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
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
Reasons for orders following a case management hearing to review whether there are steps which the court should now be taking to procure compliance by the Secretary of State for Defence with the duty of the UK under articles 2 and 3 of the European Convention on Human Rights (the ‘Convention’), incorporated into English law … Continue reading Al-Saadoon and Others v Secretary of State for Defence: Admn 26 Jun 2015
The applicant had sought asylum here, but her application was rejected. She was suffering advanced HIV/AIDS. With continued proper treatment she would survive several years. If returned to Uganda she would not receive that treatment and would not survice as long. Held: The issue was not as to her mistreatment in Uganda, but as to … Continue reading N v Secretary of State for the Home Department: HL 5 May 2005
In the course of a long dispute, the defendant’s solicitors had indicated that they would accept service of proceedings. Just before the limitation period expired, the papers were served directly in the client. The defendants solicitors said that this was invalid service, and that later service out of time could not revive the claim. Held: … Continue reading Firstdale Ltd v Quinton: ComC 5 Aug 2004
The applicant sought an order that his application for a joint residence order should be held in public. Held: Though there was some attractiveness in the applicant’s arguments, the issue had been fully canvassed by the ECHR. The time had come for the court to consider in each case whether a proper balance of competing … Continue reading Pelling v Bruce-Williams, Secretary of State for Constitutional Affairs intervening: CA 5 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
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
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
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
(i) ‘Removal’ in s84 of the Nationality, Immigration and Asylum Act 2002 refers to enforced removal pursuant to directions issued by the Secretary of State and not to the possibility of an individual making a voluntary return to their country of origin or a part of that country. (ii) A person (‘P’) who would be … Continue reading SA (Removal Destination; Iraq; Undertakings) Iraq: UTIAC 15 Nov 2021
The defendant had heard that the sentencing judge would set his sentence tarriff without an oral hearing, and would then give his decision in open court. He sought judicial review. Held: Review was granted. The availability of a right of appeal was not of itself sufficient to justify a declaration of incompatibility for a section … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Nov 2004
Devolution issue arises as to Act of NI Minister The basis for the Attorney’s reference is his assertion that the universal credit provisions in question breach articles 8, 12 and 14 of the ECHR and article 1 of the first protocol to the ECHR and are therefore invalid per section 24 of the 1998 Act. … Continue reading Northern Ireland Devolution Issues, A Reference By The Attorney General (Northern Ireland): SC 5 Feb 2020
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
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
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; 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
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
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
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Costs and expenses partial award – Convention proceedings Citations: [1998] ECHR 63, 24767/94 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165649
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
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
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
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
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
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
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
(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
(Preliminary objections) The ECHR considered the situation in northern Cyprus when it was asked as to Turkey’s preliminary objections to admissibility: ‘although Article 1 sets limits on the reach of the Convention, the concept of ‘jurisdiction’ under this provision is not restricted to the national territory of the High Contracting Parties. According to its established … Continue reading Loizidou v Turkey: ECHR 23 Mar 1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that planning permission should be granted), (b) (that there had been no breach of planning control) and … Continue reading Bryan v The United Kingdom: ECHR 22 Nov 1995
(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
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
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
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings. Citations: 25549/94, [1998] ECHR 47 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 28 May 2022; Ref: scu.165638
Citations: [1998] EWHC Admin 1056 Links: Bailii Statutes: Bail Act 1976 4(1) Human Rights, Criminal Practice Updated: 27 May 2022; Ref: scu.139177
The fact that the President of a Court Martial was appointed within the same authority as was prosecuting, did not necessarily mean that the tribunal was not impartial. Such officers were typically appointed at the end of their careers, and they were appointed for a fixed term. There was no history of them being removed, … Continue reading Regina v John Spear, Philip Hastie and David Morton Boyd: CMAC 15 Jan 2001
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
The German courts construed a teacher’s duty of loyalty as absolute and owed equally by every civil servant, regardless of his or her function and rank under national law. Every civil servant, whatever his or her own opinion on the matter, must unambiguously renounce all groups and movements which the competent authorities hold to be … Continue reading Vogt v Germany: ECHR 1 Nov 1995
Both applicants, Islam and Shah, citizens of Pakistan, but otherwise unconnected with each other, had suffered violence in Pakistan after being falsely accused them of adultery. Both applicants arrived in the UK and were granted leave to enter as visitors for six months. Both applicants subsequently applied for asylum on the ground that having been … Continue reading Regina v Immigration Appeal Tribunal and Another ex parte Shah: HL 25 Mar 1999
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
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 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
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005
A play was presented which was seen by many Sikhs as offensive. Protesters were eventually ordered to disperse under s30 of the 2003 Act. The defendants appealed their convictions for having breached that order, saying that it interfered with their rights of free speech and of assembly. Held: The appeal failed. There had been a … Continue reading Singh and others v Chief Constable of West Midlands Police: QBD 4 Nov 2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina. Held: The issue of such a warrant was a serious step. The court gave guidance on the practice to be followed, but it was not correct for the … Continue reading Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005
The claimant had suffered mental illness and threatened to hurt himself. He was taken into hospital as a voluntary patient, but in effect detained compulsorily. He lacked capacity to consent to medical treatment. Held: The holding of a patient informally amounted to a detention, and that detention was unlawful. It made no difference whether the … Continue reading L v United Kingdom: ECHR 5 Oct 2004
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 had been sole director of a company which went into liquidation. He sought a redundancy payment from the respondent under the 1996 Act. It was refused. The tribunal had applied Buchan. It had refused to hear an argument that the tribunal chairman was also employed by the respondent and could not therefore be … Continue reading Smith v Secretary of State for Trade and Industry: EAT 15 Oct 1999
(Admissibility) The claimant was a prisoner who had been confined to her cell, unlawfully it was said, for some two hours. The evidence was that she was a heroin addict who objected to that restriction on her residual liberty. Held: ‘It is undisputed in the present case that Angela Bollan was lawfully detained in Corton … Continue reading Bollan v United Kingdom: ECHR 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
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
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
EAT Unfair dismissal and Race Relations Act 1976 Unfair dismissal – Exclusions including worker/jurisdiction Three cases were stayed pending the judgment of the House of Lords in Lawson v Serco [2006] ICR 250. The appeal in the British Council case was dismissed on withdrawal after the hearing and before the judgment. In ADT, the Employment … Continue reading ADT Fire and Security Plc v Speyer: EAT 15 Sep 2006
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 sought payment of a ‘Sure Start’ maternity grant. She had obtained a residence order in respect of her sister’s baby daughter who had been taken into care. She said that a payment would have been made to the partner of a mother or an adopter, and that she should be similarly entitled. … Continue reading Francis v Secretary of State for Work and Pensions: CA 10 Nov 2005
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
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
When looking at a new court having a different name, the courts must ask the nature of the jurisdiction exercised, and test the method of appointment of judges for conformity with the constitution. It would be a travesty of the constitution if parliament established new bodies exercising similar functions but with different names and less … Continue reading Attorney General of Australia v The Queen and the Boilermakers’ Society of Australia; Kirby v The Queen and Boilermakers’ Society of Australia: PC 1957
(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
The respondent introduced rules imposing fixed and penalties on HGV drivers coming into the UK who were found to have stowaway illegal entrants. The operators sought judicial review. Held: The penalty was in the character of a criminal penalty, not a civil one as proposed by the Secretary of State. The opportunities to challenge the … Continue reading International Transport Roth GmbH and Others v Secretary of State for the Home Department: QBD 5 Dec 2001
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected; Preliminary objection rejected (non-exhaustion); 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. … Continue reading Selauk and Asker v Turkey: ECHR 24 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
The local authority sought a declaration as to its rights to control the daily activities of an eighteen year old, who was incapable of managing her own affairs but was not subject to mental health legislation. Held: There remained an inherent jurisdiction which the court could exercise through the doctrine of necessity. The subject was … Continue reading In Re F (Adult: Court’s Jurisdiction): CA 25 Jul 2000
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
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
The claimant had been arrested on suspicion of terrorism, from his innocent association with people later convicted of terrorism. The defendant discovered evidence which would undermine the case against him, but refuse to disclose it. Eventually, after the prosecutor was refused a PII claim, he was ordered to be released and the case was dropped. … Continue reading Motasim v Crown Prosecution Service and Others: QBD 15 Aug 2017
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999
Change in Doctors’ Information Obligations The pursuer claimed that her obstetrician had been negligent, after her son suffered severe injury at birth. The baby faced a birth with shoulder dystocia – the inability of the shoulders to pass through the pelvis. The consultant considered that a vaginal birth was preferable and did not given advice … Continue reading Montgomery v Lanarkshire Health Board: SC 11 Mar 2015
Explanation of Medical Risks essential The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised. Held: The appeal failed. A mentally competent patient has an absolute right to refuse to consent to medical treatment for any reason, rational or … Continue reading Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital: HL 21 Feb 1985
The court was asked who, as between the parents and the local authority, could consent to an order depriving a child in residential care, of his liberty. Held: A local authority with parental responsibility by virtue of a care order or interim care order, or with any other statutory responsibilities for a child, cannot supply … Continue reading In re AB (A Child : Deprivation of Liberty): FD 28 Jul 2015
The applicant was serving life imprisonment for murder. He had been released on licence subject to a condition excluding him from the area of his former home. He claimed this condition was unlawful. The applicant’s own family connections were within that area. He claimed the condition was imposed for questions of public acceptability, and infringed … Continue reading Craven v Secretary of State, and the Parole Board: Admn 5 Oct 2001
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
For the purposes of the Act, where a defendant faced a compulsory life sentence following two convictions for certain offences, a finding by the judge that the defendant did not pose a serious risk to society, could be an exceptional circumstance justifying not imposing the sentence. Such a finding might be based upon there being … Continue reading Regina v Offen; Regina v McGuillard; Regina v McKeown; Regina v Okwuegbunam; Regina v Saunders (Stephen): CACD 15 Nov 2000
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
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 police were asked by shopkeepers concerned about shoplifting, for photographs of thieves so that the staff would recognise them. The police provided photographs including one of the claimant taken in custody. The traders were told only to show them to staff. Held: A duty of confidence could arise when the police photographed a suspect … Continue reading Hellewell v Chief Constable of Derbyshire: QBD 13 Jan 1995
The claimant said that the widows’ bereavement tax allowance available to a wife surviving her husband should be available to a man also if it was not to be discriminatory. Held: Similar claims had been taken before the Human Rights Act to the ECHR, and been settled. The 1998 Act made it unlawful to act … Continue reading Wilkinson, Regina (on the Application Of) v Inland Revenue: HL 5 May 2005
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
Statute’s Mischief May be Inspected The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute. Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may look outside a statute in order to identify the ‘mischief’ Parliament was … Continue reading Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
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
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
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, had failed to provide him with reasonable assistance and support, and … Continue reading Brooks v Commissioner of Police for the Metropolis and others: HL 21 Apr 2005
The prosecutor appealed against a stay of the prosecution as an abuse of process. It was alleged that the defendant solicitor had permitted a relation of his partner to launder the proceeds of a tax fraud. The principal defendant had been substantially acquitted of the offences alleged to be a fraud. The defendant had been … Continue reading RCPO v C: CACD 5 Feb 2010
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015
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
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR. Held: The Secretary’s appeal succeeded. Section 6 of the 1998 Act permitted the discrimination as … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day the academic year begins. The claimant came as a child with her mother some … Continue reading Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: SC 29 Jul 2015
Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on their families. They said the removals would be discriminatory. Held: To justify … Continue reading AL (Serbia) v Secretary of State for the Home Department; Rudi v Same: HL 25 Jun 2008
