Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. … Continue reading Lawal v Northern Spirit Limited: HL 19 Jun 2003
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
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
A notice of the Law Society’s suspicion of dishonesty founding an intervention in a solicitor’s practice, did not need to particularise the acts suspected. Sedley LJ said: ‘it is by common consent a matter for the court’s judgment [on an application under paragraph 6(4) of schedule 1] (I prefer not to use the word discretion … Continue reading Giles v The Law Society: CA 20 Oct 1995
The Secretary of State was not entitled to a Mareva injunction preventing the disposal of assets against a parent pending the issue of a child support assessment. The court refused a freezing order:- (Morritt LJ) ‘The Child Support Act introduced a wholly new framework for the assessment and collection of the sums required for the … Continue reading Department of Social Security v Butler: CA 11 Aug 1995
Children appealed against dismissal of their care proceedings on the basis that the threshold had not been reached. The parents resisted. Held: It could not be said that the decision so plainly wrong that the judge’s conclusion on the facts could be set aside. Citations: [2009] EWCA Civ 853, [2010] 1 FLR 431, [2010] 1 … Continue reading Re MA and Others (Children): CA 31 Jul 2009
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
Hudoc The applicants challenged a retrospective change in employment law under article 6(1). Held: The court stated that while in principle the legislature is not precluded in civil matters from adopting new retrospective provisions to regulate rights arising under existing laws, the principle of the rule of law and the notion of fair trial enshrined … Continue reading Zielinski v France: ECHR 28 Oct 1999
Lord Bingham: ‘The court made plain in Ex p McDonald, as indeed is plain on the face of the statute, that when seeking an extension or a further extension of the custody time limit the Crown must show that there is good and sufficient [reason] for making the extension and that it has acted with … Continue reading Regina v Leeds Crown Court, Ex parte Bagoutie: 31 May 1999
‘The right to determine what shall be done with one’s own body is a fundamental right in our society. The concepts inherent in this right are the bedrock upon which the principles of self-determination and individual autonomy are based. Free individual choice in matters affecting this right should, in my opinion, be accorded very high … Continue reading Malette v Shulman Jobes, In re: 1990
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994
The applicant was arrested in Khartoum by Sudanese security forces and handed over to French police officers who escorted him to France in a French military aircraft. The ECommHR was willing to accept that he was effectively under the authority, and therefore the jurisdiction, of France on SAA principles, notwithstanding that this authority was being … Continue reading Illich Sanchez Ramirez v France: ECHR 24 Jun 1996
ECHR Article 8Positive obligationsArticle 8-1Respect for family lifeRespect for private lifeLack of adequate legal protection in a case concerning a mother’s committal to a psychiatric institution and the placement of her children in care: violationsFacts – The applicant was assisted by the social services from 1996 onwards, having been classified as a disabled person unfit … Continue reading B v Romania (No 2): ECHR 19 Feb 2013
ECHR Article 9-1Manifest religion or beliefConfiscation of cassette player used by prisoner to listen to religious tapes: inadmissibleFacts – The applicant, who was of Baptist confession, was serving a lengthy prison sentence. After reacting to the confiscation of a small radio-cassette player he had received after obtaining good results on a ‘Christian moral education’ programme, … Continue reading Austrianu v Romania: ECHR 12 Feb 2013
A member of Parliament was able to proceed with an action for defamation in respect of matters of which he had been criticised by the appropriate committee in Parliament. The trial would not impeach Parliament though retrying the issues. Lord Woolf MR said: ‘the vice to which Article 9 is directed (so far as the … Continue reading Hamilton v Al Fayed: CA 26 Mar 1999
Where an army doctor was accused of failing to diagnose a serviceman’s ocular cancer, the negligence which caused the consequent injury was caused by the delay in a correct diagnosis, and the treatment fell within the scope of Crown Immunity. Citations: Times 30-Mar-1999, Gazette 21-Apr-1999, [1999] EWCA Civ 1016, [1999] PIQR P204 Statutes: Crown Proceedings … Continue reading Derry v Ministry of Defence: CA 18 Mar 1999
(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his rejection had been based. Held: The complaints were manifestly unfounded. As to Article 8: ‘In … Continue reading Esbester v United Kingdom: ECHR 2 Apr 1993
Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair. Held: The judge was right to hold that his ruling of deliberate flight concluded the question of delay unless it could be said that the … Continue reading Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007
An ex parte application was made to quash a decision by the Advertising Standards Authority upholding a complaint that the applicants in that case were in breach of the British Codes of Advertising and Sales Promotion, and an injunction to prevent the respondents from publishing their adjudication. Popplewell J considered the question whether or not … Continue reading Regina v Advertising Standards Authority Limited ex parte Direct Line Financial Services Limited: Admn 8 Aug 1997
An injunction was not granted to restrain the publication of a decision of the ASA pending the result of a challenge by way of Judicial Review. There is a general principle in our law that the expression of opinion and the conveyance of information will not be restrained by the courts save on pressing grounds. … Continue reading Regina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd: QBD 9 Dec 1992
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: [1999] ECHR 64, 33440/96 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.165740
Application to set aside judgments entered on failure to comply with ‘unless’ orders. Held: Etherton J said: ‘The Court of Appeal has laid down guidance as to the approach of the Court when considering an application for relief from sanctions within CPR r.3.9. The Court, in such a case, must consider each of the nine … Continue reading CIBC Mellon Trust Company and Others v Stolzenberg and Others: ChD 3 Feb 2003
The appellant suffered cerebral palsy. Following a review, he was awarded mobility allowance, and then later the mobility component of Disability Living Allowance for life. He applied for the care element also. The respondent refused the care allowance, but also then superseded and cancelled the mobility element. Held: There had to be a change in … Continue reading Wood v Secretary of State for Work and Pensions: CA 31 Jan 2003
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
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
The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the defendant could establish one of the statutory defences. He argued these should be … Continue reading Norwood v Director of Public Prosecutions: Admn 3 Jul 2003
The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the meeting at which the decision was made contrary to the model code of conduct. Held: On the … Continue reading Richardson and Orme v North Yorkshire County Council: CA 19 Dec 2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003
The claimant, the son of the leader of Libya, sought damages for defamation from the defendant for an article alleging his involvement in criminal activities. The defendant appealed orders striking out certain parts of his defence, and the claimant appealed orders leaving other parts in place. Was there a qualified privilege for the articles because … Continue reading Gaddafi v Telegraph Group Ltd: CA 28 Oct 1998
The Commission, dealing with admissibility, pointed out that noise nuisance could be so severe as to amount to a partial expropriation where it rendered a property unsaleable or unusable, severely affecting its value. Where substantial compensation was payable in a control of use case (involving substantial interference with the applicant’s enjoyment of her property) there … Continue reading S v France: ECHR 1990
(Supreme Court of Canada) Publication in a magazine of an unauthorised photograph of a 17 year old girl sitting on the steps of a public building had violated her right to respect for private life conferred under Article 5 of the ‘Quebec Charter’ of Human Rights and Freedoms. Citations: [1998] 1 SCR 591, (1998), 157 … Continue reading Aubry v Editions Vice-Versa Inc: 9 Apr 1998
The patient had been detained under the Act and was incapable of making an application for her freedom. Held: There was a duty on the state to ensure that mechanisms were made available to a patient to apply to review her continued detention where she was herself incompetent to make such an application. Having been … Continue reading MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004
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
(1) A person (C) in the United Kingdom who makes a human rights claim is asserting that C (or someone connected with C) has, for whatever reason, a right recognised by the ECHR, which is of such a kind that removing C from, or requiring C to leave, would be a violation of that right. … Continue reading Mujahid, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) and The Secretary of State for The Home Department (Refusal of Human Rights Claim): UTIAC 25 Feb 2020
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
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 10; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings Citations: [1990] ECHR 13, 11034/84 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 23 November 2022; Ref: scu.165064
The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission. Held: The appeals failed. The court had diplomatic notes from the US government guaranteeing trial before an ordinary court, and that they would not be designated … Continue reading Ahmad and Aswat v United States of America: Admn 30 Nov 2006
A traditional gypsy family had settled because of ill health, and sought to establish a caravan site. The authority claimed they were no longer to be treated as Gypsy and having the entitlement under the Act. Held: The Act defined ‘Gypsies’ as persons of nomadic habit. It was a question of fact for each planning … Continue reading Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry: CA 19 Jun 2003
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 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
Action for damages for malicious prosecution, misfeasance in public office and breach of s.6 Human Rights Act 1998. It is brought by Mr Phillip Rudall, a solicitor from Swansea who, between January 2002 and July 2013, was the subject of investigation by the South Wales Police Fraud Squad (‘SWP’) and two prosecutions by the Crown … Continue reading Rudall v The Crown Prosecution Service and Another: QBD 30 Nov 2018
The claimants were residents of old people’s homes run by the council and maintained under s21 of the 1948 Act. They objected to the transfer of the homes into the private sector saying that it would infringe their rights to family life, and that the protection afforded to them would be reduced. Held: The claimants … Continue reading Johnson and others v London Borough of Havering and others: CA 30 Jan 2007
The defendant appealed an order for his extradition. He had used his computer in London to access remotely defence and other government computers in the USA, and deleted files and copied others onto his own computer. He had been offered a deal if he agreed to go to the US voluntarily. That offer had been … Continue reading McKinnon v USA and Another: Admn 3 Apr 2007
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 9; Not necessary to examine Art. 10; Pecuniary damage – financial award; Non-pecuniary damage – financial award Citations: [1999] ECHR 169, 38178/97 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High … Continue reading Serif v Greece: ECHR 14 Dec 1999
A local rabbi sought judicial review of the declaration of the Chief Rabbi, following an investigation into allegations of adultery with members of his congregation, that he was religiously and morally unfit to occupy his position. Held: Simon Brown J said: ‘Mr Beloff invites my attention to certain passages in the judgments of the Court … Continue reading Regina v Chief Rabbi of the United Hebrew Congregations of Great Britain and the Commonwealth, Ex parte Wachmann: 1992
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 9; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings Citations: [1996] ECHR 41, 18748/91, (1997) 23 EHRR 387, 2 BHRC 110 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: … Continue reading Manoussakis and Others v Greece: ECHR 26 Sep 1996
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
The plaintiffs appealed against refusal of orders striking out the defences of justification to their libel action. Held: The words complained of bore an accusation of money laundering. A plea of justification based upon a reasonable belief in the claimant’s criminality, could not be established by simply stating that publication had been a repetition of … Continue reading Shah and Another v Standard Chartered Bank: CA 2 Apr 1998
The claimant said that he had been labelled a trouble maker and his details placed on a database made available to companies who subscribed so that they would avoid hiring him. Citations: 52962/11 – Communicated Case, [2013] ECHR 336 Links: Bailii Statutes: European Convention on Human Rights, Trade Union and Labour Relations (Consolidation) Act 1992 … Continue reading Brough v The United Kingdom: ECHR 16 Jan 2013
ECHR Positive obligationsArticle 2-1LifeEffective investigationFailure to establish responsibility of senior officers for conscript’s suicide following incident of hazing: violationFacts – In April 1999 the applicant’s son, who was performing mandatory military service at the time, was found dead, with gunshot wounds to his head, about six hundred metres from his post. A criminal investigation which … Continue reading Mosendz v Ukraine: ECHR 17 Jan 2013
The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to … Continue reading AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003
ECHR Article 10-1Freedom to impart informationCriminal conviction for making public irregular telephone tapping procedures: violationFacts – The first applicant worked in the telephone communications surveillance and recording department of a military unit of the Romanian Intelligence Service (RIS). In the course of his work he came across a number of irregularities. In addition, the telephones … Continue reading Bucur And Toma v Romania: ECHR 8 Jan 2013
ECHR Article 3Degrading treatmentStructural problems resulting in prisoner suffering from mental disorders being held for more than fifteen years in prison psychiatric wing with no hope of change or appropriate medical care: violationFacts – In February 1978 a Criminal Court judgment ruled that the applicant, who had raped his underage sisters, was not criminally responsible … Continue reading Claes v Belgium: ECHR 10 Jan 2013
The court was asked as to the extent of the Secretary of State’s discretion and obligation to consider a person’s Article 6 rights when requested personally to serve a judgment of an overseas court pursuant to a request for mutual legal assistance from the government of the country of that overseas court. The Claimant said … Continue reading Ismail v Secretary of State for Home Department: 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
The applicants complained of the refusal of a visitors permit by the respondent to an eminent Iranian dissident. Held: The appeal was dismissed. Although the decision was an interference in the human rights of the applicants, that intereference had been supported by clear justification. Judges: Arden, Patten, McCombe LJJ Citations: [2013] EWCA Civ 199 Links: … Continue reading Lord Carlile of Berriew and Others, Regina (on The Application of) v Secretary of State for The Home Department: CA 20 Mar 2013
The claimants sought damages for the actions of undercover police officers engaging in sexual activity as part of the investigation. The court now considered the role of the Investigatory Powers Tribunal in dealing with such claims. Held: Such activity fell within ‘personal or other relationship with a person’ for the purposes of section 26(8) of … Continue reading AKJ and Others v Commissioner of Police for The Metroplis and Others: QBD 17 Jan 2013
The defendants appealed grant of an interim injunction to enforce restrictive employment covenants. The second defendant had sold his interest in the claimant company in 2001, but after his consultancy ended, he set up another business, the third defendant. The first defendant had worked for the claimant, but left o work in the third defendant … Continue reading EE and Brian Smith (1928) Ltd v Hodson and others: CA 23 Nov 2007
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
A Discretionary lifer is not entitled to a review by a court of his continued detention. His article five rights were not breached. Where a national court imposed a fixed sentence of imprisonment, the supervision required by article 5.4 was incorporated into that judgment. The court held that the mandatory life sentence belonged to a … Continue reading Wynne v United Kingdom: ECHR 18 Jul 1994
The defendant appealed against his conviction in a case concerning the use of a false passport. The central issue was whether the appellant had a defence based upon the proposition that he was a refugee entitled to asylum in this country. He had been deported to Jamaica, but returned with a forged passport which was … Continue reading Evans, Regina v: CACD 23 Jan 2013
Maurice Kay VP began: ‘It is well-known that asylum applications, even when made promptly on arrival in this country, can take months or even years before final determination through the decision-making and appellate process. This causes familiar problems. Applicants require support and accommodation for substantial periods of time. When the time is particularly prolonged, features … Continue reading Negassi and Another, Regina (on The Application of) v Secretary of State for The Home Department: CA 7 Mar 2013
UTIAC 1. Azerbaijan is a country with high levels of corruption and there is clear evidence that political dissent is not tolerated.2. There is nothing to indicate that the State would in any way penalise unmarried mothers (approximately 10% of mothers) or those who have mixed race children. There are in place some support mechanisms … Continue reading SL (Unmarried Mother With Mixed Race Child) Azerbaijan CG: UTIAC 15 Feb 2013
UTIAC Since August 2009 UKBA has operated a policy relating to the processing and determination of applications under the Points Based System (‘PBS’). This was revised with effect from May 2011. In its policy letter of 19th May 2011, UKBA states that during an unspecified trial stage applicants will be contacted where mandatory evidence is … Continue reading Rodriguez (Flexibility Policy): UTIAC 31 Jan 2013
The claimants were trustees of land. The Respondent had notified the Secretary of State that they considered that part of the land satisfied the criteria to be certifed as being of special scientific interest. They now intended to confirm the notification. The claimants said that they could have considered alternative ways of protecting the land … Continue reading Fisher and Another v English Nature: Admn 4 Jul 2003
The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013
The claimant was facing trial in Bali which would eventually lead to a sentence of death. She complained of inadequate legal assistance before and at the trial. She had been represented by a local lawyer, paid with funds (andpound;5,000) raised by her sister, but who (according to her) spoke little English and had no experience … Continue reading Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 4 Feb 2013
Citations: [1996] ECHR 100, 25803/94 Links: Bailii Statutes: European Convention on Human Rights 3 Cited by: Cited – Selmouni v France ECHR 28-Jul-1999 Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – . .Cited – Selmouni … Continue reading Selmouni v France: ECHR 25 Nov 1996
Execution of judgment Citations: [2009] ECHR 2250, 25803/94, [2009] ECHR 2250 Links: Bailii, Bailii Statutes: European Convention on Human Rights 3 Citing: Cited – Selmouni v France ECHR 25-Nov-1996 . . Judgment – Selmouni v France ECHR 28-Jul-1999 Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. … Continue reading Selmouni v France: ECHR 3 Dec 2009
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
ECHR Article 8 Expulsion Expulsion of long-term resident following series of criminal convictions: no violation Facts – The applicant was born in Estonia in 1978 and lived there on the basis of a temporary residence permit practically all his life until his expulsion in 2011. He did not appear to have ever formally requested Estonian … Continue reading Samsonnikov v Estonia (Summary): ECHR 3 Jul 2012
ECHR Article 8-1 Respect for private life Forced administration of therapeutic drugs in mental institution: violation Article 5 Article 5-1-e Persons of unsound mind Forced confinement in a mental institution: violationFacts – The applicant, a paediatrician, was arrested in October 2004 in connection with criminal proceedings that had been brought against her after she allegedly … Continue reading X v Finland: ECHR 3 Jul 2012
ECHR Article 6 Criminal proceedings Article 6-1 Impartial tribunal Independent tribunal Participation of serving military officer in military criminal court: violation Facts – In 2008 a military prosecutor filed an indictment against the applicant, who at the time was serving in the Turkish Navy, for wilfully disobeying a superior. A military criminal court composed of … Continue reading Ibrahim Gurkan v Turkey (CLIN): ECHR 3 Jul 2012
Citations: 41516/10 – HECOM, [2012] ECHR 1995 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Lauchlan and Another v HM Advocate HCJ 5-Jun-2009 The appellants were charged with murder. They appealed against an extension of time given to allow the prosecution to proceed. Held: The appeal failed. . … Continue reading O’Neill v The United Kingdom: ECHR 13 Nov 2012
Citations: [1997] EWCA Civ 2865, [1998] PIQR P387 Jurisdiction: England and Wales Cited by: Cited – Matthews v Ministry of Defence HL 13-Feb-2003 The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act. Held: Human … Continue reading Quinn v Ministry of Defence: CA 28 Nov 1997
(Commission) When asking whether an action about which complaint is made is ‘according to law’, it is the quality of the law that matters rather than the form it takes which matters. As to the case of Malone, it ‘elucidated the concept of foreseeability and highlighted its importance as a safeguard against the arbitrary application … Continue reading Hewitt and Harman v United Kingdom: ECHR 1991
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (six month period); Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings Citations: 14940/89, (1994) 18 EHRR, [1994] ECHR 12 Links: Worldlii, Bailii Jurisdiction: Human … Continue reading De Silva Pontes v Portugal: ECHR 23 Mar 1994
An order for a journalist to disclose the name of an employee disclosing his employer’s information, may be made where there was a need to identify a disloyal employee. Here drafts of accounts had been released to embarrass the company. The documents involved were stolen, and a return of them would enable identification of the … Continue reading Camelot Group plc v Centaur Communications Limited: CA 23 Oct 1997
A building was erected without planning permission. The local planning authority chose not to serve an enforcement notice but rather had invited an application for retrospective planning permission. Held: The fact that a building has already been constructed before planning permission is sought might lawfully be regarded as a consideration in favour of a permission … Continue reading Regina v Leominster District Council ex parte Pothecary: CA 28 Oct 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
The claimant, a Ukrainian journalist said that he had (contrary to the Ukranian Information Act 1992) been refused access by administrative authorities during the 2004 elections to certain information and meetings. He relied on article 6 because the Ukrainian courts had wrongly failed on procedural grounds to consider the merits of his complaints. Held: The … Continue reading Shapovalov v Ukraine: ECHR 31 Jul 2012
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
The claimant was serving a prison sentence for serious sexual offences. He would not be released until he had completed a sex offenders programme, but one was not made available, delaying his release. Held: ‘The Secretary of State is not under an absolute duty to devise and provide courses for all who want them and, … Continue reading Regina (on the Application of Cawser) v Secretary of State for the Home Department: CA 5 Nov 2003
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault. Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various … Continue reading Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997
Article 6 Civil proceedings Article 6-1 Access to court Lack of right of appeal against sanctions imposed on applicants on basis of UN Security Council resolutions: violation Facts – The first applicant is an Iraqi national who lives in Jordan and manages a company incorporated under Panamanian law and based in Panama (the second applicant). … Continue reading Al-Dulimi and Montana Management In. v Switzerland (Legal Summary): ECHR 26 Nov 2013
The court considered arrangements for an adoption in Northern Ireland where the parent’s consent was withheld. Held: For parental consent to be overriden there had to be shown an overriding need for the decision. Judges: Lech Garlicki P Citations: [2011] ECHR 844, (2012) 54 EHRR 2, [2011] Fam Law 924, [2011] 2 FLR 1236, Links: … Continue reading R And H v The United Kingdom: ECHR 31 May 2011
The claimants sought damages for professional negligence, in having failed to pursue a claim for professional negligence against a previous firm of solicitors who had acted for the claimant. Judges: The Honourable Mr Justice Eady Citations: [2003] EWHC 1091 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Swain v Hillman CA 21-Oct-1999 Strike … Continue reading William Browning, Maureen Browning v Messrs Brachers (A Firm): QBD 15 May 2003
The applicant had been convicted of murder and sentenced to life imprisonment. He had twice previously been released on licence and had his licence revoked. His tarriff had expired The period between reviews of his detention had been two years, but a new system of 15 month intervals was being introduced. He complained that the … Continue reading Murray v The Parole Board Secretary of State for the Home Department: CA 6 Nov 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
The nature of the Secretary of State’s objections and a chance to reply are to be given if the Secretary intends to deny an application for naturalisation. Administrative convenience cannot justify unfairness. The court deprecated ‘fishing expeditons’ by those seeking a judicial review.Woolf LJ MR said: ‘on an application for judicial review there is usually … Continue reading Regina v Secretary of State for Home Department ex parte Fayed: CA 13 Nov 1996
Citations: 20084/07 (Communicated Case), [2012] ECHR 1230 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Radu v Germany (Legal Summary) ECHR 16-May-2013 ECHR Article 5-1-aAfter convictionApplicant’s continued placement in psychiatric hospital after expiry of his prison term: no violationFacts – In 1995 the applicant was convicted of … Continue reading Radu v Germany: ECHR 3 Jul 2012
The case asked what duty the respondent had, in respect of youths sentenced to be detained during Her Majesty’s Pleasure before 30th November 2000, to review their continued detention at regular intervals. A statement said that once a tarriff had been set the Secretary would only consider matters relating to the crime or the defendant’s … Continue reading Regina on the Application of Smith v The Secretary of State for the Home Department: Admn 3 Apr 2003
The applicant sought to have his application for a residence order heard in open court: ‘Article 6 (1) provides for the public hearing and the public pronouncement of judgment of cases, but with the proviso of exclusion of the press and the public from all or part of the trial ‘in the interest of morals, … Continue reading P-B (a Minor) (child cases: hearings in open court): CA 20 Jun 1996
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
A Union’s immunity from action was not lost where employees who had joined the company after the strike ballot had been completed, were encouraged by the union to join in the strike. The constituency defined in section 227(1) must include all members whom it is reasonable for the union to believe will be induced to … Continue reading London Underground Ltd v National Union of Railwaymen, Maritime and Transport Workers (NURMT): CA 9 Oct 1995
A soldier in the Artillery Regiment was serving in Saudi Arabia in the course of the Gulf war. He was injured when he was part of a team managing a Howitzer, which was firing live rounds into Iraq, and he was standing in front of the gun when it was negligently fired by the gun … Continue reading Mulcahy v Ministry of Defence: CA 21 Feb 1996
A notice to quit given by one of two joint tenants was binding on the other tenant despite there having been no consultation between them. Citations: Times 23-Feb-1995, [1996] 1 QB 13 Statutes: Law of Property Act 1925 26-3 Jurisdiction: England and Wales Cited by: Cited – Sims v Dacorum Borough Council CA 24-Jan-2013 Husband … Continue reading Crawley Borough Council v Ure: CA 23 Feb 1995
The court is entitled to refuse a request for judicial review on the sole ground of delay without any requirement of a causal link between the delay and any prejudice. Mere tardiness or incompetence of legal or other advisors is normally not a good ground for the grant of leave to bring a case out … Continue reading Regina v Secretary of State for Health ex parte Furneaux: CA 1994
