Category: Human Rights

Takoushis, Regina (on the Application of) v HM Coroner for Inner North London: Admn 16 Dec 2004

A patient suffering schizophrenia had been a voluntary patient. He was allowed to visit another unit within the hospital grounds, but then left altogether and was next found preparing to jump from Tower Bridge. He was taken by ambulance to Hospital but, left to wait, he again left, and a person of his description was seen shortly afterwards to jump into the river at St Katherine’s Dock and some weeks later his body was recovered from the river at Wapping. Mrs Takoushis applied for judicial review of the inquest. She said that the enquiry had been insufficient to satisfy the requirements of article 2 of the ECHR because the Coroner had refused to allow her to call expert evidence relating to the quality of care that her husband had received at the hospital prior to his death. The hospital took part in the proceedings as an interested party.
Held: The judge noted that the hospital had accepted that article 2 was engaged. In view of that it was not necessary for him to pursue that point.
Sir Anthony Clarke MR said: ‘Although the possible verdicts at an inquest under the 1988 Act are circumscribed and, in particular must not ascribe criminal or civil liability, that does not mean that the facts should not be fully investigated . .’

Judges:

Elias J

Citations:

[2004] EWHC 2922 (Admin)

Links:

Bailii

Statutes:

Coroners Act 1988, European Convention on Human Rights 2

Jurisdiction:

England and Wales

Citing:

Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.

Cited by:

Appeal from – 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 – Goodson v HM Coroner for Bedfordshire and Luton and Another (No 2) CA 12-Oct-2005
The applicant intended to appeal refusal of her challenge to the verdict of the coroner. For the first time at appeal she sought a protective costs order.
Held: The Corner House case established that a request for a protective costs order . .
Cited – Gentle, Regina (on the Application of) and Another v The Prime Minister and Another HL 9-Apr-2008
The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed.
Held: The . .
Cited – Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
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 . .
Lists of cited by and citing cases may be incomplete.

Coroners, Human Rights

Updated: 28 July 2022; Ref: scu.221032

Perez v France: ECHR 1995

The applicant complained that, having been convicted in Andorra, no provision availed for review of his detention in France where he served his sentence.
Held: There was no violation ‘The review required by article 5(4) is incorporated in the decision depriving a person of his liberty when that decision is made by a court at the close of judicial proceeding; this is so, for example, where a sentence of imprisonment is pronounced after ‘conviction by a competent court’ within the meaning article 5(1)(a) of the Convention. Only the ‘initial decision’ is contemplated, not ‘an ensuing period of detention in which new issues affecting the lawfulness of the detention might subsequently arise. However, article 5(4) sometimes requires the possibility of subsequent review of the lawfulness of detention by a court. This usually applies to the detention of persons of unsound mind within the meaning of paragraph 1(e), where the reasons initially warranting confinement may cease to exist: ‘…it would be contrary to the object and purpose of article 5 . . to interpret paragraph 4 thereof . . as making this category of confinement immune from subsequent review of lawfulness merely provided that the initial decision issued from a court’. The same principle applies to the detention ‘after conviction by a competent court’ mentioned in paragraph 1(a), but only in certain quite specific circumstances. These include, for example, the placing of a recidivist at the government’s disposal in Belgium, the continuing detention of a person sentenced to an ‘indeterminate’ or ‘discretionary’ life sentence in Great Britain and the detention for security reasons of a person with an underdeveloped or permanently impaired mental capacity in Norway.’

Citations:

(1995) 22 EHRR 153

Jurisdiction:

Human Rights

Cited by:

Cited – Giles, Regina (on the Application of) v Parole Board and Another HL 31-Jul-2003
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 28 July 2022; Ref: scu.185427

S and Marper v The United Kingdom, (Legal Summary): ECHR 4 Dec 2008

Respect for private life
Retention of fingerprints and DNA information in cases where defendant in criminal proceedings is acquitted or discharged: violation

Citations:

30566/04, 30562/04

Links:

HUDOC

Statutes:

European Convetion on Human Rights 8.1

Jurisdiction:

Human Rights

Citing:

Press Release – Marper v United Kingdom; S v United Kingdom ECHR 27-Feb-2008
Grand Chamber – Press Release – The applicant complained of the retention by the police of DNA and fingerprint records – The applicants both complain about the retention of their fingerprints and DNA samples and the fact that they are being used in . .

Cited by:

Legal Summary – Marper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police, Information

Updated: 26 July 2022; Ref: scu.640864

Association Justice and Environment v Commission: ECFI 23 Jan 2017

ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Documents relating to an infringement procedure opened by the Commission against the Czech Republic – Refusal of access – Exception concerning the protection of inspections, investigations and audits – General presumption – Overriding public interest – Aarhus Convention – European Convention for the Protection of Human Rights and Fundamental Freedoms
Secondary EU legislation should, so far as possible, be interpreted consistently with international agreements concluded by the European Union.

Citations:

ECLI:EU:T:2017:18, [2017] EUECJ T-727/15

Links:

Bailii

Statutes:

Regulation (EC) No 1049/2001

Jurisdiction:

European

Citing:

At TCC (1) – Energy Solutions EU Ltd v Nuclear Decommissioning Authority TCC 23-Jan-2014
This litigation concerns the procurement process for a contract in relation to the decommissioning of nuclear installations. The Claimant is a company which provides integrated waste management and decommissioning services for the nuclear industry. . .

Cited by:

Cited – Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 26 July 2022; Ref: scu.573735

TDT, Regina (on The Application of) v Secretary of State for The Home Department: Admn 29 Jul 2016

The claimant child alleged that the defendant had released him from administrative immigration detention without first putting safeguarding arrangements in place, leave him iat risk, in particular of becoming victim to human trafficking.

Judges:

McGowan J

Citations:

[2016] EWHC 1912 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 4

Jurisdiction:

England and Wales

Immigration, Children, Human Rights

Updated: 26 July 2022; Ref: scu.567874

AB v Her Majesty’s Advocate: SC 5 Apr 2017

This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B was over the age of 16, if the police had previously charged A with a ‘relevant sexual offence’.
Held: ‘section 39(2)(a)(i) of the 2009 Act is incompatible with Convention rights in its application to the appellant because it interferes disproportionately with his article 8 right ‘
The impugned provision was not within the ambit of article 6, which guarantees that a trial will be procedurally fair. The impugned provision did not, as the appellant’s counsel asserts, create an irrebuttable presumption that the appellant did not have a reasonable belief as to the age of the girl with whom he had sexual intercourse, thereby overriding the presumption of innocence in breach of article 6(2) of the ECHR which provides: ‘Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.’
Instead, the impugned provision, when applicable, makes the offences under sections 28 and 30 strict liability offences by treating as irrelevant the accused person’s state of knowledge of the victim’s age. The creation of what amounts to a strict liability offence in relation to the victim’s age in such circumstances does not violate article 6(2) of the ECHR, which is concerned with procedural guarantees and not with the substantive elements of a criminal offence
‘the use of the prior charges in this case to exclude the reasonable belief defence amounts to a disproportionate interference with the appellant’s article 8 right because the prior charges did not give the official warning or official notice, which is the only rationale of the impugned provision which the Lord Advocate seeks to defend. ‘

Judges:

Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes, Lord Hodge

Citations:

[2017] UKSC 25, 2017 SLT 401, 2017 SCL 434, 2017 GWD 12-178, UKSC 2016/0083

Links:

Bailii, Bailii Summary, SC, SC Summary, SC Summary Video

Statutes:

Criminal Procedure (Scotland) Act 1995, European Convention on Human Rights, Scotland Act 1998 29, Sexual Offences (Scotland) Act 2009 39

Jurisdiction:

Scotland

Citing:

Cited – Regina v Rider 1954
The expression ‘charge’ is usually used to describe a formal accusation that a person has committed a criminal offence.
Stratfield J said: ‘there is another principle that one ought to apply, namely, that section . . exists for the purpose of . .
Appeal from – AB v Her Majesty’s Advocate HCJ 26-Feb-2016
The defendant appealed his conviction for having sexual relations with a child under 16 saying that the legislation denied his right of consideration that he genuinely believed that she was 16 years old.
Held: The court rejected the . .
Cited – Salabiaku v France ECHR 7-Oct-1988
A Zairese national living in Paris, went to the airport to collect, as he said, a parcel of foodstuffs sent from Africa. He could not find this, but was shown a locked trunk, which he was advised to leave alone. He however took possession of it, . .
Cited – Regina v G (Secretary of State for the Home Department intervening) HL 18-Jun-2008
The defendant was fifteen. He was convicted of statutory rape of a 13 year old girl, believing her to be 15. He appealed saying that as an offence of strict liability he had been denied a right to a fair trial, and also that the offence charged was . .
Cited – Marper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
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 – Amann v Switzerland ECHR 16-Feb-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to interception of telephone call; Violation of Art. 8 with regard to creation and storing of information card; Preliminary objection . .
Cited – Rotaru v Romania ECHR 4-May-2000
Grand Chamber – The applicant, a lawyer, complained of a violation of his right to respect for his private life on account of the use against him by the Romanian Intelligence Service of a file which contained information about his conviction for . .
Cited – S v The United Kingdom; Marper v The United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The court commented that ‘in determining whether the personal information retained by the authorities involves any of the private-life aspects mentioned above, the court will have due regard to the specific context in which the . .
Cited – Bouchacourt v France ECHR 17-Dec-2009
The applicant had been sentenced to ten years’ imprisonment for rape and sexual assault on minors. His name had been placed automatically on a Register of Sexual and Violent Offenders, and had had to confirm his address every year and to give notice . .
Cited – MM v The United Kingdom ECHR 13-Nov-2012
ECHR The applicant complained about the retention and disclosure in the context of a criminal record check of data concerning a caution she received from the police. he applicant, who lived in Northern Ireland, . .
Cited – G v The United Kingdom ECHR 30-Aug-2011
The appellant aged 15, had sexual intercourse with a girl aged 12. He pleaded guilty to a charge of rape of a child under 13, contrary to section 5 of the 2003 Act, on the written basis that the intercourse was consensual in fact (although by reason . .
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 – Animal Defenders International v The United Kingdom ECHR 22-Apr-2013
ECHR (Grand Chamber) Article 10-1
Freedom of expression
Refusal of permission for non-governmental organisation to place television advert owing to statutory prohibition of political advertising: no . .
Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 26 July 2022; Ref: scu.581351

Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: CA 31 Jul 2014

Appeal against a decision that the SS’s refusal of a student loan was a breach of the claimant’s human rights.
Held: The Secretary of State’s appeal against the judge’s decision on the settlement criterion was allowed and the appellant’s appeal against his decision on the lawful ordinary residence criterion was dismissed.
Laws LJ (with whom Floyd LJ agreed) held that the Secretary of State was justified in making, and might even be rationally required to make, a bright-line rule and he was entitled to adopt a criterion based on settlement as defined from time to time by the Home Office.
Vos LJ held that what ‘saved’ the requirement was the possibility that the Home Office might exercise its discretion to grant ILR to children in accordance with the Secretary of State’s duty under section 55(1) of the Borders, Citizenship and Immigration Act 2009 to ensure that her functions are discharged having regard to the need to safeguard and promote the welfare of children in the United Kingdom.

Judges:

Laws, Floyd, Vos LJJ

Citations:

[2014] EWCA Civ 1216

Links:

Bailii

Statutes:

Education (Student Support) Regulations 2011, European Convention on Human Rights 2 14

Jurisdiction:

England and Wales

Cited by:

Appeal from – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Lists of cited by and citing cases may be incomplete.

Education, Human Rights

Updated: 26 July 2022; Ref: scu.538184

Regina v Edwards Books and Art Ltd: 18 Dec 1986

Supreme Court of Canada – the limitation of the protected right must be one that ‘it was reasonable for the legislature to impose’, and that the courts were ‘not called upon to substitute judicial opinions for legislative ones as to the place at which to draw a precise line’.
‘a business corporation cannot possess religious beliefs’. And
‘In interpreting and applying the Charter I believe that the courts must be cautious to ensure that it does not simply become an instrument of better situated individuals to roll back legislation which has as its object the improvement of the condition of less advantaged persons’
Legislative drafting is a difficult art and Parliament cannot be held to a standard of perfection.

Judges:

Dickson CJ

Citations:

[1986] 2 SCR 713, (1986) 35 DLR (4th) 1, 30 CCC (3d) 385, 86 CLLC 14, 55 CR (3d) 193

Links:

Canlii

Statutes:

Canadian Charter of Rights and Freedoms to life, liberty and security

Jurisdiction:

Canada

Cited by:

Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – Ali and Bibi, Regina (on The Applications of) v Secretary of State for The Home Department SC 18-Nov-2015
At the claimants alleged that the rules requiring a foreign spouse or partner of a British citizen or a person settled in this country to pass a test of competence in the English language before coming to live here were an unjustifiable interference . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Human Rights

Updated: 26 July 2022; Ref: scu.535119

Husenatu Bah v The United Kingdom: ECHR 27 Sep 2011

Judges:

Lech Garlicki, P

Citations:

[2011] ECHR 1448, 56328/07, (2012) 54 EHRR 21, [2012] HLR 2, , 31 BHRC 609

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Statement of Facts – Husenatu Bah v The United Kingdom ECHR 1-Dec-2009
Statement of Facts . .

Cited by:

Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration

Updated: 26 July 2022; Ref: scu.526347

Kebede and Another v Secretary of State for Business Innovation and Skills: Admn 31 Jul 2013

The claimants challenged refusal of financial support for their studies, being immigrants with discretionary leave to remain.
Held: It was submitted ‘ that the provision of a loan to pay fees is one removed from the imposition of fees itself, and so should be taken as too remote to fall within the scope of A2P1 for the purposes of article 14.’
Held: Burnett J said: ‘that is a technical approach which does not accord with the broad view the Strasbourg Court takes on such matters. Nobody can have access to university education unless funding is found to discharge the fees. State support for the discharge of fees by way of loans will be, for a very large number of people, the only practical way of paying them. It is therefore an important feature in providing practical and effective access to university education. For this reason I do not accept that the current arrangements relating to funding are too remote from the right guaranteed by A2P1 to fall outside its ambit and therefore to be considered by reference to article 14.’

Judges:

Burnett J

Citations:

[2013] EWHC 2396 (Admin), [2014] PTSR 92

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Kebede, Regina (on The Application of) v Newcastle City Council Admn 15-Feb-2013
The two brothers had had their asylum claims rejected but remained with temporary discretionary leave. They now sought judicial review of the refusal to them of financial assistance to go to university. . .

Cited by:

Appeal from – Kebede and Another, Regina (on The Application of) v Newcastle City Council CA 31-Jul-2013
The claimant challenged refusal by the defendant to provide financial support for his studies. . .
Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Lists of cited by and citing cases may be incomplete.

Education, Immigration, Human Rights

Updated: 26 July 2022; Ref: scu.514298

Catan And Others v Moldova And Russia: ECHR 19 Oct 2012

Grand Chamber

Judges:

Nicolas Bratza, P

Citations:

43370/04 18454/06 8252/05 – HEJUD, [2012] ECHR 1827, [2013] ELR 197, (2013) 57 EHRR 4

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Education

Updated: 26 July 2022; Ref: scu.465069

Leyla Sahin v Turkey: ECHR 10 Nov 2005

(Grand Chamber) The claimant, a muslim woman complained that she had not been allowed to attend lectures wearing a headscarf.
Held: Any limitations on the right to an education must not curtail it ‘to such an extent as to impair its very essence and deprive it of its effectiveness.’
‘Although [A2P1] does not impose a duty on the contracting states to set up institutions of higher education, any state doing so will be under an obligation to afford an effective right of access to them.’

Judges:

L Wildhaber P

Citations:

[2006] ELR 73, [2005] ECHR 819, (2007) 44 EHRR 5, 44774/98, 19 BHRC 590

Links:

Bailii

Statutes:

European Convention on Human Rights 9

Jurisdiction:

Human Rights

Citing:

See Also – Leyla Sahin v Turkey ECHR 29-Jun-2004
(Grand Chamber) The applicant had been denied access to written examinations and to a lecture at the University of Istanbul because she was wearing an Islamic headscarf. This was prohibited not only by the rules of the university but also by the . .

Cited by:

Cited – A v Essex County Council SC 14-Jul-2010
The claimant, a severely disabled child sought damages, saying that for well over a year, the local authority had made no provision for his education.
Held: His appeal against the striking out of his action failed. The correct approach had . .
Cited – Eweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Education

Updated: 26 July 2022; Ref: scu.421520

Animal Defenders International v United Kingdom: ECHR 27 Jan 2011

Statement of facts

Citations:

48876/08, [2011] ECHR 191

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

At HL – Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
At first instance – Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture Media and Sport Admn 4-Dec-2006
The court was asked ‘whether a domestic statutory prohibition of political advertising on television and radio violated the human right of would-be political advertisers to freedom of expression through those media. ‘
Held: A declaration of . .

Cited by:

Statement of Facts – Animal Defenders International v The United Kingdom ECHR 22-Apr-2013
ECHR (Grand Chamber) Article 10-1
Freedom of expression
Refusal of permission for non-governmental organisation to place television advert owing to statutory prohibition of political advertising: no . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 26 July 2022; Ref: scu.428433

Bouchacourt v France: ECHR 17 Dec 2009

The applicant had been sentenced to ten years’ imprisonment for rape and sexual assault on minors. His name had been placed automatically on a Register of Sexual and Violent Offenders, and had had to confirm his address every year and to give notice of any change of address. This could be done by registered letter including a receipt or invoice, not more than three months old, containing the applicant’s name and address. How long an offender’s name remained on the register depended on the gravity of the offence, but it could be for twenty or thirty years. He complained that this interfered with is article 8 rights.
Held: The application failed: ‘ As the Government points out, it is a maximum duration. Although significant in this case, since it is of thirty years, the Court observes that what is important in this case, where the period is thirty years, is that the deletion of information is of right once the time has lapsed, as calculated from the date on which the sentence giving rise to registration ceases to have effect. The Court also notes that the person concerned can apply to the prosecutor for the deletion of the information if its preservation no longer appears to be relevant, taking into account the purpose of the register and having regard to the nature of the offence, the age of the person at the time that it was committed, the length of time that has lapsed since then, and the offender’s current character (paragraph 16, Article 706-53-10 of the Code of Criminal Procedure). The prosecutor’s decision is subject to appeal to the juge des libertes et de la detention, then to the president of the investigating chamber.
The Court considers that this judicial procedure for removing the information ensures independent review of the justification for the retention of the information according to defined criteria (S and Marper, already cited, para 119) and provides adequate and sufficient safeguards in relation to respect for private life, with regard to the seriousness of the offences justifying registration on the sex offenders’ register. Certainly, the retention of data for so long a period could be problematic in terms of Article 8 of the Convention, but the Court notes that the Applicant has in any case the concrete opportunity to apply for the deletion of the data retained when the sentence giving rise to his registration has ceased to have effect. In these circumstances, the Court is of the opinion that the length of time that the data is kept is not disproportionate to the aim pursued by the storage of the information.’

Citations:

5335/06 (French Text), [2009] ECHR 2276

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Cited by:

Cited – F and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Apr-2010
The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the . .
Mentioned – 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 – Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis SC 4-Mar-2015
Police Data Retention Justifiable
The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T . .
Cited – AB v Her Majesty’s Advocate SC 5-Apr-2017
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Sentencing

Updated: 26 July 2022; Ref: scu.416070

Erimako, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 31 Jan 2008

Application for judicial review of the refusal of the Home Secretary to grant leave to remain. The claim for leave and for judicial review is based on Article 8 grounds.

Judges:

Stanley Burnton J

Citations:

[2008] EWHC 312 (admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 26 July 2022; Ref: scu.346716

Webster and Others v The Governors of the Ridgeway Foundation School: QBD 21 May 2009

The first claimant had been severely beaten as he left school. He and his parents also claimed post traumatic stress. They alleged that the school had been negligent in having allowed racial tensions to develop. The claimant was white, and his attackers Asian. The claimants sought disclosure of the school’s disciplinary records unredacted so that the racial origins could be identified. The school, reacted saying that beyond disclosing the names of the attackers, the remaining names were protected by confidence.
Held: Some requests were too wide to satisfy the need for certainty. Others would require specific justification to support the interference with the particular privacy of children.

Judges:

Nicol J

Citations:

[2009] EWHC 1140 (QB)

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – Kenny, Regina (on the Application of) v Leeds Magistrates Court, Leeds City Council Admn 5-Dec-2003
In cases involving children, Article 3 provides that the best interests of the child are a primary consideration, not the primary consideration.
The court looked at the test for making an interim ASBO: ‘Consideration of whether it is just to . .
Cited – Todd v Crown Prosecution Service; T v Director of Public Prosecutions and Another; Todd v DPP QBD 6-Oct-2003
The defendant had been under 18 at the commencement of proceedings but attained 18 during them. The newspaper was granted leave to refer to him by name upon his becoming 18.
Held: Denying the appeal. The balance between the freedom of the . .

Cited by:

See Also – Webster and Others v Ridgeway Foundation School QBD 5-Feb-2010
The claimant had been severely injured when attacked at school. He was a white youth, and his attackers all Asian. The school had a history of inter-racial tension, and he claimed in negligence, and that they had failed to protect his human right . .
See Also – Webster and Others v The Ridgeway Foundation School QBD 2-Mar-2010
The court considered whether costs should be payable on a standard or indemnity basis. . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Human Rights, Education, Information, Litigation Practice

Updated: 26 July 2022; Ref: scu.346752

Grupo Interpres Sa v Spain: ECHR 7 Apr 1997

(Commission) The applicant sold information about people’s assets to third parties. He complained that the refusal of the Spanish courts to allow him access to the courts’ archives in order to obtain such information violated his rights under article 10.
Held: The application was inadmissible. The Commission reiterated that article 10 ‘is intended basically to prohibit a Government from restricting a person from receiving information that others may wish or may be willing to impart to him’. It also observed that ‘the sale of commercial information, which was the applicant company’s object, was not concerned with informing public opinion, which is the purpose of the provision in question’.

Citations:

32849/96, [1997] ECHR 196

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

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

Updated: 26 July 2022; Ref: scu.346573

Grzegorz Szwejer v Poland: ECHR 15 May 2009

Citations:

5258/08, [2009] ECHR 805

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

See Also – Grzegorz Szwejer v Poland ECHR 18-May-2010
The claimant complained of the length of delay in facing his trial on criminal charges. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 26 July 2022; Ref: scu.346639

Kenedi v Hungary: ECHR 26 May 2009

(Second Chamber) The applicant historian specialised in the analysis and recording of the secret services of dictatorships, comparative studies of the political police forces of totalitarian regimes and the functioning of Soviet-type States. The applicant requested the Hungarian Ministry of the Interior to grant him access to deposited documents. He obtained judgments of the Hungarian courts holding that he had been wrongly denied access to various documents. The Ministry offered him the documents (apart from one) in confidence provided he did not disclose them. The Hungarian Government conceded that there was an interference with the applicant’s Article 10 rights.
Held: The applicant’s article 10 rights had been violated, saying: ‘The Court observes that the Government have accepted that there has been an interference with the applicant’s right to freedom of expression. The Court emphasises that access to original documentary sources for legitimate historical research was an essential element of the exercise of the applicant’s right to freedom of expression (see, mutatis mutandis, Tarsasag a Szabadsagjogokert v. Hungary . . ).’

Citations:

31475/05, [2009] ECHR 786, (2009) BHRC 335

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

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 – 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 – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 26 July 2022; Ref: scu.346646

Enea v Italy: ECHR 23 Sep 2004

Citations:

74912/01, [2004] ECHR 728

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Enea v Italy ECHR 17-Sep-2009
(Grand Chamber) The applicant, a prisoner serving a long sentence for Mafia-type criminal offences, was subjected to a special regime by ministerial decrees. The restrictions included not only very limited family visits but also a long period . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 26 July 2022; Ref: scu.346563

Seal v United Kingdom: ECHR 18 May 2009

The applicant complained that, as a mental patient, he was bound to obtain permision before beginning legal proceedings.

Citations:

50330/07, [2009] ECHR 806

Links:

Bailii

Statutes:

European Convention on Human Rights, Mental Health Act 1983 139(2)

Cited by:

See Also – Seal v United Kingdom ECHR 7-Dec-2010
The court considered a procedural filter which prevented the bringing of a claim relating to the exercise of powers under the 1983 Act without the leave of the court.
Held: ‘The Court notes at the outset that the Applicant pursued his . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 26 July 2022; Ref: scu.346667

Brauer v Germany: ECHR 28 May 2009

The applicant was born outside marriage in 1948 in East Germany and claimed a share of the estate of her father, who had lived in West Germany dying in 1998. A West German statute of 1969 put illegitimate children on a equality with children of a marriage, but excluded children born before 1 July 1949, and had thus reached the age of majority as it came into force.
Held: The discriminatory provision was incompatible with the Convention. The aim of the legislation, distinguishing between children born before July 1949 and those born later, may have been legitimate, and the court even recognised the political and other difficulties which would have been involved if the distinction had been removed. However, this was not enough: ‘The Court considers, in particular, that, having regard to the evolving European context in this sphere, which it cannot neglect in its necessarily dynamic interpretation of the Convention, the aspect of protecting the ‘legitimate expectation’ of the deceased and their families must be subordinate to the imperative of equal treatment between children born outside and within marriage.’
The Court then considered whether the means were proportionate, saying: ‘As to whether the means employed were proportionate to the aim pursued, a further three considerations appear decisive to the Court in the present case. First, the applicant’s father had recognized her after her birth and had always had regular contact with her despite the difficult circumstances linked to the existence of two separate German states. He had neither a wife nor any direct descendants, but simply heirs of the third order whom he apparently did not know. The aspect of protecting these distant relatives’ ‘legitimate expectations’ cannot therefore come into play’.
The other two considerations were specific to German legislation in the context of the reunification, and they do not assist in the present case.

Judges:

Peer Lorenzen, P

Citations:

3545/04 (Translation), [2009] ECHR 795

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

See Also – Brauer v Germany ECHR 28-Jan-2010
Just satisfaction – friendly settlement . .
Cited – Re Erskine 1948 Trust ChD 29-Mar-2012
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Wills and Probate

Updated: 26 July 2022; Ref: scu.346628

Horncastle and Others v Regina: CACD 22 May 2009

Each defendant appealed on the basis that they had not had proper opportunity to cross examine prosecution witnesses whose evidence had been accepted by the court. In each case evidence had been hearsay. In two cases, the witness had died before trial, in the third the witness did not attend for fear, and in the fourth the evidence was from a company’s records.
Held: The court must under the 1998 Act take notice of the judgment of the ECHR, but was not directly bound by it. The new point was whether the evidence admitted was ‘sole or decisive’. Where there was an absent but unidentified witness there was no absolute rule that no counterbalancing measures could preserve a fair trial. The court had to be sure that sufficient counterbalancing measures were in place. Some of the appeals were allowed.

Judges:

Lord Justice Thomas, Lord Justice Hughes, Mr Justice Penry-Davey, Mr Justice Irwin and Mr Justice Wyn Williams

Citations:

[2009] EWCA Crim 964, [2009] 4 All ER 183, [2009] 2 Cr App R 15

Links:

Bailii, Times

Statutes:

Criminal Justice Act 2003 114, Human Rights Act 1998, European Convention on Human Rights 6

Citing:

Cited – Al-Khawaja v The United Kingdom; Tahery v The United Kingdom ECHR 20-Jan-2009
Each complainant said that in allowing hearsay evidence to be used against them at their trials, their article 6 human rights had been infringed. In the first case the complainant had died before trial but her statement was admitted.
Held: In . .

Cited by:

Cited – DT, Regina v (Absent witness: Evidence) CACD 4-Jun-2009
The defendant appealed against his conviction. He said that a witness could not be found and therefore did not attend the trial, but her statement had nevertheless been admitted as hearsay evidence.
Held: The right of a defendant to confront a . .
Appeal from – Horncastle and Others, Regina v SC 9-Dec-2009
Each defendant said they had not received a fair trial in that the court had admitted written evidence of a witness he had not been allowed to challenge. The witnesses had been victims, two of whom had died before trial. It was suggested that the . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Human Rights

Updated: 26 July 2022; Ref: scu.346312

Cyprus v Turkey: ECHR 26 May 1975

ECHR (Commission) Article 24 of the Convention : Case referred to the Commission by a Contracting Party.
(a) The applicant Government, as constituted at and since the time of lodging the present applications, are to be considered as representing the Republic of Cyprus for the purpose of proceedings under Art. 24 and 28 of the Convention.
(6) The protection of the rights and freedoms guaranteed under the Convention should not be impaired by any constitutional defect of the applicant Government.
Article 1 of the Convention : The Contracting Parties are bound to secure the rights and freedoms set forth in the Convention to all persons under their actual authority and responsibility, whether that authority is exercised within their own territory or abroad.
Article 63 of the Convention : This provision cannot be interpreted as limiting the scope of the term ‘jurisdiction’ in Article I to metropolitan territories.
Article 26 of the Convention : Applicable in cases brought by States. In a troubled situation arising out of a military action, it is for the Respondent State to establish that practicable and effective remedies were available with regard to the complaints mentioned in the application.
Article 27, paragraph 2, of the Convention : An inter-State application cannot be rejected as being abusive under this provision. Does a general principle exist, according to which the right to bring proceedings before an international instance must not be abused ?
[unresolved).

Citations:

6780/74, [1975] ECHR 3, 6950/75, (1975) 2 DR 125

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

Cited – Secretary of State for Defence v Smith, Regina (on the Application of) CA 18-May-2009
The soldier had died of heatstroke after exercises in Iraq. The Minister appealed against a finding that the circumstances of his death required an investigation compliant with Article 2 human rights, saying that he was not subject to such . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 26 July 2022; Ref: scu.346182

AC (Turkey) v Secretary of State for the Home Department: CA 25 Mar 2009

The court considered the propriety of an order for deportation of an offender after conviction for a serious offence.
Law LJ said: ‘Clearly the Secretary of State has a particular responsibility to make judgments as to what Judge LJ called ‘broad issues of social cohesion and public confidence’ within the system of immigration control. The Secretary of State’s judgment on those matters must broadly be respected by the AIT, at least so far as the policy itself is concerned. As Wall LJ stated in OP . . the Secretary of State’s assessment of those matters has ‘to be taken as a given unless it is palpably wrong’. But then the AIT must exercise its own judgment as to whether, in view of that axiom or given, the decision to remove or deport is disproportionate in the terms of Article 8(2) of the Convention. That decision is to be arrived at on the merits and is entirely in the hands of the Tribunal.’

Judges:

Laws LJ

Citations:

[2009] EWCA Civ 377

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

Cited – Secretary of State for The Home Department v HK (Turkey) CA 27-May-2010
The SS appealed against the successful appeal by the respondent against a deportation order. He had come to England in 1994, been granted indefinite leave to stay, and made a family here. In 2007 he was convicted of grievous bodily harm.
Held: . .
Lists of cited by and citing cases may be incomplete.

Immigration, Criminal Sentencing, Human Rights

Updated: 26 July 2022; Ref: scu.346154

Marper v United Kingdom; S v United Kingdom: ECHR 27 Feb 2008

Grand Chamber – Press Release – The applicant complained of the retention by the police of DNA and fingerprint records – The applicants both complain about the retention of their fingerprints and DNA samples and the fact that they are being used in ongoing criminal investigations. They are also concerned about the possible future uses of those samples and, in general, that their retention casts suspicion on people who have been acquitted or discharged of crimes. They further contend that, as people without convictions who are no longer suspected criminals, they should be treated in the same way as the rest of the unconvicted population of the United Kingdom. They rely on Articles 8 (right to respect for private life) and 14 (prohibition of discrimination) of the European Convention on Human Rights.
The application was lodged with the European Court of Human Rights on 16 August 2004 and declared admissible on 16 January 2007. The Chamber to which the case was assigned decided to relinquish jurisdiction to the Grand Chamber on 10 July 2007.

Citations:

[2008] ECHR 178, 30562/04

Links:

Bailii

Jurisdiction:

Human Rights

Citing:

At Court of Appeal – Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same CA 12-Sep-2002
The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples and fingerprints taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals.
At First Instance – Regina (S) v Chief Constable of South Yorkshire; Regina (Marper) v Same Admn 22-Mar-2002
The police authority took samples of DNA and fingerprints from the claimants whilst under arrest. After their cases had been dismissed or failed, they requested destruction of the samples and records, but this was refused.
Held: There was no . .
At House of Lords – S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
See Also – Marper v United Kingdom; S v United Kingdom ECHR 16-Jan-2007
Decision as to admissibility – the applicants complained of the retention by police of DNA and fingerprint samples and records.
Held: Admissible. . .

Cited by:

See Also – Marper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
Press Release – S and Marper v The United Kingdom, (Legal Summary) ECHR 4-Dec-2008
Respect for private life
Retention of fingerprints and DNA information in cases where defendant in criminal proceedings is acquitted or discharged: violation . .
Press Release – Marper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 26 July 2022; Ref: scu.278518

Gentle and Clarke, Regina (on the Application Of) v Prime Minister and others: CA 12 Dec 2006

The claimants appealed refusal of a judicial review of the defendant’s decision to enter into the war in Iraq. The claimants were parents of troops who had died in the war. They said that the legal advice given to the government was incorrect.
Held: Human Rights law requires a proper investigation into deaths, but that requirement was satisfied by the coroners sysem, and did not require or allow a further investigation of the basis of the military action. Outside human rights law, the applications are unjusticiable: ‘The question whether the United Kingdom acted unlawfully in sending its armed forces to Iraq is not justiciable for one or both of two reasons, namely that it would involve a consideration of at least two international instruments, viz Security Council resolutions 678 and 1441, and that it would involve a detailed consideration of decisions of policy made in the areas of foreign affairs and defence which are the exclusive responsibility of the executive government.’

Judges:

Sir Anthny Clarke MR, Sir Igor Judge President, Dyson LJ

Citations:

[2006] EWCA Civ 1690, Times 01-Jan-2007

Links:

Bailii

Statutes:

European Convention on Human Rights 2.1

Jurisdiction:

England and Wales

Citing:

Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
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 – Buttes Gas and Oil Co v Hammer (No 3) HL 1981
In a defamation action, issues arose as to two conflicting oil concessions which neighbouring states in the Arabian Gulf had granted over their territorial and offshore waters. The foreign relations of the United Kingdom and Iran were also involved . .
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 – Regina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .
Cited – Regina (Abbasi) v Secretary of State for Foreign Affairs CA 6-Nov-2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Regina v Foreign Secretary ex parte Everett CA 20-Oct-1988
A decision taken under the royal prerogative whether or not to issue a passport was subject to judicial review, although relief was refused on the facts of the particular case.
Taylor LJ summarised the effect of the GCHQ case as making clear . .
Cited – Campaign for Nuclear Disarmament (CND) v Prime Minister and others Admn 17-Dec-2002
CND sought an advisory declaration as to the meaning of UN Security Council resolution 1441, which had given Iraq ‘a final opportunity to comply with its disarmament obligations’ and whether the resolution authorised states to take military action . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Human Rights

Updated: 26 July 2022; Ref: scu.246968

Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture Media and Sport: Admn 4 Dec 2006

The court was asked ‘whether a domestic statutory prohibition of political advertising on television and radio violated the human right of would-be political advertisers to freedom of expression through those media. ‘
Held: A declaration of incompatibility was refused. Certificate for leapfrog appeal to House of Lords granted.

Judges:

Auld LJ and Ouseley J

Citations:

[2006] EWHC 3069 (Admin), [2007] EMLR 158

Links:

Bailii

Statutes:

Communications Act 2003 321

Jurisdiction:

England and Wales

Cited by:

Appeal from – Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
At first instance – Animal Defenders International v United Kingdom ECHR 27-Jan-2011
Statement of facts . .
At First Instance – Animal Defenders International v The United Kingdom ECHR 22-Apr-2013
ECHR (Grand Chamber) Article 10-1
Freedom of expression
Refusal of permission for non-governmental organisation to place television advert owing to statutory prohibition of political advertising: no . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 26 July 2022; Ref: scu.246759

Dereci v Turkey: ECHR 24 May 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-3; Violation of Art. 6-1; Non-pecuniary damage – global award; Pecuniary damage – global award; Costs and expenses partial award – Convention proceedings.

Citations:

77845/01, [2005] ECHR 317

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 26 July 2022; Ref: scu.227390

B, Regina (on the Application of) v Ashworth Hospital Authority: HL 17 Mar 2005

The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his will for any mental disorder from which he is suffering or only for the particular form of mental disorder from which he is classified as suffering for the purpose of the order or application authorising his detention.
Held: The words of section 63 mean what they say. They authorise a patient to be treated for any mental disorder from which he is suffering, irrespective of whether this falls within the form of disorder from which he is classified as suffering in the application, order or direction justifying his detention. The condition for which his detention was originally detained did not preclude treatment for any supervening orders.

Judges:

Lord Bingham of Cornhill, Lord Steyn, Lord Phillips of Worth Matravers, Baroness Hale of Richmond, Lord Carswell

Citations:

Times 18-Mar-2005, [2005] 2 WLR 695, [2005] UKHL 20

Links:

Bailii, House of Lords

Statutes:

Mental Health Act 1983

Jurisdiction:

England and Wales

Citing:

Appeal from – B, Regina (on the Application of) v Ashworth Hospital Authority CA 15-Apr-2003
B having been made subject to a court hospital order classifying him as suffering from a mental illness, complained when he was later detained under section 63 as subject to a personality disorder.
Held: At all times, B was classified as . .
Cited – Pountney v Griffiths; Regina v Bracknell Justices, Ex parte Griffiths HL 1976
The applicant was a male nurse at Broadmoor Special Hospital. He was on duty while patients were saying goodbye to visitors. He approached the detained patient telling him to ‘come on’ and allegedly punched him on the shoulder. The patient brought . .
Cited – Regina (Wilkinson) v Broadmoor Special Hospital and Others CA 22-Oct-2001
A detained mental patient sought to challenge a decision by his RMO that he should receive anti-psychotic medication, despite his refusal to consent, and to challenge a certificate issued by the SOAD.
Held: Where a mental patient sought to . .
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Cited – B v Croydon Health Authority CA 30-Nov-1994
The feeding by tube of a mental patient who was unable and unwilling to consent can remain treatment, and within the decision of the doctors. In the context of whether the force-feeding an anorexic was authorised by section 63, the Court of Appeal . .
Cited – W v L CA 1974
For civil patients, it matters a great deal whether the classification of their condition is ‘severe subnormality’ or just ‘subnormality’ or whether it is ‘mental illness’ or ‘psychopathic disorder’. Lawton LJ discussed the construction of the . .
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 – 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 – Aerts v Belgium ECHR 30-Jul-1998
A person detained as a person of unsound mind should not be kept in a prison, but if the institution concerned is within the appropriate category, there is no breach of Article 5. While measures depriving a person of his liberty often involve an . .
Cited – Herczegfalvy v Austria ECHR 24-Sep-1992
The applicant was detained in an institution for mentally deranged offenders. While so detained he was subjected to the forcible administration of food and neuroleptics and to handcuffing to a security bed. He complained of violation of his Article . .
Cited – J and others v Switzerland ECHR 5-Apr-1995
Even relatively minor medical treatment, if compulsory, may engage article 8. . .

Cited by:

Appealed to – B, Regina (on the Application of) v Ashworth Hospital Authority CA 15-Apr-2003
B having been made subject to a court hospital order classifying him as suffering from a mental illness, complained when he was later detained under section 63 as subject to a personality disorder.
Held: At all times, B was classified as . .
Cited – Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 26 July 2022; Ref: scu.223639

Sahin and Others v Turkey: ECHR 3 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 3 as regards nine applicants; Violation of Art. 13 as regards nine applicants; No violation of Art. 3 and 13 as regards one applicant; Non-pecuniary damage – financial award; Costs and expenses partial award.

Citations:

53147/99, [2005] ECHR 61

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 3

Jurisdiction:

Human Rights

Human Rights

Updated: 26 July 2022; Ref: scu.227583