Kirkwood v The United Kingdom: ECHR 12 Mar 1984

(Admissibility – Commission) The claimant, a United States national, said that the proceedings for his extradition from the United Kingdom to the United States infringed article 6(3)(d), because he was not permitted to cross-examine the witnesses against him in the United Kingdom.
Held: Although ‘the tasks of the Magistrates’ Court included the assessment of whether or not there was, on the basis of the evidence, the outline of a case to answer against the applicant’ and ‘[t]his necessarily involved a certain, limited, examination of the issues which would be decisive in the applicant’s ultim[at]e trial’, nevertheless, ‘these proceedings did not in themselves form part of the determination of the applicant’s guilt or innocence, which will be the subject of separate proceedings in the United States which may be expected to conform to standards of fairness equivalent to the requirements of article 6, including the presumption of innocence, notwithstanding the committal proceedings’. In these circumstances ‘the committal proceedings did not form part of or constitute the determination of a criminal charge within the meaning of Article 6 of the Convention’
Article 1 of the Convention: The undertaking given by High Contracting Parties in respect of everyone within their jurisdiction extends, in the Article 3 sphere, to a duty not to expose anyone to an irremediable situation of objective danger, even outside their jurisdiction.
Articles 2 and 3 of the Convention: Because Article 2 authorises capital punishment, pursuant to the law and a court sentence, this may create a long period of incertitude for the convicted person during the appeal proceedings in an elaborate judicial system. However, it cannot be held that this long period of uncertainty (the’death row phenomenon’) falls outside the notion of inhuman treatment (Article 3).
The terms of Article 2 do not support the contention that if a State were to fail to require binding assurances from the Stale requesting extradition that the death penalty would not be inflicted, this would constitute treatment- contrary to Article 3.
Article 3 of the Convention; Factors to be considered in assessing whether the long period of uncertainty experienced by the person condemned to death, during the appeal procedures (the ‘death row phenomenon’) amounts to inhuman treatment: the importance of the appeal system designed to protect the right to life, delays caused by the backlog of cases before the appeal courts, the possibility of a commutation of sentence by very reason of the duration of detention on ‘death row’.
Article 6 of the Convention: This provision does not apply to a court’s examination of an extradition request from a foreign State, even if the Court carries out an assessment of whether there is an outline of a criminal case to answer against the applicant.

Citations:

10479/83, [1984] ECHR 19

Links:

Bailii

Statutes:

European Convention on Human Rights 6(3)(d)

Jurisdiction:

Human Rights

Cited by:

CitedLukaszewski v The District Court In Torun, Poland SC 23-May-2012
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Extradition

Updated: 20 December 2022; Ref: scu.451302

Gaunt, Regina (on The Application of) v The Office of Communications: CA 24 Jan 2011

The applicant sought leave to appeal against a finding that his radio talk show interview with a councillor regarding the policy of not permitting foster parents who smoked was so vehement as to be a breach of the respondent’s Code. The divisional court had also found that the interview had become gratuitously offensive. He challenged the finding saying that the court had not first asked the necessary question of whether an interefrence with the applicant’s article 10 rights was necessary.
Held: The issue raised was proper and leave was given.

Judges:

Maurice Kay LJ

Citations:

[2011] EWCA Civ 75

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromGaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .

Cited by:

Leave to AppealGaunt, Regina (on The Application of) v The Office of Communications CA 17-Jun-2011
The claimant appealed against rejection of his challenge to a determination of the respondent that a radio interview he conducted had been in breach of the Broadcasting Code. He said that the finding was an undue interference in his freedom of . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 20 December 2022; Ref: scu.439725

Abdi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 May 2009

The applicant had spent 30 months in administrative detention pending removal but was described as having ‘a long history of criminal offending. His convictions variously include two counts of indecent assault, robbery, burglary, assault on a police officer and a drugs offence. A number of his offences were committed whilst he was on bail or on licence. It seems that for at least part of the time he had become addicted to crack cocaine. In the circumstances he was, as it seems to me, properly assessed both as posing a high risk of offending and also as posing a high risk of absconding. Further, bail applications in the interim had been refused by immigration judges.’ He sought his release.
Held: Davis J ordered A’s release after having spent 30 months in detention. The Defendant in operating a policy which applied a presumption in favour of detaining foreign national prisoners had acted unlawfully. However, if the Defendant could show, on the balance of probabilities, that the Claimant would in any event have been detained applying Hardial Singh principles, the fact that an unlawful policy was being operated would not make the detention unlawful.
Davis J said: ‘I think that the time has come in this particular case to say that enough is enough here. The relevant legal proceedings are likely to go on for a long time, so far as concerns Mr Abdi, potentially even running into years. It is time now, in my view, that Mr Abdi be released from detention and I so order. Rejecting, as I do, [the] argument that the court should ignore any period of time, whether in the past or hereafter to be spent in detention, whilst Mr Abdi is pursuing his appeal and any other related litigation, I do not think that it can now be said that Mr Abdi will be or is likely to be removed within a reasonable time; and I think that by now a reasonable period of time for detaining him has elapsed.
I am entitled, in reaching that conclusion, to have at least some regard to the already very long period of time he has already spent in detention: that is, the 30 months. As I have said, I have also borne in mind, in deciding this matter, the fact of his ongoing appeals, the risk of absconding and the risk of re-offending. All the same, as to this last point it should at least be borne in mind that the gravity of his criminality is of a lesser order than that in the Court of Appeal case of A . [His Counsel] also told me that not only is Mr Abdi of course now older but also he has, in the light of his long detention, broken himself of his drug addiction.’

Judges:

Davis J

Citations:

[2009] EWHC 1324 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedRostami, Regina (on the Application of) v Secretary of State for the Home Department QBD 7-Aug-2009
The claimant had been detained for nearly three years while his application for asylum was determined. He sought judicial review, saying that the detention was unlawful. Whilst in detention he had self harmed and said: ‘I will stay in detention for . .
CitedMC (Algeria), Regina (on The Application of) v Secretary of State for The Home Department CA 31-Mar-2010
The claimant challenged his detention under the 1971 Act, now appealing against refusal of judicial review. His asylum claims had been rejected, and he had been convicted of various offences, including failures to answer bail. He had failed to . .
CitedMH, Regina (on The Application of) v Secretary of State for The Home Department CA 14-Oct-2010
The claimant complained that his administrative detention for over 40 months had been unlawful. He now appealed against a finding that it had been lawful save for the final two months.
Held: The appeal failed. The period of time for which he . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 20 December 2022; Ref: scu.347069

QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

Judges:

Sedley, Longmore, Maurice Kay LJJ

Citations:

[2009] EWCA Civ 620, [2009] INLR 514, [2010] Imm AR 132, C5/2008/1706, C5/2009/0251

Links:

Bailii

Statutes:

European Convention on Human Rights 2 3, Directive 2004/83/EC

Jurisdiction:

England and Wales

Citing:

ExaminedElgafaji 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 by:

CitedFA (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 . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights, European

Updated: 20 December 2022; Ref: scu.347161

Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007

The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only late, but there was no conflict over police evidence. In Green the victim was an officer from the same borough as the juror whose status as a police officer was only discovered after trial. In Williamson, the juror had served with the Crown Prosecution service for many years.
Held: Actual bias is always hard to prove, and was not alleged here, but the appearance of bias was also generally unacceptable. Parliament having decided that peope involved in the criminal processes should be jurors, the courts should accept that so far as was consistent with the duty to ensure a fair trial. The cases involving the police officer victim, and the CPS solicitor were remitted for the convictions to be quashed.
Lord Bingham allowed two of the appeals saying: ‘the safeguards established to protect the impartiality of the jury, when properly operated, do all that can reasonably be done to neutralise the ordinary prejudices and predilections to which we are all prone. But this does not meet the central thrust of the case . . that these cases do not involve the ordinary prejudices and predilections to which we are all prone but the possibility of bias (possibly unconscious) which, as he submits, inevitably flows from the presence on a jury of persons professionally committed to one side only of an adversarial trial process.’ Baroness Hale agreed.
Lord Rodger dismissed the appeals: ‘The reality therefore is that the jury system operates, not because those who serve are free from prejudice, but despite the fact that many of them will harbour prejudices of various kinds when they enter the jury box.’ Lord Carswell agreed.
Lord Mance said, agreeing with Lord Bingham and Baroness Hale: ‘the fair-minded and informed observer is him or herself in large measure the construct of the court. Individual members of the public, all of whom might claim this description, have widely differing characteristics, experience, attitudes and beliefs which could shape their answers on issues such as those before the court, without their being easily cast as unreasonable. The differences of view in the present case illustrate the difficulties of attributing to the fair-minded and informed observer the appropriate balance between on the one hand complacency and naivety and on the other cynicism and suspicion. ‘

Judges:

Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Mance

Citations:

[2007] UKHL 37, Times 08-Nov-2007, [2007] 1 WLR 2679, [2008] 1 Cr App R 21, [2008] Crim LR 134, [2008] 1 All ER 315, (2007) 151 SJLB 1365

Links:

Bailii

Statutes:

Criminal Justice Act 2003

Jurisdiction:

England and Wales

Citing:

CitedRegina v Abdroikov and Others CACD 28-Jul-2005
The defendants appealed against their convictions, saying that the presence of police officers on the jury suggested bias.
Held: The court rejected the suggestion that police officers should, because of their occupation, be automatically . .
CitedRegina v Barnsley Licensing Justices, Ex parte Barnsley and District Licensed Victuallers’ Association 1960
Even though a person may in good faith believe that he was acting impartially, his mind may unconsciously be affected by a bias. Devlin LJ said: ‘Bias is or may be an unconscious thing and a man may honestly say that he was not actually biased and . .
CitedMetropolitan Properties Company (FGC) Limited v Lannon 11-Jul-1968
Tenants of apartments asked the Rent Officer to fix the fair rents. On appeal, the rents were then set at a rate lower even than they had requested. The rents would serve as a guide for other local rents. The landlords now complained that the . .
CitedLawal v Northern Spirit Limited HL 19-Jun-2003
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the . .
CitedDelcourt v Belgium ECHR 17-Jan-1970
The applicant had failed in appeals against conviction and sentence for offences of fraud and forgery before the Belgian Cour de Cassation. He complained that he had not enjoyed the right to a fair trial recognised by Article 6(1) of the Convention . .
CitedRegina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
CitedIn Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association CA 21-Dec-2000
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself.
Held: When asking whether material . .
CitedHauschildt v Denmark ECHR 24-May-1989
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; . .
CitedPullar v The United Kingdom ECHR 10-Jun-1996
The applicant P was an elected councillor. He faced a charge of corruption, being said to have have offered, for reward, to support a planning application made by M, a partner in a firm of architects, and C, a partner in a firm of quantity . .
CitedMeerabux v The Attorney General of Belize PC 23-Mar-2005
(Belize) The applicant complained at his removal as a justice of the Supreme Court, stating it was unconstitutional. The complaint had been decided by a member of the Bar Council which had also recommended his removal, and he said it had been . .
CitedRex v Sussex Justices, Ex parte McCarthy KBD 9-Nov-1923
Clerk wrongly retired with Justices
There had been a prosecution before the lay magistrates for dangerous driving. Unknown to the defendant and his solicitors, the Clerk to the Justices was a member of the firm of solicitors acting in a civil claim against the defendant arising out of . .
CitedPorter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
CitedPintori, Regina v CACD 13-Jul-2007
The defendant appealed his conviction for possession of class A drugs, saying that the drugs found had belonged to somebody who had stayed at his flat whilst he had been away. One of the jurors later told a police officer that she had known through . .
CitedRegina v Hayter HL 3-Feb-2005
The House considered the principle that the confession of a defendant is inadmissible in a joint criminal case against a co-defendant. In a trial for murder, one party was accused of requesting a middleman to arrange for the murder by a third party. . .
Appeal fromRegina v Abdroikov and Others CACD 28-Jul-2005
The defendants appealed against their convictions, saying that the presence of police officers on the jury suggested bias.
Held: The court rejected the suggestion that police officers should, because of their occupation, be automatically . .

Cited by:

CitedRegina v Khan and Hanif CACD 14-Mar-2008
Each defendant appealed against his conviction saying that the presence on the jury of certain people involved in the law gave the appearance of bias.
Held: The court should be made aware if any potential juror either is or has been a police . .
CitedRule 3, Application- Only v North Glamorgan NHS Trust EAT 12-Mar-2008
EAT Practice and Procedure – Appellate jurisdiction/reasons/Burns-Barke
Bias
There is no practical utility in hearing interim appeals against pre-hearing orders and bias when the EAT has already . .
CitedYemoh and Others v Regina CACD 22-May-2009
The defendants appealed saying that the judge had failed to disclose that a jury member was a serving police officer, and also complained of the judge’s directions on the ‘fundamentally different’ test applicable to cases of murder and manslaughter. . .
CitedTibbetts v The Attorney General of The Cayman Islands PC 24-Mar-2010
(Cayman Islands) The defendant appealed against his conviction for money laundering, alleging apparent bias in a juror who was said to have been acquainted with one witness.
Held: The appeal failed. The juror had correctly replied to the . .
CitedRegina v Burdett and Another CACD 12-Feb-2009
The defendants appealed against their convictions and sentence of three years for money laundering. Dehumidifiers and similar had been sold at grossly inflated prices to the elderly. It was ‘a most despicable fraud committed on the vulnerable people . .
CitedKaur, Regina (on The Application of) v Institute of Legal Executives Appeal Tribunal and Another CA 19-Oct-2011
The claimant appealed against rejection of judicial review of a finding that she had effectively cheated at a professional examination for the Institute. She compained that the presence of a director and the council’s vice-president of the Institute . .
ExplainedRegina v LL CACD 2011
It came to light that at the trial of the appellant that one juror was a current employee of the Crown Prosecution Service (CPS) in general administrative duties, another was a serving police officer in an administrative and non-operational role, . .
CitedO’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Human Rights

Updated: 20 December 2022; Ref: scu.259908

Lawal v Northern Spirit Limited: HL 19 Jun 2003

Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. It must then ask whether those circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, the two being the same, that the tribunal was biased. The rules recognised the need to separate counsel’s practice from the area in which he sat. The threshold is only a real possibility of unconscious bias. One starts by identifying the circumstances which are said to give rise to bias. Would a fair minded and informed observer, having considered the given facts, conclude that there was a real possibility that the tribunal was biased. Mr Lawal has succeeded on the issue of principle raised by the Recorder objection.
Lord Steyn said: ‘Public perception of the possibility of unconscious bias is the key. It is unnecessary to delve into the characteristics to be attributed to the fair-minded and informed observer. What can confidently be said is that one is entitled to conclude that such an observer will adopt a balanced approach. This idea was succinctly expressed in Johnson v Johnson (2000) 201 CLR 488, 509, para 53, by Kirby J when he stated that ‘a reasonable member of the public is neither complacent nor unduly sensitive or suspicious.’

Judges:

L Bingham of Cornhill, L. Millett, L. Nicholls of Birkenhead, L. Rodger of Earlsferry, L. Steyn

Citations:

Gazette 17-Jul-2003, [2003] UKHL 35, [2003] ICR 856, [2004] 1 All ER 187

Links:

House of Lords, Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromAA Lawal v Northern Spirit Limited CA 9-Aug-2002
The appellant had had his case considered by the Employment Appeal Tribunal. He complained that his opponent had been represented in court by an advocate who himself sat part time in the EAT, and that this would lead to undue weight and respect . .
ApprovedPorter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
CitedRegina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
CitedBelilos v Switzerland ECHR 29-Apr-1988
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (validity of declaration); Violation of Art. 6-1; Costs and expenses award – domestic proceedings; Costs and expenses award – . .
CitedTaylor v Lawrence CA 4-Feb-2002
A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm . .
CitedWettstein v Switzerland ECHR 21-Dec-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Costs and expenses partial award – Convention proceedings; Costs and expenses partial award – national . .
CitedJohnson v Johnson 7-Sep-2000
(High Court of Australia) When looking to test whether a member of the public would perceive bias in a court, it is unnecessary to delve into the characteristics to be attributed to the fair-minded and informed observer. One is entitled to conclude . .
See AlsoLawal v Northern Spirit Ltd CA 19-Feb-2004
. .
See AlsoLawal v Northern Spirit Ltd EAT 15-Feb-1999
The appellant wished to pursue an appeal against the striking out of his claim, and objected that contrary to the Rules, a member of the board who had heard the pre-hearing review had also sat on the full hearing.
Held: The appeal should be . .
See AlsoLawal v Northern Spirit Ltd EAT 6-Oct-1999
The applicant objected that one of the lay members of the Appeal Tribunal had, on other occasions, sat with a recorder who, as counsel, was appearing for a party in that appeal.
Held: There was no real possibility of bias from this scenario. . .
See AlsoLawal v Northern Spirit Ltd EAT 15-Jan-2001
. .
See AlsoLawal v Northern Spirit Ltd EAT 15-Jan-2002
EAT Procedural Issues – Employment Appeal Tribunal. . .
See AlsoLawal v Northern Spirit Ltd CA 15-Jan-2002
Application for leave to appeal . .
See AlsoLawal v Northern Spirit Ltd EAT 15-Jan-2002
. .
CitedLawal v Northern Spirit Ltd CA 30-Oct-2002
. .

Cited by:

Appealed toAA Lawal v Northern Spirit Limited CA 9-Aug-2002
The appellant had had his case considered by the Employment Appeal Tribunal. He complained that his opponent had been represented in court by an advocate who himself sat part time in the EAT, and that this would lead to undue weight and respect . .
CitedPD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal Admn 22-Oct-2003
The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention.
Held: Such proceedings did engage the . .
CitedRegina on the Application of Mahfouz v The Professional Conduct Committee of the General Medical Council CA 5-Mar-2004
The doctor requested members of the disciplinary tribunal to recuse themselves when, after the first day of the hearing they saw prejudicial material in newspapers which material was not in evidence. They had further declined to allow an adjournment . .
See AlsoLawal v Northern Spirit Ltd CA 19-Feb-2004
. .
CitedFeld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster CA 18-Oct-2004
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant . .
CitedAl-Hasan, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in . .
CitedMeerabux v The Attorney General of Belize PC 23-Mar-2005
(Belize) The applicant complained at his removal as a justice of the Supreme Court, stating it was unconstitutional. The complaint had been decided by a member of the Bar Council which had also recommended his removal, and he said it had been . .
CitedScrivens v Ethical Standards Officer Admn 11-Apr-2005
The councillor appealed an adjudication that he had failed adequately to declare an interest at a meeting of the council. The officer thought the duty to withdraw was entirely objective, the applicant that it was a matter for his honest judgment. At . .
CitedGillies v Secretary of State for Work and Pensions HL 26-Jan-2006
The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had . .
CitedMorrison and Another v AWG Group Ltd and Another CA 20-Jan-2006
The defendants requested the judge to recuse himself because one witness was well known to the judge. He declined, saying that arrangements had been made for him not to be called. The defendant appealed.
Held: There was no allegation of actual . .
CitedPort Regis School Ltd, Regina (on the Application of) v Gillingham and Shaftesbury Agricultural Society Admn 5-Apr-2006
Complaint was made that the decision of a planning committee had been biased because of the presence on the committee of two freemasons, and where the interests of another Lodge were affected.
Held: The freemasonry interests had been declared. . .
CitedRegina v Abdroikof, Regina v Green; Regina v Williamson HL 17-Oct-2007
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only . .
CitedA, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
CitedMousa, Regina (on The Application of) v Secretary of State for Defence and Another CA 22-Nov-2011
The claimant sought a public inquiry into allegations of systematic ill treatment by UK soldiers in Iraq. He now appealed against refusal of an inquiry, the court having found it permissible for the Secretary of Styate to await the outcome of . .
CitedJL, Regina (On the Application of) v Secretary Of State for Justice Admn 7-Oct-2009
. .
CitedO’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
CitedAmeyaw v McGoldrick and Others QBD 6-Jul-2020
Recusal Refused – former Pupil Master
Request for recusal – the judge was said to have been a member of the same chambers as counsel for the claimant and had been his mentor.
Held: Refused: ‘It was untenable to contend that there was an appearance of bias in circumstances where . .
Lists of cited by and citing cases may be incomplete.

Employment, Human Rights, Legal Professions, Natural Justice

Updated: 20 December 2022; Ref: scu.183695

Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey.
Held: The concept of ‘persecution’ was central. It is necessary to investigate whether the treatment which the applicants reasonably fear would infringe a recognised human right. There is no extant legal rule or principle which creates a right of absolute conscientious objection, such that where it is not respected, a good case to refugee status under the Convention may arise. Treatment is not persecutory if it is treatment meted out to all and is not discriminatory.

Judges:

Lord Bingham of Cornhill

Citations:

[2003] UKHL 15, Times 21-Mar-2003, Gazette 09-May-2003, [2003] 1 WLR 856, [2003] 3 All ER 304, [2003] Imm AR 428, 14 BHRC 238, [2003] INLR 322

Links:

House of Lords, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

CitedRegina v Secretary of State for the Home Department, ex parte Adan, Same, ex parte Aitsegeur HL 20-Dec-2000
The Convention gave protection to an asylum seeker fearing persecution by non-state agents in his country of origin where that government was unable or unwilling to provide protection. France and Germany did not recognise this right, and therefore . .
CitedRegina v Immigration Appeal Tribunal Secretary of State for Home Department ex parte Shah and Others CA 23-Jul-1997
Even the justified fears of being stoned to death for adultery did not create a particular separate group from which protection from persecution could be claimed in support of an application for asylum. A ‘social group’ for refugee applicants, had . .
CitedRegina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar CA 11-Oct-1995
The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore . .
CitedHorvath v Secretary of State for the Home Department HL 7-Jul-2000
When considering the fear of prosecution in an applicant for asylum, the degree of persecution expected from individuals outside the government was to be assessed in the context also of the attitude of the government of the country to such . .
AdoptedSivakumar v Secretary of State for the Home Department CA 24-Jul-2001
The applicant for asylum was a Tamil. He was persecuted. He claimed it was political. The possibility of drawing that inference was greater when legal mis-treatment was not expected to be followed by legal proceedings. Excessive or arbitrary . .
Appeal fromYasin Sepet and Erdem Bulbul v Secretary of State for Home Department (UNCHR Intervening) CA 11-May-2001
The fear of being punished for refusing to be drafted into a country’s defence forces, where the claimant would be a conscientious objector, and the right to such objections would not be recognised, was not sufficient to justify an application for . .

Cited by:

Appealed toYasin Sepet and Erdem Bulbul v Secretary of State for Home Department (UNCHR Intervening) CA 11-May-2001
The fear of being punished for refusing to be drafted into a country’s defence forces, where the claimant would be a conscientious objector, and the right to such objections would not be recognised, was not sufficient to justify an application for . .
CitedRegina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
CitedKhan v Royal Air Force Summary Appeal Court Admn 7-Oct-2004
The defendant claimed that he had gone absent without leave from the RAF as a conscientous objector.
Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was . .
CitedHoxha and Another v Secretary of State for the Home Department HL 10-Mar-2005
The claimants sought to maintain their claims for asylum. They had fled persecution, but before their claims for asylum were determined conditions in their home country changed so that they could no longer be said to have a well founded fear of . .
CitedSecretary of State for the Home Department v K, Fornah v Secretary of State for the Home Department HL 18-Oct-2006
The claimants sought asylum, fearing persecution as members of a social group. The fear of persecution had been found to be well founded, but that persecution was seen not to arise from membership of a particular social group.
Held: The . .
CitedLondon Borough of Lewisham v Malcolm HL 25-Jun-2008
Unrelated Detriment was no Discrimination
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .
CitedHJ (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: 20 December 2022; Ref: scu.179983

Turner and Others, Regina (on The Application of) v Southampton City Council: CA 27 Nov 2009

Applications were made to challenge closure of care homes by local authorities, based on arguments that the human rights of the residents would be infringed by a requirement to move.

Judges:

Sedley, Toulson LJJ

Citations:

[2009] EWCA Civ 1290

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Human Rights

Updated: 20 December 2022; Ref: scu.381582

Rafferty and Another v Secretary of State for Communities and Local Government and Another: CA 29 Jul 2009

Appeal against refusal of permission for change of use. The permission sought was for a change of use to a residential gypsy caravan site for two Romany gypsies. The issue was whether an Article 8 right could be established in respect of a prospective home.

Citations:

[2009] EWCA Civ 809, [2009] 31 EG 72, [2010] JPL 485, [2009] PTSR 1708

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Planning, Human Rights

Updated: 20 December 2022; Ref: scu.368602

Sandhu, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 16 Sep 2003

The claimant challenged the refusal of a right to appeal against the decision refusing hs asylum appeal. He had failed to attend two hearings. The respondent gave his certificate under section 73 that in his opinion the only purpose of the appeal was to delay removal.
Held: The correct approach was to to treat it as providing that ‘the claimant had no other legitimate purpose at this stage’ The claimant had already disclosed and had heard each point, it was possible for the respondent’s certificate to be correct. However the respondent had not given reasons for his decision, and it could not be concluded that delay was the only possible reason for the application.

Judges:

Mr George Bartlett QC (Sitting as a Deputy High Court Judge)

Citations:

[2003] EWHC 2152 (Admin), Times 26-Sep-2003

Links:

Bailii

Statutes:

Immigration and Asylum Act 1999 73(8), European Convention on Human Right 8

Jurisdiction:

England and Wales

Citing:

CitedRegina (Vemenac) v Secretary of State for the Home Department Admn 17-Jul-2002
The applicant was a Serb from Croatia whose application for asylum was refused. On appeal to an adjudicator he also raised human rights issues but his appeal was dismissed. He later applied again for leave to remain on the basis of his relationship . .
CitedBalamurali, Regina (on the Application Of) v Secretary of State for the Home Department Admn 9-May-2003
. .
CitedAlia, Regina (on the Application of) v Secretary of State for the Home Department Admn 31-Jul-2003
. .
Appealed toBalamurali, Sandhu v Secretary of State for the Home Department CA 15-Dec-2003
The applicants challenged certificates from the respondent that their appeals were mere delaying tactice.
Held: The section aimed to grant specific rights of appeal, to ensure that all possible appeal issues were decided, and to prevent abuse. . .

Cited by:

Appeal fromBalamurali, Sandhu v Secretary of State for the Home Department CA 15-Dec-2003
The applicants challenged certificates from the respondent that their appeals were mere delaying tactice.
Held: The section aimed to grant specific rights of appeal, to ensure that all possible appeal issues were decided, and to prevent abuse. . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 20 December 2022; Ref: scu.186405

OA215782012: AIT 15 Oct 2014

The appellant is the Entry Clearance Officer in Lagos, the respondent is a citizen of Nigeria. The Entry Clearance Officer has been given permission to appeal the determination of First-Tier Tribunal who allowed her appeal on Article 8 human rights grounds against the Entry Clearance Officer’s decision to refuse to grant her entry clearance for settlement in the United Kingdom as the spouse of her husband and sponsor, a naturalised British citizen.

Judges:

Moulden UTJ

Citations:

[2014] UKAITUR OA215782012)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 20 December 2022; Ref: scu.542730

Oneryildiz v Turkey: ECHR 18 Jun 2002

(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal house-hold refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house, killing his close relatives. The applicant claimed that the local authorities were responsible for the accident at the tip and for the death of his relatives. He relied inter alia on article 2 of the Convention.
Held: The state had failed in its positive obligation under article 2 to set up a framework for the protection of persons at risk. The authorities had ample knowledge of the risk and were in breach of their duty to take such operational measures as were necessary and sufficient to protect the persons at risk.
‘the Court reiterates, firstly, that its approach to the interpretation of Art 2 is guided by the idea that the object and purpose of the Convention as an instrument for the protection of individual human beings requires its provisions to be interpreted and applied in such a way as to make its safeguards practical and effective’.

Citations:

48939/99, [2002] ECHR 491, [2002] ECHR 496

Links:

Worldlii, Worldlii, Bailii

Statutes:

European Convention on Human Rights 2

Jurisdiction:

Human Rights

Citing:

CitedOsman 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 by:

See AlsoOneryildiz v Turkey ECHR 30-Nov-2004
(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal household refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house killing his close relatives.
Held: The . .
CitedRe E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening) HL 12-Nov-2008
(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading . .
CitedGorovenky And Bugara v Ukraine ECHR 12-Jan-2012
The applicants’ relatives were shot by an off-duty police officer. They complained that the state had failed to exercise requisite control over the procedure for equipping police officers with a weapon. They alleged that there had been a breach of . .
CitedSarjantson v Humberside Police CA 18-Oct-2013
The claimant had been severely injured in an attack by a group of young men. He said that the defendant had failed in its duty to protect him and his family. He now appealed against the action being struck out.
Held: the judge’s interpretation . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 12 December 2022; Ref: scu.213126

Birse v HM Advocate: HCJ 28 Jun 2000

Where a magistrate had heard a proper description of the reasons for granting a search warrant, it was not an abuse of the suspect’s human rights to execute it, even though he had not had chance to make any representations about the search. The right to an effective remedy was not to be enshrined in UK law, and this came close to such a claim.

Citations:

Times 28-Jun-2000

Jurisdiction:

Scotland

Human Rights, Criminal Practice

Updated: 12 December 2022; Ref: scu.78422

Rahmatullah and Another v The Ministry of Defence and Another: QBD 10 Mar 2020

(Open judgment agreed after hearing using closed material) The claimants in this case are Pakistani nationals both of whom allege that they were captured by British forces in Iraq in February 2004. They contend that they were subsequently handed over to United States’ control and, thereafter, taken to Afghanistan where they were subjected to prolonged detention, torture and mistreatment.
The case against the defendants is based upon three broad categories of allegation:
i. mistreatment by UK personnel upon arrest and before the claimants were transferred to United States’ control;
ii. transfer to United States’ control; and
iii. failures thereafter to intervene to bring the claimants’ detention to an end and/or stop the United States’ authorities from further mistreating them (‘the return claim’)
The claims are strenuously denied.
This hearing considered the issue of disclosure.

Judges:

Turner J

Citations:

[2019] EWHC 3849 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Armed Forces, Human Rights, Litigation Practice, Evidence

Updated: 09 December 2022; Ref: scu.652256

Vaditrans v Belgische Staat: ECJ 20 Dec 2017

Transport Transport Social Policy Fundamental Rights – Charter of Fundamental Rights) Reference for a preliminary ruling – Road transport – Driver’s rest periods – Regulation (EC) No 561/2006 – Article 8(6) and (8) – Whether it is possible to take daily rest periods and reduced weekly rest periods away from base and in a vehicle – Exclusion of regular weekly rest periods

Citations:

C-102/16, [2017] EUECJ C-102/16

Links:

Bailii

Jurisdiction:

European

Human Rights, Transport

Updated: 09 December 2022; Ref: scu.602118

GD and BD (Children) (Rev 1): FD 20 Dec 2016

Children sought damages from police and local authorities. They were taken into care when police suspected sexual abuse by their mother. The police continued with the case after it had been made clear to them that the suspicion was groundless, and failed to disclose the facts to others involved or the parents, and indeed continued the allegation they knew to be false.
Held: ‘The breaches of the Claimants Article 6 and Article 8 rights on these facts are profound, obvious and wide-ranging.’

Citations:

[2016] EWHC 3312 (Fam)

Links:

Bailii, FLW

Jurisdiction:

England and Wales

Children, Human Rights

Updated: 09 December 2022; Ref: scu.573713

Bank Mellat v Her Majesty’s Treasury: CA 23 Oct 2015

Bank entitled to information needed for defence

Application to set aside the directions contained in two statutory instruments. The measures were ‘highly restrictive . . with very serious effects’. The court considered the procedures for the use of closed material and whether the claimant bank had been entitled to the gist of the allegations against it in closed material to ensure a fair trial.
Held: The directions were upheld. Further disclosures were to be made to provide the claimant with sufficient information about the allegations against it to enable it to give effective instructions to its special advocates in relation to those allegations

Judges:

Lord Dyson MR, Richards, Lewison LJJ

Citations:

[2015] EWCA Civ 1052, [2015] WLR(D) 427, [2016] 1 WLR 1187, [2016] CP Rep 7

Links:

Bailii, WLRD

Statutes:

Counter-Terrorism Act 2008

Jurisdiction:

England and Wales

Cited by:

CitedReprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.

Banking, Crime, Human Rights

Updated: 09 December 2022; Ref: scu.553680

ZZ v Secretary of State for The Home Department: CA 24 Jan 2014

The claimant had appealed against his exclusion, confirmed by the Special Immigration Appeal Commission. The case had been remitted to the European Court of Justice, which had now made its decision.
Held: The essence of the grounds for excluding a European Union national from the United Kingdom must be disclosed by virtue of article 47 of the Charter of Fundamental Rights of the European Union

Judges:

Lord Dyson MR, Richards, Christopher Clarke LJJ

Citations:

[2014] EWCA Civ 7, [2014] 3 All ER 587, [2014] WLR(D) 26, [2014] 2 WLR 791, [2014] 2 CMLR 49, [2014] QB 820, [2014] INLR 858

Links:

Bailii, WLRD

Statutes:

Immigration (European Economic Area) Regulations 2006 19(1), Charter of Fundamental Rights of the European Union 47

Jurisdiction:

England and Wales

Cited by:

CitedReprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.

Immigration, European, Human Rights

Updated: 09 December 2022; Ref: scu.520742

Ali, Regina (On the Application of) v the Director High Security: Admn 13 Jul 2009

Claimant prisoner challenged the decision of the Defendant to maintain the Claimant’s ERC within Category A conditions as High on the basis that it was a decision that was unlawful because it was reached by an unfair procedure and/or was unreasonable; and/or was disproportionate to his Article 8 rights and/or because no proper reasons were given.
Held: Fairness required in the first instance only a decision supported by reasons in sufficient detail to enable the prisoner concerned to decide whether a worthwhile challenge to the decision can be made.

Judges:

HH Judge Pelling QC

Citations:

[2009] EWHC 1732 (Admin), [2010] 2 All ER 82

Links:

Bailii

Jurisdiction:

England and Wales

Prisons, Human Rights

Updated: 09 December 2022; Ref: scu.374730

X v Secretary of State for the Home Department: CA 7 Dec 2000

The court considered the effect of an immigrant’s mental illness on the Home Secretary’s powers to refuse to grant him exceptional leave to enter or remain.

Citations:

[2000] EWCA Civ 3026

Links:

Bailii

Statutes:

Immigration Act 1971, Mental Health Act 1983, Human Rights Act 1998

Jurisdiction:

England and Wales

Immigration, Health, Human Rights

Updated: 09 December 2022; Ref: scu.330970

Secretary of State for the Home Department v Sim and The Parole Board: CA 19 Dec 2003

The prisoner was subject to an extended sentence, and had been recalled to prison. He now complained that the recall procedure had infringed his human rights.

Judges:

Ward, Keene LJJ, Munby J

Citations:

[2003] EWCA Civ 1845, [2004] 2 WLR 1170, [2004] HRLR 15

Links:

Bailii

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000& 85, European Convention on Human Rights 5

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina (Sim) v Secretary of State for the Home Department Admn 11-Feb-2003
The defendant had been convicted of a serious offence involving violece or sex, and been made subject to a extended sentence. He had been released on licence but recalled, and now challenged the system under which it had been decided that he should . .

Cited by:

CitedChater, Regina (on The Application of) v Secretary of State for Justice and Another Admn 2-Aug-2010
The claimant sought judicial review of his treatment after recall to prison from licence. He had a history of the sexual abuse of children. A police surveillance report had been rejected by the Parole Board, but they had nevertheless continued his . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights

Updated: 09 December 2022; Ref: scu.330946

Jahn And Others v Germany: ECHR 22 Jan 2004

Hudoc Violation of P1-1 ; Not necessary to examine Art. 14 + P1-1 ; Just satisfaction reserved 46720/99 ; 72203/01 ; 72552/01

Citations:

46720/99, 72203/01, [2004] ECHR 36

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See AlsoJahn And Others v Germany ECHR 30-Jun-2005
A deprivation of property without compensation can, in certain circumstances, be compatible with Article 1. . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 09 December 2022; Ref: scu.277186

Zielinski, Pradal, Gonzalez and Others v France: ECHR 8 Jun 2011

Citations:

34173/96, [1999] ECHR 108, 24846/94, 34165/96, [2011] ECHR 1257

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See AlsoZielinski v France ECHR 28-Oct-1999
Hudoc The applicants challenged a retrospective change in employment law under article 6(1).
Held: The court stated that while in principle the legislature is not precluded in civil matters from adopting . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 09 December 2022; Ref: scu.263007

Blum and others v Director of Public Prosecutions and others: Admn 20 Dec 2006

Judges:

Waller LJ and Lloyd Jones

Citations:

[2006] EWHC 3209 (Admin), [2007] ACD 40, [2007] UKHRR 233

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

FollowedZiliberberg v Moldova ECHR 1-Feb-2005
The court observed that: ‘the right to freedom of assembly is a fundamental right in a democratic society and, like the right to freedom of expression, is one of the foundations of such a society.’ it is possible to distinguish between interferences . .

Cited by:

CitedAustin and Another v Commissioner of Police of the Metropolis CA 15-Oct-2007
The claimants appealed dismissal of their claims for false imprisonment and unlawful detention by the respondent in his policing of a demonstration. They had been held within a police cordon in the streets for several hours to prevent the spread of . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 09 December 2022; Ref: scu.249157

Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Prosecution to protect defendant not available

The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited.
Held: The Director had a discretion as to whether to prosecute. He had no duty to consider the place of trial as a way of protecting the defendants’ human rights: ‘The request to investigate in effect invited the Director [of the Serious Fraud Office] to constitute himself the judge of the proper forum for the defendants’ trial and to decide the issue in favour of trial here and not the United States: and thereby to pre-empt the statutory extradition process. Such a function cannot conceivably be found in s. 1(3) of the [Criminal Justice Act 1987].’ The section created only a power to investigate. To take it further would be fanciful and would usurp the role of the judicary. As to the extraditions themselves the Home Secretary had no remaining discretion as to whether or not to authorise extradition. He had a duty to do so. The case had substantial connections with the US and was properly triable there.
In the absence of a wholly exceptional case, the court would not intervene to examine by way of judicial review a discretionary decision by the Director of the SFO to investigate or not to investigate fraud.

Judges:

Lord Justice Laws, Mr Justice Ouseley

Citations:

[2006] EWHC 200 (Admin), Times 24-Feb-2006, [2006] 3 All ER 239, [2007] QB 727, [2006] UKHRR 450, [2006] ACD 55, [2007] 2 WLR 635

Links:

Bailii

Statutes:

Extradition Act 2003 103 108, Criminal Justice Act 1987 1(3)

Jurisdiction:

England and Wales

Citing:

CitedHill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
CitedRegina v Sectretary of State for the Home Department ex parte Razgar etc HL 17-Jun-2004
The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was . .
CitedRegina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
CitedGovernment of Canada v Aronson; Director of Public Prosecutions v Aronson HL 20-Jul-1989
The Canadian Government asked for the arrest of the defendant and for his return to Canada to face 78 allegations in Canada. The magistrate had determined that there was sufficient evidence in 66 cases. The detainee said that 69 offences were not . .
CitedRegina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .

Cited by:

CitedAhmad and Aswat v United States of America Admn 30-Nov-2006
The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission.
Held: The appeals failed. The court had diplomatic . .
CitedMcKinnon v USA and Another Admn 3-Apr-2007
The defendant appealed an order for his extradition. He had used his computer in London to access remotely defence and other government computers in the USA, and deleted files and copied others onto his own computer. He had been offered a deal if he . .
CitedCorner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another Admn 10-Apr-2008
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the . .
CitedNorris v United States of America and others HL 12-Mar-2008
The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act.
Held: It was not, and it would . .
CitedCorner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
CitedMcKinnon, Regina (On the Application of) v Secretary Of State for Home Affairs Admn 31-Jul-2009
Assurances for Extradition
Extradition of the defendant was sought to the US to face allegations of hacking into defence computers there. He said this would infringe his article 3 rights, saying that he suffered Autism Spectrum Disorder.
Held: The application failed. US . .
CitedNorris v Government of United States of America SC 24-Feb-2010
The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result . .
CitedBH and Another v The Lord Advocate and Another SC 20-Jun-2012
The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a married couple that said that the extraditions would interfere with their children’s rights to family life.
Held: The appeals against . .
CitedShaw, Regina (on The Application of) v Cheshire Constabulary Admn 23-Jul-2015
The claimant sought judicial review of a decision not to prosecute, now renewing his application for leave.
Held: Leave was refused: ‘The police have investigated and have come to a conclusion. The courts have set their face against reviewing . .
CitedJJ Management Consulting Llp and Others v Revenue and Customs CA 22-Jun-2020
HMRC has power to conduct informal investigation
The taxpayer, resident here, but with substantial oversea business interests, challenged the conduct of an informal investigation of his businesses under the 2005 Act, saying that HMRC, as a creature of statute, are only permitted to do that which . .
Lists of cited by and citing cases may be incomplete.

Extradition, Criminal Practice, Human Rights

Updated: 09 December 2022; Ref: scu.239881

Regina v Cotter and Others: CACD 10 May 2002

The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial.
Held: The appeal failed. Where the prosecution case is that a false allegation has been made, all that is required is that the person making the false allegation intended that it should be taken seriously by the police. It is not necessary to prove that she/he intended that anyone should actually be arrested.
The crime of conspiracy to pervert the course of justice was defined clearly in the Northern Ireland case of Bailey. That case set the bounds of justice to include as a part of the definition of a course of justice, a process of investigation. The definition was sufficiently clear not to infringe his human rights.

Judges:

Lord Justice Latham, Mr Justice Goldring and Judge Mettyear

Citations:

Times 29-May-2002, Gazette 20-Jun-2002, [2002] EWCA Crim 1033, [2002] 2 Cr App R 29, [2003] 2 WLR 115

Links:

Bailii

Statutes:

European Convention on Human Rights 7

Jurisdiction:

England and Wales

Citing:

CitedRegina v Bailey CANI 1956
Lord MacDermott LCJ said that the administration of public justice: ‘comprehends functions that nowadays belong, in practice almost exclusively, to the police, such as the investigation of offences and the arrest of suspected persons.’ . .
CitedRex v Hollingberry 1825
The court considered an allegation that the defendant had conspired to make a false charge against another.
Held: If the object of the conspiracy is extortion then the truth or falsity of the charge is immaterial. It was permissible for a . .
CitedRegina v Grimes CACD 1968
Judge Kilner Brown confirmed the existence of the crime of attempting to pervert the course of justice: ‘Certain actions such as cheating or behaving obscenely may not be offences in a private connotation, but once the public is involved, either by . .
CitedRex v Rose 1937
Attempting to pervert the course of justice by misleading the police as to the commission of a criminal offence with the result of an arrest of an innocent party. . .
CitedRex v Rispal 19-Jun-1762
The defendants were accused of having falsely accused another man, Mr Chilton, of having removed hair from bales of human hair being sold. Mr Chilton was arrested.
Held: The justices of peace had jurisdiction in the present case; a conspiracy . .
CitedRegina v Rowell CACD 1977
Giving a false story to the police in relation to a criminal offence resulting in the arrest of another can constitute the offence of attempting to pervert the course of justice. . .
CitedRegina v Kellett CACD 1976
The defendant saw disparaging statements made about him by neighbours in the course of divorce proceedings. He wrote to them and asked them to withdraw the statements they had made and threatened proceedings for slander. He was charged with . .
CitedDirector of Public Prosecution v Withers HL 20-Nov-1974
The House was asked to consider whether there existed the crime of a conspiracy to commit a public mischief.
Held: There was no such crime, since it was so undefined as to be unfair to any defendant. Although at common law no clear distinction . .
CitedMacDaniel’s Case 1775
It is the indictable offence of attempting to pervert the course of justice knowingly to charge a man falsely with any crime. . .
CitedRegina v Panayiotou and Another CACD 1973
Interfering with potential witnesses, so as to prevent or dissuade them from testifying are acts which amount to perverting the course of Justice. . .
CitedRegina v Manley 1933
The appellant had falsely alleged that she had been robbed by a man whose description she gave to the police. It was the description of an imaginary man. She had been convicted of unlawfully effecting a public mischief.
Held: Lord Hewart CJ . .
CitedThe King v Higgins 11-Nov-1801
Lawrence J said: ‘All offences of a public nature, that is, all such acts were attempts to lead to the prejudice of the community, are indictable.’ . .

Cited by:

CitedRegina v Clark CACD 4-Apr-2003
The defendant had been involved in a car crash. He drove his car home, and reported the accident only the following day. He appealed against a conviction for attempting to pervert the course of justice, having defeated any possibility of his being . .
CitedRegina v Metcalf, Denton, Foster 26-May-2021
Public Inquiry is not In the Course of Justice
(Crown Court at Manchester) A retired solicitor and two retired police officers faced trial charged with doing acts tending and intended to pervert the course of public justice. They were said to have proposed alterations to statements of police . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 09 December 2022; Ref: scu.171303

Zielinski v France: ECHR 28 Oct 1999

Hudoc The applicants challenged a retrospective change in employment law under article 6(1).
Held: The court stated that while in principle the legislature is not precluded in civil matters from adopting new retrospective provisions to regulate rights arising under existing laws, the principle of the rule of law and the notion of fair trial enshrined in article 6 preclude any interference by the legislature – other than on compelling grounds of the general interest – with the administration of justice designed to influence the judicial determination of a dispute.

Judges:

L Wildhaber, President

Citations:

24846/94, 34165/96, [1999] ECHR 108, (2001) 31 EHRR 19, (1999) 31 EHRR 532

Links:

Bailii, Wordlii

Statutes:

European Convention on Human Rights 6(1)

Jurisdiction:

Human Rights

Cited by:

CitedGreenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
See AlsoZielinski, Pradal, Gonzalez and Others v France ECHR 8-Jun-2011
. .
CitedAXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Employment

Updated: 09 December 2022; Ref: scu.165774

Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. The Court felt not. The application was not initiated by the complainant, could only be made after a conviction, and was part of the sentencing procedure,. The defendant was accused of no additional criminal activity, the statement lodged in support of an application for confiscation order was an accounting statement and not an accusation, the sum ordered did not be the profit from drug trafficking or any other offence, and the time order to be served in the case of default related to the failure, not to any underlying offence, any risk that matters referred to in the statement might be subject to a later charge, left a possibility of double jeopardy, and the proceedings and did not conclude in the verdict. The statutory scheme laid down by a democratically elected parliament should not be readily rejected. The sources of the assets was known to the defendant and a defendant explain them would not be faced with a court order.
Criminal confiscation proceedings do not amount to the bringing of a fresh criminal charge and thus Art. 6(2) of the European Convention on Human Rights is not directly engaged. However, a court is required to act with ‘scrupulous fairness’ in making its assessment for the purposes of a confiscation order. Further, the proceedings are designed to be fully adversarial, affording the accused every opportunity to challenge evidence against him and to call witnesses.

Judges:

Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Clyde, Lord Hutton

Citations:

Gazette 15-Feb-2001, Times 08-Feb-2001, [2001] 3 WLR 107, DRA No 12 of 2000, [2003] 1 AC 1078, [2001] UKPCD 1, [2001] 2 All ER 638, 2001 SC (PC) 89, [2001] 2 Cr App R 27, 2001 GWD 6-206, [2001] HRLR 20, 2001 SLT 304, 2001 SCCR 191, [2001] UKHRR 463

Links:

PC, PC, Bailii

Statutes:

Human Rights Act 1998, Proceeds of Crime (Scotland) Act 1995 3(2)

Jurisdiction:

Scotland

Citing:

Appeal fromMcintosh v HM Advocate HCJ 31-Oct-2000
An application for a confiscation order following a drugs trial, was subject to the requirement of a presumption of innocence. The assumptions required of a court under the Act as to the source of assets acquired by the convicted person violated . .

Cited by:

CitedRegina v Rezvi HL 24-Jan-2002
Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. . .
Appealed toMcintosh v HM Advocate HCJ 31-Oct-2000
An application for a confiscation order following a drugs trial, was subject to the requirement of a presumption of innocence. The assumptions required of a court under the Act as to the source of assets acquired by the convicted person violated . .
CitedLloyd v Bow Street Magistrates Court Admn 8-Oct-2003
The defendant had been convicted and made subect to a confiscation order in 1996. A final order for enforcement was made in late 2002. The defendant said the delay in the enforcement proceedings was a breach of his right to a trial within a . .
CitedPeacock, Re SC 22-Feb-2012
The defendant had been convicted of drugs offences, and sentenced under the 1994 Act. The gains he had made exceeded his then assets. Later he acquired further property honestly, and the Court now considered whether those assets could be taken to . .
Lists of cited by and citing cases may be incomplete.

Evidence, Human Rights, Criminal Practice

Updated: 09 December 2022; Ref: scu.163307

AO v The Home Office: QBD 30 Apr 2021

The Claimant was an Afghan national seeking declarations that he was falsely imprisoned and unlawfully detained by the Secretary of State for the Home Department and that he was released to street homelessness in breach of Article 3 ECHR. He seeks damages for false imprisonment and for breach of his Convention rights.

Judges:

Mr Justice Morris

Citations:

[2021] EWHC 1043 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Human Rights

Updated: 07 December 2022; Ref: scu.662420

AZ (Syria) v Secretary of State for The Home Department: CA 27 Jan 2017

AZ, a refugee, had been refused general travel document for reasons of national security. The Court as now asked whether he was entitled to be told of the concerns in advance of defendant’s decision.
Burnett LJ referred to a ‘sliding scale for the purposes of disclosure.’

Judges:

Jackson, Underhill, Burnett LJJ

Citations:

[2017] EWCA Civ 35, [2017] 4 WLR 94, [2017] WLR(D) 48

Links:

Bailii, WLRD

Statutes:

Charter of Fundamental Rights of the European Union 41 47

Jurisdiction:

England and Wales

Cited by:

CitedReprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights, European

Updated: 07 December 2022; Ref: scu.573603

Iraqi Civilians v Ministry of Defence: QBD 18 May 2015

Claims by Iraqi citizens to have been detained by the British forces in Iraq and handed over to the US Army – ‘ preliminary issue to determine whether the claims in tort made in these handover cases have a valid legal basis under Iraqi law.’

Judges:

Leggatt J

Citations:

[2015] EWHC 1254 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Armed Forces, Human Rights

Updated: 07 December 2022; Ref: scu.546887

Kiani v The Secretary of State for The Home Department: CA 21 Jul 2015

Lord Dyson MR (with whom Richards LJ and Lewison LJ agreed) held that the requirements of article 6 ‘depend on context and all the circumstances of the case’. The court will strike an appropriate balance between the requirements of national security and the right of an individual to effective judicial protection. The balancing of these competing interests must take account of all the facts of the particular case.

Judges:

Lord Dyson MR, Richards, Lewison LJJ

Citations:

[2015] EWCA Civ 776, [2015] WLR(D) 325, [2016] QB 595

Links:

Bailii, WLRD

Statutes:

European onvention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

Appeal fromKiani v Secretary of State for The Home Department EAT 21-Nov-2014
EAT National Security – An immigration officer, C employed by the Home Office was suspended, his security clearance withdrawn, and then dismissed, all without any reason being given to him. He claimed it was . .

Cited by:

CitedReprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Human Rights

Updated: 07 December 2022; Ref: scu.550369

Dublin City Council v Gallagher: 11 Nov 2008

(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The district judge had found that save for a period when he resided with his partner, he had resided with his mother and regarded the dwelling as his permanent residence.
Held: The absence of the procedures led to the conclusion that Section 62 violated the son’s Article 8 rights because of the lack of procedural safeguards. There was a breach of Article 6 in the process carried out internally by the council. Unlike McCann, there was a determination of the son’s rights by the council insofar as it made the decision that he was not entitled to succeed to the tenancy. There was no appeal for this decision within the decision making structures of the council and the issue could not be opened up again in the Section 62 proceedings. The restricted application of Article 6, as evidenced in McCann, was to be contrasted with the wide-reaching implicit guarantee of fair procedures in decision making by public bodies under the Irish constitution.

Judges:

O’Neill J

Citations:

[2008] IEHC 354

Links:

Bailii

Statutes:

European Convention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

CitedMcCann v The United Kingdom ECHR 13-May-2008
The applicant and his wife were secure joint tenants of a house of a local authority under section 82. Their marriage broke down, and the applicant’s wife moved out of the house with the two children of the marriage. She returned after obtaining a . .

Cited by:

CitedCoombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another Admn 8-Mar-2010
The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of . .
Lists of cited by and citing cases may be incomplete.

European, Housing, human Rights

Updated: 07 December 2022; Ref: scu.414889

Donegan v Dublin City Council and Others: 8 May 2008

(High Court of Ireland) The council had sought possession of its tenant. The agreement contained a clause allowing the council to terminate on four-weeks’ notice. It said the tenant’s son misused drugs. Section 62 of the Housing Act 1966 established a summary procedure allowing a public authority landlord a warrant for possession without any defence or factual dispute being considered.
Held: Laffoy J said that the tenant’s case fell squarely within the core principles established by the judgments of the ECHR and was an exceptional case.
Judicial review was inadequate as a remedy because it did not address any dispute as to the facts: ‘Accordingly, in the light of the decisions of the ECHR in Connors and Blecic the procedure provided for in s. 62, under which a warrant for possession is issued by the District Court against the tenant of a housing authority on the grounds of breach of the tenant’s tenancy agreement, without affording the tenant an opportunity where there is a dispute as to the underlying facts on which the allegation is based to have the decision to terminate reviewed on the merits, by the District Court or some other independent tribunal, cannot be regarded as proportionate to the need of the housing authority to manage and regulate its housing stock in accordance with its statutory duties and the principles of good estate management.’
A declaration of incompatibility was made under Section 5 of the Human Rights Act 2003.

Judges:

Laffoy J

Citations:

[2008] IEHC 288, 2005 3513 P

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedMcCann v The United Kingdom ECHR 13-May-2008
The applicant and his wife were secure joint tenants of a house of a local authority under section 82. Their marriage broke down, and the applicant’s wife moved out of the house with the two children of the marriage. She returned after obtaining a . .

Cited by:

CitedCoombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another Admn 8-Mar-2010
The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of . .
Lists of cited by and citing cases may be incomplete.

European, Housing, Human Rights

Updated: 07 December 2022; Ref: scu.414888

Northern Ireland Human Rights Commission, Re an Application for Judicial Review: CANI 6 Apr 2001

Appeal from a judgment that the Northern Ireland Human Rights Commission (‘the Commission’) had not been invested with a statutory power to intervene or act as amicus curiae in legal proceedings.

Citations:

[2001] NICA 17

Links:

Bailii

Jurisdiction:

Northern Ireland

Northern Ireland, Human Rights

Updated: 07 December 2022; Ref: scu.201968

Ghelardini and Brunori v Italy: ECHR 9 Oct 2003

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses award – domestic proceedings ; Costs and expenses award – Convention proceedings

Citations:

53233/99, [2003] ECHR 489

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 07 December 2022; Ref: scu.186657