This Appeal raises a point of public importance, namely the scope and applicability of the doctrine of judicial immunity under section 9 (3) HRA 1998; and whether, in this case, that statutory immunity bars the Appellants’ cause of action against the Secretary of State in respect of the consequences of a meeting between the police … Continue reading Begraj and Another v Secretary of State for Justice: QBD 12 Feb 2015
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
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 appellant challenged his conviction saying that there had been too long a delay in his trial. Judges: Lady Paton, Lord Mackay of Drumadoon, Lady Cosgrove Citations: [2012] ScotHC HCJAC – 161, 2013 SLT 126, 2013 SCCR 67, 2013 GWD 1-21, 2013 SCL 128 Links: Bailii Jurisdiction: Scotland Citing: Cited – Attorney-General’s Reference (No 2 … Continue reading Her Majesty’s Advocate v CAM: ScSf 21 Nov 2012
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
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
The defendant appealed against an anti-social behaviour order. He had been a journalist, and began a private newsletter and campaign alleging amongst other things corruption in the police. He complained that his article 10 rights had been infringed. Held: The order was quashed. Pitchford LJ said: ‘that separate issues arise out of these blogs. In … Continue reading Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012
The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was said to have accused another of asking her to lie for him. It was said that … Continue reading HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007
It was said that a squad of the British army had caused the deaths of 24 civilians in 1948 in Batang Kali (now part of Malaysia. Held: No inquiry was required. It was a matter of discretion, and there were no sustainable reasons for overturning the decisions of the respondents. Judges: Sir John Thomas P, … Continue reading Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: Admn 4 Sep 2012
The claimants sought judicial review of schemes which they said appeared to require them to work for free in order to claim Jobseekers Allowance. Held: Judicial review was granted. There had been a breach of regulation 4(2) of the 2011 Regulations, because the Secretary of State had breached regulation 4(2), by the failure to provide … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012
The Court considered a dependency claim by a person who had cohabited with the deceased for 6 months prior to death. The claim was for a declaration of incompatibility in relation to the 2 year + cohabitee provision in s.1 of the FAA which, the claimant said, discriminated against her and violated her rights under … Continue reading Swift v Secretary of State for Justice: QBD 18 Jul 2012
Children – gender reassignment – Deed Poll – name change – welfare considerations – parental consent to name change – child’s consent – ECHR – Gender Recognition Act 2004 – Human Rights Act 1998 – privacy – Children Act 1989 s.1 – procedure – Article 8 – Article 14 – specific issue order Citations: [2020] … Continue reading W, F, C and D (Minors) (Name Changes Disclosing Gender Reassignment and Other Matters): QBD 12 Feb 2020
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
The claimant had invited an Iranian dissident to speak in Parliament, and now challenged the decision of the Home Secretary to refuse her a visa on the basis that her exclusion was not conducive to the public good. She was a member of an organisation which had in the past supported terrorism, and had first … Continue reading Lord Carlile and Others v Secretary of State for The Home Department: Admn 16 Mar 2012
The applicant objected to his proposed extradition to Albania, saying that he would not receive a fair trial. An examination of the reports disclosed that counsel for the Lord Advocate’s analysis of them was correct. None of the examples of the particular deficiencies in the judicial system impacted on circumstances in which the appellant would … Continue reading Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania: HCJ 2 Feb 2012
The applicants’ relatives were shot by an off-duty police officer. They complained that the state had failed to exercise requisite control over the procedure for equipping police officers with a weapon. They alleged that there had been a breach of the Osman duty. Held: The court they summarised the relevant law. The positive duty under … Continue reading Gorovenky And Bugara v Ukraine: ECHR 12 Jan 2012
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
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
Cranston J said that in his view the law and practice in Albania was such that there was no real risk that the applicant would suffer a flagrant denial of justice on his return to Albania, as he was entitled to a retrial on the merits of the case against him. Judges: Toulson LJ, Cranston … Continue reading Mucelli, Regina (on The Application of) v The Government of Albania: Admn 27 Jan 2012
Citations: [2012] ScotHC HCJAC – 84 Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: Scotland Citing: See Also – Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania HCJ 2-Feb-2012 The applicant objected to his proposed extradition to Albania, saying that he would not receive … Continue reading Kapri v The Lord Advocate Representing The Government of The Republic of Albania: HCJ 1 Jun 2012
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006
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
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
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
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
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
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
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
(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
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
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
The claimants sought that the defendant should issue a request to the US authorities for their release from detention at Guantanamo Bay. Held: The courts would not be able to intervene by judicial review, and would be reluctant to intervene in the respondent’s conduct of foreign relations, but the claimants now asserted severe infringement of … Continue reading Al Rawi and Others, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 12 Oct 2006
Judges: Lord Kingarth And Lord Mcewan And Lord Nimmo Smith Citations: [2006] ScotHC HCJAC – 55, 2007 SLT 14, 2008 JC 1, 2006 SCCR 463, 2006 GWD 33-690, [2006] HCJAC 55, [2007] Eu LR 42 Links: ScotC, Bailii Statutes: Extradition Act 2003 26(1) Jurisdiction: Scotland Citing: Appeal from – Goatley, Re European Arrest Warrant ScSf … Continue reading Goatley v Her Majesty’s Advocate and Another: HCJ 12 Jul 2006
The petitioner intended to seek a declaration as to her marital status. She and the respondent had married in a civil ceremony in British Columbia in 2003. She sought a declaration of incompatibility with regard to section 11(3) of the 1973 Act so far as it failed to recognise same sex marriages. She now sought … Continue reading Wilkinson v Kitzinger and Another: FD 12 Apr 2006
The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery. Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights … Continue reading Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004
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 claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012
Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971. Held: The Court of Appeal in Austin and in Walker were right to say that there could be imprisonment at common law … Continue reading Jalloh, Regina (on the application of) v Secretary of State for the Home Department: SC 12 Feb 2020
Local authorities had obtained injunctions preventing the defendants from taking up occupation, where they had acquired land with a view to living on the plots in mobile homes, but where planning permission had been refused. The various defendants appealed on the basis that the authorities had failed to make proper allowance for their human rights. … Continue reading Porter, Searle and Others, Berry and Harty v South Buckinghamshire District Council, Chichester District Council, Wrexham County Borough Council, Hertsmere Borough Councilt: CA 12 Oct 2001
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
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
In some fields of law legal rules may not be laid down with total precision. Undue delay in child contact proceedings may have irreversible effects upon the child. Citations: [1998] ECHR 46, 22430/93, (1998) 33 EHRR 81 Links: Worldlii, Bailii Cited by: Cited – Gillan, Regina (on the Application of) v Commissioner of Police for … Continue reading Bronda v Italy: ECHR 9 Jun 1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday. Held: ‘Private life . . includes a person’s physical and psychological integrity; the guarantee afforded by Article 8 of … Continue reading Botta v Italy: ECHR 24 Feb 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
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
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
(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
Hudoc Violation of Art. 5-3; Just satisfaction reserved Citations: [1991] ECHR 71, 12718/87, (1992) 14 EHRR 717 Links: Worldlii, Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – 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 … Continue reading Clooth v Belgium: ECHR 12 Dec 1991
(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
A sentence of detention during her majesty’s pleasure when imposed on a youth was not the same as a sentence of life imprisonment, and the Home Secretary was wrong to treat it on the same basis and to make allowance for expressions of public opinion. Of a sentence under the section: ‘The Secretary of State … Continue reading Regina v Secretary of State For The Home Department, Ex Parte Venables, Regina v Secretary of State For The Home Department, Ex Parte Thompson: HL 12 Jun 1997
The claimant objected to the retention of data about him as to his attendance at assorted political protests. He had not engaged in criminality. Judges: Gross LJ, Irwin J Citations: [2012] EWHC 1471 (Admin), [2012] HRLR 23 Links: Bailii Statutes: European Convention on Human Rights 8, Data Protection Act 1998 Jurisdiction: England and Wales Cited … Continue reading Catt v The Commissioner of Police of The Metropolis: Admn 30 May 2012
The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant argued that UN resolution 1546 requiring it to maintain order in Iraq displaced the … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005
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
When assessing whether the defendant’s right to a trial within a reasonable time had been infringed, the court should look as from the date at which he was charged, or served with a summons, and not from the date of the first interview. Although a suspect could suffer material prejudice from the date of the … Continue reading Attorney General’s Reference (No 2 of 2001): CACD 12 Jul 2001
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
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
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
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012
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
The applicant had been convicted of contempt of court, but succeeded on appeal. Costs had been ordered in his favour, but the matter had been referred back to the court to consider the extent of its powers on such an occasion. Held: The making of an award of costs from central funds might be available … Continue reading Regina v Moore: CACD 12 May 2003
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
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
(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
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
Application for permission to appeal against the decision of the Divisional Court refusing permission to apply for judicial review to seek a declaration under section 4(2) of the Human Rights Act 1998 that section 2(1) of the Suicide Act 1961 (‘the 1961 Act’) is incompatible with the European Convention on Human Rights. Judges: McFarlane, Beatson … Continue reading Conway, Regina (on The Application of) v The Secretary of State for Justice: CA 12 Apr 2017
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
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
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012
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
(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
CONSTRUCTION INDUSTRY SCHEME – fixed and month 13 penalties – late filing of returns – no reasonable excuse – proportionality of penalties – whether within wide margin of appreciation – interpretation of s100B Taxes Management Act 1970 – Human Rights Act 1998 – appeal allowed in part [2012] UKFTT 631 (TC) Bailii Taxes Management Act … Continue reading Bosher v Revenue and Customs: FTTTx 8 Oct 2012
12060/12 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)), [2016] ECHR 359 Bailii European Convention on Human Rights Human Rights Updated: 13 January 2022; Ref: scu.561998
The applicant had mistakenly disclosed confidential personal information in answer to a data request. It sought an injunction restricting its redistribution after the recipient refused to return it and threatened to pass it on. The defendant said later that he had posted the material back to the IPCC. He failed however to comply with an … Continue reading Independent Police Complaints Commission v Warner and Others: QBD 17 Feb 2012
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences of money laundering. Clients of the firm had been arrested and convicted of drug dealing related offences. The firm was … Continue reading Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012
UTLC Leasehold Enfranchisement – Flat – two-stage enfranchisement – Leasehold Reform, Housing and Urban Development Act 1993 – paragraph 14 of Schedule 6 – paragraph 5 of Schedule 13 – paragraph 5 of Schedule 6 – section 3 of the Human Rights Act 1998 – article 1 of the First Protocol to the European Convention … Continue reading Alice Ellen Cooper-Dean Charitable Foundation v Greensleeves Owners Ltd: UTLC 12 Jun 2015
The claimant, saying that she had been abused as a child by another, sought damages alleging breach of her human rights after the defendant failed to prosecute her attacker: ‘it is the Claimant’s case that the CPS made a series of rushed, ill-informed and erroneous assessments of the strength of the Prosecution case, culminating in … Continue reading NXB v Crown Prosecution Service: QBD 12 Mar 2015
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
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
The applicant resisted his proposed deportation to Jordan to face charges of terrorism. He complained was that his retrial in Jordan would amount to a flagrant denial of justice because of a number of factors including a very real risk that incriminating statements against him had been obtained by torture. Held: His deportation to Jordan … Continue reading Omar Othman (Abu Qatada) v The United Kingdom: ECHR 17 Jan 2012
The pursuer said that he had been assaulted whilst in the custody of the responder’s officers. He began civil actions after his complaint was rejected. He repeated the allegation of the assault, and complained also as to the conduct of the investigation, saying that it had infringed his Artricle 3 human rights. The Sheriff rejected … Continue reading Ruddy v Chief Constable, Strathclyde Police and Another: SC 28 Nov 2012
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
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014
Limits to Powers in Devolution Cases Mr Spiers had complained as to the competency of two temporary sheriffs called to hear case against him, saying that the temporary nature of their appointments did not allow them to constitute an independent tribunal. He now complained that the subsequent delay in hearing his cases had prevented a … Continue reading Spiers v Ruddy: PC 12 Dec 2007
The appellant said that the police officers had acted unlawfully when collecting the evidence used against him, in that the information used to support the request for permission to undertake clandestine surveillance had been insufficiently detailed, and that the police had acted in breach of his article 8 rights in obtaining evidence by surveillance since … Continue reading Kinloch v Her Majesty’s Advocate: SC 19 Dec 2012
The claimant suffered locked-in syndrome and sought relief in a form which would allow others to assist him in committing suicide. The court considered whether the case should be allowed to proceed rather than to be struck out as hopeless. Held: The case was arguable and should be allowed to proceed: ‘However, the point that … Continue reading Nicklinson v Ministry of Justice and Others: QBD 12 Mar 2012
Each claimant sought damages for a criminal assault for which the defendant was said to be responsible. Each claim was to be out of the six year limitation period. In the first claim, the proposed defendant had since won a substantial sum from the National Lottery. They complained that the Limitation Act gave the court … Continue reading A v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth: CA 12 Apr 2006
The claimant complained at a decision not to reduce his Category A status to that of a category B prisoner. He continued to maintain his innocence of the murders for which he had been convicted. He was therefore ineligible to take part in rehabilitation programmes. Held: After Pate, the respondent had altered the policy to … Continue reading Roberts, Regina (on the Application of) v Secretary of State for Home Department: Admn 12 Mar 2004
The claimant sought disclosure of an investigation conducted by the respondent. The respondent replied that the material was exempt within section 32(2). The court had found that that exemption continued permanently even after the inquiry was complete, but now turned to the claimant’s assertion that this violated his article 10 rights, and that section 32(2) … Continue reading Kennedy v Charity Commission: CA 20 Mar 2012
EAT WORKING TIME REGULATIONS – WorkerNATIONAL MINIMUM WAGE ACT – WorkerThe issue was whether the Priest at a Sikh Temple was a ‘worker’ within section 54(3)(b) of the National Minimum Wage Act 1998. The appeal against the decision that he was not was allowed. It was held that the Tribunal erred in relation to the … Continue reading Singh v The Members of The Management Committe of The Bristol Sikh Temple and Others: EAT 14 Feb 2012
The claimant had obtained an interim injunction to restrain the defendant publishing what he said was private information about a sexual encounter. He also sought an injunction under the 1997 Act. Held: The claim succeeded: ‘there have been threats by the defendant to disclose private information concerning the claimants and harassment of them. As to … Continue reading McClaren v News Group Newspapers Ltd: QBD 5 Sep 2012
The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they were practising Christians and viewed the guest house as their home, and that … Continue reading Bull and Bull v Hall and Preddy: CA 10 Feb 2012
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of political expression. Held: Though the regulation was an interference in the claimant’s right of free expression, it was prescribed … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008
Chief Constable has a Wide Discretion on Resources Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under community law. Held: Police do not have an absolute duty to prevent breaches … Continue reading Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited: HL 2 Apr 1998
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal from prison. The legal services department of the Prison service relayed the notices to … Continue reading Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
The Tribunal had confirmed the appellant’s refugee status, but the respondent had ordered nevertheless that she be returned. The judge’s order setting aside that decision had been overturned in the Court of Appeal. Held: The claimant’s appeal failed. The Convention set two standards of protection for refugees. Article 33 prevented the return of anyone to … Continue reading ST Eritrea, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Mar 2012
The claimant, a journalist, sought further information from the Charity Commission after the release of three investigations into the ‘Mariam Appeal’ and questions about the source and use of its funds. The Commission replied that it was exempt under section 32. The claimant appealed against the finding of a blanket exemption, and continued after completion … Continue reading Kennedy v The Information Commissioner and Another: CA 12 May 2011
