent sought to rely upon what was no more than a slip of … Continue reading Davidson v Scottish Ministers: HL 15 Dec 2005
