Category: Human Rights

Mousa, 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 related inquiries before deciding. The applicant was particularly unhappy at the involvement of the Army Provost branch in the separate inquiry, which he said would go against its independence.
Held: The appeal succeeded. It had not been shown that the IHAT enquiry would have sufficient independence.

Judges:

Maurice Kay VP, Sullivan, Pitchford LJJ

Citations:

[2011] EWCA Civ 1334

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Mousa, Regina (on The Application of) v Secretary of State for Defence and Another Admn 21-Dec-2010
Application for judicial review of the Secretary of State’s refusal to order an immediate public inquiry into allegations that persons detained in Iraq at various times between 2003 and 2008 were ill-treated in breach of article 3 of the European . .
Cited – 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 . .
Cited – Stephen Jordan (No 2) v The United Kingdom ECHR 10-Dec-2002
The applicant was a soldier who had been court marshalled for misuse of travel warrants. He wished to use in his defence his recent epilepsy. There was some delay while medical reports were obtained, and subsequently when the new legal system was . .
Cited – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
Mentioned – JL, Regina (On the Application of) v Secretary Of State for Justice Admn 7-Oct-2009
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Armed Forces, Administrative

Updated: 26 September 2022; Ref: scu.448408

Hashman and Harrup v The United Kingdom: ECHR 14 Sep 2011

Grand Chamber – Execution of the judgment

Citations:

[2011] ECHR 1658

Links:

Bailii

Jurisdiction:

Human Rights

Citing:

See Also – Hashman and Harrup v The United Kingdom ECHR 25-Nov-1999
The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 26 September 2022; Ref: scu.448320

Cheshire West and Chester Council v P: CA 9 Nov 2011

The claimant, a disabled adult with cerebral palsy and Downs, asserted that the care plan set out in an order of the Court of Protection involved a contravention of his human rights since it involved a deprivation of his liberty. He was incontinent but without control, would tear off parts of his incontinence pad and eat it. His carers had taken to dressing him in an adult babygrow to prevent this.
Held:The Council’s appeal succeeded. When assessing whether there had been a deprivation of liberty, it was correct to allow both for the objective reason why someone was so placed and also the purpose of the placement. As regards an adult with disability, their situation was to be determined by comparison with a similar age and capability, and with similar inherent mental and physical disabilities. The comparator was not the average man or woman on the Clapham omnibus.

Judges:

Pill, Lloyd, Munby LJJ

Citations:

[2011] EWCA Civ 1257, [2012] PTSR 1447, [2011] WLR (D) 325

Links:

Bailii, WLRD

Statutes:

European Convention on Human Rights 5

Jurisdiction:

England and Wales

Citing:

Appeal From – Cheshire West and Chester Council v P and Another COP 14-Jun-2011
The patient, an adult without capacity and with Down’s syndrome and cerebral palsy complained of his treatment, when in order to prevent his habit of eating his nappy, they dressed him in an adult babygrow costume. The court was asked whether the . .

Cited by:

See Also – Cheshire West and Chester Council v P CA 18-Nov-2011
. .
Appeal from – P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar SC 19-Mar-2014
Deprivation of Liberty
P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 26 September 2022; Ref: scu.448295