ECHR Judgment : Article 2 – Right to life : Second Section Citations: 8351/17, [2019] ECHR 542 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646487
ECHR Judgment : Protection of property : First Section Citations: 32141/10, [2019] ECHR 900 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646790
ECHR Judgment : Article 6+6-3-d – Right to a fair trial : Third Section Committee Citations: 19813/16, [2019] ECHR 935 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646802
Citations: 7094/06, [2012] ECHR 257 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 October 2022; Ref: scu.451259
Citations: 74209/01, [2006] ECHR 938 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 September 2022; Ref: scu.246663
Citations: 32263/03, [2007] ECHR 528 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 11 July 2022; Ref: scu.254324
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 15121/11, [2019] ECHR 223 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.636036
The parties entered into a complex group of inter-related contracts for the purpose of purchasing and upgrading an oil production platform for use by Petrobras in the South Marlim oilfield. At a very early stage it was agreed that the upgrade specification should be amended to render the platform suitable for use in the newly … Continue reading Petromec Inc and Petroleo Brasileiro S A Petrobras, Braspetro Oil Services Company v Petromec Inc, Petro-Deep Inc, Maritima Petroleo E Engenharia Ltda: QBD 2 Feb 2004
ECHR Judgment : Violation of Right to a fair trial Civil proceedings : Fair hearing Citations: 32729/12, [2017] ECHR 913 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607991
ECHR Judgment : Right to a fair trial : Third Section Committee 31615/16, [2020] ECHR 616 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 30 November 2021; Ref: scu.653870
ECHR Judgment : No Article 6 – Right to a fair trial : Third Section Committee 66107/12, [2021] ECHR 769 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 17 November 2021; Ref: scu.668353
22875/02 – Chamber Judgment, [2013] ECHR 538 Bailii European Convention on Human Rights Human Rights Updated: 14 November 2021; Ref: scu.510845
Hudoc Judgment (Struck out of the list) Struck out of the list (arrangement) Reports of Judgments and Decisions 1999-III . .
Cryptocurrency Action The claimants sought damages and other remedies saying that the unknown defendants had obtained access to the private key guarding their crypto currency assets, and then sold them at an undervalue, acquiring substantial profits for themselves in subsequent unknown transactions. The Court considered the nature in law of such systems, and preliminary injunctive … Continue reading Fetch.AI Ltd and Another v Persons Unknown Category A and Others: ComC 15 Jul 2021
The claimant, who suffered Down’s Syndrome, complained that the 1967 Act as amended unlawfully discriminated against her and those like her. Judges: Lord Justice Underhill (Vice-President of the Court of Appeal (Civil Division)) Lady Justice Thirlwall And Lord Justice Peter Jackson Citations: [2022] EWCA Civ 1559 Links: Bailii, Judiciary, Judiciary Summary Statutes: Abortion Act 1967 … Continue reading Crowter and Another, Rex (on The Application of) v The Secretary of State for Health and Social Care: CA 25 Nov 2022
The Claimant, who suffered various disabilities (Ehlers-Danlos Syndrome, Dyspraxia and Dyslexia), bought a number of complaints in Employment Tribunal (‘ET’), all of which were dismissed. The Claimant appealed against the ET’s decision in respect of three claims of discrimination by reason of a failure to make reasonable adjustments: (i) in relation to what she complained … Continue reading Rakova v London North West Healthcare NHS Trust (Disability Discrimination – Reasonable Adjustments): EAT 17 Oct 2019
Whether two policies of insurance were governed by English or French law. Citations: [1997] CLC 909, [1997] EWCA Civ 1218, [1997] 2 Lloyds Rep 1, [1997] 2 CMLR 610 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Caledonia Subsea Limited v Micoperi SRL SCS 9-Mar-2001 The parties disputed which court should have jurisdiction … Continue reading Credit Lyonnais v New Hampshire Insurance Company: CA 12 Mar 1997
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004
ECJ (Judgment) Reference for a preliminary ruling – Rome Convention – Applicable law – Cross-border merger – Directive 78/855/EEC – Directive 2005/56/EC – Merger by acquisition – Protection of creditors – Transfer of all the assets and liabilities of the company being acquired to the acquiring company Citations: C-483/14, [2016] EUECJ C-483/14, ECLI:EU:C:2016:205, [2016] WLR(D) … Continue reading Ka Finanz AG v Sparkassen Versicherung AG Vienna Insurance Group: ECJ 7 Apr 2016
The claimants challenged the policy issued by the DPP on assisted suicide following the Nicklinson case. Held: The request for judicial review was refused. Sir Brian Leveson P said: ‘It is important not to misunderstand the effect either of the policy or the impact of the amendment to the policy introduced by the DPP. The … Continue reading Kenward and Another, Regina (on The Application of) v The Director of Public Prosecutions and Another: Admn 4 Dec 2015
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
The claimant, a disabled adult with cerebral palsy and Downs, asserted that the care plan set out in an order of the Court of Protection involved a contravention of his human rights since it involved a deprivation of his liberty. He was incontinent but without control, would tear off parts of his incontinence pad and … Continue reading Cheshire West and Chester Council v P: CA 9 Nov 2011
UTIAC 1. In establishing for the purposes of Art 1F(a) of the Refugee Convention that an individual was complicit under Art 25(3)(d) of the Rome Statute of the International Criminal Court (‘ICC Statute’) in crimes against humanity perpetrated by others in an organisation, it was necessary to consider all the circumstances of the appellant’s involvement … Continue reading Azimi-Rad (Art.1F(A) – Complicity – Arts 7 and 25 Icc Statute) Iran: UTIAC 1 Sep 2011
ECJ Opinion – Copyright and related rights – Directives 92/100/EEC and 2006/115/EC – Rights of Performers and Producers of Phonograms – Article 8, Paragraph 2 – Public Communication – Communication of phonograms in the indirect part of radio reported in the waiting room of a dental practice – The need for a profit – Fair … Continue reading SCF Consorzio Fonografici v Marco Del Corso: ECJ 29 Jun 2011
The parties disputed the jurisdiction of the English courts over a letter of credit. It foresaw payment here and in sterling, made by the English bank as against the appropriate documents. Authority had been given for service out of the jurisdiction. Held: The English courts had jurisdiction in this issue. ‘[T]he correct approach for the … Continue reading Pt Pan Indonesia Bank Ltd Tbk v Marconi Communications International Ltd: CA 27 Apr 2005
Proceedings were brought in England. The respondents sought a stay, saying the company was subject to insolvency proceedings in Germany. Held: Our domestic insolvency law was not applicable to foreign proceedings, and so could not be used to order a stay of proceedings here. (a) the English court has jurisdiction to determine Apex’s claim for … Continue reading Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004
UTIAC 1. Article 7.1 of the Statute of the International Criminal Courts, the Rome Statute, is usually regarded as providing the best working definition of a crime against humanity for the purposes of Article 1F(a) of the Refugee Convention.2. Where the act or crime does not involve the specifically listed forms of acts or crimes, … Continue reading SK (Article 1F(A) Exclusion) Zimbabwe: UTIAC 15 Sep 2010
The claimants each suffered ‘locked in syndrome’ after catastrophic health events, and were unable to commit suicide as they would have wished. In one case, the claimant would have needed assistance to travel to a clinic in Switzerland where he could commit suicide, but the person accompanying and helping him would be at risk of … Continue reading Nicklinson, Regina (on The Application of) v Ministry of Justice: Admn 16 Aug 2012
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
The parties disputed which court should have jurisdiction to hear their contract dispute. Held: There has been an ongoing difference in the interpretation of the Rome Convention as to the relative weight to be given to the place of business of the parties, and the place of performance of the contract. Should article 2 be … Continue reading Caledonia Subsea Limited v Micoperi SRL: SCS 9 Mar 2001
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006
The Tribunal gave guidance to adjudicators on the proper approach to the Refugee Convention’s Exclusion Clauses at Art 1F. The claimant had been a film star but was said to have become involved in a Maoist movement said to be involved in terrorism. Held: ‘If the Nepalese authorities saw the appellant as a member of … Continue reading IG (Indra Gurung) (Exclusion, Risk, Maoists) Nepal CG (Starred): IAT 14 Oct 2002
The applicant had for many years before 1992 had a protected tenancy of a publicly-owned flat in Zadar. Under Croatian law a specially-protected tenancy might be terminated if the tenant ceased to occupy the flat for a continuous period of six months, but not if the tenant’s failure was attributable to medical treatment, military service … Continue reading Blecic v Croatia: ECHR 29 Jul 2004
The applicant sought to resist orders for the return to the US of what were alleged to be the proceeds (direct or indirect) of a fraud committed there. She had been in contempt of the court in the US and was a fugitive here. She complained that the US court had refused to allow her … Continue reading Government of the United States of America v Barnette and Montgomery (No 2): HL 22 Jul 2004
The claimant sought an account from the defendant share broker for the proceeds of share transactions. The defendant said the matter should be tried in Hong Kong. Held: The claimant must show a good arguable case. Here there was evidence to support the claimant’s assertion of the use of an address in England, and a … Continue reading Staines v Walsh, Howard: ChD 14 Mar 2003
A young child aged 11 months was separated from her mother because of fears that the mother was suffering from Munchausen syndrome by proxy and would injure her. The child was returned five months later, following medical reports which found that the child’s arrested breathing had a physical explanation and that there was no sign … Continue reading Venema v The Netherlands: ECHR 17 Dec 2002
The defendant appealed an order refusing a stay of the proceedings on the grounds of forum non conveniens. The contract of guarantee contained no choice of law clause, but the contract under which it was made set English law as the jurisdiction. The clause had been deleted from the guarantee contract, and the subject mater … Continue reading Land Rover Exports Limited v Samcrete Egypt Engineers and Contractors S A E: CA 21 Dec 2001
An assigned marine insurance policy was subject to a claim. The issue was the ability of an assignee to claim as a claim in contract where the proper law was that under which the contract was made, or a claim of an intangible right to claim against insurers, a proprietary right resolved by the lex … Continue reading Raffelsen Zentralbank Osterreich Ag v Five Star General Trading Llc and Others: CA 1 Mar 2001
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
Deprivation of Liberty P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult male, again without capacity, also complained as to the arrangements for his … Continue reading P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014
The Supreme Court was asked to decide whether the ‘two child limit’, a provision of primary legislation which restricts payment of amounts of subsistence benefit for children to the first two children in a family, is incompatible with the Appellants’ rights under the European Convention on Human Rights. Held:Lord Reed observed that the concept of … Continue reading SC, CB and 8 Children, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: SC 9 Jul 2021
(Grand Chamber) The court ruled admissible claims against the United Kingdom by 13 persons entitled to British State pensions for violation of article 14 of the Convention in combination with article 1 of the First Protocol. All the claimants had earned pensions by working in Britain, but had emigrated to South Africa, Australia or Canada … Continue reading Carson and Others v The United Kingdom: ECHR 16 Mar 2010
ECJ Judgment – Copyright and related rights in the information society – Direct applicability of the Rome Convention, the TRIPS Agreement and the WPPT in the European Union legal order – Directive 92/100/EC – Article 8(2) – Directive 2001/29/EC – Concept of ‘communication to the public’- Communication to the public of phonograms broadcast by radio … Continue reading SCF Consorzio Fonografici v Marco Del Corso: ECJ 15 Mar 2012
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
In the context of deciding whether a person is excluded from Refugee Convention protection by virtue of having committed acts contrary to Article 1F(a), the effect of Article 33(1) of the Statute of the International Criminal Court (‘the Rome Statute’) is that whilst obedience to superior orders can be a defence if each of its … Continue reading CM (Article 1F(A) – Superior Orders) Zimbabwe: UTIAC 13 Jul 2012
1. In response to an allegation that a person should be excluded under Article 1F(a) of the Refugee Convention because there are serious reasons for considering that the person has committed a crime against peace, a war crime or a crime against humanity as defined in the Rome Statute, there is an initial evidential burden … Continue reading AB (Article 1F(A) – Defence – Duress : Iran): UTIAC 22 Jul 2016
The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. In the Court of Appeal the defendants’ appeals were dismissed. Held: The appeals failed save that the UK was not the proper jurisdiction to bring the case. The claim … Continue reading Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury. Held: The jury should indeed have been given opportunity to explain their verdict: ‘By … Continue reading Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and claimed in breach of confidence. Held: ‘The law [of confidence] now affords protection … Continue reading Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008
ECJ Order – Preliminary reference – Rome Convention on the law applicable to contractual obligations – First Protocol on the interpretation by the Court of the Rome Convention – Articles 1 and 2, a) and b) – National courts have the power to seize the Court for a preliminary ruling – Court clearly lacking C-397/15, … Continue reading Raiffeisen Privatbank Liechtenstein v Lukath: ECJ 13 Jan 2016
ECHR Article 8-1 Respect for private life Ban on assisted suicide and voluntary euthanasia: inadmissible Facts – The first applicant is the wife of Tony Nicklinson, now deceased, who suffered locked-in syndrome following a stroke. The second applicant was paralysed following a car accident. His condition is irreversible. Both men wish/ed to end their lives … Continue reading Nicklinson and Lamb v The United Kingdom: ECHR 23 Jun 2015
The applicants, suffering life threatening and severely disabling conditions, complained of laws which would allow the criminal prosecutions of those assisting them to end their lives. Guido Raimondi, P 2478/15, [2015] ECHR 709 Bailii European Convention on Human Rights Human Rights Citing: At SC – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014 … Continue reading Nicklinson and Lamb v United Kingdom: ECHR 16 Jul 2015
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
Article 6-2 Presumption of innocence Refusal of compensation following reversal of applicant’s conviction of criminal offence: no violation Facts – In September 2000 the applicant was convicted of the manslaughter of her baby son on the basis of medical evidence that the boy’s injuries were consistent with ‘shaken baby syndrome’ (also known as ‘non-accidental head … Continue reading Allen v The United Kingdom [GC]: ECHR 12 Jul 2013
EAT Practice and Procedure: Preliminary Issues – A peripatetic employee, who was Danish and had his home in Switzerland, freely entered into a contract with the First Respondent, a company incorporated in Bermuda, by which he was to occupy an international role, based in Switzerland, as its Strategy and Business Development Director. The contract was … Continue reading Olsen v Gearbulk Services Ltd and Another (Practice and Procedure: Preliminary Issues): EAT 28 Apr 2015
ECJ Judgment – References for a preliminary ruling – Reference for a preliminary ruling – Rome Convention on the law applicable to contractual obligations – Article 4(1), (2), (4) and (5) – Law applicable by default – Commission contract for the carriage of goods – Contract for the carriage of goods Ilesic P C-305/13, [2014] … Continue reading Haeger and Schmidt GmbH v Mutuelles du Mans assurances IARD: ECJ 23 Oct 2014
Execution of judgment [2010] ECHR 517 Bailii European Convention on Human Rights Citing: Judgment – Venema v The Netherlands ECHR 17-Dec-2002 A young child aged 11 months was separated from her mother because of fears that the mother was suffering from Munchausen syndrome by proxy and would injure her. The child was returned five months … Continue reading Venema v The Netherlands: ECHR 4 Mar 2010
Aircraft – Aviation law – choice of law – law of forum – Rome I – Rome II – Montreal Convention – Warsaw Convention – Irish Law – English Law – quantum – contract – personal injury – lex fori [2021] EWHC 2955 (QB) Bailii England and Wales Personal Injury, Transport Updated: 15 December 2021; … Continue reading Silverman v Ryanair Dac: QBD 10 Nov 2021
The Republic of Iran sought the return of a fragment of ancient Achaemenid relief in the possession of the defendant, saying that it was part of an ancient monument. The defendant said that she had bought it properly at an auction in Paris. The fragment was held by Christies. The claimant said that the French … Continue reading Iran v Berend: QBD 1 Feb 2007
ECJ Rome Convention on the law applicable to contractual obligations – Articles 3 and 7(2) – Freedom of choice of the parties – Limits – Mandatory rules – Directive 86/653/EEC – Self-employed commercial agents – Contracts for sale or purchase of goods – Termination of the agency contract by the principal – National implementing legislation … Continue reading United Antwerp Maritime Agencies (Unamar) Nv v Navigation Maritime Bulgare: ECJ 17 Oct 2013
ECJ Rome Convention on the law applicable to contractual obligations – Contract of employment – Article 6(2) – Applicable law in the absence of a choice made by the parties – Law of the country in which the employee ‘habitually carries out his work’ – Contract more closely connected with another Member State C-64/12, [2013] … Continue reading Anton Schlecker v Melitta Josefa Boedeker: ECJ 12 Sep 2013
The claimant had suffered a severe form of locked-in syndrome, and would wish to die. He sought a declaration that someone who assisted him in his siuicide would not be prosecuted for murder. Held: The position in law that voluntary euthanasia was murder, and as to whether the doctrine of necessity provided a defence was … Continue reading Nicklinson and Another, Regina (on The Application of) v A Primary Care Trust: CA 31 Jul 2013
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed. Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is whether the threat was so serious as would cause a reasonable man in the same … Continue reading Regina v Howe etc: HL 19 Feb 1986
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents. Held: The legislation must be interpreted to give effect to Parliament’s intention, even if that meant adding … Continue reading Liversidge v Sir John Anderson: HL 3 Nov 1941
Foetus has no Established Human Rights The Claimants sought a declaration that section 1(1)(d) of the Abortion Act 1967, as amended, is incompatible with the European Convention on Human Rights (‘ECHR’), as well as some other remedies. The claimant had Down’s Syndrome, and complained the readiness to abort foetuses with identified Down’s genes – more … Continue reading Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care: Admn 23 Sep 2021
Joint Enterprise Liability – War Crimes accusation The applicant appealed against an order for his removal. He was accused of complicity in war crimes. Held: To find an asylum seeker to be subject to the Rome statute so as to exclude him from protection it had to be shown that there had been a common … Continue reading JS (Sri Lanka), Regina (on the Application of) v Secretary Of State for the Home Department: CA 30 Apr 2009
Right to Life Did Not include Right to Death The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not the antithesis of the right … Continue reading Pretty v The United Kingdom: ECHR 29 Apr 2002
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
The applicant was terminally ill, and entirely dependent upon her husband for care. She foresaw a time when she would wish to take her own life, but would not be able to do so without the active assistance of her husband. She sought a proleptic permission, a promise that he would not be prosecuted. Held: … Continue reading Regina (on the Application of Pretty) v Director of Public Prosecutions and Secretary of State for the Home Department: HL 29 Nov 2001
EAT The parties agreed that in the event of any employment dispute , the applicable law would be German, and the place of jurisdiction Frankfurt, which was where the claimant lived and from where she worked (though she came on occasion to the UK). She brought claims under the Sex Discrimination Act 1975 and Equal … Continue reading Simpson v Intralinks: EAT 15 Jun 2012
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to prove the absence of consent. They said it was their human right to give consent to … Continue reading Regina v Brown (Anthony); Regina v Lucas; etc: HL 11 Mar 1993
The asylum seeker was accused of complicity in war crimes in Sri Lanka. He had worked as an intelligence officer but his cover had been broken and he fled to the UK. It was said that he was excluded from protection as an asylum seeker. Held: The Home Secretary’s appeal failed. Article 28 is to … Continue reading JS (Sri Lanka), Regina (on The Application of) v Secretary of State for The Home Department: SC 17 Mar 2010
The defendant stabbed a pregnant woman. The child was born prematurely and died. The attack had been directed at the mother, and the proper offence was manslaughter. Held: The only questions which need to be addressed are (1) whether the act was done intentionally, (2) whether it was unlawful, (3) whether it was also dangerous … Continue reading Attorney-General’s Reference (No 3 of 1994): HL 24 Jul 1997
The deceased prisoner had hanged himself. He had been a known suicide risk, and his brother said that the authorities being so aware, the death resulted from their lack of care. The inquest heard in full the circumstannces leading up to the death, but the Coroner directed the jury not to return a verdict which … Continue reading Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson: CA 27 Apr 1994
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the condition. The claimants appealed dismissal of their claim. Held: It is for a claimant to prove that … Continue reading Fairchild v Glenhaven Funeral Services Ltd and Others: HL 20 Jun 2002
ala_kCoP2013 K was a young lady llivng amid her family with Downs syndrome. The family were thought too want her to be sterilised. The local authority applied to the court to determine whether this should be prevented. It was agreed that she was not currently sexually active and that there was no health condition requiring … Continue reading A Local Authority v K: COP 15 Feb 2013
Compulsory Purchase Compensation – Land As it Is The House considered the basis of calculation of compensation on the compulsory purchase of land without planning permission, but where permission would probably be granted. The appellant challenged the decision which had treated the probability as equal to certainty. Held: The appeal succeeded. The land should not … Continue reading Transport for London (London Underground Ltd) v Spirerose Ltd: HL 30 Jul 2009
The applicant was married. In 1984 his wife, who was pregnant, decided to have an abortion despite his opposition. Her pregnancy was terminated on 10 October 1984.
On 8 November 1984 the applicant brought an action against his wife in the San . .
The applicant learned of possible malformation of the foetus from an ultrasound at the 18-week stage. Her repeated requests for genetic tests were met with procrastination, confusion and a lack of proper counselling and information, and it was not . .
The patient was due to deliver a child. A delivery by cesarean section was necessary, but the mother had a great fear of needles, and despite consenting to the operation, refused the necessary consent to anesthesia in any workable form.
Held: . .
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
The Court concludes that in Northern Ireland:
(i) There is no general right to abortion whether under the common law or under statute.
(ii) The Northern Ireland Human Rights Commission (‘the Commission’) has legal standing under the . .
Hudoc Preliminary objection rejected (ratione materiae, non-exhaustion of domestic remedies) ; No violation of Art. 2
A doctor by negligence had caused the termination of a pregnancy at the 20 to 24 weeks . .
Grand Chamber – The Court considered the prohibition of abortion in Ireland: ‘The first two applicants principally complained under Article 8 about, inter alia, the prohibition of abortion for health and well-being reasons in Ireland and the third . .
Whether the First Appellant, Alfred McConnell (whose name was at one time anonymised to TT), a transgender man and holder of a gender recognition certificate, is entitled to be registered as the ‘father’, or otherwise ‘parent’ or ‘gestational . .
Dangers of negative sterotyping . .
The hospital where a gravely ill man had been treated had asked for a declaration that it would be in his best interests to withhold certain life-sustaining treatments from him. When can it be in the best interests of a living patient to withhold . .
Hudoc Judgment (Struck out of the list) Struck out of the list (solution of the matter)
The applicant came from the Congo. He came to France, where he was a failed asylum seeker and a convicted drug . .
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .
This is a continuation of the list of significant recent cases on our front page. As a most recent case pushes its way to the top, the last on teh front page falls into here. Newest significant cases.
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
References: [2013] EWHC 242 (COP) Links: Bailii Coram: Cobb J K was a young lady llivng amid her family with Downs syndrome. The family were thought too want her to be sterilised. The local authority applied to the court to determine whether this should be prevented. It was agreed that she was not currently sexually … Continue reading A Local Authority v K; COP 15 Feb 2013
