‘The Appellant is a Lebanese citizen who claimed asylum in 2000 and was refused asylum in May 2001. When refusing asylum, the Secretary of State certified the asylum claim under paragraph 9(4)(b), Schedule 4 to the Immigration and Asylum Act 1999. Those provisions relate to the asylum claim. There are other provisions within paragraph 9 … Continue reading MM (Certificate and Remittal, Jurisdiction) Lebanon: IAT 31 Jan 2005
The patient did not wish her nearest relative, namely her sister, to be involved with her case and there was evidence that she would be so distressed by the sister being consulted that it could harm her health. The sister likewise did not wish to become involved. Held: When an adult whose mental health is … Continue reading E, Regina (on the Application of) v Bristol City Council: Admn 13 Jan 2005
The appellant had requested the magistrates to state a case as to why they had ruled against his submission that he had no case to answer. The established rule is that they do not have to give such reasons. He argued that the new Human Rights duties required such reasons to be given to allow … Continue reading Moran v Director of Public Prosecutions: Admn 30 Jan 2002
Grand Chamber – Judgment (Merits and just satisfaction) Violation of Art. 10; Not necessary to examine Art. 18 (second applicant); Preliminary objection rejected (non-exhaustion, estoppel); Violation of Art. 6-1; Pecuniary damage – financial award (first applicant); Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – … Continue reading Surek and Ozdemir v Turkey: ECHR 8 Jul 1999
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
The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time. Held: The combination of the various provisions meant that the landlord’s notice had irrevocably been deemed to have been served and on the day it was posted. … Continue reading Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003
The claimant alleged infringement of its copyright in a software system which dealt with airline reservations. It was not said that any code had been copied, but merely that an express requirement of the defendant ordering the system was that it should appear similar to the claimant’s system; it should have its look and feel. … Continue reading Navitaire Inc v Easyjet Airline Co and Another: ChD 30 Jul 2004
(Commission) The applicant complained that the court had refused to allow him to withdraw his plea of guilty: ‘It is in the first place for the domestic authorities to determine rules regulating procedural aspects of criminal proceedings, subject to the supervisory jurisdiction of the Convention organs in considering the fairness of proceedings (cf. the Commission’s … Continue reading RO v United Kingdom: ECHR 11 May 1994
Staughton LJ considered the interpretation of an Act of Parliament to give it retrospective powers: ‘In my judgment the true principle is that Parliament is presumed not to have intended to alter the law applicable to past events and transactions in a manner which is unfair to those concerned in them, unless a contrary intention … Continue reading Secretary of State for Social Security v Tunnicliffe: CA 1991
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his. Held: The right to be referred to the parole board was a statutory right, which was not the same as an article 3 right to liberty and … Continue reading Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004
The claimant had succeeded before the employment tribunal in her claim of race discrimination by the respondent and senior officers. She now appealed the reversal of that judgment. The claimant asked the tribunal to draw inferences of discrimination from her unreasonable treatment. Held: The ability and readiness of a tribunal to infer discriminatory motives from … Continue reading Law Society v Bahl: CA 30 Jul 2004
The defendant challenged a bench warrant issued out of the Chancery Division for his arrest. He said the lack of any written procedure made it non-compliant with his human rights, and a warrant could not be issued without a finding of contempt. Held: The rules did not make any provision, but nonetheless the court had … Continue reading Zakharov and Others v White and Others: ChD 28 Oct 2003
Citations: [2002] EWCA Civ 1231 Links: Bailii Statutes: Town and Country Planning Act 1990 187B, uropean Cinvention on Human Rights 8 Jurisdiction: England and Wales Planning, Human Rights Updated: 21 June 2022; Ref: scu.217416
ECHR Judgment (Merits) – Lack of jurisdiction (complaint inadmissible); No violation of Art. 6-1; Not necessary to examine Art. 13.The court discussed whether article 6 requires a discretion to be given to a judge to make an award of costs in favour of a successful defendant: As to whether a ‘dispute’ over a ‘right’ existed … Continue reading Masson And Van Zon v The Netherlands: ECHR 28 Sep 1995
Citations: (1996) 85 DR 149 Jurisdiction: Human Rights Cited by: Superceded – Karner v Austria ECHR 24-Jul-2003 A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of . … Continue reading Roosli v Germany: ECHR 1996
A company owned subsidiary companies in the printing industry at Maidstone, Basildon and St Albans. Three employees worked for the group. The Maidstone business was transferred in a transfer to which the 1981 Regulations applied. The three employees who worked for the group were not on the list of those employees who were to be … Continue reading Duncan Webb Offset (Maidstone) Ltd v Cooper and Another: EAT 15 Jun 1995
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
The complainant requested information about the London Borough of Tower Hamlet’s responsibility for ensuring the protection of rights under the Human Rights Act 1998 is afforded to those nominated for tenancies. The London Borough of Tower Hamlets (the ‘Council’) said that it did not hold any information that would answer the request. The Information Commissioner … Continue reading Tower Hamlets Council (Decision Notice): ICO 11 Apr 2013
The applicant asserted that his rights had been infringed by the prolonged delay in returning to him possession of an apartment he had let. It had taken from 1993 to April 2001 to complete the judicial proceedings. Held: The court had no reason to differentiate between this and earlier similar cases, and found a breach, … Continue reading Miscioscia v Italy: ECHR 31 Jul 2003
ECHR Judgment (Just Satisfaction) – Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 12325/86, 14992/89 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.227240
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
The appellant sought asylum. He had fled Sri Lanka. He was a Tamil and feared torture if he returned. His application had been rejected because the consequences flowed from his suspected involvement in terrorism, and that was not a Convention reason. Held: Cases involving claims for refugee status under the Convention are particularly fact-sensitive. The … Continue reading Regina v Secretary of State for the Home Department, ex parte Sivakumar: HL 20 Mar 2003
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
The Crown Prosecution Service may voluntarily disclose documents covered by a public interest immunity certificate if the Treasury Solicitor approves. A list should be maintained of all voluntary disclosures. A question about the propriety of the means used to bring the defendant before the court takes precedence over the desire to prosecute. A committal was … Continue reading Regina v Horseferry Road Justices, Ex Parte Bennett (No 2): QBD 12 Nov 1993
The Commission held inadmissible a complaint of substantial delay in granting permission for the family of a refugee to join him in this country, observing: ‘The Commission recalls that delay in proceedings concerning matters of ‘family life’ may raise issues under Article 8 of the Convention. In the case of H. v. the United Kingdom, … Continue reading Askar v United Kingdom: ECHR 1995
Hudoc Judgment (Merits and just satisfaction) Lack of jurisdiction; No violation of Art. 6-1; No violation of Art. 8; Violation of Art. 8; Violation of Art. 6-1 (access); No separate issue under Art. 53; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings … Continue reading Olsson v Sweden (No 2): ECHR 27 Nov 1992
The claimant sought damages for assault. In the course of a tempestuous relationship, she said the respondent had physically assaulted her in Barbados. He was later convicted of soliciting her murder. She sought and was awarded aggravated damages, but the judge failed to explain his award. Held: ‘in cases of assault and similar torts, it … Continue reading Richardson v Howie: CA 13 Aug 2004
The court considered whether there had been effective service of proceedings on defendants in Turkey. Evidence was given as to the effectiveness of such service in Turkish law. Held: The defendant’s application to set aside the judgment in default succeeded. The claimant’s applications in respect of CPR 3.10 and CPR 6.9 were refused. The Civil … Continue reading Basil Shiblaq v Kahraman Sadikoglu (No 2): ComC 30 Jul 2004
A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for life, with a stipulation that he was to leave this inheritance to a son or grandson of a lawful and canonical marriage, failing which the estate was to pass to the children and grandchildren of the testatrix’s … Continue reading Pla and Puncernau v Andorra: ECHR 13 Jul 2004
Maintenance assessment – whether ‘parent with care’ includes step-parent Human rights – application of Human Rights Act 1998 where Secretary of State’s decision before October 2000 and tribunal hearing afterwards Citations: [2002] UKSSCSC CCS – 1306 – 2001 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Regina v Kansal (2) HL 29-Nov-2001 The prosecutor … Continue reading R(CS) 6/03: SSCS 5 Nov 2002
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
The company went into insolvent liquidation. The secretary of state was to make payments to employees and there were other state preferential creditors. At the same time a refund of VAT was due from the Commissioners of customs and Excise. Held: The sums paid out and preferential debts could be set off against the VAT … Continue reading Secretary of State for Trade and Industry v Frid: HL 13 May 2004
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
The appellants variously claimed their convictions should be set aside because the court which had heard their cases was not independent and impartial. They alleged in particular that questions of military discipline and morale would affect the court process making it unfair. The merits of the decision to prosecute were outside the ambit of article … Continue reading Regina v Williams; Regina v Saunby; Regina v Ashby; Regina v Schofield; Regina v Marsh, Regina v Webb; Regina v Leese; Regina v Dodds; Regina v Clarkson; Regina v English: CMAC 30 Jul 2001
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied … Continue reading Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004
The applicants sought to amend earlier pleadings to add a claim that their human rights had been infringed by the 1982 Act, which gave the respondents certain immunities. Held: The Human Rights Act 1998 was not retrospective. At the time when it should have been made, the amendment would have been doomed to failure by … Continue reading Laws and others v The Society of Lloyd’s: CA 19 Dec 2003
EAT Practice and Procedure – Application. The application had been presented timeously at the ET in Edinburgh, but was out of time when retransmitted to Glasgow. The tribunal had found the Edinburgh office to be an area office, and not a regional office and therefore the application was not accepted within the Regulations. The appellant … Continue reading Matheson v Mazars Solutions Ltd: EAT 16 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 Citations: 62175/00, [2003] ECHR 630, [2003] ECHR 634 Links: Worldlii, Bailii Human Rights Updated: 08 June 2022; Ref: scu.190199
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Costs and expenses partial award – Convention proceedingsThe claimant had been dismissed from the Royal Navy after a court martial. He complained that the tribunal did not have sufficient independence. Held: The claimant’s rights were infringed. Though there was facility to appoint a prosecutor … Continue reading Grieves v The United Kingdom: ECHR 16 Dec 2003
Hudoc Judgment (Merits and just satisfaction)The claimant had been dismissed from the RAF after a court martial. He complained that the tribunal was not independent, and that his trial was unfair. Held: The court rejected the submission that no court martial could act independently. There was sufficient separation between the various roles and the chain … Continue reading Cooper v The United Kingdom: ECHR 16 Dec 2003
The magistrates had been taking a deposition, and ordered police officers to be excluded from court. Held: The witness sought not to have to answer questions on the ground that he would be incriminated by his answers. Magistrates should not accept a claim for privilege without investigation. It was insufficient also to accept that this … Continue reading Regina (Crown Prosecution Service, Greater Manchester) v Bolton Justices: QBD 31 Oct 2003
The respondent had been found to be unfairly dismissed. The appellants wished to appeal and sought disclosure of certain documents from the respondent’s solicitors. They now appealed against that refusal. Held: The appeal succeeded. The chairman had failed to give adequate reasons for the refusal, and indeed the order should have been made. The papers … Continue reading Sterlite Industries (India) Ltd v Bhatia: EAT 27 Mar 2003
The Secretary of State’s published policy was that, if legal proceedings were initiated, removal would not be treated as imminent even if it otherwise was. The Secretary of State also had an unpublished policy, namely that information that proceedings were about to be initiated would be disregarded, however credible that information might be. Held: The … Continue reading Nadarajah and Amirhanathan v Secretary of State for the Home Department: CA 8 Dec 2003
Birmingham Council had granted H and W a joint secure tenancy of a three-bedroom home. The marriage broke down and W left with the two children. She obtained a non-molestation order and an ouster order against him. H tried to force his way into the home. W applied to the council, and it provided her … Continue reading Bradney, Birmingham City Council v Birmingham City Council, McCann: CA 9 Dec 2003
In cases involving children, Article 3 provides that the best interests of the child are a primary consideration, not the primary consideration. The court looked at the test for making an interim ASBO: ‘Consideration of whether it is just to make an order without notice is necessarily a balancing exercise. The court must balance the … Continue reading Kenny, Regina (on the Application of) v Leeds Magistrates Court, Leeds City Council: Admn 5 Dec 2003
The nurse suffered bipolar disorder, and was suspended. She wanted to have her suspension reviewed. The rules made no express provision for such an application. Held: The absence of an express power did not mean that such a power did not exist. It did. The refusal in this case was not because the health committee … Continue reading Hamilton, Regina (on the Application of) v UK Central Council for Nursing, Midwifery and Health Visiting and Another: CA 23 Oct 2003
Two defendants appealed in respect of alleged offences under common law of causing a public nuisance. One had sent race hatred material, and the other bomb hoaxes, through the post. Both claimed that the offence was so ill defined as to be an infringement of their rights. Held: The offence of causing a public nuisance … Continue reading Goldstein, Rimmington v Regina: CACD 28 Nov 2003
The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve. Held: In exercising this function, the LCJ was acting in a judicial capacity, and therefore his recommendation was not subject to … Continue reading Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003
The appellant had been found unfit to plead after assaulting his son, and he had been detained under the 1964 Act. He alleged his detention was in breach of his right to a fair trial. His release had been authorised subject to the appointment of a supervising psychiatrist. He complained that his detention was unlawful … Continue reading Regina v Secretary of State for the Home Department and Another ex parte IH: HL 13 Nov 2003
PC (Gibraltar) The system of selecting a criminal jury obliged men to be available for selection, but women could choose not to be on the role of jurors. The result was that jury lists and juries were almost entirely male. Held: (Majority) Since juries are chosen at random from jury lists, a non-discriminatory method of … Continue reading Pilar Aida Rojas v Brian Berllaque: PC 10 Nov 2003
The patient was ordered to be discharged and released from hospital. The tribunal making the order had not accepted the medical recommendations. His release was deferred pending the finding of accommodation, but in the meantime, a social worker applied for his re-admission. Held: The approved social worker could not apply in these circumstances unless he … Continue reading Regina v East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley): HL 13 Nov 2003
Citations: [2003] EWHC 2479 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004 Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the … Continue reading Erskine, Regina (on the Application Of) v Lambeth and Another: Admn 14 Oct 2003
The claimant had sought relief for the injury to her health suffered by condition of her flat. The legal advisers had settled the matter, thinking that the claim had not been timeously served. The defendant appealed an order that the compromise was voidable, being based upon a common mistake of law. Held: ‘Courts should be … Continue reading Margaret Brennan v Bolt Burdon, London Borough of Islington, Leigh Day and Co: QBD 30 Oct 2003
The claimant council sought re-imbursement from the Secretary of the excess housing benefit payments it had made to claimants. The system expected the Council to have made referrals of high rents to rent officers. The respondent had decided that it had been a failure to make such referrals had led to the overpayments, and that … Continue reading Regina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions: Admn 30 Oct 2003
The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention. Held: Such proceedings did engage the applicant’s right to a fair trial. The issue was whether a fair-minded and … Continue reading PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal: Admn 22 Oct 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
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
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
A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of unmarried different-sex partners and unmarried same-sex partners, and that that view is supported by recommendations and legislation of … Continue reading Karner v Austria: ECHR 24 Jul 2003
While the applicant was serving a sentence for possession of obscene material, the 1997 Act came into force, requiring him to register with the police. It was argued that the passing of the Act and its impact on the offender involved a ‘penalty’ within the meaning of Article 7. The registration requirements applied automatically to … Continue reading Ibbotson v United Kingdom: ECHR 1998
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
The claimant appealed against refusal of judicial review. She had entered the UK, and applied for asylum. She was then found to have contracted a marriage of convenience, and thus become ineligible for support. She appealed and now sought housing assistance pending decision on her removal. The authority refused assistance on the basis that she … Continue reading K v London Borough of Lambeth: CA 31 Jul 2003
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review. Held: The decisions of the Farmers Market were open to judicial review. The farmers markets were held on publicly owned land … Continue reading Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd: CA 21 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
A pastor attached to an evangelical protestant centre based in Dublin wished to broadcast an advertisement during the week before Easter 1995, but the broadcast was stopped by the Independent Radio and Television Commission because section 10(3) of the Radio and Television Act 1988 prohibited the broadcasting of any advertisement directed towards any religious or … Continue reading Murphy v Ireland: ECHR 10 Jul 2003
The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires. Held: Property rights protected under the Convention included such rights. The concept of ‘possessions’ in Art. 1 includes a legitimate … Continue reading Stretch v The United Kingdom: ECHR 24 Jun 2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
The claimant had not received the same tax allowance following his wife’s death as would have been received by a woman surviving her husband. That law had been declared incompatible with Human Rtights law as discriminatory, but the respondent refused to make good any claim which had not been originally pursued to the European Court, … Continue reading Regina on the Application of Wilkinson v The Commissioners of Inland Revenue: CA 18 Jun 2003
In each case asylum applicants had been certified as suitable to be returned to the first country at which they had arrived on fleeing their home countries. Held: To determine whether article 8 was engaged given the territoriality principle, the following should be considered. First, the claimant’s case in relation to his private life in … Continue reading Secretary of State for the Home Department, Regina on the Application of Soumahoro; Regina on the Application of Nadarajah; and similar: CA 19 Jun 2003
The applicant challenged the decision of the Immigration Appeal Tribunal which had reversed a decision of an adjudicator and restored the Secretary of state’s decision to deport her. Held: The adjudicator’s decision was acknowledged to be proportionate, and struck a fair balance for the parties. As such it could not be overturned by the IAT. … Continue reading Edore v The Secretary of State for the Home Department: CA 23 May 2003
News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public generally, in freedom of reporting and openness in court hearings. Discrimination … Continue reading Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
In each case claims had been late in being served and extensions in time were sought and refused. Held: The recent authorities were examined. The words ‘has been unable to serve’ in CPR 7.6(3)(a) include all cases where the court has failed to serve, including mere oversight. The court’s discretion might then be exercised according … Continue reading Cranfield and Another v Bridgegrove Ltd; Claussen v Yeates etc: CA 14 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
The defendant appealed against her conviction saying that the Sheriff’s admission of certain evidence was a breach of her human rights. A telephone call from prison had been intercepted (routinely), from which the police had anticipated the importation of drugs to the prison by the defendant. Held: The interception was allowed under the 1989 Act, … Continue reading Dudley v Her Majesty’s Advocate: HCJ 7 Feb 2003
The claimant had been arrested by an officer entering his house to investigate a breach of the peace, then held for two nights. The police believed that he posed no continuing threat, but believed he had to be brought before the magistrates before being released. Held: The fact that a breach of the peace had … Continue reading Williamson v Chief Constable of the West Midlands Police: CA 21 Feb 2003
ECHR Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe complainant said that her rights to a fair trial within a reasonable time, and peaceful enjoyment of her possessions had … Continue reading Malescia v Italy: ECHR 3 Apr 2003
The appellant’s son and two others had been shot dead by police officers. There remained considerable controversy over the circumstances. The matter had been taken to the ECHR which had found the enquiry inadequate. The parties now disputed the steps taken to give effect to that decision. The court held that the 1998 is not … Continue reading In re McKerr: CANI 10 Jan 2003
The applicant had led Kurdish separatists training and leading a gang of armed terrorists. Warrants for his arrest had been taken out in Turkey. He had lived for many years in Syria but then sought political asylum in Greece, Russia and Italy, none of which countries was prepared to allow him to stay. Ultimately, he … Continue reading Ocalan v Turkey: ECHR 12 Mar 2003
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
The court faced the question of, whether if a landlord serves a notice on an assured tenant under section 13(2) of the Act proposing an increase in rent, that will be the rent unless, before the beginning of the new period specified in the notice the tenant refers the notice to a rent assessment committee … Continue reading Regina on the Application of Lester v The London Rent Assessment Committee: CA 12 Mar 2003
The appellant was convicted of the crime of being a parent whose child had failed to attend school regularly. She challenged saying that the offence required no guilty act on her part, but was one of strict liability, and contrary to her human rights. Held: Although the offence is one of strict liability, there is … Continue reading Barnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills: QBD 7 Mar 2003
The parties sought repayment as part of their costs of insurance premiums paid by claimants undertaking litigation. Held: The underwriters charged andpound;140.00 for each case. Claims Direct charged a premium of andpound;1,250.00 for each case, and out of which they paid the underwriters. The underwriters would not insure unless appropriate arrangements were in place for … Continue reading In re Claims Direct Test Cases: CA 12 Feb 2003
The tenants sought to challenge the arbitrator’s award setting the rent payable under the lease. They claimed that he had improperly refered to his own experience of the market, to support his decision, and this committed a serious irregularity under section 68(2). Held: The system of arbitration expected an arbitrator to rely to some extent … Continue reading Checkpoint Ltd v Strathclyde Pension Fund: CA 6 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
The defendant faced charges with others on the same indictment. The judge called a preparatory hearing under the 1996 Act, against the others, but held a separate hearing for the defendant, at which he held a similar preparatory hearing for him alone. The defendant now complained that a separate hearing could not be held for … Continue reading In re Kanaris (application for a writ of Habeas Corpus): HL 30 Jan 2003
(Israel) ( Supreme Court sitting as the High Court of Justice) Justice Barak said: ‘The factual premise is that people are different from one another, ‘no person is completely identical to another’ . . Every person is a world in himself. Society is based on people who are different from one another. Only the worst … Continue reading El-Al Israel Airlines Ltd v Danielowitz, National Labour Court: 30 Nov 1994
(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
The defendant firm of solicitors appealed an order for costs against it based upon a percentage calculation. They sought an issues based costs order. Held: Where there was insufficient information upon which to calculate an issues based costs order, it could be appropriate to make a percentage based order under subsection (f). Whilst issues based … Continue reading Budgen v Andrew Gardner Partnership: CA 31 Jul 2002
The applicants were subject to removal directions following the failures of their applications for asylum had failed. The decisions were made before the Human Rights Act came into effect, but the direction orders were made afterwards. They sought to challenge the directions on Human Rights grounds. Held: They had a right of appeal since the … Continue reading Regina (on the Application of Kanagasingham Kariharan and Kanagara) v Secretary of State for the Home Office: CA 30 Jul 2002
ECJ Competition – Payment of fines – Bank guarantee – Application for interim measures – Suspension of operation of a measure. Citations: T-18/96, [1996] EUECJ T-18/96 Links: Bailii Cited by: See Also – SCK and FNK v Commission ECJ 22-Oct-1997 ECJ Competition – Mobile cranes – Article 6 of the European Convention on Human Rights … Continue reading SCK and FNK v Commission: ECFI 4 Jun 1996
The applicant sought damages from the defendant who had released from custody pending deportation a man convicted of violent sexual crimes and who had then raped her. She appealed against a strike out of her claim. She had been refused information about the decision to release the offender because it was anticipated that her claim … Continue reading K v the Secretary of State for the Home Department: CA 31 May 2002
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
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
The pursuer and his passengers were injured when he drove off a bridge which had been damaged in a severe rainstorm. He claimed in negligence against the police, who had been informed of the collapse of the bridge, but had not erected any warning signs. As a result, a car fell into the river, killing … Continue reading Gibson v Orr, the Chief Constable, Strathlclyde Police: SCS 26 Feb 1999
The appellants appealed their convictions on two grounds. First the judge who had heard the case was an acquaintance of the chief constable of the investigating force, and second evidence had been admitted of tape recordings of non-privileged conversations between defendants whilst in the police station. The Chief Constable had authorised the covert operation, and … Continue reading Mason, Wood, McClelland, Tierney v Regina: CACD 13 Feb 2002
Save in cases involving children and ancillary and other situations requiring it, cases in the family division were not inherently private. The appellant failed to obtain an order that details of an action under the section should not be disclosed by the media. Held: The description of the law at first instance was too wide … Continue reading Allan v Clibbery (1): CA 30 Jan 2002
This case raises, among other matters, an issue about whether reasons for a restricted patient’s recall to detention in a hospital have to be provided orally or in writing. Judges: Dingemans Citations: [2013] EWHC 1784 (Admin), [2015] 2 WLR 256, [2015] 1 QB 385 Links: Bailii Statutes: Mental Health Act 1983 42(3), Human Rights Act … Continue reading Lee-Hirons, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Jun 2013
The applicant had been convicted of murder. He complained to the European Commission of Human Rights that one of the prosecution witnesses had identified him when he was brought into a room where the witness was being questioned. For identification purposes he ought to have been placed in a room along with others of similar … Continue reading Tani v Finland: ECHR 12 Oct 1994
Legislation had been enacted to tax under Schedule E, people employed through one man service companies and similar. Representatives of such taxpayers sought review of the legislation as incompatible with European law being a hindrance to the freedom of movement of workers and also state aid. The law set to catch those who would be … Continue reading Professional Contractors’ Group and Others v Commissioners of Inland Revenue: CA 21 Dec 2001
