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Gaddafi v Telegraph Group Ltd: CA 28 Oct 1998

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

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

(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

Government of United States of America v Montgomery and Montgomery: CA 8 Jul 1998

Appeal from restraint orders. Citations: [1998] EWCA Civ 1175, [1999] 1 All ER 84 Links: Bailii Statutes: Criminal Justice Act 1988 97 Jurisdiction: England and Wales Citing: See also – Government of the United States of America v Barnette and another Admn 2002 The applicant sought to register, under the Act, an order against the … Continue reading Government of United States of America v Montgomery and Montgomery: CA 8 Jul 1998

Reynolds TD v Times Newspapers Ltd; Ruddock and Witherow: CA 8 Jul 1998

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

Shah and Another v Standard Chartered Bank: CA 2 Apr 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

Regina v Secretary of State for Trade and Industry Ex Parte McCormick: CA 10 Feb 1998

Statements made under compulsion could be used in disqualification proceedings at discretion of the Secretary of State. Citations: Gazette 01-Apr-1998, Times 10-Feb-1998, Gazette 11-Mar-1998 Statutes: Company Directors Disqualification Act 1985 Jurisdiction: England and Wales Cited by: Cited – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at … Continue reading Regina v Secretary of State for Trade and Industry Ex Parte McCormick: CA 10 Feb 1998

Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

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

Regina v Thomas, Regina v Flannagan: CACD 24 Jul 1998

Section allowing admission of documentary evidence was not a breach of requirements of European Convention on Human Rights. Reading of statements allowed where witness in fear. Judge given sufficient balancing discretion to follow convention Citations: Times 24-Jul-1998 Statutes: Criminal Justice Act 1988 23 24 825 26 Jurisdiction: England and Wales Human Rights Updated: 25 October … Continue reading Regina v Thomas, Regina v Flannagan: CACD 24 Jul 1998

Gautrin And Others v France: ECHR 20 May 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1 (public hearing); Violation of Art. 6-1 (impartial tribunal); Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings Citations: (1998) 28 EHRR 196, … Continue reading Gautrin And Others v France: ECHR 20 May 1998

AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011

UTIAC 1) Whilst section 2 of the Human Rights Act 1998 and its associated case law requires United Kingdom tribunals in general to give effect to the jurisprudence of the European Court of Human Rights, including that Court’s guidance on how to approach evidence in international protection cases, the weighing of evidence and the drawing … Continue reading AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011

Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party … Continue reading Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

Aka v Turkey: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of P1-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses – claim rejected Citations: 19639/92, [1998] ECHR 86 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 28 July 2022; Ref: scu.165678

London and Quadrant Housing Trust v Weaver, Regina; Equality and Human Rights Commission intervening: CA 18 Jun 2009

The Trust appealed against a finding that in terminating an assured tenancy transferred to it from a local authority, it had acted as a hybrid public authority and was subject to controls under the 1998 Act. Held: (Rix LJ dissenting). The appeal failed. When dealing with social tenants, the trust exercised a public law function. … Continue reading London and Quadrant Housing Trust v Weaver, Regina; Equality and Human Rights Commission intervening: CA 18 Jun 2009

In Re Swaptronics Ltd: ChD 24 Jul 1998

A party who was in contempt of court should not be debarred from continuing to take a proper part in a court action unless that contempt was serious enough seriously to interfere with the fair conduct of the trial. ‘The courts need powers of punishment with which to enforce their orders. The ones they have … Continue reading In Re Swaptronics Ltd: ChD 24 Jul 1998

McLeod v The United Kingdom: ECHR 23 Sep 1998

A Police Officer assisting in recovery of items ordered to be returned in matrimonial proceedings acted in excess of his powers and trespassed in entering house where there was no immediate threat of breach of the peace, and no sight of disorder. An interference with private life by the police must be objectively justified under … Continue reading McLeod v The United Kingdom: ECHR 23 Sep 1998

In the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail: Admn 21 May 1997

Citations: [1997] EWHC Admin 490 Links: Bailii Statutes: Extradition Act 1989 Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Home Department ex parte Launder Admn 6-Aug-1996 The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. . . See Also – … Continue reading In the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail: Admn 21 May 1997

Petra v Romania: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Violation of Art. 25; Non-pecuniary damage – financial award Citations: [1998] ECHR 93, 27273/95 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 24 July 2022; Ref: scu.165665

Demir and Others v Turkey: ECHR 23 Sep 1998

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (non-exhaustion); Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses – claim rejected; Violation of Art. 5-3. Citations: 21380/93, [1998] ECHR 88, 21381/93 Links: Woldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 July 2022; … Continue reading Demir and Others v Turkey: ECHR 23 Sep 1998

X v United Kingdom: ECHR 19 Jan 1998

The complainant said that the system under which he had been declared unfit to be involved in the management of an insurance company was unfair. Citations: 28530/95, [1998] ECHR 117, (1998) 25 EHRR CD88, 25 EHRR CD88 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Wright and Others, … Continue reading X v United Kingdom: ECHR 19 Jan 1998

Portington v Greece: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings. Citations: [1998] ECHR 94, 28523/95 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 21 July 2022; Ref: scu.165676

Lehideux And Isorni v France: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings Citations: [1998] ECHR 90, 24662/94 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – Callaghan v Independent News and Media Ltd QBNI 7-Jan-2009 callaghan_inmQBNI2009 The claimant was convicted in … Continue reading Lehideux And Isorni v France: ECHR 23 Sep 1998

LCB v United Kingdom: ECHR 9 Jun 1998

The applicant’s father had been present on Christmas Island during British nuclear tests. She was diagnosed with leukaemia. She claimed the UK had been should have warned her parents of the risks associated with exposure to radiation and monitored her health. Held: The applicant had not proved that her father had actually been exposed to … Continue reading LCB v United Kingdom: ECHR 9 Jun 1998

Steel and Others v The United Kingdom: ECHR 23 Sep 1998

The several applicants had been arrested in different circumstances and each charged with breach of the peace contrary to common law. Under the Magistrates’ Court Act 1980, the court can bind over a Defendant to keep the peace, if the Defendant consents, and impose a sentence of up to 6 months’ imprisonment if the Defendant … Continue reading Steel and Others v The United Kingdom: ECHR 23 Sep 1998

IA v France: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; No violation of Art. 6-1; Pecuniary damage – claim rejected; Costs and expenses award – Convention proceedings Citations: [1998] ECHR 89, 28213/95 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 18 July 2022; Ref: scu.165661

A Practitioner v Customs and Excise: VDT 12 Dec 2003

PROCEDURE – hearing in public or private – VAT Tribunals Rules 1986 r 24(1) – assessment to recover allegedly over-claimed input tax – VATA 1994 ss 25, 26, VAT Regs 1995, reg 29, Sixth Directive art 18 – Human Rights Convention arts 6 and 8 – appellant a sole practitioner solicitor – application for hearing … Continue reading A Practitioner v Customs and Excise: VDT 12 Dec 2003

Castillo Algar v Spain: ECHR 28 Oct 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings Citations: [1998] ECHR 99, 28194/95 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 13 … Continue reading Castillo Algar v Spain: ECHR 28 Oct 1998

McDonald, Regina (on the Application of) v Manchester Crown Court; Others: Admn 9 Nov 1998

Each defendant challenged decisions to extend the custody time limits. Judges: Lord Bingham of Cornhill LCJ, Collins J Citations: [1998] EWHC 319 (Admin) Links: Bailii Statutes: European Convention of Human Rights 5, Bail Act 1976 4(1), Prosecution of Offences (Custody Time Limits) Regulations 1987 Jurisdiction: England and Wales Criminal Practice, Human Rights Updated: 12 July … Continue reading McDonald, Regina (on the Application of) v Manchester Crown Court; Others: Admn 9 Nov 1998

Iraklar v Turkey: ECHR 28 Oct 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Not necessary to examine Art. 6-3-d; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient Citations: [1998] ECHR 100, 19601/92 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 12 July 2022; Ref: scu.165688

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 treatment, and that the police had given undue weight to the right to demonstrate. … Continue reading 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

AIT-Mouhoub v France: ECHR 28 Oct 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (as regards first complaint); Violation of Art. 6-1 (as regards second complaint); Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings Citations: 22924/93, [1998] ECHR 97 Links: Worldlii, Bailii Statutes: European Convention on Human … Continue reading AIT-Mouhoub v France: ECHR 28 Oct 1998

Perez De Rada Cavanilles v Spain: ECHR 28 Oct 1998

ECHR Inadmissibility, for being out of time, of reposicion application against court decision whereby a settlement agreement which the applicant had sought to enforce had been declared voidIn a dispute between the applicant and a neighbour concerning the latter’s view over the applicants property a settlement agreement was concluded between the parties. However, the time-limit … Continue reading Perez De Rada Cavanilles v Spain: ECHR 28 Oct 1998

In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return. Held: The mother’s appeal succeeded. The Convention required an order to be made for the return of a child only where the parent … Continue reading In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

Selauk and Asker v Turkey: ECHR 24 Apr 1998

ECHR Judgment (Merits and just satisfaction) – Preliminary objection rejected; Violation of Art. 3; Not necessary to examine Art. 2; Not necessary to examine Art. 5-1; Violation of Art. 8; Violation of P1-1; Not necessary to examine Art. 6-1; Violation of Art. 13; No violation of Art. 14; No violation of Art. 18; Pecuniary damage … Continue reading Selauk and Asker v Turkey: ECHR 24 Apr 1998

European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

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

Podbielski v Poland: ECHR 30 Oct 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses – claim rejected Citations: [1998] ECHR 105, 27916/95 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 04 June 2022; Ref: scu.165687

Gerrin v France: ECHR 29 Jul 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings Citations: [1998] ECHR 61, 25201/94 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 04 June 2022; Ref: scu.165650

Clooth v Belgium (Article 50): ECHR 5 Mar 1998

Hudoc Judgment (Just satisfaction) Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings; Costs and expenses award – domestic proceedings Citations: [1998] ECHR 15, 12718/87 Links: Bailii Jurisdiction: Human Rights Citing: Cited – Clooth v Belgium ECHR 12-Dec-1991 Hudoc Violation of Art. 5-3; Just satisfaction reserved . … Continue reading Clooth v Belgium (Article 50): ECHR 5 Mar 1998

The United Communist Party of Turkey And Others v Turkey: ECHR 30 Jan 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 11; Not necessary to examine Art. 9; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not necessary to examine Art. 18; Not necessary to examine P1-1; Not necessary to examine P1-3; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation … Continue reading The United Communist Party of Turkey And Others v Turkey: ECHR 30 Jan 1998

Doustaly v France: ECHR 23 Apr 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings Citations: [1998] ECHR 32, 26256/95, [1998] ECHR 32 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165619

F E v France: ECHR 30 Oct 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (access to court); Violation of Art. 6-1 (length of proceedings); Non-pecuniary damage – financial award; Pecuniary damage – financial award Citations: [1998] ECHR 104, 38212/97 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 04 June 2022; Ref: scu.165685

Ahmed And Others v The United Kingdom: ECHR 2 Sep 1998

The restriction on local government officers and other against some political activities were not an infringement of their human rights and fell within the requirements for free expression and for free elections‘The Court recalls that in its above-mentioned Vogt judgment (pp. 25-26, – 52) it articulated as follows the basic principles laid down in its … Continue reading Ahmed And Others v The United Kingdom: ECHR 2 Sep 1998

LCB v The United Kingdom: ECHR 9 Jun 1998

The court had no jurisdiction to consider allegations not raised before the commission or predating a country’s accession to the convention. There was no breach in a failure to record an exposure to radiation in a test. Article 2 imposes substantive obligations not to take life without justification and to establish a framework of laws, … Continue reading LCB v The United Kingdom: ECHR 9 Jun 1998

Le Calvez v France: ECHR 29 Jul 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: [1998] ECHR 62, 25554/94 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 04 June 2022; Ref: scu.165648

Teixeira De Castro v Portugal: ECHR 9 Jun 1998

Mr De Castro had been the target of an unwarranted, unauthorised, unsupervised police operation in which undercover officers incited him to supply drugs. He challenged a conviction for trafficking in heroin, based mainly on statements of two police officers. Held: The necessary inference from the circumstances was that these officers had ‘exercised an influence such … Continue reading Teixeira De Castro v Portugal: ECHR 9 Jun 1998

Vasilescu v Romania: ECHR 22 May 1998

ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Violation of P1-1; Not necessary to examine Art. 8; Not necessary to examine Art. 13; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings Citations: [1998] … Continue reading Vasilescu v Romania: ECHR 22 May 1998

S R v Italy: ECHR 23 Apr 1998

ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings Citations: [1998] ECHR 34, 31648/96 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165617

Fisanotti v Italy: ECHR 23 Apr 1998

ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings Citations: [1998] ECHR 33, 32305/96 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165618

Bernard v France: ECHR 23 Apr 1998

The presumption of innocence is one of the elements of the fair criminal trial required by article 6(1). Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); No violation of Art. 6-1; No violation of Art. 6-2 Citations: [1998] ECHR 31, 22885/93, (1998) 30 EHRR 808 Links: Worldlii, Bailii Cited by: Cited – Sheldrake v … Continue reading Bernard v France: ECHR 23 Apr 1998

Assenov and Others v Bulgaria: ECHR 28 Oct 1998

An allegation of violence by a police officer did require a thorough, impartial and careful investigation by a suitable and independent state authority: ‘The court considers that in these circumstances, where an individual raises an arguable claim that he has been seriously ill treated by the police or other such agents of the State unlawfully … Continue reading Assenov and Others v Bulgaria: ECHR 28 Oct 1998

Yasa v Turkey: ECHR 2 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); No violation of Art. 2; Violation of Art. 2 (effective investigation); Violation of Art. 13; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not necessary to examine Art. 18; Non-pecuniary damage – financial award; Costs and expenses … Continue reading Yasa v Turkey: ECHR 2 Sep 1998

Guerra and Others v Italy: ECHR 19 Feb 1998

(Grand Chamber) The applicants lived about 1km from a chemical factory which produced fertilizers and other chemicals and was classified as ‘high risk’ in criteria set out by Presidential Decree. Held: Failure by a government to release to an affected population details of known pollution risks could amount to breach of their human rights: ‘The … Continue reading Guerra and Others v Italy: ECHR 19 Feb 1998

De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

Matadeen and others v M G C Pointu and others (Mauritius): PC 18 Feb 1998

It is a well recognised canon of construction that domestic legislation, including the Constitution, should if possible be construed so as to conform to international instruments to which the state is party. Lord Hoffmann said: ‘of course persons should be uniformly treated unless there is some valid reason to treat them differently . . The … Continue reading Matadeen and others v M G C Pointu and others (Mauritius): PC 18 Feb 1998

Newlon Housing Trust v Alsulaimen and Another: HL 29 Jul 1998

A tenancy which had been terminated by a notice given by one of the joint tenants had expired. It did not come to an end by any deed, and so was not capable of being set aside by a family court in the course of divorce proceedings. The possession proceedings issued by the landlord could … Continue reading Newlon Housing Trust v Alsulaimen and Another: HL 29 Jul 1998

Regina v Gloucestershire County Council ex parte Radar: Admn 1998

It is not sufficient for an authority to discharge its duty under the Act by writing letters to those affected or potentially affected and offering them reassessment. Carnwath J said: ‘In some areas of the law that might be an adequate response, where those affected can be assumed to be capable of looking after their … Continue reading Regina v Gloucestershire County Council ex parte Radar: Admn 1998

Regina v Secretary of State for the Home Department ex parte Launder: QBD 18 Mar 1998

Speciality protection requirement satisfied by undertaking for re-surrender given by Hong Kong Chief Executive, despite excess time on bail. For the purposes of a challenge to extradition under domestic law, an applicant for habeas corpus is to be treated as effectively in custody. Judges: Simon Brown LJ, Mance J Citations: Gazette 18-Mar-1998, [1998] EWHC Admin … Continue reading Regina v Secretary of State for the Home Department ex parte Launder: QBD 18 Mar 1998

In re A (permission to remove child from jurisdiction: human rights): CA 2000

The mother had been given leave by the Recorder to remove a ten month old girl permanently from the jurisdiction to the United States in circumstances where the mother`s job prospects were better in New York than in England. The father, (in person) raised the question of a breach of his right under Article 8(1). … Continue reading In re A (permission to remove child from jurisdiction: human rights): CA 2000

Salgueiro da Silva Mouta v Portugal: ECHR 1 Dec 1998

A homosexual claimed that an award of custody of his daughter to her mother was an unjustified interference with his right to respect for family life, and also with his right to respect for his private life since he was required in respect of his right of access to his daughter to conceal from her … Continue reading Salgueiro da Silva Mouta v Portugal: ECHR 1 Dec 1998

Prosecutor v Furundzija: ICT 10 Dec 1998

The status of the prohibition on State torture as a rule of jus cogens has the consequence that at the inter-State level, any legislative, administrative or judicial act authorising torture is illegitimate. Furthermore, the prohibition on State torture imposes obligations owed by States erga omnes, to all other States which have a corresponding right and … Continue reading Prosecutor v Furundzija: ICT 10 Dec 1998

Sheffield and Horsham v The United Kingdom: ECHR 30 Jul 1998

It is within a nation’s margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was critical of the United Kingdom’s apparent failure to take any steps to keep this area … Continue reading Sheffield and Horsham v The United Kingdom: ECHR 30 Jul 1998

Regina v Secretary of State for Home Department ex parte Turgut: CA 27 Oct 1998

The claimant appealed refusal of special leave to remain here after refusal of his application for asylum. Held: In view of the new material before the court it was not unarguable that the Secretary of State had not properly considered the material before him. Leave was given on that point only, and the case adjourned … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 27 Oct 1998

Regina v Secretary of State for Home Department ex parte Abdullah Turgut: Admn 22 May 1998

The appellant sought exceptional leave to remain, having been refused asylum. Held: The issue concerned a Turkish citizen seeking asylum because he feared persecution if he was returned to Turkey, in being a Kurdish draft evader likely to be imprisoned and so subject to torture. ‘The authorities and Courts will view such claims with great … Continue reading Regina v Secretary of State for Home Department ex parte Abdullah Turgut: Admn 22 May 1998

Regina v Radak; Regina v Adjei; Regina v Butler-Rees; Regina v Meghjee: CACD 7 Oct 1998

The court has a discretion to refuse to accept written evidence from a witness abroad who had refused to come here for fear of reprisals, and particularly so where the prosecution had failed to take advantage of procedures which would have allowed the defence to cross examine the witness. Citations: Times 07-Oct-1998 Statutes: European Convention … Continue reading Regina v Radak; Regina v Adjei; Regina v Butler-Rees; Regina v Meghjee: CACD 7 Oct 1998

In re V (a Child) (Care: pre-birth actions): CA 12 Oct 2004

Immediately after a child was born, the social worker began proceedings for it to be taken into care. The judge severely criticised the actions of the social worker before the birth. The local authority now appealed against an order at the conclusion of care proceedings that they should pay each parent damages in the sum … Continue reading In re V (a Child) (Care: pre-birth actions): CA 12 Oct 2004

Stefan v United Kingdom: ECHR 1998

Citations: (1998) 25 EHRR CD130, X Jurisdiction: Human Rights Cited by: Cited – Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009 The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but … Continue reading Stefan v United Kingdom: ECHR 1998

Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

Practice Guidance (Interim Non-disclosure Orders): 1 Jul 2011

The Court gave guidance setting out recommended practice regarding any application for interim injunctive relief in civil proceedings to restrain the publication of information (referred to as an interim non-disclosure order). In particular guidance was provided as to ‘the proper approach to the general principle of open justice in respect of such applications’. Applications which … Continue reading Practice Guidance (Interim Non-disclosure Orders): 1 Jul 2011

Khatun v United Kingdom: ECHR 1 Jul 1998

(Admissibility) The violation of the right to respect for their homes and family and private lives which was alleged by the applicants, arose because of the pollution of the area by dust caused by building works in the Docklands area. A distinction had been made between those applicants with a proprietary interest in the land … Continue reading Khatun v United Kingdom: ECHR 1 Jul 1998

Akdivar And Others v Turkey: ECHR 1 Apr 1998

Hudoc Judgment (Just satisfaction) Claim that an agreement has been reached rejected; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings Citations: 21893/93 Citing: See Also – Akdivar and Others v Turkey ECHR 16-Sep-1996 ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (abuse of process); Preliminary … Continue reading Akdivar And Others v Turkey: ECHR 1 Apr 1998

Osman v The United Kingdom: ECHR 28 Oct 1998

Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998

Szrabjer and Clarke v United Kingdom: ECHR 17 Jun 1998

The applicants were denied the earnings-related element of their pensions while they were in prison, pursuant to s.113(1)(d) of the 1992 Act which I have set out. They claimed violations both of Article 1P, and of Article 14 read with Article 1P. The Commission declared the complaints inadmissible. It held (referring to Gaygusuz) that the … Continue reading Szrabjer and Clarke v United Kingdom: ECHR 17 Jun 1998

Regina v Greater Belfast Coroner, ex parte Northern Ireland Human Rights Commission: CANI 11 May 2001

The Commission was a creation of statute, and had not been given power to intervene in judicial proceedings. The coroner was investigating deaths at Omagh from a terrorist bombing, and the Commission sought to intervene. The Act should not be read restrictively, but nor could provisions be read into it which did not exist at … Continue reading Regina v Greater Belfast Coroner, ex parte Northern Ireland Human Rights Commission: CANI 11 May 2001

Regina (Director of Public Prosecutions) v Acton Youth Court: QBD 21 Jun 2001

It was not normally necessary for magistrates to excuse themselves from further involvement in a case after making preliminary rulings on a request for public immunity certificates. The purpose of that ex parte hearing was to ensure the protection of the defendant. Indeed knowing of that original application might allow the defendant greater protection. The … Continue reading Regina (Director of Public Prosecutions) v Acton Youth Court: QBD 21 Jun 2001

In Re F (Minors) (Care Proceedings): Contact): FD 22 Jun 2000

The powers given to local authorities over children in care and the arrangements for contact are compliant with the human rights act. The balancing act between the child’s best interests and those of the mother had been correctly applied. Citations: Times 22-Jun-2000 Statutes: Human Rights Act 1998 Children, Local Government, Human Rights Updated: 08 April … Continue reading In Re F (Minors) (Care Proceedings): Contact): FD 22 Jun 2000

Ajayi v Abu and Another (Labour Exploitation : Human Trafficking : Modern Slavery): QBD 31 Jul 2017

labour exploitation – human trafficking – modern slavery – domestic servitude – minimum wage – domestic worker – employee rights -Immigration and Nationality Directorate – terms and conditions – wage deductions – special hearing arrangements – civil procedure – National Minimum Wage Act 1998 – family worker exemption – UK Visa – ECHR Art. 6 … Continue reading Ajayi v Abu and Another (Labour Exploitation : Human Trafficking : Modern Slavery): QBD 31 Jul 2017

Mentes and Others v Turkey: ECHR 24 Jul 1998

Citations: [1998] ECHR 57 Links: Bailii Jurisdiction: Human Rights Citing: See Also – Mentes and Others v Turkey ECHR 28-Nov-1997 ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Not necessary to examine Art. 5; Not necessary to examine Art. 6; Violation of Art. 13; No violation of Art. 14; No . . Lists … Continue reading Mentes and Others v Turkey: ECHR 24 Jul 1998

Petrovic v Austria: ECHR 27 Mar 1998

The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8. Held: The application was dismissed. the court noted that, as society moved towards a more equal sharing of responsibilities … Continue reading Petrovic v Austria: ECHR 27 Mar 1998

OA and Others (Human Rights; ‘New Matter’; S120 : Nigeria): UTIAC 15 Jan 2019

Human rights appeals (1) In a human rights appeal under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002, a finding that a person (P) satisfies the requirements of a particular immigration rule, so as to be entitled to leave to remain, means that (provided Article 8 of the ECHR is engaged), the Secretary … Continue reading OA and Others (Human Rights; ‘New Matter’; S120 : Nigeria): UTIAC 15 Jan 2019

National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others: 9 Oct 1998

(South African Constitutional Court) Application was made to have declared constitutionally invalid laws against homosexuality. Sachs J held: ‘ There is no good reason why the concept of privacy should, as was suggested, be restricted simply to sealing off from State control what happens in the bedroom, with the doleful subtext that you may behave … Continue reading National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others: 9 Oct 1998

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

Cakabay v Secretary of State for Home Department: CA 30 Jun 1998

[1998] EWCA Civ 1116, [1999] Imm AR 176 Bailii England and Wales Cited by: Cited – BA (Nigeria) v Secretary of State for The Home Department and Others SC 26-Nov-2009 The court was asked whether the expression ‘an asylum claim, or a human rights claim’ in section 92(4)(a) of the 2002 Act includes any second … Continue reading Cakabay v Secretary of State for Home Department: CA 30 Jun 1998

Kopp v Switzerland: ECHR 25 Mar 1998

WCHR Switzerland – monitoring of a law firm’s telephone lines on orders of the Federal Public Prosecutor (sections 66(1 bis) and 77 of the Federal Criminal Procedure Act – ‘the FCPA’)A lawyer’s home telephone was tapped in an investigation of whether his wife was disclosing confidential information from the Department of Justice where she worked … Continue reading Kopp v Switzerland: ECHR 25 Mar 1998

Re Z (A Child : Human Fertilisation and Embryology Act : Parental Order): FC 7 Sep 2015

The court was asked whether, in the light of the 1998 Act, section 54(1) of the 2008 Act should be read down so as to allow parental orders to be made in favour of just one person. Held: It could not. Sir James Munby P FD [2015] EWFC 73 Bailii Human Fertilisation and Embryology Act … Continue reading Re Z (A Child : Human Fertilisation and Embryology Act : Parental Order): FC 7 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

Contrada v Italy: ECHR 24 Aug 1998

Judgment – Article 5-1(c): alleged unlawfulness of detention – ground declared inadmissible by Commission. Article 3: conditions of detention (solitary confinement in military prisons): although applicant had complained from outset that he had been detained for an unreasonable period (Article 5-3), complaint under Article 3 concerned actual conditions of detention, not its length. Court had … Continue reading Contrada v Italy: ECHR 24 Aug 1998

Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

Tinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom: ECHR 10 Jul 1998

Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be compatible with Article 6(1) if it does not pursue a legitimate aim and if there is not … Continue reading Tinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom: ECHR 10 Jul 1998

Loizidou v Turkey: ECHR 28 Jul 1998

Grand Chamber – Turkey – claims for just satisfaction in respect of Court’s finding, in principal judgment, of violation of Article 1 of Protocol No.1 to the Convention I. Entitlement to just satisfaction Court’s finding in principal judgment that denial of access to property in northern Cyprus was imputable to Turkey is res judicata – … Continue reading Loizidou v Turkey: ECHR 28 Jul 1998

Practice Direction (Family Proceedings: Human Rights): FD 12 Oct 2000

Those seeking to present to the court arguments under the Human Rights Act must produce to the court full and authoritative texts of the cases they relied upon (including texts downloaded from the ECHR Internet site), and cases involving a possible application for a declaration of incompatibility should be allocated to a High Court judge. … Continue reading Practice Direction (Family Proceedings: Human Rights): FD 12 Oct 2000

London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007

The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007

Grant v South West Trains Ltd: ECJ 17 Feb 1998

A company’s ban on the provision of travel perks to same sex partners of employees did not constitute breach of European sex discrimination law. An employer’s policy was not necessarily to be incorporated into the contract of employment. The court said that since the rule applied equally to male and female employees it was not … Continue reading Grant v South West Trains Ltd: ECJ 17 Feb 1998