Category: Human Rights

Williams v Dyfed and Powys Police: CA 22 Nov 2010

The claimants appealed against dismissal of their claim for damages under the 1998 Act. The house had been searched under warrant. They said that the constable obtaining the warrant had acted on information he knew or ought to have known was false. The officer had acted on the basis of information provided through Crimestoppers, but had mistakenly recorded the numbers of three cars parked at the defendant’s property.
Held: The appeal failed. It was not open to the appellate court to substitute its own assessment of the facts. The claimant misunderstood the duty falling on an officer: ‘It was not his responsibility to seek confirmation of every averment of fact made by the anonymous source to Crimestoppers. He was with the aid of that intelligence investigating whether a crime had been committed.’ The officer did have information on which he could properly act, even though it later appeared inaccurate.

Judges:

Carnwath, Elias, Pitchford LJJ

Citations:

[2010] EWCA Civ 1627

Links:

Bailii

Statutes:

Human Rights Act 1998 7, Theft Act 1968 26(1), Protection of Constables Act 1750 6, European Convention on Human Rights 8, Police Act 1996 88(1)

Jurisdiction:

England and Wales

Citing:

Cited – Keegan v United Kingdom ECHR 18-Jul-2006
The claimant had been the subject of a raid by armed police on his home. The raid was a mistake. He complained that the English legal system, in rejecting his claim had not allowed him to assert that the police action had been disproportionate.
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 13 September 2022; Ref: scu.440326

British Broadcasting Corporation v United Kingdom: ECHR 18 Jan 1996

(Commission – Admissibility) The Corporation complained that it had been served with a witness summons obliging it to to hand over materials in its possession, both broadcast and not-broadacst being coverage of a riot.

Judges:

Rozakis P

Citations:

25798/94, [1996] ECHR 82

Links:

Bailii

Statutes:

European Convention on Human Rights 6 10, Criminal Procedure (Attendance of Witnesses) Act 1965 2

Jurisdiction:

England and Wales

Cited by:

Cited – Secretary of State for Business, Innovation and Skills v Doffman and Another ChD 11-Oct-2010
The defendants applied for directors’ disqualification proceedings for the claim to be struck out or dismissed on the ground that the respondent had breached their rights to a fair trial under Article 6 of the European Convention on Human Rights . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 13 September 2022; Ref: scu.440296

Editions Plon (Societe) v France: ECHR 15 Sep 2010

The case concerns the banning of distribution, in January 1996, of the book ‘Le Grand Secret’, co-authored by a journalist and President Mitterrand’s personal physician. The book was published by the applicant company nine days after the President’s death. It disclosed that the President had been suffering from cancer, diagnosed as early as 1981 some months after he was first elected President of the French Republic.
After the President’s widow and children had applied for an injunction, the civil courts prohibited the distribution of the book, at first provisionally following the application, then permanently. After finding that both prohibitive measures had been in accordance with the law and pursued legitimate aims within the meaning of Article 10, the European Court noted that the injunction granted as a strictly temporary protective measure could be deemed necessary in a democratic society to protect the rights of the President and his heirs. It held, however, that the absolute permanent ban ordered by the trial and appeal courts no longer met a ‘pressing social need’ and was therefore disproportionate to the aims pursued (violation of Article 10).

Citations:

[2010] ECHR 1433

Links:

Bailii

Cited by:

Cited – PJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 13 September 2022; Ref: scu.440175

Laporte, Regina (on the Application of) v Gloucestershire Constabulary and others: Admn 19 Feb 2004

The court considered a claim for judicial review of a police officer’s decision to turn back a number of coaches. Each coach contained passengers en route to join a demonstration at an RAF base in Gloucestershire, the officer honestly and reasonably believing that if the coaches were allowed to proceed, all or some of the passengers would cause breaches of the peace.
May LJ confirmed the definition of breach of the peace together with the arrest powers for such a breach as follows: ‘There is a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other unlawful disturbance. For such a breach of the peace when done in his presence, a constable or anyone else may arrest an offender without a warrant (see R v Howell [1981] 3 All ER 383 at 389; [1982] QB 416 at 427). A constable or an ordinary citizen has a power of arrest where there is ‘reasonable apprehension of imminent danger of a breach of the peace’. This includes where the arrestor reasonably believes that a breach of the peace will be committed in the immediate future by the person arrested (see [1981] 3 All ER 383 at 388; [1982] QB 416 at 426).’

Judges:

May LJ

Citations:

[2004] EWHC 253 (Admin), [2004] 1 All ER 874, Times 26-Feb-2004

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 – Albert v Lavin HL 3-Dec-1981
An off duty and out of uniform police officer attempted to restrain the defendant jumping ahead of a bus queue. The defendant struggled, and continued to do so even after being told that of the officer’s status. He said he had not believed that he . .
Cited – Williamson v Chief Constable of the West Midlands Police CA 21-Feb-2003
The claimant had been arrested by an officer entering his house to investigate a breach of the peace, then held for two nights. The police believed that he posed no continuing threat, but believed he had to be brought before the magistrates before . .
Cited – John Lewis and Co Ltd v Tims HL 1952
There had been an arrest by shop detectives of two customers who were believed to have stolen goods, the arrest taking place after they had left the shop. The shop detectives returned with them to the shop in order to allow a senior person in . .

Cited by:

Cited – Al-Fayed and others v Commissioner of Police of the Metropolis and others CA 25-Nov-2004
The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr . .
Appeal from – 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 . .
At First Instance – 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 – Blench v Director of Public Prosecutions Admn 5-Nov-2004
The defendant appealed against his conviction for assaulting a police officer in the execution of his duty under section 89. He had argued that he had no case to answer. The officers had received an emergency call to the house, but the female caller . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 12 September 2022; Ref: scu.193707

Greens and Others, Re Application for Judicial Review: SCS 12 May 2011

Citations:

[2011] ScotCS CSOH – 79

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Greens v The United Kingdom ECHR 23-Nov-2010
The applicants alleged a violation of article 3 in the refusal to allow them to enrol on the electoral register whilst serving prison sentences.
Held: Where one of its judgments raises issues of general public importance and sensitivity, in . .
See Also – Greens v Her Majesty’s Advocate HCJ 12-Sep-2007
The defendant appealed against his sentence of seventeen years’ imprisonment for a violent rape. . .
See Also – Robert W Greens v The United Kingdom ECHR 27-Aug-2009
. .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights

Updated: 12 September 2022; Ref: scu.439690

Mosley v The United Kingdom: ECHR 10 May 2011

The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes at the outset that this is not a case where there are no measures in place to ensure protection of Article 8 rights. A system of self-regulation of the press has been established in the United Kingdom, with guidance provided in the Editors’ Code and Codebook and oversight of journalists’ and editors’ conduct by the PCC . . This system reflects the 1970 declaration, the 1998 resolution and the 2008 resolution of the Parliamentary Assembly of the Council of Europe . . While the PCC itself has no power to award damages, an individual may commence civil proceedings in respect of any alleged violation of the right to respect for private life which, if successful, can lead to a damages award in his favour. In the applicant’s case, for example, the newspaper was required to pay GBP 60,000 damages, approximately GBP 420,000 in respect of the applicant’s costs and an unspecified sum in respect of its own legal costs in defending the claim. The Court is of the view that such awards can reasonably be expected to have a salutary effect on journalistic practices. Further, if an individual is aware of a pending publication relating to his private life, he is entitled to seek an interim injunction preventing publication of the material. Again, the Court notes that the availability of civil proceedings and interim injunctions is fully in line with the provisions of the Parliamentary Assembly’s 1998 resolution (see paragraph 58 above). Further protection for individuals is provided by the Data Protection Act 1998, which sets out the right to have unlawfully collected or inaccurate data destroyed or rectified . . The Court, like the Parliamentary Assembly, recognises that the private lives of those in the public eye have become a highly lucrative commodity for certain sectors of the media . . The publication of news about such persons contributes to the variety of information available to the public and, although generally for the purposes of entertainment rather than education, undoubtedly benefits from the protection of Article 10. However, as noted above, such protection may cede to the requirements of Article 8 where the information at stake is of a private and intimate nature and there is no public interest in its dissemination.’

Judges:

Lech Garlicki, P

Citations:

[2011] ECHR 774, 48009/08, [2012] EMLR 1, [2012] 1 FCR 99, (2011) 31 BHRC 409, (2011) 53 EHRR 30

Links:

Bailii

Statutes:

European Convention on Human Rights 8 10, Rehabilitation of Offenders Act 1974

Jurisdiction:

Human Rights

Citing:

See Also – Mosley v The United Kingdom ECHR 22-Oct-2009
. .
See Also – Mosley v News Group Newspapers Ltd QBD 9-Apr-2008
The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website.
Held: A claimant’s Article 8 rights may be engaged even where the information in question has been previously publicised. . .
See Also – Mosley v News Group Newspapers Ltd Admn 1-Jul-2008
The claimant the son of a former fascist leader, sought damages for breach of confidence and a right to a private life after the defendant newspaper published stories alleging that his involvement with prostitutes had included nazi rituals. The . .
See Also – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
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 . .

Cited by:

Cited – CTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
A leading footballer had obtained an injunction restraining the defendants from publishing his identity and allegations of sexual misconduct. The claimant said that she had demanded money not to go public.
Held: It had not been suggested that . .
Cited – TSE and ELP v News Group Newspapers Ltd QBD 23-May-2011
The claimants had obtained an injunction preventing publication of details of their private lives and against being publicly named. The newspaper had not attempted to raise any public interest defence. Various publications had taken place to breach . .
Cited – Goodwin v NGN Ltd and VBN QBD 9-Jun-2011
The claimant had obtained an injunction preventing publication of his name and that of his coworker with whom he had had an affair. After widespread publication of his name elsewhere, the defendant had secured the discharge of the order as regards . .
Cited – Ferdinand v MGN Limited QBD 29-Sep-2011
The claimant, a famous footballer, complained that an article by the defendant relating an affair he had had, had infringed his right to privacy. The defendant relied on its right to freedom of expression. The claimant had at an earlier stage, and . .
Cited – T, Regina (on The Application of) v Greater Manchester Police and Another Admn 9-Feb-2012
The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to . .
Cited – Seckerson and Times Newspapers Ltd v The United Kingdom ECHR 24-Jan-2012
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been . .
Cited – T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
Cited – PJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 12 September 2022; Ref: scu.439624

HH, Regina (on The Application of) v City of Westminster Magistrates Court: Admn 11 May 2011

The defendant appealed against her extradition under a European Arrest Warrant, saying that an order would be a disproportionate interference in her, and family’s, human rights to a family life.

Citations:

[2011] EWHC 1145 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 8, Extradition Act 2003 14

Cited by:

Appeal from – HH v Deputy Prosecutor of The Italian Republic, Genoa SC 20-Jun-2012
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended . .
Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights

Updated: 12 September 2022; Ref: scu.439665

Palau Martinez v France: ECHR 15 Sep 2010

Citations:

64927/01, [2010] ECHR 1428

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Palau Martinez v France ECHR 16-Dec-2003
A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the mother’s religious practices and was discriminatory; although the protection of the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 11 September 2022; Ref: scu.425054

Hoogendijk v The Netherlands: ECHR 6 Jan 2005

Mrs Hoogendijk suffered from a high degree of disablement. She lost benefits to which she had been entitled as a consequence of amendments which the Dutch government introduced to remove the discriminatory exclusion of married women from the relevant security scheme while at the same time seeking to keep the costs of the scheme within acceptable limits. Mrs Hoogendijk was one of the consequential losers and official figures showed that greatly more women than men were adversely affected by the particular amendment about which she complained.
Held: ‘persons whose situations are significantly different must be treated differently . . An issue will arise under Article 14 . . when states without an objective and reasonable justification fail to treat differently persons whose situations are significantly different’
‘Although statistics in themselves are not automatically sufficient for disclosing a practice which could be classed as discriminatory under Art.14 of the Convention (see Jordan v United Kingdom: (20030 37 E.H.R.R. 2 at [154], the Court cannot ignore that, according to the results of the research carried out by the Social Insurance Council on the effect of the implementation of the AAW Reparation Act of May 3, 1989 as submitted by the applicant, a group of about 5,100 persons lost their entitlement to AAW benefits on account of failure to meet the income requirement and that this group consisted of about 3,300 women and 1,800 men.
As to the Government’s argument that, without further substantiation, these figures cannot be given the significance attributed to them by the applicant, the Court considers that where an applicant is able to show, on the basis of undisputed official statistics, the existence of a prima facie indication that a specific rule – although formulated in a neutral manner – in fact affects a clearly higher percentage of women than men, it is for the respondent Government to show that this is the result of objective factors unrelated to any discrimination on the grounds of sex. If the onus of demonstrating that a difference in impact for men and women is not in practice discriminatory does not shift to the respondent Government, it will be in practice extremely difficult for applicants to prove indirect discrimination. As no such objective factors have appeared or have been submitted by the respondent Government, the Court accepts as sufficiently demonstrated that the introduction of the income requirement in the AAW scheme did in fact have an indirect discriminatory effect in respect of married or divorced women having become incapacitated for work at a time when it was not common in the Netherlands for married women to earn an own income from work.’

Citations:

58641/00, [2005] ECHR 930

Links:

Bailii

Statutes:

European Convention on Human Rights 14

Jurisdiction:

Human Rights

Cited by:

Cited – SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 11 September 2022; Ref: scu.277209

F v United Kingdom: ECHR 22 Jun 2004

An Iranian citizen claimed asylum saying that he feared persecution as a homosexual. When his application was rejected, he claimed that there would be a breach of article 8 if he were to be removed to Iran because a law in that country prohibited adult consensual homosexual activity.
Held: The application was declared inadmissible. The court observed that its case law had found responsibility attaching to Contracting States in respect of expelling persons who were at risk of treatment contrary to articles 2 and 3 of the Convention. This was based on the fundamental importance of these provisions, whose guarantees it was imperative to render effective in practice, but it went on to say this: ‘Such compelling considerations do not automatically apply under the other provisions of the Convention. On a purely pragmatic basis, it cannot be required that an expelling Contracting State only return an alien to a country which is in full and effective enforcement of all the rights and freedoms set out in the Convention.’

Citations:

17341/03, [2004] ECHR 723

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Citing:

Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .

Cited by:

Cited – EM (Lebanon) v Secretary of State for the Home Department HL 22-Oct-2008
The claimant challenged the respondent’s decision to order the return of herself and her son to Lebanon.
Held: The test for whether a claimant’s rights would be infringed to such an extent as to prevent their return home was a strict one, but . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 11 September 2022; Ref: scu.277201

Pirabakaran v Patel and Another: CA 26 May 2006

The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply.
Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, provided that there is continued occupation for business use, and the phrase ‘let as a dwelling’ in s.2 of the Act of 1977 means ‘let wholly or partly as a dwelling’ and so applies to premises which are let for mixed residential and business purposes. The phrase had a statutory history which implied this meaning: ‘Their meaning cannot in my view have fluctuated with the tides which have ebbed and flowed in this court in relation to the meaning of the phrase in other contexts. ‘ There was a requirement to give the tenant his article 8 rights, and ‘an interpretation of s.2 of the Act of 1977 which prohibits a landlord from exercising – otherwise than by proceedings in court – an alleged right of re-entry upon premises let for use as a dwelling as well as for business purposes is an interpretation which would be compatible with the tenant’s rights under article 8; and, by contrast, that the opposite interpretation of it would be incompatible with them.’

Judges:

Lord Justice Peter Gibson Mr Justice Wilson

Citations:

[2006] EWCA Civ 685, Times 17-Jul-2006, [2006] 1 WLR 3112

Links:

Bailii

Statutes:

Protection from Eviction Act 1977 2, Increase of Rent and Mortgage Interest (Restrictions) Act 1920, Increase of Rent and Mortgage Interest (Restrictions) Act 1915, Rent and Mortgage Interest Restrictions Act 1939 3(3), Landlord and Tenant Act 1954, European Convention on Human Rights 8(1)

Jurisdiction:

England and Wales

Citing:

Cited – Epsom Grand Stand Association Ltd v Clarke CA 1919
Premises on a racecourse were let to the defendants in part as a public house, and to occupy the other part themselves. The court was asked whether this was a letting of ‘a house or a part of a house let as a separate dwelling . . and every such . .
Cited – Maunsell v Olins HL 1975
The House considered whether a sub-tenant could claim protection under the 1968 Act. This depended on the interpretation of the word ‘premises’ in the context of a sub-tenancy of a cottage on a farm let under an agricultural tenancy.
Held: . .
Cited – Wellcome Trust Ltd v Hamad; Ebied and Another v Hopkins and Another; Church Commissioners for England v Baines CA 30-Jul-1997
There was a tenancy for mixed residential and business purposes and, with the landlord’s permission, the tenant sublet one of the residential flats within the premises to the defendant, who enjoyed protection under the Act of 1977.
Held: . .
Mentioned – Hicks v Snook CA 1928
The property had been let for twenty five years with a shop on the ground floor with living accomodation above. There had been no formal tenancy agreement, and no explicit user stipulation. The tenant claimed the protection of the 1920 Act.
Mentioned – Regina v Brighton and Area Rent Tribunal Ex parte Slaughter CA 1954
. .
Mentioned – British Land Co. Ltd v Herbert Silver (Menswear) Ltd CA 1958
The court may look to the circumstances surrounding the grant of a lease, and then if necessary the user, to see its purpose, if it is not clear from the lease. . .
Cited – Hicks v Snook CA 1928
The property had been let for twenty five years with a shop on the ground floor with living accomodation above. There had been no formal tenancy agreement, and no explicit user stipulation. The tenant claimed the protection of the 1920 Act.
Cited – Wagle v Trustees of Henry Smith’s Charity Kensington Estate CA 1990
The tenant had used the premises for both residential and business use. He claimed that, the business use having ceased, he had the protection of the 1977 Act.
Held: The Pulleng case required te court to reject the tenant’s argument. The . .
Cited – Pulleng v Curran CA 1980
The question was whether under the 1977 Act the tenant occupied the premises for residential purposes. The landlord said that a business was also conducted from them.
Held: The tenant had failed to establish that the business use had ceased. . .
Cited – Cheryl Investments v Saldanha CA 1978
Protection was sought under the 1954 Act for premises where the relevant occupation was partly residential and partly for the purposes of a business.
Held: The Act will apply so long as the business activity is a significant purpose of . .
Cited – Webb and Barrett v London Borough of Barnet CA 1988
The authority resisted an application by the tenant to buy the property let as a council dwelling saying that the tenant was using it for mixed residential and business purposes. The tenant said that the business use had finished, and that the . .
Cited – National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe CA 15-May-1997
The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – Connors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
Cited – Billson and Others v Residential Tenancies Ltd HL 12-Dec-1991
Relief from forfeiture was available against a landlord who had peaceably re-entered property subject to a tenancy without a court order. Such a landlord was still ‘proceeding’ to enforce his rights of forfeiture until he obtained a judgment for . .
Cited – Farrell v Alexander HL 24-Jun-1976
The House considered the construction of a consolidation Act.
Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the . .

Cited by:

Cited – Broadway Investments Hackney Ltd v Grant CA 20-Dec-2006
The respondent had taken a tenancy of premises from the local authority. The ground floor was for use as a shop, and the first was residential. He had previously taken a licence and had refurbished the premises. The authority sold the freehold to . .
Cited – Tan and Another v Sitkowski CA 1-Feb-2007
The tenant claimed Rent Act protection for his tenancy. He had been rehoused and began his tenancy in 1970 with the ground floor used as a shop, and the first floor as living accomodation. He later abandoned the business use. He appealed a finding . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant, Human Rights

Updated: 11 September 2022; Ref: scu.242218

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months in a third country. The respondent accepted that it had documents which might be seen as exculpatory. Despite acknowledgement that he had been in the possession of the US continually, there were two years for which they were unable to account for his whereabouts.
Held: ‘We are unable to conclude that there exists a rule of customary international law which requires the United Kingdom to make disclosure to BM, in the manner claimed.’ The court noted the undertaking given by the respondent to reconsider the decision.
>The Rank Film decision was to be preferred to that in Lundquist. The evidence so far provided by the US military commission disclosed nothing of the missing period, and there was nothing to indicate that more would be disclosed. Much evidence having been heard in a closed session, the court could only summarise the facts it found. Some knowledge of the treatment of the claimant was found, and that he was not being held at a regular US Military facility. An order under Norwich Pharmacal should not be made unless the information was necessary. The court attached particular importance to the nature of the prohibition on State torture: ‘The common law has long set its face against torture, a practice which it has regarded for centuries with a particular abhorrence . . When practised by a State as an instrument of State policy it is a particularly ugly phenomenon.’

Judges:

Thomas LJ, Lloyd Jones J

Citations:

[2008] EWHC 2048 (Admin), [2009] 1 WLR 2579

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Norwich Pharmacal Co and others v Customs and Excise Commissioners HL 26-Jun-1973
Innocent third Party May still have duty to assist
The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Cited – Regina v Mullen CACD 4-Feb-1999
British authorities, in disregard of available extradition procedures, initiated and procured the unlawful deportation of the appellant from Zimbabwe to England. The appellant was charged and tried for conspiracy to cause explosions likely to . .
Cited – Regina (on the Application of Mullen) v The Secretary of State for the Home Department CA 20-Dec-2002
The applicant had been unlawfully taken from Zimbabwe, then tried and sentenced in the UK. His conviction was set aside as unsafe, but he had been refused damages. He appealed.
Held: There was no substantial criticism of the trial itself, but . .
Cited – Rank Film Distributors v Video Information Centre HL 1-Mar-1981
The plaintiffs claimed large-scale copyright infringement, and obtained Anton Pillar orders. The House considered the existence of the privilege against self-incrimination where the Anton Piller type of order has been made. The Court of Appeal had . .
Cited – Koo Golden East Mongolia v Bank of Nova Scotia and others CA 19-Dec-2007
When making an order for the production of documents by a third party to an action, Sir Anthony Clarke MR said that it is necessary to consider all the circumstances in the light of the fact that Norwich Pharmacal relief is a flexible remedy. . .
Cited – Campaign Against Arms Trade v BAE Systems Plc QBD 26-Feb-2007
Application seeking Norwich Pharmacal relief against the Respondent for disclosure. King J said: ‘The third party has to have some connection with the circumstances of the wrong which enables the purpose of the wrongdoing to be furthered.’ . .
Cited – Sociedade Nacional de Combustatives de Angola UEE v Lundqvist CA 1990
Large quantities of crude oil had been sold at an undervalue by a dishonest consultant and his associates. A Mareva injunction had been granted. The defendant objected to being required to disclose the extent of his foreign assets saying that such . .
Cited – Den Norske Bank ASA v Antonatos and Another CA 7-Apr-1998
The defendants appealed orders requiring them to attend court and provide evidence under cross-examination. They claimed a prvilege against self-incrimination.
Waller LJ said: ‘A witness is entitled to claim the privilege in relation to any . .
Cited – Axa Equity and Life Assurance Plc Society Plc and others v National Westminster Bank Plc and others CA 7-May-1998
Discovery of documents from third parties. Morritt LJ said that an order might be made where the party holding the documents could be said to have involvement in terms of ‘causing or facilitating’ the wrong. . .
Cited – Financial Times Ltd and others v Interbrew SA CA 8-Mar-2002
The appellants appealed against orders for delivery up of papers belonging to the claimant. The paper was a market sensitive report which had been stolen and doctored before being handed to the appellant.
Held: The Ashworth Hospital case . .
Cited – Ashworth Security Hospital v MGN Limited HL 27-Jun-2002
Order for Journalist to Disclose Sources
The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have . .
Cited – British Steel Corporation v Granada Television Ltd CA 7-May-1980
Lord Denning MR said that the Norwich Pharmacal case opened ‘a new chapter in our law’ and ‘Mr Irvine suggested this was limited to cases where the injured person desired to sue the wrongdoer. I see no reason why it should be so limited. The same . .
Cited – British Steel Corporation v Granada Television Ltd HL 7-May-1980
The defendant had broadcast a TV programme using material confidential to the plaintiff, who now sought disclosure of the identity of the presumed thief.
Held: (Lord Salmon dissenting) The courts have never recognised a public interest right . .
Cited – Nikitin and others v Butler LLP and others QBD 9-Feb-2007
A request was made for Norwich Pharmacal disclosure.
Held: Langley J considered the case law and decided that that it was necessary to show that the information sought was vital to a decision to sue or an ability to plead and whether or not. . .
Cited – Mitsui and Co Ltd v Nexen Petroleum UK Ltd ChD 29-Apr-2005
Mitsui sought disclosure of documents from a third party under the rules in Norwich Pharmacal.
Held: Such relief was available ‘where the claimant requires the disclosure of crucial information in order to be able to bring its claim or where . .
Approved – Arab Monetary Fund v Hashim and On (No.5) 1992
The rule in Norwich Pharmacal does not provide a general right of discovery. Hoffman J cited Lord Reid in Norwich Pharmacal and said: ‘The reference to ‘full information’ has sometimes led to an assumption that any person who has become mixed up in . .
Cited – Banker’s Trust v Shapira CA 1980
Enforcement through innocent third party bank
Two forged cheques, each for USD500,000, had been presented by two men and as a result USD1,000,000 had been transferred to accounts in their names. The plaintiff sought to trace assets through the banks involved.
Held: The court approved the . .
Cited – CHC Software Care v Hopkins and Wood 1993
The jurisdiction to require discovery of documents from a third party is not restricted to seeking information from an innocent third party. The third party may himself be one of the wrongdoers. . .
Cited – Rex v Warickshall 1783
Evidence that stolen goods were found under the bed of the accused was admitted notwithstanding that the discovery was made in consequence of her inadmissible confession. Evidence obtained by oppression should be admitted to court. Involuntary . .
Cited – Customs and Excise Commissioners v Harz and Power; Regina v Harz and Power HL 1967
The rule that a confessional statement is not admissible if it was induced by a fear of prejudice or a hope of advantage exercised or held out by a person in authority applies equally where the inducement does not relate to the actual or . .
Cited – The Republic of Ireland v The United Kingdom ECHR 18-Jan-1978
The UK lodged a derogation with the Court as regards its human rights obligations in Northern Ireland because of the need to control terroist activity. The Government of Ireland intervened. From August 1971 until December 1975 the UK authorities . .
Cited – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
Cited – Mitsui and Co Ltd v Nexen Petroleum UK Ltd ChD 29-Apr-2005
Mitsui sought disclosure of documents from a third party under the rules in Norwich Pharmacal.
Held: Such relief was available ‘where the claimant requires the disclosure of crucial information in order to be able to bring its claim or where . .
Cited – Regina v Sang HL 25-Jul-1979
The defendant appealed against an unsuccessful application to exclude evidence where it was claimed there had been incitement by an agent provocateur.
Held: The appeal failed. There is no defence of entrapment in English law. All evidence . .
Cited – Filarliga v Pena-lrala 1980
(US Court of Appeals) ‘the torturer has become like the pirate and the slave trader before him, hostis humani generis, an enemy of all mankind’. . .
Cited – Regina v Shayler HL 21-Mar-2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the . .
Cited – Wong Kam-Ming v The Queen PC 20-Dec-1978
The voir dire system allows a defendant to give his evidence on the limited issues surrounding the circumstances under which his statement was made as to the admissibility of the confession, without infringing his right to elect not to give evidence . .
Cited – Aoot Kalmneft v Denton Wilde Sapte (A Firm) Merc 29-Oct-2001
The court ordered relief by way of disclosure against a third party: ‘In Norwich Pharmacal the information required was the identity of the wrongdoer (the applicant knew what wrong had been done but not who had done it) but I see no reason why the . .
Cited – Lam Chi-ming v The Queen PC 1991
The inadmissibility of a confession not proved to be voluntary is perhaps the most fundamental rule of the English criminal law.
Lord Griffiths summarised the justification for the rule excluding evidence obtained improperly. Accepting that ‘a . .
Cited – Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3) HL 24-Mar-1999
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. . .
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Cited – Prosecutor v Furundzija ICT 10-Dec-1998
The status of the prohibition on State torture as a rule of jus cogens has the consequence that at the inter-State level, any legislative, administrative or judicial act authorising torture is illegitimate. Furthermore, the prohibition on State . .
Cited – North Sea Continental Shelf cases ICJ 1969
The court described the process by which a treaty rule may become a rule of customary law: ‘It would in the first place be necessary that the provisions concerned should, at all events potentially, be of a fundamentally norm-creating character such . .
Cited – JH Rayner (Mincing Lane) Ltd v Department of Trade and Industry HL 1989
An undisclosed principal will not be permitted to claim to be party to a contract if this is contrary to the terms of the contract itself. Thus the provision in the standard form B contract of the London Metal Exchange ‘this contract is made between . .
Cited – HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening) HL 3-Aug-2000
Restitutionary Claim against Pofits from Breach
The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not . .
Cited – Khadr v Canada (Attorney General) 25-Jun-2008
The court ordered disclosure by the Canadaian authorities of the transcripts of interviews released to the government relating to the time when the claimant had been held in Guantanamo Bay by the USA. . .
Cited – Canada (Minister of Justice) v Khadr 23-May-2008
Constitutional law – Charter of Rights – Application – Fundamental justice – Duty to disclose – Canadian officials interviewing detainee in Guantanamo Bay and sharing contents of interviews with U.S. authorities – Whether principles of international . .
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 – Al Rawi and Others, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 12-Oct-2006
The claimants sought that the defendant should issue a request to the US authorities for their release from detention at Guantanamo Bay.
Held: The courts would not be able to intervene by judicial review, and would be reluctant to intervene in . .
Cited – Regina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 6-Nov-2002
A British national had been captured in Afghanistan, and was being held without remedy by US forces. His family sought an order requiring the respondent to take greater steps to secure his release or provide other assistance.
Held: Such an . .
Cited – Prosecutor v Furundzija 1-Apr-1999
(International Criminal Tribunal for the Former Yugoslavia) The court described the main features of the law against torture: ‘There exists today universal revulsion against torture: as a USA Court put it in Filartiga v. Pena-Irala, ‘the torturer . .

Cited by:

See also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) Admn 29-Aug-2008
The claimant sought release of documents so that he could defend himself in a tribunal in the US. He said the documents would support his assertion that he had been subject to extraordinary rendition and had ‘disappeared’ for two years. Redactions . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs, Admn 22-Oct-2008
The claimant was held by the US. He claimed he had been tortured by them, and sought release of dicuments which allow him to present his case. The respondent sought to prevent disclosure using Public Interest Immunity (PII) certificates.
Held: . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 5) Admn 16-Oct-2009
The claimant sought to assert that he had been tortured whilst held by the US Authorities. He sought publication of an unredacted report supplied by the US security services to the respondent. The respondent argued that the full publication was . .
See Also – Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (60 Admn 19-Nov-2009
The respondent had over time refused to allow publication of parts of a document disclosed to him by US security services. The court had previously delivered redacted judgments, and now asked whether and to what extent the redacted parts should be . .
See Also – Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 10-Feb-2010
The claimant had sought discovery and publication of materials supplied to the defendant by US security services which, he said, would support his allegations that he had been tortured by the US and that this had been known to the defendant.
See also – Binyan Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 26-Feb-2010
The claimant had sought public disclosure of documents supplied to the defendant by US security services which might support his claim that he had been tortured by the US, and that the defendant knew of it. The draft judgment was to be handed down . .
Cited – The Rugby Football Union v Consolidated Information Services Ltd SC 21-Nov-2012
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 10 September 2022; Ref: scu.272819

Regina (C) v Secretary of State for the Home Department: CA 15 May 2002

A mental health review tribunal had recommended the conditional release of the applicant, a restricted patient in a high security hospital. A community social worker’s report was only later made available to the tribunal.
Held: There was no need for the matter to go to the Secretary of State for him to order a fresh referral to the tribunal. The conditional discharge meant that the tribunal remained seised of the case and could recall its decision of its own motion. The case of Campbell was not engaged.

Judges:

Lord Justice Jonathan Parker

Citations:

Times 24-May-2002, Gazette 20-Jun-2002, [2002] EWCA Civ 647

Links:

Bailii

Statutes:

Mental Health Act 1983 71 73, European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Oxford Regional Mental Health Review Tribunal, Ex parte Secretary of State for the Home Department (Campbell’s Case) HL 1988
The House decided that section 73 of the 1983 Act provided a two-stage process in relation to a patient’s conditional discharge. The tribunal first decides that it will direct the discharge subject to conditions, but defers giving the direction so . .
Cited – Regina (IH) v Secretary of State for the Home Department and Another CA 15-May-2002
The applicant was a restricted mental patient. His conditional release had been ordered, but required a consultant psychiatrist to be found who would agree to supervise him. None such could be found, and his detention continued. After two years he . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 10 September 2022; Ref: scu.170308

Gajdusek v Slovakia: ECHR 18 Dec 2001

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim dismissed; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim dismissed; Costs and expenses award – Convention proceedings

Citations:

40058/98, [2001] ECHR 863

Links:

worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 10 September 2022; Ref: scu.167088

Regina v Loveridge, Regina v Lee; Regina v Loveridge: CACD 11 Apr 2001

The police took secret videos of defendants whilst in the cells at the local Magistrates Court. The prosecution later sought to use the videos in identifying the defendants as participants in another crime. The filming was both unlawful under the Act, and an improper invasion of their privacy. The making of a video was included within the taking of a photograph under the Act. The filming was a breach of the defendants’ article 8 human rights. Nevertheless, the infringement did not affect the fairness of the eventual proceedings, and accordingly the evidence was properly admitted, and the convictions stood.

Judges:

Lord Woolf LCJ, Douglas Brown, Astill JJ

Citations:

Times 03-May-2001, Gazette 07-Jun-2001, [2001] EWCA Crim 973

Links:

Bailii

Statutes:

Criminal Justice Act 1925 41, Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

See also – Loveridge and Others v Regina CACD 11-Apr-2001
. .

Cited by:

Cited – Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care Admn 18-Feb-2021
Failure to Publish Contracts awards details
Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic.
Held: The contracts had been awarded under . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Human Rights

Updated: 10 September 2022; Ref: scu.88546