Category: Human Rights

Roberts, Regina (on The Application of) v The Commissioner of The Metropolitan Police: Admn 17 Jul 2012

The claimant challenged the legality of section 60 of the 1994 Act as an interference in her article 8 rights. She had been caught on a bus without her fare and gave a false name and address. A direction had been given authorising any person to be stopped and searched for any unauthorised weapon, and the police officer searched her under the authority.
Held: The application failed.
Moses LJ said: ‘There is an important issue as to whether the legislation is being used in a racially discriminatory manner. But that issue cannot be determined in these proceedings. In order to establish that the power of stop and search exercised under a s.60 authorisation is being used in a racially discriminatory manner it is not sufficient merely to swap written statistics and expect the court to resolve the issue. Liberty and the claimant have advanced a substantial quantity of statistics in an attempt to prove that the powers are being used in a racially discriminate manner. The statistics on which they rely are challenged by the Commissioner of Police on the basis that they do not accurately represent the proportion of black minority ethnic groups in the areas in which such searches are authorised. Moreover, the Commissioner challenges the inferences which might be drawn from the statistics. These issues cannot be resolved merely by assertion and counter-assertion founded on figures and percentages. Indeed, it would be highly dangerous to do so. If a court permitted itself to reach a conclusion on the basis of challenged and disputed statistics it might only exacerbate a fraught and sensitive subject.’

Judges:

Moses LJ, Eady J

Citations:

[2012] EWHC 1977 (Admin), [2012] HRLR 28

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1994 60, European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

Cited – Diedrick, Regina (on The Application of) v Hampshire Constabulary and Others Admn 26-Jul-2012
The claimant challenged the alteration of the PACE code of conduct to remove the mandatory requirement on an officer executing a stop and account or stop and search to record the self-defined ethnicity of the person so stopped, and also to challenge . .
Appeal from – Roberts, Regina (on The Application of) v The Commissioner of Police of The Metropolis and Others CA 4-Feb-2014
The claimant asserted that the provisions of section 60 of the 1994 Act, which allowed personal searches by police officers where no suspicion of misbehaviour was present, infringed her rights under Article 8 of the Convention.
Held: The . .
At First Instance – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights, Discrimination

Updated: 15 September 2022; Ref: scu.462909

Reilly, Re Judicial Review: CANI 6 Apr 2011

The applicant had been granted judicial review of a decision by the parole board not to grant his release on parole but without having afforded him an oral hearing. The Board now appealed.
Held: The appeal succeeded. The court followed the approach which had been adopted by the Court of Appeal of England and Wales in the cases of Osborn and Booth, concluding that, since the factual issues highlighted by the appellant’s solicitors were not of critical importance, it followed that the board could fairly conclude that an oral hearing would not assist it in its determination of the relevant issue.

Judges:

Higgins LJ, Coghlin LJ, The Rt Hon Sir Anthony Campbell

Citations:

[2011] NICA 6

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Appeal from – Reilly, Re Judicial Review QBNI 13-Apr-2010
The claimant said that a decision had been made as to his release from prison but without his having had opportunity to make oral representations.
Held: The board had acted in breach of its common law duty to act fairly, and incompatibly with . .
Appeal from – Reilly, Re Judicial Review QBNI 10-May-2010
The court had found that the respondent had acted in breach of the claimant’s human rights in making a decision against his release from prison on parole without affording an opportunity to make oral representations. It now considered the remedy. . .
Applied – Osborn and Another v The Parole Board CA 15-Dec-2010
The three claimants complained that the respondent had made decisions adverse to them as to their release to or recall from parole.
Held: Review was refused. While there was ‘some force in the submission that, contrary to the understanding of . .

Cited by:

Appeal from – Osborn v The Parole Board SC 9-Oct-2013
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Prisons, Human Rights

Updated: 15 September 2022; Ref: scu.441895

Omotunde v Secretary of State for the Home Department: UTIAC 25 May 2011

ECJ 1. When applying the judgment of the Court of Justice of the European Union in Ruiz Zambrano (European citizenship) [2011] EUECJ Case C-34/09 OJ 2011 C130/2 and that of the Supreme Court in ZH (Tanzania) [2011] UKSC 4; [2011] 2 WLR 148, in relation to the proposed administrative removal or deportation of one or both of his non-national parents, the welfare of a child, particularly a child who is a British citizen, is a primary consideration.
2. National courts must engage with the question whether removal of a particular parent will ‘deprive [the child] of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen’.
3. Where there are strong public interest reasons to expel a non-national parent, any right of residence for the parent is not an absolute one but is subject to the Community Law principle of proportionality. There is no substantial difference between the human rights based assessment of proportionality of any interference considered by Lady Hale in ZH (Tanzania) and the approach required by Community law.
4. In this particular context, the Article 8 assessment questions set out in Razgar [2004] UKHL 27 should be tailored as follows, placing the assessment of necessity where it most appropriately belongs in the final question dependent on the outcome of proportionality and a fair balance, rather than as part of the identification of the legitimate aim:
1. Is there family life enjoyed between the appellant and a minor child that requires respect in the context of immigration decision making?
2. Would deportation of the parent interfere with the enjoyment of that family life?
3. Is such an interference in accordance with the law?
4. Is such an interference in pursuit of a legitimate aim?
5. Is deportation necessary, proportionate and a fair balance between the rights to respect for the family life of the appellant and the child and the particular public interest in question?

Judges:

Blake J P

Citations:

[2011] UKUT 247 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 15 September 2022; Ref: scu.441705

Al-Jedda v United Kingdom: ECHR 7 Jul 2011

Grand Chamber – The international measure relied on by the respondent state had to be interpreted in a manner that minimised the extent to which arbitrary detention was sanctioned or required.
The court described its role in settling awards of compensation under the Convention: ‘The court recalls that it is not its role under article 41 to function akin to a domestic tort mechanism court in apportioning fault and compensatory damages between civil parties. Its guiding principle is equity, which above all involves flexibility and an objective consideration of what is just, fair and reasonable in all the circumstances of the case, including not only the position of the applicant but the overall context in which the breach occurred. Its non-pecuniary awards serve to give recognition to the fact that moral damage occurred as a result of a breach of a fundamental human right and reflect in the broadest of terms the severity of the damage.’

Citations:

27021/08, [2011] ECHR 1092, 30 BHRC 637, (2011) 53 EHRR 23

Links:

Bailii

Statutes:

European Convention on Human Rights 5 41

Jurisdiction:

Human Rights

Citing:

At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned.
Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights . .
At Admn (1) – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005
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 . .
At HL – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening) HL 12-Dec-2007
The appellant who had dual Iraqi and British nationality complained of his detention by British troops in Iraq. He was not charged with any offence, but was detained on the ground that his internment is necessary for imperative reasons of security . .
At SIAC (1) – Al-Jedda v Secretary of State for the Home Department SIAC 23-May-2008
The appellant had been granted british citizenship. He now appealed against a an order under section 40(2) of the 1981 Act depriving him of his British citizenship on the ground that the respondent was satisfied that deprivation was conducive to the . .
At SIAC (2) – Al-Jedda v Secretary of State for the Home Department SIAC 22-Oct-2008
The Court was asked whether or not the procedural protections afforded by Article 6(1) ECHRR as identified by the House of Lords in Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 apply to the Appellant’s appeal . .
At ECHR (1) – Al-Jedda v The United Kingdom ECHR 2-Mar-2009
The claimant, an Iraqi and British national complained of his arrest and internment on suspicion of terrorist involvement. . .
See Also – Al-Jedda v Secretary of State for Defence QBD 5-Mar-2009
The claimant, an Iraqi/British national complained of his detention in Iraq by the defendant without any due process. . .
At SIAC (3) – Al-Jedda v Secretary of State for the Home Department SIAC 7-Apr-2009
The appellant challenged an order made under the 1981 Act revoking his British citizenship, saying that it infringed his article 8 rights to family life. . .
See Also – Al-Jedda v Secretary of State for The Home Department CA 12-Mar-2010
The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. . .
See Also – Al-Jedda v Secretary of State for Defence CA 8-Jul-2010
Al Jedda, who had both Iraqi and British nationality, sought damages for unlawful imprisonment by reason of his detention by British forces in a military detention centre in Iraq. . .
See Also – Hilal Al-Jedda v Secretary of State for The Home Department SIAC 26-Nov-2010
Deprivation of Citizenship – Substantive – Dismissed . .
At SIAC (3) – Al-Jedda v Secretary of State for The Home Department (Deprivation of Citizenship Directions – Oral Ruling ) SIAC 7-Feb-2014
Order . .

Cited by:

Cited – Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another SC 1-May-2013
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not . .
See Also – Al-Jedda v Secretary of State for The Home Department CA 29-Mar-2012
The appellant had been deprived of his British Citizenship by an order of the respondent under the 1981 Act. That had meant that he was unable to return to the UK. He now appealed against refusal of his challenge to the order. . .
At ECHR (2) – Secretary of State for The Home Department v Al-Jedda SC 9-Oct-2013
The claimant had obtained British citizenship, but had had it removed by the appellant by an order under the 1981 Act after he came to be suspected of terrorist involvement. He had appealed against the order, eventually succeeding on the basis that . .
At ECHR (2) – Al-Jedda v Secretary of State for the Home Department SIAC 7-Apr-2009
The appellant challenged an order made under the 1981 Act revoking his British citizenship, saying that it infringed his article 8 rights to family life. . .
At ECHR (2) – Al-Jedda v Secretary of State for Defence CA 8-Jul-2010
Al Jedda, who had both Iraqi and British nationality, sought damages for unlawful imprisonment by reason of his detention by British forces in a military detention centre in Iraq. . .
At ECHR (2) – Al-Jedda v Secretary of State for The Home Department CA 12-Mar-2010
The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. . .
At ECHR (2) – Hilal Al-Jedda SIAC 18-Jul-2014
lSIAC Deprivation of Citizenship : Preliminary Issue . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Damages

Updated: 15 September 2022; Ref: scu.441607

Regina v SK: CACD 8 Jul 2011

The defendant appealed against her conviction for trafficking a complainant into the United Kingdom for the purposes of exploitation, contrary to section 4 of the 2004 Act.
Held: The appeal succeeded, and a retrial ordered. The court identified a hierarchy of denial of personal autonomy encapsulated in the concept of trafficking in Article 4 of the Convention. ‘Slavery’ involved treating someone as belonging to oneself, rather as an animal or object; ‘servitude’ involved an obligation enforced by coercion to provide services for another person; and ‘force or compulsory labour’ involved work under the threat of penalty and performed against the will of the person concerned. The three concepts were not necessarily mutually exclusive. The common denominator between them was that the victim was subject to enforced control.

Judges:

Toulson LJ, Wyn Williams, Lindblom JJ

Citations:

[2012] Crim LR 63, [2011] EWCA Crim 1691, [2011] 2 Cr App R 34

Links:

Bailii

Statutes:

Asylum and Immigration (Treatment of Claimants, etc) Act 2004, European Convention on Human Rights 4

Jurisdiction:

England and Wales

Citing:

Cited – Siliadin v France ECHR 26-Jul-2005
(French Text) A 15-year-old girl, had been brought from Togo to France and made to work for a family without pay for 15 hours a day. She had been held in servitude and required to perform forced labour
Held: France had violated article 4 by . .

Cited by:

Cited – N, Regina v CACD 20-Feb-2012
The court considered the offence of child trafficking. The defendants had been the victims of such offences and used for managing cannabis production. It was argued that neither defendant should have been prosecuted.
Held: The appeals failed. . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 15 September 2022; Ref: scu.441549

Botta v Italy: ECHR 15 Jan 1996

Citations:

(1998) 26 EHRR 241, 21439/93

Links:

Bailii

Cited by:

See Also – Botta v Italy ECHR 24-Feb-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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 15 September 2022; Ref: scu.441530

LM (Article 8 – Married Appellant – Proportionality) Jamaica: UTIAC 22 Oct 2010

UTIAC It was not a violation of Article 8 ECHR to remove the appellant to Jamaica given that she married her BOT citizen husband from Montserrat when she was here without leave, substantially failed to comply with the Immigration Rules, had no UK born children and strong family connections in Jamaica, including three children one still a minor. Despite the fact that the settled husband was in receipt of invalidity benefit here, it was reasonable to expect him to follow the appellant to Jamaica.

Citations:

[2010] UKUT 379 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 15 September 2022; Ref: scu.425494

Religionsgemeinschaft der Zeugen Jehovas And Others v Austria: ECHR 31 Jul 2008

The State has a duty to remain neutral and impartial in exercising its regulatory power in the sphere of religious freedom and in its relations with different religions, denominations and beliefs.

Citations:

40825/98, [2008] ECHR 762

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – The Church of Jesus Christ of Latter-Day Saints v United Kingdom ECHR 4-Mar-2014
latterdayECHR0314
The claimant said that it had been wrongfully deprived of relief from business rates for its two temples. It asserted that it was a religion, and that the treatment was discriminatory. The government said that the refusal was on the basis alone that . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Ecclesiastical

Updated: 15 September 2022; Ref: scu.272727

Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility.
Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in this case to the police officer that the appellant, preaching about morality, was about to cause a breach of the peace.
Sedley LJ said: ‘A judgment as to the imminence of a breach of the peace does not conclude the constable’s task. The next and critical question for the constable, and in turn for the court, is where the threat is coming from, because it is there that preventive action must be directed. It is only if otherwise lawful conduct gives rise to a reasonable apprehension that it will, by interfering with the rights or liberties of others, provoke violence which, though unlawful, would not be entirely unreasonable that a constable is empowered to take steps to prevent it . . Mr Kealy for the prosecutor submitted that if there are two alternative sources of trouble, a constable can properly take steps against either. This is right, but only if both are threatening violence or behaving in a manner that might provoke violence’ and ‘The test to determine whether the police officer’s action was reasonable was an objective one, in the sense that it was for the courts to decide, not whether the view taken by that officer fell within the broad band of rational decisions but whether, in the light of what he knew and perceived at the time, the court was satisfied that it was reasonable to fear an imminent breach of the peace and that reasonableness had to be evaluated without the qualifications of hindsight.’
Sedley LJ said: ‘Freedom of speech includes not only the inoffensive but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative, provided it does not tend to provoke violence. Freedom only to speak inoffensively is not worth having. What Speakers’ Corner (where the law applies as fully as anywhere else) demonstrates is the tolerance which is both extended by the law to opinion of every kind and expected by the law in the conduct of those who disagree, even strongly, with what they hear. From the condemnation of Socrates to the persecution of modern writers and journalists, our world has seen too many examples of state control of unofficial ideas. A central purpose of the European Convention on Human Rights has been to set close limits to any such assumed power. We in this country continue to owe a debt to the jury which in 1670 refused to convict the Quakers William Penn and William Mead for preaching ideas which offended against state orthodoxy.’

Judges:

Sedley LJ

Citations:

Times 28-Jul-1999, [2000] HRLR 249, [1999] EWHC Admin 733, (1999) 7 BHRC 375, [1999] Crim LR 998, (1999) 163 JP 789, CO/188/99

Links:

Bailii

Statutes:

Police Act 1996 89(2)

Jurisdiction:

England and Wales

Citing:

Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Cited – Beatty v Gilbanks CA 13-Jun-1882
A lawful Salvation Army march attracted disorderly opposition and was therefore the occasion of a breach of the peace.
Held: It could not be found a case of unlawful assembly against the leaders of the Salvation Army march. Accepting that a . .
Cited – Duncan v Jones KBD 1936
The appellant was about to make a public address in a situation in which the year before a disturbance had been incited by her speaking. A policeman believed reasonably that a breach of the peace would occur if the meeting was held, and ordered the . .
Cited – Wise v Dunning KBD 1902
A protestant preacher in Liverpool was held to be liable to be bound over to keep the peace upon proof that he habitually accompanied his public speeches with behaviour calculated to insult Roman Catholics. His actions had caused, and were liable to . .
Cited – Regina v Howell (Errol) CACD 1981
The court considered the meaning of the legal concept of a breach of the peace.
Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable . .
Cited – Regina v Nicol and Selvanayagam QBD 10-Nov-1995
The appellants appealed a bind-over for a finding that each appellant had been guilty of conduct whereby a breach of the peace was likely to be occasioned. The appellants, concerned about cruelty to animals, had obstructed an angling competition by . .
Cited – Percy v Director of Public Prosecutions QBD 13-Dec-1994
A woman protester repeatedly climbed over the perimeter fencing into a military base.
Held: The defendant had a choice between agreeing to be bound over and going to prison. Her refusal to agree to be bound over had an immediate and obvious . .
Cited – Regina v Morpeth Ward Justices, ex parte Ward 1992
A bind-over was upheld on people who had noisily and turbulently disrupted a pheasant shoot. . .

Cited by:

Distinguished – Norwood v Director of Public Prosecutions Admn 3-Jul-2003
The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the . .
Cited – Laporte, Regina (on the Application of) v Gloucestershire Constabulary and others CA 8-Dec-2004
The claimant had been in a bus taking her and others to an intended demonstration. The police feared breaches of the peace, and stopped the bus, and ordered the driver to return to London, and escorted it to ensure it did not stop.
Held: The . .
Cited – Wragg, Regina (on the Application Of) v Director of Public Prosecutions Admn 15-Jun-2005
The court faced a case stated where the defendant had been accused of resisting arrest. The officers claimed to have anticipated a breach of the peace, having been called to a domestic dispute.
Held: Though the defendant had not behaved with . .
Cited – Singh and others v Chief Constable of West Midlands Police QBD 4-Nov-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 . .
Cited – Bibby v Chief Constable of Essex Police CA 6-Apr-2000
A bailiff sought to execute against goods in a shop against the will of the occupier. The police attended and when tempers were raised the police officer anticipated a breach of the peace by the bailiff and arrested him. He sought damages for that . .
Cited – Singh, Regina (on the Application of) v Chief Constable of West Midlands Police CA 28-Jul-2006
Sikh protesters set out to picket a theatre production which they considered to offend their religion. The respondent used a existing ASBO dispersal order which had been obtained for other purposes, to control the demonstration.
Held: The . .
Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Gaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
Cited – Abdul and Others v Director of Public Prosecutions Admn 16-Feb-2011
The defendants appealed against convictions for using threatening, abusive or insulting words or behaviour or disorderly behaviour . . within the hearing or sight of a person likely to be caused harassment, alarm or distress. He had attended a . .
Cited – Moos and Another, Regina (on The Application of) v Commissioner of the Police of The Metropolis Admn 14-Apr-2011
The claimants, demonstrators at the G20 summit, complained of the police policy of kettling, the containment of a crowd over a period of time, not because they were expected to to behave unlawfully, but to ensure a separation from those who were. . .
Cited – McClure and Another, Regina (on The Application of) v The Commissioner of Police of The Metropolis CA 19-Jan-2012
The Commissioner appealed against a decision that certain aspects of its crowd control procedures exercised during a public protest were unlawful.
Held: The appeal succeeded. The issue came down to whether the commanding officer genuinely held . .
Cited – Dehal v Crown Prosecution Service Admn 27-Sep-2005
The appellant had been convicted under section 4 of the 1986 Act. He had been accused of attending at Luton Guruwarda and intending to cause distress. He said that he had gone only peacefully to express his true religious beliefs. He had left a . .
Cited – Jewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .
Cited – Roberts and Others v Regina CACD 6-Dec-2018
Sentencing of Political Protesters
The defendants appealed against sentences for causing a public nuisance. They had been protesting against fracking by climbing aboard a lorry and blocking a main road for several days.
Held: The appeals from immediate custodial sentences were . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Crime, Police

Leading Case

Updated: 15 September 2022; Ref: scu.139996

Iovchev v Bulgaria: ECHR 2 Feb 2006

To engage article 3, the claimant needs to assert a level of suffering which might be described as ‘intense’.

Citations:

41211/98, [2006] ECHR 97

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 3

Jurisdiction:

Human Rights

Cited by:

Cited – Janner, Regina (on The Application of) v The Crown Prosecution Service Admn 13-Aug-2015
The claimant challenged the decision that he should face trial on charges of historic sexual abuse. He was now elderly and said to be unfit to attend court or instruct his lawyers, suffering Alzheimers. He sought interim relief against being . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 14 September 2022; Ref: scu.239486

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned.
Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that the exigencies posed by a threat to the peace must override, for the duration of the emergency, the requirements of a human rights convention (seemingly other than ius cogens, from which no derogation is possible), the UN Charter has given it power to so provide. The Security Council has primary responsibility for the maintenance of international peace and security, and one of the purposes of the United Nations, by which it is bound to act, is to take effective collective measures for the prevention and removal of threats to the peace (see para 56 above). There is no need for a member state to derogate from the obligations contained in a human rights convention by which it is bound in so far as a binding Security Council resolution overrides those obligations.’ and ‘The concept of internment for imperative reasons of security is a very familiar one in international law. It creates a high threshold test, and it is available in the ordinary way to a belligerent power both during a war and for up to a year during any period of occupation that follows the end of the war. International law obliges those states who are parties to Geneva IV to treat their internees in the humanitarian way prescribed by that Convention and to afford them the rights of review and appeal that are prescribed by Article 78. In the case of Iraq, it can be taken that UNSCR 1511 (2003), by authorising the MNF ‘to take all necessary measures to contribute to the maintenance of security and stability in Iraq’, extended the power of internment beyond the original one-year term under Geneva IV. It is not open to this national court to hold that the Security Council had no power to do so. ‘

Judges:

Lord Justice May Lord Justice Brooke Lord Justice Rix

Citations:

[2006] UKHRR 855, [2006] HRLR 27, [2006] 3 WLR 954, [2006] EWCA Civ 327, Times 25-Apr-2006, [2007] QB 621

Links:

Bailii

Statutes:

Charter of the United Nations 103, European Convention on Human Rights, Private International Law (Miscellaneous Provisions) Act 1995 11 12

Jurisdiction:

England and Wales

Citing:

Appeal from – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005
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 . .
Cited – Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence CA 21-Dec-2005
The claimants were dependants of Iraqi nationals killed in Iraq.
Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The . .
Cited – Consequences for States of the Continued Presence of South Africa in Namibia (South-West Africa) Notwithstanding Security Council Resolution 276 (1970) ICJ 21-Jun-1971
The International Court of Justice referred to the maintenance of an apartheid regime as being a flagrant violation of the purposes and principles of the UN Charter,
Article 22(1) of the Covenant of the League of Nations provided for the grant . .
Cited – Loizidou v Turkey (Merits) ECHR 18-Dec-1996
The court was asked whether Turkey was answerable under the Convention for its acts in Northern Cyprus.
Held: It was unnecessary to determine whether Turkey actually exercised detailed control over the policies and actions of the authorities . .
Cited – McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom ECHR 21-Nov-2001
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint.
Held: . .
Cited – Bosphorus Hava Yollari Turizm Ve Ticaret Anonim Sirketi v Ireland ECHR 30-Jun-2005
ECHR Judgment (Merits) – Preliminary objections rejected (out of time, non-exhaustion of domestic remedies); No violation of P1-1. . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited HL 13-Oct-2005
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had . .
Cited – Case Concerning United States Diplomatic and Consular Staff in Tehran ICJ 24-May-1980
The International Court of Justice said that ‘wrongfully to deprive human beings of their freedom and to subject them to physical constraint in conditions of hardship is in itself manifestly incompatible with the principles of the Charter of the . .
Cited – Kuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .
Cited – Occidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .
Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Cited – Roerig v Valiant Trawlers Ltd CA 28-Jan-2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under . .
Cited – Harding v Wealands CA 17-Dec-2004
The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied.
Held: The general rule in section 11 was not to . .
Cited – Bici and Bici v Ministry of Defence QBD 7-Apr-2004
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 . .
Cited – Regina (Abbasi) v Secretary of State for Foreign Affairs CA 6-Nov-2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its . .
Cited – Liversidge v Sir John Anderson HL 3-Nov-1941
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 . .

Cited by:

Appeal from – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening) HL 12-Dec-2007
The appellant who had dual Iraqi and British nationality complained of his detention by British troops in Iraq. He was not charged with any offence, but was detained on the ground that his internment is necessary for imperative reasons of security . .
Cited – VTB Capital Plc v Nutritek International Corp and Others SC 6-Feb-2013
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for . .
At CA(1) – Al-Jedda v Secretary of State for the Home Department SIAC 23-May-2008
The appellant had been granted british citizenship. He now appealed against a an order under section 40(2) of the 1981 Act depriving him of his British citizenship on the ground that the respondent was satisfied that deprivation was conducive to the . .
At CA – Al-Jedda v Secretary of State for the Home Department SIAC 22-Oct-2008
The Court was asked whether or not the procedural protections afforded by Article 6(1) ECHRR as identified by the House of Lords in Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 apply to the Appellant’s appeal . .
At CA – Al-Jedda v The United Kingdom ECHR 2-Mar-2009
The claimant, an Iraqi and British national complained of his arrest and internment on suspicion of terrorist involvement. . .
At CA – Al-Jedda v Secretary of State for Defence QBD 5-Mar-2009
The claimant, an Iraqi/British national complained of his detention in Iraq by the defendant without any due process. . .
At CA – Al-Jedda v Secretary of State for the Home Department SIAC 7-Apr-2009
The appellant challenged an order made under the 1981 Act revoking his British citizenship, saying that it infringed his article 8 rights to family life. . .
At CA (1) – Al-Jedda v Secretary of State for The Home Department CA 12-Mar-2010
The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. . .
At CA(1) – Al-Jedda v Secretary of State for Defence CA 8-Jul-2010
Al Jedda, who had both Iraqi and British nationality, sought damages for unlawful imprisonment by reason of his detention by British forces in a military detention centre in Iraq. . .
At CA (1) – Hilal Al-Jedda v Secretary of State for The Home Department SIAC 26-Nov-2010
Deprivation of Citizenship – Substantive – Dismissed . .
At CA (1) – Al-Jedda v United Kingdom ECHR 7-Jul-2011
Grand Chamber – The international measure relied on by the respondent state had to be interpreted in a manner that minimised the extent to which arbitrary detention was sanctioned or required.
The court described its role in settling awards of . .
At CA (1) – Al-Jedda v Secretary of State for The Home Department CA 29-Mar-2012
The appellant had been deprived of his British Citizenship by an order of the respondent under the 1981 Act. That had meant that he was unable to return to the UK. He now appealed against refusal of his challenge to the order. . .
At CA (1) – Secretary of State for The Home Department v Al-Jedda SC 9-Oct-2013
The claimant had obtained British citizenship, but had had it removed by the appellant by an order under the 1981 Act after he came to be suspected of terrorist involvement. He had appealed against the order, eventually succeeding on the basis that . .
See Also – Al-Jedda v Secretary of State for The Home Department (Deprivation of Citizenship Directions – Oral Ruling ) SIAC 7-Feb-2014
Order . .
See Also – Hilal Al-Jedda SIAC 18-Jul-2014
lSIAC Deprivation of Citizenship : Preliminary Issue . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Armed Forces

Updated: 14 September 2022; Ref: scu.239737

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the appellant was wrongly denied legal representation of his own choosing, and the appeal was limited to damages.
Held: The ECHR has been reluctant to allow a violation of article 6 to be, in itself, just satisfaction under article 41 only where the Court finds a causal connection between the violation found and the loss for which an applicant claims to be compensated. Where, having found a violation of article 6, the ECHR has made an award of monetary compensation under article 41, under either of the heads of general damages it considered in this opinion, whether for loss of procedural opportunity or anxiety and frustration, the sums awarded have been noteworthy for their modesty. It was argued awards should not be on the low side as compared with tortious awards, and that English courts should be free to depart from the scale of damages awarded by the European Court using English awards as comparators. That was incorrect the purpose of the 1998 Act was to avoid for claimants the need to go to Strasbourg, not to make greater awards than would be available there. The finding itself should be treated as just satisfaction save only in exceptional circumstances.
Lord Bingham pointed out that Convention claims have very different objectives from civil actions. Where civil actions are designed essentially to compensate claimants for their losses, Convention claims are intended rather to uphold minimum human rights standards and to vindicate those rights.

Judges:

Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2005] UKHL 14, Times 18-Feb-2005, [2005] 1 WLR 673

Links:

House of Lords, Bailii

Statutes:

European Convention on Human Rights 5, Human Rights Act 1998 8

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina (Carroll and Another) v Secretary of State for the Home Department; Regina (Greenfield) v Same CA 19-Jul-2001
The applicants had been disciplined whilst in prison, and suffered various penalties including the loss of remission. They argued that the penalties had been imposed in breach of their human rights and that the protection given for intimate searches . .
Cited – Piersack v Belgium ECHR 1-Oct-1982
Hudoc applicant convicted of murder complained that his right to a fair trial under Article 6(1) had been denied because the trial court had been presided over by a Judge who, when senior deputy procureur, had . .
Cited – GW v United Kingdom ECHR 15-Jun-2004
. .
Cited – Ezeh and Connors v The United Kingdom ECHR 15-Jul-2002
The applicants were serving prisoners. They had been the subject of disciplinary proceedings in which they had been denied the right to representation. They claimed an infringement of their right to a fair trial.
Held: Both proceedings had . .
Cited – Bonisch v Austria ECHR 6-May-1985
Hudoc ‘. . . in the present case an award of just satisfaction can only be based on the fact that the applicant did not have, before the Austrian courts, the benefit of the guarantees of Article 6(1).’ . .
Cited – Anufrijeva v Secretary of State for the Home Department CA 22-Mar-2002
Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum . .
Cited – De Cubber v Belgium ECHR 26-Oct-1984
The applicant a Belgian, had been convicted of forgery. He said that the court had not been an impartial tribunal because one of the judges had also acted as an investigating judge in his case. Amongst the grounds on which it was contended that . .
Cited – Perks and others v The United Kingdom ECHR 12-Oct-1999
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 5-1; Art. 5-5 inapplicable; Violation of Art. 6-1; Violation of Art. 6-3-c; Non-pecuniary damage – financial award (Perks); Non-pecuniary damage . .
Cited – Delta v France ECHR 19-Dec-1990
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-d; Damage – financial award; Costs and expenses – claim rejected . .
Cited – Vidal v Belgium ECHR 22-Apr-1992
Hudoc Violation of Art. 6; Just satisfaction reserved . .
Cited – Pelissier and Sassi v France ECHR 25-Mar-1999
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-a; Violation of Art. 6-1+6-3-b; Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and . .
Cited – Benham v United Kingdom ECHR 8-Feb-1995
Legal Aid was wrongfully refused where a tax or fine defaulter was liable to imprisonment, and the lack of a proper means enquiry, made imprisonment of poll tax defaulter unlawful. A poll tax defaulter had been wrongly committed to prison by . .
Cited – Findlay v The United Kingdom ECHR 25-Feb-1997
The applicant complained that the members of a court-martial were appointed by the Convening Officer, who was closely linked to the prosecuting authorities. The members of the court-martial were subordinate in rank to the Convening Officer who had . .
Cited – Zielinski v France ECHR 28-Oct-1999
Hudoc The applicants challenged a retrospective change in employment law under article 6(1).
Held: The court stated that while in principle the legislature is not precluded in civil matters from adopting . .
Cited – Edwards and Lewis v United Kingdom ECHR 27-Oct-2004
E had been convicted of possession of heroin with intent to supply, and L of possession of counterfeit currency. In each case public interest certificates had been obtained to withold evidence from them. The judge had refused requests to exclude . .
Cited – Kingsley v The United Kingdom ECHR 7-Nov-2000
The judicial review procedure which restricted the matters which it considered so as to exclude consideration of the allegation by the applicant that the tribunal whose decision he challenged had not been impartial, was insufficient to support the . .
Cited – Polskiego v Poland ECHR 21-Sep-2004
. .
Cited – Kingsley v The United Kingdom (No 2) ECHR 28-May-2002
The finding that a party had been denied a fair trial may of itself be sufficient compensation. The applicant had been excluded from management of licensed casinos. The appeal board had been found to have given the appearance of bias against him. . .
Cited – Lewis v The United Kingdom ECHR 25-Nov-2003
Police had made secret tape recordings of conversations in the claimant’s home, which recordings had later been used as evidence against him, and had led to his conviction.
Held: At the time of the recordings there was no statutory system . .
Cited – Edwards and Lewis v The United Kingdom ECHR 22-Jul-2003
(Commission) The claimants said that the procedures used to secure their convictions amounted to entrapment, and that UK criminal procedures did not give sufficient protection so as to provide a fair trial. One was arrested with heroin, and the . .
Cited – Davies v The United Kingdom ECHR 16-Jul-2002
The applicant had been subject to applications for his disqualification from acting as a company director. The Secretary of State waited until the last day before issuing proceedings, and the proceedings were then delayed another three years pending . .
Cited – Goddi v Italy ECHR 9-Apr-1984
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-3-c; Non-pecuniary damage – financial award . .
Cited – Hooper v United Kingdom ECHR 16-Nov-2004
The defendant had appeared in court on a charge of assault. The magistrate considered that he might be unruly and withoutmore bound him over to keep the peace. In the absence of any surety, he was committed to custody.
Held: The proceedings . .
Cited – Colozza v Italy ECHR 12-Feb-1985
The defendant complained that he had been tried and convicted in his absence.
Held: The right to a fair trial had been breached: ‘the object and purpose of [article 6] taken as a whole show that a person ‘charged with a criminal offence’ is . .
Cited – Weeks v The United Kingdom ECHR 2-Mar-1987
The applicant, aged 17, was convicted of armed robbery and sentenced to life imprisonment in the interests of public safety, being considered by the trial judge on appeal to be dangerous.
Held: ‘The court agrees with the Commission and the . .
Cited – O v The United Kingdom ECHR 8-Jul-1987
Hudoc Violation of Art. 6-1; Just satisfaction reserved
Hudoc Judgment (Just satisfaction) Costs and expenses – struck out of the list (friendly settlement); . .
Cited – Lechner And Hess v Austria ECHR 23-Apr-1987
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses . .
Cited – Regina (Bernard and Another) v Enfield Borough Council Admn 25-Oct-2002
The claimants were husband and wife. They had six children. The wife was severely disabled and confined to a wheelchair. The defendant Council provided the family with a small house but in breach, as they ultimately accepted, of section 21(1) (a) of . .
Cited – De Geouffre De La Pradelle v France ECHR 16-Dec-1992
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Not necessary to examine Art. 13; Pecuniary damage – financial award; Costs and expenses . .
Cited – Migon v Poland ECHR 25-Jun-2002
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4; Non-pecuniary damage – finding of violation sufficient; Costs and expenses (domestic proceedings) – claim rejected
‘In the present case, . .
Cited – Robins v The United Kingdom ECHR 23-Sep-1997
Over-long delay by court system in settling amount of costs constituted breach of human rights; order made in 1991, not settled till 1995 . .
Cited – KB and Others, Regina (on the Applications of) v Mental Health Review Tribunal Admn 23-Apr-2002
Damages were claimed by three mental health patients whose rights under Article 5(4) had been infringed because of inordinate delay in processing their claims to mental health review tribunals.
Held: Article 5.5 did not make an award of . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Nikolova v Bulgaria ECHR 25-Mar-1999
(Grand Chamber) The claimant had been detained for long periods after coming under suspicion of theft of large sums. Her detention had initially been ordered by prosecutors. Her initial appeals against her detention were also decided by prosecutors. . .

Cited by:

Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Cited – Watkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .
Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Cited – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned.
Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights . .
Cited – Van Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007
The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The . .
Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Cited – Dobson and others v Thames Water Utilities Ltd and Another CA 29-Jan-2009
The claimants complained of odours and mosquitoes affecting their properties from the activities of the defendants in the conduct of their adjoining Sewage Treatment plant. The issue was as to the rights of non title holders to damages in nuisance . .
Cited – Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another SC 1-May-2013
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not . .
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Cited – Shahid v Scottish Ministers (Scotland) SC 14-Oct-2015
The appellant convicted of a racially-aggravated vicious murder. Since conviction he had spent almost five years in segregation from other prisoners. The appellant now alleged that some very substantial periods of segregation had been in breach of . .
Cited – Commissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .
Cited – Lee-Hirons v Secretary of State for Justice SC 27-Jul-2016
The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed . .
Cited – Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Nov-2019
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia . .
Lists of cited by and citing cases may be incomplete.

Prisons, Damages, Human Rights

Updated: 14 September 2022; Ref: scu.222767

Regina (Carroll and Another) v Secretary of State for the Home Department; Regina (Greenfield) v Same: CA 19 Jul 2001

The applicants had been disciplined whilst in prison, and suffered various penalties including the loss of remission. They argued that the penalties had been imposed in breach of their human rights and that the protection given for intimate searches was inadequate.
Held: Although the proceedings may have the effect of postponing the prisoners release, in law they only reduced the extent of remission, and were not therefore criminal proceedings, but rather disciplinary ones, and therefore the Human Rights provisions did not apply. As to the searches there was no obligation on an officer to give reasons for the requirement for an intimate search. They were undignified, and must only be undertaken for good reason, but that good reason existed here. It was impractical to require reasons to be given, though where it was not impractical, it might be good practice to give them. Such a search, where general, should be made on the authority only of somebody of governor grade, and the reasons recorded.

Judges:

Woolf LCJ, Tuckey LJ, Arden LJ

Citations:

Times 16-Aug-2001, [2002] 1 WLR 545

Statutes:

Criminal Justice Act 1991 42(2), European Convention on Human Rights 5.1 6

Jurisdiction:

England and Wales

Citing:

Appeal from – Greenfield v Secretary of State for Home Department Admn 22-Feb-2001
Disciplinary proceedings within a prison were not criminal charges so as to bring into play the provisions of the Human Rights Act, even though they could result in an extension of the time which would be served by the prisoner. Such proceedings . .

Cited by:

Appealed to – Greenfield v Secretary of State for Home Department Admn 22-Feb-2001
Disciplinary proceedings within a prison were not criminal charges so as to bring into play the provisions of the Human Rights Act, even though they could result in an extension of the time which would be served by the prisoner. Such proceedings . .
Appeal from – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights

Updated: 14 September 2022; Ref: scu.159482

Halcrow and Another v Crown Prosecution Service: Admn 10 Mar 2021

The court was asked whether the appellants had a reasonable excuse, within the meaning of the Stonehenge Regulations 1997, for entering the stone circle at Stonehenge on 4 February 2018 and 6 May 2018. The reasonable excuse was that the restrictions on entry to the stone circle impermissibly infringed the appellants’ rights under articles 9, 10 and 11 of the European Convention on Human Rights and Fundamental Freedoms (‘ECHR’), to which domestic effect was given by the Human Rights Act 1998.

Judges:

Lord Justice Dingemans

Citations:

[2021] EWHC 483 (Admin)

Links:

Bailii

Statutes:

Stonehenge Regulations 1997

Jurisdiction:

England and Wales

Land, Crime, Human Rights

Updated: 13 September 2022; Ref: scu.659491

Sicri v Associated Newspapers Ltd: QBD 21 Dec 2020

The claimant complained that the defendant had published his name as a suspect in terrorist activities. He had been released without charge, but the defendant had not published that fact. The court was now asked whether he had a reasonable expectation of privacy in respect of his arrest.

Judges:

Warby J

Citations:

[2020] EWHC 3541 (QB), [2021] 4 WLR 9

Links:

Bailii, Judiciary

Jurisdiction:

England and Wales

Cited by:

Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
Lists of cited by and citing cases may be incomplete.

Media, Police, Human Rights

Updated: 13 September 2022; Ref: scu.656962

HK (Iraq) and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 23 Nov 2017

The claimants had applied for asylum, but had arrived from other EU countries. Their claims being dismissed, they were detained pending removal. They said that on return to Bulgaria, they would face harsh treatment.

Citations:

[2017] EWCA Civ 1871

Links:

Bailii

Statutes:

European Convention on Human Rights 3, EU Charter of Fundamental Rights, Asylum and Immigration (Treatment of Claimants etc) Act 2004

Jurisdiction:

England and Wales

Citing:

Appeal from – SS, Regina (on The Application of) v Secretary of State for The Home Department and Another Admn 26-May-2017
The claimant sought asylum, claiming to be a child.
Held: He was not a child when detained. However, he had been detained to secure his transfer to the responsible member state under the Dublin III scheme; that it had to be established that he . .

Cited by:

Cited – Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Nov-2019
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia . .
Lists of cited by and citing cases may be incomplete.

Immigration, European, Human Rights

Updated: 13 September 2022; Ref: scu.599608

Z, Regina (on The Application of) v Secretary of State for The Home Department: Admn 12 Mar 2013

‘This case concerns the use of force to facilitate the removal from the UK of those who have no legal right to be here and who display a reluctance to cooperate with the process of removal.’ In particular the claimant said that the procedures set out for restraining returnees in flight infringed their Article 3 rights.

Judges:

Foskett J

Citations:

[2013] EWHC 498 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 3

Jurisdiction:

England and Wales

Torts – Other, Human Rights

Updated: 13 September 2022; Ref: scu.471684

Orlic v Croatia: ECHR 21 Jun 2011

Citations:

48833/07, [2011] ECHR 974, [2011] HLR 44

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – McDonald v McDonald and Others SC 15-Jun-2016
Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Housing

Updated: 13 September 2022; Ref: scu.441130

Gaunt, Regina (on The Application of) v The Office of Communications: CA 17 Jun 2011

The claimant appealed against rejection of his challenge to a determination of the respondent that a radio interview he conducted had been in breach of the Broadcasting Code. He said that the finding was an undue interference in his freedom of speech.

Judges:

Lord Neuberger MR, Toulson, Etherton LJJ

Citations:

[2011] EWCA Civ 692, [2011] 1 WLR 2355, [2011] EMLR 28

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Jurisdiction:

England and Wales

Citing:

Appeal from – Gaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
Leave to Appeal – Gaunt, Regina (on The Application of) v The Office of Communications CA 24-Jan-2011
The applicant sought leave to appeal against a finding that his radio talk show interview with a councillor regarding the policy of not permitting foster parents who smoked was so vehement as to be a breach of the respondent’s Code. The divisional . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 13 September 2022; Ref: scu.440848