Category: Human Rights

Simpson v United Kingdom: ECHR 1989

The right to be provided with an education does not guarantee access to any particular institution provided.

Citations:

(1989) 64 DR 188

Statutes:

European Convention on Human Rights A2

Jurisdiction:

Human Rights

Cited by:

Cited – Ali v Head Teacher and Governors of Lord Grey School HL 22-Mar-2006
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Education

Updated: 22 August 2022; Ref: scu.239613

J v Secretary of State for the Home Department: CA 26 Jul 2006

(Iran) ‘Does it amount to persecution according to these broad tests if the clandestine character of the homosexual activity which there has been in the past and will be on return in the future is itself the product of fear engendered by discriminatory legislation or policing which itself violates the individual’s human rights?’
Held: The case was remitted to the Tribunal for reconsideration.

Judges:

Buxton, Maurice Kay LJJ, Sir Martin Nourse

Citations:

[2006] EWCA Civ 1238, [2007] Imm AR 73

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – HJ (Iran) v Secretary of State for The Home Department; HT (Cameroon) v Same SC 7-Jul-2010
The claimants sought to prevent their removal and return to their countries of origin saying that as practising homosexuals they would face discrimination and persecution. They appealed against a judgment saying that they could avoid persecution by . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 22 August 2022; Ref: scu.245064

Alatulkkila and Others v Finland: ECHR 28 Jul 2005

ECHR Judgment (Merits) – No violation of Art. 6-1; No violation of P1-1; No violation of Art. 14+P1-1.

Citations:

33538/96, [2005] ECHR 547, (2006) 43 EHRR 34

Links:

Worldliiii, Bailii

Jurisdiction:

Human Rights

Cited by:

Cited – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 22 August 2022; Ref: scu.229830

Gheorghiu v Romania: ECHR 17 Dec 2002

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion, victim) ; Violation of Art. 6-1 due to lack of fair hearing ; Violation of Art. 6-1 because of right of access to court ; Not necessary to examine Art. 6-1 concerning allegedly retrospective application of the law ; Violation of P1-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings

Citations:

31678/96, [2002] ECHR 815

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 21 August 2022; Ref: scu.178599

Regina v G and R: CACD 17 Jul 2002

The defendants were children accused of arson being reckless as to the danger of damage. They were not entitled to require the jury to consider as a separate question whether the risk of damage was obvious other than to an ordinary adult.
Held: The question at issue was substantial, as to the mens rea and the evidence required to support the charge, and not procedural. Accordingly the defendants’ human rights to a fair trial were not engaged. The Caldwell case still applied. That case had been criticised, but still stood. The Convention rights should be construed broadly, but even so remained concerned with procedure, not the substantial fairness of the law.

Judges:

Lord Justice Dyson, Mr Justice Silber and Judge Beaumont, QC

Citations:

Times 01-Aug-2002

Statutes:

Criminal Damage Act 1971 1(1) 1(3), European Convention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

Cited – Commissioner of Police v Caldwell HL 19-Mar-1981
The defendant got drunk and set fire to the hotel where he worked. Guests were present. He was indicted upon two counts of arson. He pleaded guilty to the 1(1) count but contested the 1(2) charge, saying he was so drunk that the thought there might . .
Cited – Z And Others v The United Kingdom ECHR 10-May-2001
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 21 August 2022; Ref: scu.174745

Keegan v Ireland: ECHR 26 May 1994

The mother and father were not married, and their relationship broke up before the birth of the child, and the father was excluded from seeing the baby after the first time in hospital. He sought guardianship, and objected to his exclusion from involvement in the decision that the child should be adopted.
Held: Family ties come into existence where there is a relationship netween a man and a woman which is stable and where they have children even though they are not married.

Citations:

16969/90, [1994] ECHR 18, [1994] 3 FCR 165, 1994) 18 EHRR 342, [1994] ECHR 18

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Cited by:

Cited – Singh v Entry Clearance Officer New Delhi CA 30-Jul-2004
The applicant, an 8 year old boy, became part of his Indian family who lived in England, through an adoption recognised in Indian Law, but not in English Law. Though the adoption was genuine, his family ties had not been broken in India. The family . .
Cited – Dawson v Wearmouth HL 4-Feb-1999
The parents were unmarried. The mother had registered the child under her former partner’s surname. The father sought an order that his name be used instead. The mother’s apeal against an order to that effect had succeeded.
Held: The father’s . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Family

Updated: 21 August 2022; Ref: scu.165316

Commissioner of Police of The Metropolis and Another v Times Newspapers Ltd and Another: QBD 21 Jun 2011

The defendant had published an article based upon information said to be confidential and leaked from the claimant’s offices. A defamation claimant was suing the defendant in defamation, and the defendant wished to rely on the information in its defence. The present application obtained an interim injunction to restrain that and any other use, and for disclosure of the source of the leak. The defendant now sought further disclosure. The applicants replied that their own duties as police officers restricted that disclosure.
Held: In view of admissions now made by the defamation claimants no further disclosure was required of the present applicants. No order was made for disclosure of the source.

Judges:

Tugendhat J

Citations:

[2011] EWHC 1566 (QB)

Links:

Bailii

Statutes:

Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

Cited – Reynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Lists of cited by and citing cases may be incomplete.

Defamation, Police, Human Rights

Updated: 21 August 2022; Ref: scu.441147

G v E and Others: CA 16 Jul 2010

E, now aged 19, suffered a genetic disorder leading to severe learning disability and lack of mental capacity. He had been in the care of his sister, the appellant, but had been removed by the local authority when his behaviour became disturbed. G, his sister sought an order for his return to F, his carer for several years. The judge found his detention unlawful, but ordered only a staged return. G appealed. The Official Solicitor, intervening, said that the issue amounted to ‘was the judge right or wrong to reject the appellant’s submission that Article 5 of the European Convention on Human Rights (ECHR) places distinct threshold conditions which have to be satisfied before a person accepted to be lacking capacity can be detained in his or her best interests under the statutory regime established by the Mental Capacity Act 2005 (MCA 2005)?’
Held: Baker J’s judgment on the issue was correct, and the appeal failed. The 2007 Act satisfied the requirement for such detentions to bne according to law and was ECHR Article 5 compliant. There was no question of incompatibility. The appeal was based upon arguments which may have applied had E suffered mental illness, but he did not. The evidence of impairment was essentially paediatric.

Judges:

Sir Nicholas Wall P, Thorpe J, Hedley J

Citations:

[2010] EWCA Civ 822, [2010] 2 FLR 294, [2010] Fam Law 703, [2010] 4 All ER 579

Links:

Bailii

Statutes:

European Convention on Human Rights 5 8, Mental Capacity Act 2005, Mental Health Act 2007

Jurisdiction:

England and Wales

Citing:

Appeal from – G v E and Others CoP 26-Mar-2010
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed . .
Leave to appeal – G v E and Others CA 4-May-2010
E, now aged 19, suffered a genetic condition leading to severe learning disability, and a lack of mental capacity. After being in the care of F, but displaying potentially violent behaviours, he was removed against his and F’s will to the care of . .
Cited – Winterwerp v The Netherlands ECHR 24-Oct-1979
A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. . .
Cited – In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Cited – Ashingdane v The United Kingdom ECHR 28-May-1985
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place . .
Cited – Johnson v The United Kingdom ECHR 24-Oct-1997
Mr Johnson awaited trial for crimes of violence. He was diagnosed mentally ill, and on conviction made subject to a hospital order, and restricted without limit of time. He made progress, but was not discharged or re-classified. At a fourth tribunal . .
Cited – Witold Litwa v Poland ECHR 4-Apr-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings
A . .
Cited – Varbanov v Bulgaria ECHR 5-Oct-2000
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (abuse of right of petition); Violation of Art. 5-1; Violation of Art. 5-4; Pecuniary damage – claim rejected; Non-pecuniary damage – . .
Cited – HL v United Kingdom ECHR 2004
Lack of Patient Safeguards was Infringement
The claimant had been detained at a mental hospital as in ‘informal patient’. He was an autistic adult. He had been recommended for release by the Mental Health Review Tribunal, and it was decided that he should be released. He was detained further . .
Cited – Surrey County Council v MB and Others FD 9-Oct-2007
The MCA 2005 had specifically codified the approach and principles previously recognised and applied under the inherent jurisdiction . .
Cited – In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Cited – St George’s Healthcare National Health Service Trust v S (No 2); Regina v Collins and Others ex parte S (No 2) CA 3-Aug-1998
The patient came to hospital pregnant. The doctors advised a caesarian section but she refused it. The doctors said that she lacked capacity and applied to the court for leave to proceed.
Held: It was wrong to apply to the court to override . .
Cited – Gil v Baygreen Properties Ltd CA 5-Jul-2002
The applicant had defended an action for possession for arrears of rent, and counterclaimed for damages for failure to repair. A compromise was put to the court, and the court took that as consent and made a possession order. The tenant appealed. . .
Cited – G v G (Minors: Custody appeal) CA 1985
A court should take great care before setting aside a decision of a judge which had involved the exercise of a judicial discretion. The court considered the duty of an appellate court in a children case: ‘What this court should seek to do is to . .

Cited by:

See Also – G v E and Others FD 21-Dec-2010
(Court of Protection) Baker J awarded costs against a local authority which had been guilty of misconduct which, he held, justified departure from the general rule. He observed: ‘Parties should be free to bring personal welfare issues to the Court . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 21 August 2022; Ref: scu.420800

Alipour And Hosseinzadgan v Turkey: ECHR 13 Jul 2010

Citations:

6909/08, [2010] ECHR 1108

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 21 August 2022; Ref: scu.420733

Dbouba v Turkey: ECHR 13 Jul 2010

Citations:

15916/09, [2010] ECHR 1110

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 21 August 2022; Ref: scu.420737

Uzukauskas v Lithuania: ECHR 6 Jul 2010

ECHR The applicant had a licence for a pistol and rifle. His was refused another licence, and then the existing licence was withdrawn. His name had been included in a police list in an operational records file holding data for law enforcement bodies obtained during operational activities. He began proceedings challenging his listing. The court admitted classified material which was not shown to the claimant, and rejected his complaint. No procedure in Lithuanian law allowed for this practice.
Held: The Court said: ‘The Court is not insensitive to the goals which the Lithuanian law enforcement authorities pursued through their operational activities. Likewise, the Court shares the Government’s view that documents which constitute state secrets may only be disclosed to persons who possess the appropriate authorisation. And yet the Court notes that Lithuanian law and judicial practice provide that such information may not be used as evidence in court against a person unless it has been declassified, and that it may not be the only evidence on which a court bases its decision . .’ It further indicated that the file was the only evidence of the applicant’s alleged danger to society, that he had repeatedly asked for its disclosure to him, even in part, and that, without it, he had no possibility of being apprised of the evidence against him or of being able to respond to it. The Court concluded: ‘In conclusion, therefore, the Court finds that the decision-making procedure did not comply with the requirements of adversarial proceedings or equality of arms, and did not incorporate adequate safeguards to protect the interests of the applicant. It follows that there has been a violation of article 6(1) in the present case.’

Citations:

16965/04, [2010] ECHR 1060

Links:

Bailii

Statutes:

European Convention on Human Rights 6(1)

Citing:

Cited – Fayed v United Kingdom ECHR 6-Oct-1994
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb . .
Cited – Gulmez v Turkey ECHR 20-May-2008
The applicant complained inter alia of successive decisions which had deprived him of visitation rights for about a year as punishment for disciplinary offences whilst in prison.
Held: ‘the restriction on the applicant’s visiting rights . .
Cited – Kerojarvi v Finland ECHR 19-Jul-1995
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings . .

Cited by:

Cited – Home Office v Tariq SC 13-Jul-2011
(JUSTICE intervening) The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 21 August 2022; Ref: scu.420474

Abdulazhon Isakov v Russia: ECHR 8 Jul 2010

Citations:

14049/08, [2010] ECHR 1070

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

Cited – Equality and Human Rights Commission v Prime Minister and Others Admn 3-Oct-2011
The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 21 August 2022; Ref: scu.420457

McAlinden, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 May 2010

A section 255 home detention licence revocation does not involve a deprivation of liberty so as to engage Article 5(4).

Judges:

Judge Milwyn Jarman QC

Citations:

[2010] EWHC 1557 (Admin)

Links:

Bailii

Statutes:

Criminal Justice Act 2003 246 255, European Convention on Human Rights 5(4)

Citing:

Applied – Benson, Regina (on the Application of) v Secretary of State for Justice Admn 20-Aug-2007
The claimant complained that the revocation of his home detention licence under section 255 was an infringement of his human rights.
Held: There had been no deprivation of liberty.
Collins J said: ‘In my judgment, having regard to the . .

Cited by:

Cited – Whiston, Regina (on The Application of) v Secretary of State for Justice CA 25-Oct-2012
The claimant was a prisoner released on a home detention licence, but his licence had been revoked. He now said that the way it had been revoked, without the respondent’s decision being subject to confirmation by the Parole Board, nor to other . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Human Rights

Updated: 21 August 2022; Ref: scu.420410

Dbeis and others v Secretary of State for the Home Department: CA 19 May 2005

The applicant had appealed to the adjudicator from the Home Secretary’s decision to refuse to allow leave to remain. One of her children suffered from cerebral palsy, and she said it was necessary to stay here for her treatment and education. On appeal from the IAT, the CA held that the adjudicator should consider not only the reasonableness of the Home Secretary’s decision, but also her article 8 rights, and the proportionality of the decision.

Judges:

Chadwick, Longmore, Carnwath LJJ

Citations:

[2005] EWCA Civ 584, Times 30-May-2005

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 20 August 2022; Ref: scu.225004

W v Doncaster Metropolitan Borough Council: CA 6 May 2004

The claimant had been detained by the respondent under the Act. A trubunal had ordered his release subject to proper arrangements for his support in the community. In the absence of such arrangements being made, he complained at his continued detention.
Held: The conditions were inextricably linked to the release, and though there was a form of duty on the respondent to make arrangements, no duty to release him arose until the condition had been met. The duty to make arrangements was not absolute, and there was no breach in the present failure.

Citations:

[2004] EWCA Civ 378, Times 13-May-2004, Gazette 03-Jun-2004, [2004] BLGR 743, [2004] MHLR 201

Links:

Bailii

Statutes:

Mental Health Act 1983 37 41

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina (W) v Doncaster Metropolitan Borough Council Admn 13-Feb-2003
The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release.
Held: False imprisonment is established on proof of imprisonment without lawful authority. An . .
Cited – Regina v H (On appeal from the Court of Appeal (Criminal Division)) HL 30-Jan-2003
The defendant had been found unfit to stand trial, at a later hearing under the section, the jury had found that he had committed the act complained of. He was discharged but ordered to be placed on the sex offenders register. He appealed on the . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 20 August 2022; Ref: scu.196774

Wim Harry Gerard Maronier v Bryan Larmer: CA 29 May 2002

The defendant had been a dentist in the Netherlands. An action for damages was begun against him, but then stayed. Judgment was later entered in the Netherlands after he had moved to the UK, and of which he was ignorant. There was no subsisting right of appeal. The claimant sought to enforce the judgement here.
Held: The court could refuse to enforce a judgement obtained unfairly. The Brussels convention was intended to simplify the enforcement of judgements, and that would be frustrated by the courts of one country examining whether the procedures of another complied with the Human Rights Convention. Courts should only do so in exceptional circumstances, but there was a distinction between a decision on the facts and a procedure which operated in breach of the right to a fair trial. The Brussels Convention itself (art 27.2) recognised the need for a fair trial. The case had been re-activated after twelve years with no further notification. The judgement would not be enforced since the defendant had been denied his right to a fair trial.

Judges:

Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Robert Walker and Lord Justice Clarke

Citations:

Times 13-Jun-2002, Gazette 11-Jul-2002, [2002] EWCA Civ 774, [2003] QB 620, [2003] 3 All ER 848, [2003] 1 All ER (Comm) 225, [2002] 3 WLR 1060

Links:

Bailii

Statutes:

European Convention on Human Rights 6, Civil Jurisdiction and Judgments Act 1982, Brussels Convention Art 27.2

Jurisdiction:

England and Wales

Cited by:

Cited – Barnette v Government of the United States of America; United States Government v Montgomery (No 2) CA 24-Mar-2003
The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal . .
Cited – Al-Bassam v Al-Bassam CA 1-Jul-2004
The claimant sought administration of her husband’s estate according to his domicile in England. The defendant claimed the estate under Islamic law, and that there had been no marriage, and that he had been domiciled in Saudi Arabia.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Jurisdiction

Updated: 20 August 2022; Ref: scu.171336

HLR v France: ECHR 29 Apr 1997

‘Owing to the absolute character of the right guaranteed, the court does not rule out the possibility that article 3 of the Convention may also apply where the danger emanates from persons or groups of persons who are not public officials. However, it must be shown that the risk is real and that the authorities of the receiving state are not able to obviate the risk by providing appropriate protection.’

Citations:

24573/94, (1997) 26 EHRR 29, [1997] ECHR 23

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 3

Jurisdiction:

Human Rights

Citing:

Applied – Cruz Varas And Others v Sweden ECHR 20-Mar-1991
Hudoc No violation of Art. 3; No violation of Art. 8; No violation of Art. 25-1 ‘Although the present case concerns expulsion as opposed to a decision to extradite, the Court considers that the above [Soering] . .

Cited by:

Cited – Bagdanavicius and Another, Regina (on the Application of) v HL 26-May-2005
The claimants said they had been subjected to harassment and violence from non-state agents in their home country of Lithuania, and sought asylum.
Held: It was for the person claiming the protection of the Convention provisions for . .
Cited – Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean SC 28-Jun-2017
(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord . .
Cited – Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean SC 28-Jun-2017
(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 20 August 2022; Ref: scu.165492

Ali Syed, Regina v: CACD 18 Dec 2018

The defendant faced trial on allegations of acts in preparation of terrorism. He wanted to say that he had been encouraged by security officers and argued that he English law as to entrapment was incompatible with his human rights, and now sought leave to refer the point of law to the Supreme Court.

Citations:

[2018] EWCA Crim 2809, [2018] WLR(D) 789, [2019] 1 Cr App R 21, [2019] 4 All ER 260, [2019] Crim LR 442, [2019] 1 WLR 2459

Links:

Bailii, WLRD

Statutes:

Terrorism Act 2006 5(1), European Convention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Looseley (orse Loosely); Attorney General’s Reference No 3 of 2000 HL 25-Oct-2001
Police Entrapment is no defence to Criminal Act
The defendant complained of his conviction for supplying controlled drugs, saying that the undercover police officer had requested him to make the supply.
Held: It was an abuse of process for the police to go so far as to incite a crime.
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 19 August 2022; Ref: scu.633136

SAS v France: ECHR 1 Jul 2014

Citations:

43835/11 – Grand Chamber Judgment, [2014] ECHR 695

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Barclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others SC 22-Oct-2014
Constitutional Status of Chanel Islands considered
The Court was asked as to the role, if any, of the courts of England and Wales (including the Supreme Court) in the legislative process of one of the Channel Islands. It raised fundamental questions about the constitutional relationship between the . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 19 August 2022; Ref: scu.533762

Tarsasag A Szabadsagjogokert v Hungary: ECHR 14 Apr 2009

The court upheld a complaint by the Hungarian Civil Liberties Union that, contrary to article 10, it had been refused access to details of a complaint in connection with drugs policy on the basis that details of the complaint could not be released, according to domestic law, without the consent of the author.
Held: After referring to Leander, the court said that ‘the court has more recently advanced towards a broader interpretation of the notion of the ‘freedom to receive information’ (see Sdruzeni Jihoceske Matky v [Czech Republic], no 19101/03, 10 July 2006 [being the first of the decisions we have in mind]) and thereby towards the recognition of a right of access to information.’
Article 10 may be invoked not only by those who seek to give information but also by those who seek to receive it.
The Court recalls at the outset that ‘Article 10 does not … confer on the individual a right of access to a register containing information on his personal position, nor does it embody an obligation on the Government to impart such information to the individual’ and that ‘it is difficult to derive from the Convention a general right of access to administrative data and documents’. Nevertheless, the Court has recently advanced towards a broader interpretation of the notion of ‘freedom to receive information’ and thereby towards the recognition of a right of access to information.
In any event, the Court notes that ‘the right to freedom to receive information basically prohibits a Government from restricting a person from receiving information that others wish or may be willing to impart to him’. It considers that the present case essentially concerns an interference – by virtue of the censorial power of an information monopoly – with the exercise of the functions of a social watchdog, like the press, rather than a denial of a general right of access to official documents. In this connection, a comparison can be drawn with the Court’s previous concerns that preliminary obstacles created by the authorities in the way of press functions call for the most careful scrutiny. Moreover, the State’s obligations in matters of freedom of the press include the elimination of barriers to the exercise of press functions where, in issues of public interest, such barriers exist solely because of an information monopoly held by the authorities. The Court notes at this juncture that the information sought by the applicant in the present case was ready and available and did not require the collection of any data by the Government. Therefore, the Court considers that the State had an obligation not to impede the flow of information sought by the applicant.’

Citations:

[2009] ECHR 618, 37374/05, (2011) 53 EHRR 3

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Citing:

See also – Tarsasag A Szabadsagjogokert v Hungary ECHR 13-Nov-2008
The Hungarian Civil Liberties Union sought access to details of a legal challenge filed by a Hungarian parliamentarian in the Hungarian Constitutional Court concerning the constitutionality of legislative amendments to the Hungarian Criminal Code. . .
Cited – Leander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .

Cited by:

Cited – Sugar v The British Broadcasting Commission and Another (No 2) CA 23-Jun-2010
The respondent had had prepared a report as to the balance of its reporting of the Israeli-Palestinian conflict. Earlier proceedings had established that the purposes of the holding of the reporting included jurnalism. The claimant now appealed . .
Cited – Kennedy v The Information Commissioner and Another CA 12-May-2011
The claimant, a journalist, sought further information from the Charity Commission after the release of three investigations into the ‘Mariam Appeal’ and questions about the source and use of its funds. The Commission replied that it was exempt . .
Cited – Kennedy v Charity Commission CA 20-Mar-2012
The claimant sought disclosure of an investigation conducted by the respondent. The respondent replied that the material was exempt within section 32(2). The court had found that that exemption continued permanently even after the inquiry was . .
Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court CA 3-Apr-2012
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court.
Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 19 August 2022; Ref: scu.417814

Caraher v The United Kingdom: ECHR 11 Jan 2000

The applicant sought compensation for the killing of her husband by soldiers in Northern Ireland. She had previously brought a claim against the Ministry of Defence for aggravated damages in respect of the same matter. That claim had been settled for andpound;50,000.
Held: Since the applicant had used ‘the local remedies available’, she could no longer claim as a victim for breach of Article 2.

Citations:

24520/94, [2000] ECHR 708

Links:

Bailii

Statutes:

European Convention on Human Rights 2

Cited by:

Cited – Rabone and Another v Pennine Care NHS Trust CA 21-Jun-2010
The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 19 August 2022; Ref: scu.417103

Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life.
Held: The decision in Savage related to a detained patient. The fact that the claimant’s daughter was not a detained patient did alter the Trust’s duties. Article 2 does not impose upon the state an operational obligation towards all persons who are at ‘real and immediate risk’ of death, and health trusts do not have the article 2 operational obligation to voluntary patients in hospital, who are suffering from physical or mental illness, even where there is a ‘real and immediate’ risk of death.
Had there been a duty found, the earlier settlement had provided an adequate remedy.

Judges:

Rix, Stanley Burnton, Jackson LJJ

Citations:

[2010] EWCA Civ 698, [2010] WLR (D) 152, [2011] 3 WLR 603, [2011] QB 1019, (2010) 115 BMLR 191, [2010] Inquest LR 105, [2011] PTSR 1028, [2010] Med LR 376, [2010] MHLR 413, [2010] PIQR Q4

Links:

Bailii, WLRD

Statutes:

Human Rights Act 1998 7, European Convention on Human Rights 2, Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976, Mental Health Act 1983

Jurisdiction:

England and Wales

Citing:

Appeal from – Rabone and Another v Pennine Care NHS Trust QBD 23-Jul-2009
The claimant’s daughter had been a voluntary patient at a mental hospital. She committed suicide when on home leave from a secure ward. The claimant now said that the hospital had acted incompatibly with their daughter’s human rights, in releasing . .
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 – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Cited – LCB v United Kingdom ECHR 9-Jun-1998
The applicant’s father had been present on Christmas Island during British nuclear tests. She was diagnosed with leukaemia. She claimed the UK had been should have warned her parents of the risks associated with exposure to radiation and monitored . .
Cited – Powell v United Kingdom ECHR 4-May-2000
A ten-year old boy had died from Addison’s disease. No inquest took place, because the coroner decided that the boy had died of natural causes. The parents, who were also affected by the events, had accepted compensation from the local health . .
Cited – Keenan v The United Kingdom ECHR 3-Apr-2001
A young prisoner was known to be at risk of suicide, but nevertheless was not provided with adequate specialist medical supervision. He was punished for an offence, by way of segregation which further put him at risk.
Held: Inhuman and . .
Cited – Kilinc And Others v Turkey ECHR 7-Jun-2005
kilinc_turkeyECHR05
A state authority may have a positive obligation to prevent foreseeable suicides amongst conscripts to its armed forces. . .
Cited – In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L HL 25-Jun-1998
The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have . .
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
Cited – Savage v South Essex Partnership NHS Foundation Trust (MIND intervening) HL 10-Dec-2008
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security.
Held: The Trust’s appeal failed. The fact that . .
Cited – Ataman v Turkey ECHR 27-Apr-2006
The Court set out the need to supervise soldiers to whom weapons were entrusted and to prevent suicides. Since the carrying of weapons was involved, the authorities could be expected to show particular diligence and adopt a suitable system for . .
Cited – Renolde v France ECHR 16-Oct-2008
A prisoner with mental health problems committed suicide during pre-trial detention. It was said that the state had infringed his article 2 right.
Held: The court noted the vulnerability of persons in custody, especially those who were . .
Cited – Mitchell and Another v Glasgow City Council HL 18-Feb-2009
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and . .
Cited – Eckle v Germany ECHR 15-Jul-1982
Two fraud prosecutions against the claimants had lasted for 15 and 20 years respectively.
Held: Article 6.1 applies to all stages of criminal proceedings, including sentencing and any appeal. The ‘reasonable time’ in criminal matters, . .
Cited – Edwards v The United Kingdom ECHR 14-Mar-2002
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His . .
Cited – Caraher v The United Kingdom ECHR 11-Jan-2000
The applicant sought compensation for the killing of her husband by soldiers in Northern Ireland. She had previously brought a claim against the Ministry of Defence for aggravated damages in respect of the same matter. That claim had been settled . .

Cited by:

Appeal from – Rabone and Another v Pennine Care NHS Foundation SC 8-Feb-2012
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Health, Personal Injury, Negligence

Updated: 19 August 2022; Ref: scu.417086

FA (Iraq) v Secretary of State for The Home Department: CA 18 Jun 2010

The claimant had applied both for asylum and humanitarian protection. Both claims had been rejected, but he was given leave to stay in the UK for a further year. He now sought to appeal not only against the rejection of the asylum claim but also the humanitarian protection claim.
Held: The claimant’s appeal succeeded. He could appeal against the refusal of humanitarian protection.
A person not entitled to refugee status may nevertheless be eligible for ‘subsidiary’ protection, pursuant to the Qualification Directive, if substantial grounds have been shown for believing that, if returned to his country of origin, he would face a real risk of suffering serious harm and is unable or, owing to such risk, unwilling to avail himself of the protection of that country. The serious harm feared was real. Following Elgafaji and QD, ‘it is now tolerably clear that Article 15 is wider than Article 2 and 3 of the Human Rights Convention and to that extent is itself directly applicable in all EU countries including the United Kingdom.’

Judges:

Pill, Longmore, Sullivan LJJ

Citations:

[2010] EWCA Civ 696, [2010] WLR (D) 152, [2010] 1 WLR 2545, [2011] 1 All ER 270, [2010] 3 CMLR 39

Links:

Bailii, WLRD

Statutes:

Nationality, Immigration and Asylum Act 2002 83, Qualification Directive 2004/83/EC, Immigration Rules 339C

Jurisdiction:

England and Wales

Citing:

Cited – Odelola v Secretary of State for the Home Department HL 20-May-2009
The appellant had applied for leave to remain as a postgraduate doctor. Before her application was determined, the rules changed. She said that her application should have been dealt with under the rules applicable at the time of her application. . .
Cited – Elgafaji and Elgafaji v Staatssecretaris van Justitie ECJ 17-Feb-2009
Europa (Grand Chamber) Directive 2004/83/EC – Minimum standards for determining who qualifies for refugee status or for subsidiary protection status – Person eligible for subsidiary protection Article 2(e) – Real . .
Cited – QD and AH (Iraq) v Secretary of State for the Home Department CA 24-Jun-2009
. .
Cited – Peterbroeck, Van Campenhout and Cie v Belgian State ECJ 14-Dec-1995
It is a basic principle of European Union law that national law should provide effective legal protection, by establishing a system of legal remedies and procedures which ensure respect for the relevant European law right: ‘For the purposes of . .

Cited by:

Cited – TN, MA and AA (Afghanistan) v Secretary of State for The Home Department SC 24-Jun-2015
The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing.
Held: The appeals failed. An applicant could not claim, . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 19 August 2022; Ref: scu.417083

Micallef v Malta: ECHR 15 Jan 2008

Citations:

[2008] ECHR 41

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

See Also – Micallef v Malta ECHR 15-Oct-2009
‘The Court reiterates that for Article 6(1) in its ‘civil’ limb to be applicable, there must be a dispute over a ‘civil right’ which can be said, at least on arguable grounds, to be recognised under domestic law’
Preliminary proceedings or . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 19 August 2022; Ref: scu.416755

Jokela v Finland: ECHR 5 Oct 2000

Citations:

[2000] ECHR 704

Links:

Bailii

Cited by:

See Also – Jokela v Finland ECHR 21-May-2002
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1; No violation of Art. 6-1 with regard to witnesses; No violation of Art. 6-1 with regard to reasons for decision; Pecuniary damage – financial . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 19 August 2022; Ref: scu.416754

Schuitemaker v The Netherlands: ECHR 4 May 2010

The applicant was a philosopher by profession. She claimed unemployment benefit and was told that her benefits would be reduced unless she was willing to take up a wider range of employment than she considered suitable. She complained under Article 4 that she was being forced to take up labour irrespective of whether it would be suitable for her.
Held: Her application was inadmissible. The Court noted that the obligation of which she complained was in effect a condition for the granting of benefits, and it stated as a general principle that a state which has introduced a system of social security is fully entitled to lay down conditions which have to be met for a person to be eligible for benefits under that system.

Citations:

15906/08, [2010] ECHR 820

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

Cited – Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions SC 30-Oct-2013
The Secretary of State appealed against the decision in favour of Ms Reilly and Mr Wilson, that the 2011 Regulations, made under section 17A of the 1995 Act, did not comply with the requirements of that section, and (ii) a cross-appeal brought by . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Employment

Updated: 19 August 2022; Ref: scu.416477

Larke, Havard, Kulkarni And CABP, BPAWC, SAABP, BPiA v The United Kingdom: ECHR 27 Apr 2010

(Admissibility) The applicants sought to challenge the decisions not to uprate state retirement pensions by the respondent for foreign resident pensioners.
Held: Inadmissible.

Judges:

Lech Garlicki, P

Citations:

25402/02, [2010] ECHR 725

Links:

Bailii

Statutes:

European Convention on Human Rights

Human Rights

Updated: 19 August 2022; Ref: scu.416243

Cox v Turkey: ECHR 20 May 2010

ECHR The applicant alleged, in particular, that she had been deported from Turkey and a ban had been imposed on her re-entry on account of opinions she had expressed.

Judges:

Francoise Tulkens, P

Citations:

2933/03, [2010] ECHR 700, [2010] Imm AR 664, (2012) 55 EHRR 13

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Cited by:

Cited – Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration

Updated: 19 August 2022; Ref: scu.416279

Evans v The University of Oxford: EAT 23 Apr 2010

EAT PRACTICE AND PROCEDURE
Postponement or stay
Time for appealing
The Employment Judge refused the Claimant’s application for a postponement of a Pre Hearing Review. The Respondent did not object. She appealed. The Tribunal then postponed the PHR. The appeal was rejected on the sift. The Claimant did not apply under Rule 3 within 28 days and the Registrar correctly refused to extend time.
In any event the appeal would fail all three tests in rule 3(7): it is an abuse of the process of the EAT as the appeal is academic and the remedy is now out of reach, it will obstruct the just disposal of the Employment Tribunal proceedings, and it has no prospect of success being an interim appeal against a case management decision: Caston per Longmore LJ.
The Claimant did not make out her claim as a victim under ECHR Arts 3, 4, 5, 6, 8, 9, 10 and 11.

Judges:

McMullen QC J

Citations:

[2010] UKEAT 1510 – 09 – 2304

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Human Rights

Updated: 18 August 2022; Ref: scu.415917

Power v Greater Manchester Police Authority: EAT 29 Apr 2010

EAT RELIGION OR BELIEF DISCRIMINATION
There is no breach of ECHR Art 6 when a corporate employer accused of discrimination fails to produce the decision maker at trial to face cross-examination. Art 6.3(d) applies to criminal proceedings. It was reasonably arguable from the construction of the dismissal letter that the Claimant’s belief in spirituality, correctly protected by the 2003 Regulations, contributed to the decision to dismiss him.

Judges:

McMullen QC J

Citations:

[2010] UKEAT 0087 – 10 – 2904

Links:

Bailii

Statutes:

Religion and Belief Regulations 2003

Jurisdiction:

England and Wales

Employment, Discrimination, Human Rights

Updated: 18 August 2022; Ref: scu.415918