Category: Human Rights

Salatkhanovy v Russia: ECHR 16 Oct 2008

The applicants alleged, in particular, that their son had been killed by a serviceman in breach of Article 2 of the Convention and that no adequate investigation had been conducted in this respect.

Citations:

17945/03, [2008] ECHR 1045, [2008] ECHR 1081

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 23 July 2022; Ref: scu.276896

Lord Browne of Madingley v Associated Newspapers Ltd: CA 3 Apr 2007

The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his opponent. The judge had refused to excise the details surrounding the lie from his judgment.
Held: The Court of Appeal should not interfere ‘unless the judge has erred in principle or reached a conclusion that was plainly wrong or, put another way, was outside the ambit of conclusion which a judge could reasonably reach’. The appeal failed save only to the extent at the court said the judge should not have included the details of the way the appellant and his opponent had met. The court acknowledged that there is ‘potentially an important distinction between information which is made available to a person’s circle of friends or work colleagues and information which is widely published in a newspaper.’

Judges:

Sir Anthony Clarke MR, Buxton LJ, Keene LJ

Citations:

[2007] EWCA Civ 295, [2008] QB 103, [2007] EMLR 538, [2007] 3 WLR 289

Links:

Bailii

Statutes:

Civil Procedure Rules 39.2(2)

Jurisdiction:

England and Wales

Citing:

Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
Cited – Cream Holdings Limited and others v Banerjee and others HL 14-Oct-2004
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the . .
Cited – Regina v Broadcasting Standards Commission, Ex Parte British Broadcasting Corporation CA 6-Apr-2000
The Act protects the privacy of a corporate body. A television company which secretly filmed in a company’s store could be held to have infringed the privacy of the company by the Broadcasting Standards Commission. The Act went further than the . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – Associated Newspapers Ltd v Prince of Wales CA 21-Dec-2006
The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private.
Held: Upheld, although the judge had given insufficient . .
Cited – Ash and Another v McKennitt and others CA 14-Dec-2006
The claimant was a celebrated Canadian folk musician. The defendant, a former friend, published a story of their close friendship. The claimant said the relationship had been private, and publication infringed her privacy rights, and she obtained an . .
Cited – Niemietz v Germany ECHR 16-Dec-1992
A lawyer complained that a search of his offices was an interference with his private life.
Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his . .
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 – Stes Colas Est And Others v France ECHR 16-Apr-2002
. .
Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Cited – Norfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
Cited – Bonnard v Perryman CA 2-Jan-1891
Although the courts possessed a jurisdiction, ‘in all but exceptional cases’, they should not issue an interlocutory injunction to restrain the publication of a libel which the defence sought to justify except where it was clear that that defence . .
Cited – Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .
Cited – Greene v Associated Newspapers Ltd CA 5-Nov-2004
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her.
Held: ‘in an action for defamation a court will not impose . .
Cited – Stephens v Avery ChD 1988
The parties had been friends and had discussed their sex lives. The defendant took the information to a newspaper and its editor, the second and subsequent defendants who published it. The plaintiff sought damages saying the conversations and . .
Cited – X and Y v Persons Unknown QBD 8-Nov-2006
The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to . .
Cited – A v B C and D QBD 13-Jul-2005
The claimant sought an order restraining the defendant from publishing private matters saying that they should be considered to be confidential information. . .

Cited by:

Cited – Long Beach Ltd and Another v Global Witness Ltd QBD 26-Jul-2007
The claimants asked the court to withhold from publication reference to documents and a judgment between the parties in Hong Kong, which it said were confidential, and which the court in Hong Kong had protected.
Held: The request was not . .
Approved – A v Independent News and Media Ltd and Others CA 31-Mar-2010
The newspapers sought leave to report proceedings before the Court of Protection in connection with a patient unable to manage his own affairs. The patient retained a possible capacity to work as a professional musician. The family wanted the . .
Cited – ETK v News Group Newspapers Ltd CA 19-Apr-2011
The claimant appealed against refusal of an injunction to restrain the defendant newspaper from publishing his name in connection with a forthcoming article. The claimant had had an affair with a co-worker. Both were married. The relationship ended, . .
Cited – CTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
A leading footballer had obtained an injunction restraining the defendants from publishing his identity and allegations of sexual misconduct. The claimant said that she had demanded money not to go public.
Held: It had not been suggested that . .
Cited – Goodwin v News Group Newspapers Ltd QBD 27-May-2011
An associated claimant alleged contempt against another newspaper for publishing matters so as to defeat the purposes of a privacy injunction granted to her.
Held: Even though the principle claimant had been subsequenty identified with the . .
Cited – Goodwin v NGN Ltd and VBN QBD 9-Jun-2011
The claimant had obtained an injunction preventing publication of his name and that of his coworker with whom he had had an affair. After widespread publication of his name elsewhere, the defendant had secured the discharge of the order as regards . .
Cited – Ferdinand v MGN Limited QBD 29-Sep-2011
The claimant, a famous footballer, complained that an article by the defendant relating an affair he had had, had infringed his right to privacy. The defendant relied on its right to freedom of expression. The claimant had at an earlier stage, and . .
Cited – McClaren v News Group Newspapers Ltd QBD 5-Sep-2012
The claimant had obtained an interim injunction to restrain the defendant publishing what he said was private information about a sexual encounter. He also sought an injunction under the 1997 Act.
Held: The claim succeeded: ‘there have been . .
Cited – AAA v Associated Newspapers Ltd CA 20-May-2013
An order had been sought for the claimant child for damages after publication by the defendant of details of her identity and that of her politician father. She now appealed against refusal of her claim for damages for publication of private . .
Cited – Google Inc v Vidal-Hall and Others CA 27-Mar-2015
Damages for breach of Data Protection
The claimants sought damages alleging that Google had, without their consent, collected personal data about them, which was resold to advertisers. They used the Safari Internet browser on Apple products. The tracking and collation of the claimants’ . .
Cited – ZXC v Bloomberg Lp CA 15-May-2020
Privacy Expecation during police investigations
Appeal from a judgment finding that the Defendant had breached the Claimant’s privacy rights. He made an award of damages for the infraction of those rights and granted an injunction restraining Bloomberg from publishing information which further . .
Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media, Litigation Practice

Updated: 23 July 2022; Ref: scu.251613

McKennitt and others v Ash and Another: QBD 21 Dec 2005

The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures.
Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats of publicising matters which she knew would cause the claimant acute embarrassment. The publication could not claim any purpose of public interest disclosure. Certain details published were very intrusive and private, and the claimant was entitled to an injunction to restrain publication of certain parts of the book, and a low level of damages: ‘for a claimant’s conduct to ‘trigger the public interest defence’ a very high degree of misbehaviour must be demonstrated. Relatively trivial matters, even though falling short of the highest standards people might set for themselves, will not suffice.’
Eady J said: ‘To describe a person’s home, the decor, the layout, the state of cleanliness, or how the occupiers behave inside it, is generally regarded as unacceptable. To convey such details, without permission, to the general public, is almost as objectionable as spying into the home with a long distance lens and publishing the resulting photographs.’
and: ‘ . . in broad terms, . . if a person wishes to reveal publicly information about aspects of his or her relations with other people, which would attract the prima facie protection of privacy rights, any such revelation should be crafted, so far as possible, to protect the other person’s privacy . . . It does not follow, because one can reveal one’s own private life, that one can also expose confidential matters in respect of which others are entitled to protection if their consent is not forthcoming’.

Judges:

Eady J

Citations:

[2006] EMLR 10, [2005] EWHC 3003 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Leary v Britiah Broadcasting Corporatin CA 29-Sep-1989
Lord Donaldson MR considered an application for an injunction to prevent a publication which it was said would create a contempt of court, and said: ‘I am very concerned that no one should think that on a speculative basis you can go to the courts . .
Cited – Douglas, Zeta Jones, Northern and Shell Plc v Hello! Limited (No 1) CA 21-Dec-2000
The first two claimants sold exclusive rights to photograph their wedding to the third claimant. A paparrazzi infiltrated the wedding and then sold his unauthorised photographs to the defendants, who now appealed injunctions restraining them from . .
Cited – Von Hannover v Germany ECHR 24-Jun-2004
Princess Caroline of Monaco who had, at some time, received considerable attention in the media throughout Europe, complained at the publication of photographs taken of her withour her permission.
Held: There was no doubt that the publication . .
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – PG and JH v The United Kingdom ECHR 25-Sep-2001
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to . .
Cited – Peck v The United Kingdom ECHR 28-Jan-2003
peck_ukECHR2003
The claimant had been filmed by CCTV. He had, after attempting suicide, left home with a knife, been arrested by the police and disarmed, but then sent home without charge. The CCTV film was used on several occasions to advertise the effectiveness . .
Cited – Tammer v Estonia ECHR 6-Feb-2001
Freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and the self-fulfilment of each individual. Criminal penalties imposed in respect of the reporting of a . .
Cited – A v B plc and Another (Flitcroft v MGN Ltd) CA 11-Mar-2002
A newspaper company appealed against an order preventing it naming a footballer who, they claimed, had been unfaithful to his wife.
Held: There remains a distinction between the right of privacy which attaches to sexual activities within and . .
Cited – Coco v A N Clark (Engineers) Ltd ChD 1968
Requirememts to prove breach of confidence
A claim was made for breach of confidence in respect of technical information whose value was commercial.
Held: Megarry J set out three elements which will normally be required if, apart from contract, a case of breach of confidence is to . .
Cited – Beckham v Gibson QBD 29-Apr-2005
The protection of the law of confidence would be illusory if a claimant, in relation to a long and garbled story, was obliged to spell out which of the revelations are accepted as true, and which are said to be false or distorted. . .
Cited – Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .
Cited – WB v H Bauer Publishing Ltd 2002
. .
Cited – Smithkline Beecham Plc/BASF AG v Generics (UK) Limited / Smithkline Beecham Plc CA 25-Jul-2003
The claimant had been involved in patent infringement proceedings. Papers had been disclosed to them under confidentiality conditions imposed by the judge. In these subsequent proceedings, they sought leave to use the material.
Held: An order . .
Cited – W v Westminster City Council and Others QBD 9-Dec-2004
The claimant sought to bring an action for defamation based upon communications made in a child protection conference. The reference was in a Report for Conference to be held pursuant to the duties imposed on local authorities by the Children Act . .
Cited – Re Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council v News Group Newspapers FD 2-Dec-2003
A twelve year old girl had become pregnant. The Catholic Church was said to have paid her not to have an abortion. After the birth she and her baby were taken into care. The authority proposed the adoption of the baby. There was more publicity. . .
Cited – Regina v Broadcasting Complaints Commission Ex Parte Granada Television Ltd CA 16-Dec-1994
The Broadasting Complaints Commission had been established to determine questions of privacy, and the courts should be slow to intervene. The right of privacy of an individual had not been lost by past publicity. That privacy had been infringed by . .
Cited – Fraser v Evans CA 1969
The law of confidence is based on the moral principles of loyalty and fair dealing. An injunction was sought to restrain an intended publication: ‘The court will not restrain the publication of an article, even though it is defamatory, when the . .
Cited – Beloff v Pressdram Ltd QBD 1973
A journalist on The Observer sued the publishers of Private Eye for having published a memorandum of the plaintiff about a politician, Mr Maudling, which had been circulated amongst the employees of The Observer.
Held: The defences to a claim . .
Cited – Woodward v Hutchins CA 1977
An injunction was sought to restrain publication of confidential information about a well-known pop group, starring Tom Jones and Engelbert Humperdinck. As the group’s press agent, the defendant’s role had been to see that the group received . .
Cited – Attorney-General v Parry 2004
. .
Cited – Frisbee v Campbell CA 14-Oct-2002
The claimant sought an account against her former employee for the disclosures made by her of their activities. The respondent had signed a confidentiality agreement. The respondent counterclaimed for assault. She now appealed from dismissal of her . .
Cited – Regina v Broadcasting Complaints Commission, ex Parte Granada Television Ltd QBD 31-May-1993
The Commission had not been unreasonable in taking the view that a broadcast had infringed the privacy of the subject of the complaint. Judicial Review was not available against BBC for infringement of privacy. . .
Cited – Lion Laboratories Ltd v Evans CA 1985
Lion Laboratories manufactured and marketed the Lion Intoximeter which was used by the police for measuring blood alcohol levels of motorists. Two ex-employees approached the Press with four documents taken from Lion. The documents indicated that . .
Cited – SK and F v Department of Community Services 1990
‘ . . An examination of the recent English decisions shows that the so-called ‘public interest’ defence is not so much a rule of law as an invitation to judicial idiosyncrasy by deciding each case on an ad hoc basis as to whether, on the facts . .

Cited by:

Appeal from – Mckennitt and others v Ash and Another CA 25-May-2006
Application for permission to appeal. Granted. . .
Appeal from – Ash and Another v McKennitt and others CA 14-Dec-2006
The claimant was a celebrated Canadian folk musician. The defendant, a former friend, published a story of their close friendship. The claimant said the relationship had been private, and publication infringed her privacy rights, and she obtained an . .
Cited – Associated Newspapers Ltd v Prince of Wales CA 21-Dec-2006
The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private.
Held: Upheld, although the judge had given insufficient . .
Cited – Murray v Express Newspapers Plc and Another ChD 7-Aug-2007
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence.
Held: The . .
Cited – In re A (A Minor) FD 8-Jul-2011
An application was made in care proceedings for an order restricting publication of information about the family after the deaths of two siblings of the child subject to the application. The Sun and a local newspaper had already published stories . .
Cited – Ingenious Media Holdings Plc and Another, Regina (on The Application of) v Revenue and Customs SC 19-Oct-2016
The tax payer complained that the Permanent Secretary for Tax had, in an off the record briefing disclosed tax details regarding a film investment scheme. Despite the off the record basis, details were published in a newspaper. His claims had been . .
Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Human Rights, Media

Updated: 23 July 2022; Ref: scu.238324

Demir and Others v Turkey: ECHR 23 Sep 1998

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (non-exhaustion); Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses – claim rejected; Violation of Art. 5-3.

Citations:

21380/93, [1998] ECHR 88, 21381/93

Links:

Woldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 23 July 2022; Ref: scu.227269

Ashdown v Telegraph Group Ltd: CA 18 Jul 2001

The appellant complained that a part of his confidential diaries had been republished without his consent by the defendant newspaper group. The defendant appealed, saying that the publication was fair dealing.
Held: The exceptions within the Copyright Act were not sufficient to obviate entirely potential conflicts with the rights of freedom of expression under the Convention Art 10. The right to freedom of expression could be balanced, in a democratic society, with the private rights under the Act. The Convention right protected the freedom of expression of ideas, the Act protected particular forms of expression of those ideas. The circumstances in which the public interest might override copyright were not capable of exact categorisation or definition. The fair dealing provision was an instance of the right of freedom of expression displacing copyright protection.
The most important factors when deciding whether there had been fair use were: ‘(1) The degree to which the alleged infringing use competes with exploitation of the copyright work by the owner . . (2) Whether the work has been published or not . . (3) The extent of the use and the importance of what has been taken. In many cases this will be a highly important factor . .’
‘ . . . by far the most important factor is whether the alleged fair dealing is in fact commercially competing with the proprietor’s exploitation of the copyright work, a substitute for the probable purchase of authorised copies, and the like. If it is, the fair dealing defence will almost certainly fail. If it is not and there is a moderate taking and there are no special adverse factors, the defence is likely to succeed, especially if the defendant’s additional purpose is to right a wrong, to ventilate an honest grievance, to engage in political controversy, and so on. The second most important factor is whether the work has already been published or otherwise exposed to the public. If it has not, and especially if the material has been obtained by a breach of confidence or other mean or underhand dealing, the courts will be reluctant to say this is fair. However this is by no means conclusive, for sometimes it is necessary for the purposes of legitimate public controversy to make use of ‘leaked’ information. The third most important factor is the amount and importance of the work that has been taken. For, although it is permissible to take a substantial part of the work (if not, there could be no question of infringement in the first place), in some circumstances the taking of an excessive amount, or the taking of even a small amount if on a regular basis, would negative fair dealing.’

Judges:

Lord Phillips MR, Lord Justice Robert Walker, Lord Justice Keene

Citations:

Times 01-Aug-2001, (2001) 24(9) IPD 24058,, [2001] HRLR 57, [2001] EMLR 44, [2001] 4 All ER 666, [2001] UKHRR 1242, [2002] ECC 19, [2002] RPC 5, [2001] 3 WLR 1368, [2002] ECDR 32, Gazette 31-Aug-2001, [2001] EWCA Civ 1142, [2002] Ch 149, [2002] RPC 235

Links:

Bailii

Statutes:

Copyright Designs and Patents Act 1988 30, 171(3), European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Appeal from – Ashdown v Telegraph Group Ltd ChD 11-Jan-2001
The claimant, during his career had written private diaries, including minutes of secret political meetings. As he stepped down from leadership, he began to arrange publication. Before this was complete, the defendant published extracts. He . .

Cited by:

Cited – Fraser-Woodward Ltd v British Broadcasting Corporation Brighter Pictures Ltd ChD 23-Mar-2005
The claimant asserted infringement of copyright by the defendants in photographs of the family of David Beckham. The defendant admitted using the photographs but asserted that no permission was required since the use was a fair dealing.
Held: . .
Cited – IPC Media Ltd v News Group Newspapers Ltd ChD 24-Feb-2005
The defendant sought to advertise its new TV listings magazine, and to do so reproduced in its advert a copy of the front page of the equivalent magazine published by the claimant. The claimant sought damages for copyright infringement. The . .
Cited – Grisbrook v MGN Ltd and Others ChD 16-Oct-2009
The claimant sought an order committing officers of the defendant company for having failed to obey a court order requiring the defendant to cease infrigement of his copyright in photographs. He operated as a photographer of celebrities selling . .
Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection . .
Cited – The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others ChD 26-Nov-2010
The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they . .
Cited – Heythrop Zoological Gardens Ltd (T/A Amazing Animals) and Another v Captive Animals Protection Society ChD 20-May-2016
The claimant said that the defendant had, through its members visiting their premises, breached the licence under which they entered, by taking photographs and distributing them on the internet, and in so doing also infringing the performance rights . .
Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media, Human Rights

Updated: 23 July 2022; Ref: scu.159941

Aytekin v Turkey: ECHR 23 Sep 1998

The applicant was the widow of a man who was unlawfully killed by a soldier. The soldier had been prosecuted for causing the death of the applicant’s husband and had been convicted of unintentional homicide. The widow’s appeal against the verdict was pending as was the prosecution’s appeal against the leniency of the sentence imposed.
Held: The applicant had not yet exhausted her domestic remedies and it could not consider the merits of the case on that account: ‘As to the possibility of instituting compensation proceedings in respect of the death of her husband, the Court recalls that an alleged violation of Article 2 of the Convention cannot be remedied exclusively through an award of damages to the relatives of the victim.’

Citations:

22880/93, [1998] ECHR 87

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Cited by:

Cited – A, Re Application for Judicial Review QBNI 25-Jun-2001
The applicant, who feared for his life if identified, sought the release to him of materials discovered by the police in searching premises associated with a loyalist paramiliitary group. He thought that they might include information sourced form . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 23 July 2022; Ref: scu.165664

Theakston v MGN Ltd: QBD 14 Feb 2002

The claimant, a celebrity sought to restrain publication by the defendant of information about his sex life, consisting of pictures of him in a brothel. The court considered the test for the grant of an injunction to restrain publication under the 1998 Act.
Held: The court could not see how the approach required by section 12(3) can be other than that the claimant must show that it is more probable than not that he will succeed in obtaining an injunction at trial. It could not envisage, as a matter of ordinary English, an injunction which is likely to be granted but more probably than not will be refused. Ouseley J said: ‘If Parliament had intended the relevant test to be whether the claimant had a real prospect of success, it would have used that familiar legal phrase. I consider that it intended to impose the discernibly more rigorous requirement which it did in this particular context of freedom of expression.’ and ‘Sexual relations within marriage at home would be at one end of the range or matrix of circumstances to be protected from most forms of disclosure; a one night stand with a recent acquaintance in a hotel bedroom might very well be protected from press publicity. A transitory engagement in a brothel is yet further away’.
The court refused an injunction restraining publication of a verbal depiction of the claimant’s activities in a brothel, but granted an injunction restraining the publication of the photographs.

Judges:

Ouseley J

Citations:

[2002] EWHC 137 (QB), [2002] EMLR 22, [2002] EMLR 398

Links:

Bailii

Statutes:

Human Rights Act 1998 12(3)

Jurisdiction:

England and Wales

Citing:

Cited – Douglas, Zeta Jones, Northern and Shell Plc v Hello! Limited (No 1) CA 21-Dec-2000
The first two claimants sold exclusive rights to photograph their wedding to the third claimant. A paparrazzi infiltrated the wedding and then sold his unauthorised photographs to the defendants, who now appealed injunctions restraining them from . .
Cited – Imutran Ltd v Uncaged Campaigns Ltd and Another ChD 11-Jan-2001
The test for whether an interim injunction should be granted restraining publication of material claimed to be confidential, where such a grant would infringe the right to freedom of expression was slightly different under the 1998 Act. The . .

Cited by:

Cited – Cream Holdings Limited and others v Banerjee and The Liverpool Daily Post and Echo Limited CA 13-Feb-2003
The defendants considered publication of alleged financial irregularities by the claimant, who sought to restrain publication. The defendants argued that under the Act, prior restraint should not be used unless a later court would be likely to . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Cited – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
Cited – RST v UVW QBD 11-Sep-2009
The applicant sought an interim and without notice injunction preventing the defendant from disclosing confidential information covered by an agreement between the parties.
Held: The order was made on a without notice application because there . .
Cited – Ferdinand v MGN Limited QBD 29-Sep-2011
The claimant, a famous footballer, complained that an article by the defendant relating an affair he had had, had infringed his right to privacy. The defendant relied on its right to freedom of expression. The claimant had at an earlier stage, and . .
Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 23 July 2022; Ref: scu.175308

Rasmussen v Denmark: ECHR 28 Nov 1984

Article 14 requires a complainant of discrimination to show that the complaint falls within the ‘ambit’ of some substantive Convention right.

Citations:

8777/79, (1984) 7 EHRR 371, [1984] ECHR 17

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 14

Jurisdiction:

Human Rights

Cited by:

Cited – Douglas v North Tyneside Metropolitan Borough Council CA 19-Dec-2003
The applicant had sought a student loan to support his studies as a mature student. It was refused because he would be over 55 at the date of the commencement of the course. He claimed this was discriminatory.
Held: The Convention required the . .
Cited – Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 23 July 2022; Ref: scu.164949

Re Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council v News Group Newspapers: FD 2 Dec 2003

A twelve year old girl had become pregnant. The Catholic Church was said to have paid her not to have an abortion. After the birth she and her baby were taken into care. The authority proposed the adoption of the baby. There was more publicity. Angela Roddy said that she had ‘Gillick capacity’ and that her views were therefore determinative notwithstanding that in law she was still a child.
Held: Munby J said: ‘Angela, in my judgment, is of an age, and has sufficient understanding and maturity, to decide for herself whether that which is private, personal and intimate should remain private or whether it should be shared with the whole world. The decision is for Angela: it is not for her parents, the local authority or the court.’ and
‘Article 8 embraces both the right to maintain one’s privacy and, if this is what one prefers, not merely the right to waive that privacy but also the right to share what would otherwise be private with others or, indeed, with the world at large. So the right to communicate one’s story to one’s fellow beings is protected not merely by Article 10 but also by Article 8.’ and ‘A child is, of course, as much entitled to the protection of the European Convention – and specifically of Arts 8 and 10 – as anyone else. But . . the personal autonomy guaranteed by Art 8 (and, I would add, by Art 10) is necessarily somewhat qualified in the case of a child. For, depending on the circumstances, decision-making power may rest not with the child but with the child’s parents or even with the court.’

Judges:

Munby J

Citations:

[2003] EWHC 2927 (Fam), [2004] 1 FCR 30, [2004] 2 FLR 949, [2004] EMLR 8

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

Cited – Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
Cited – E v Channel Four, News International Ltd and St Helens Borough Council FD 1-Jun-2005
The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be . .
Cited – A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication) FD 14-Jul-2005
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly . .
Cited – McKennitt and others v Ash and Another QBD 21-Dec-2005
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures.
Held: . .
Cited – Norfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
Cited – Norfolk County Council v Webster and others FD 17-Nov-2006
There had been care proceedings following allegations of physical child abuse. There had been a residential assessment. The professionals accepted the parents’ commitment to their son, but also found that they were unreliable. It was recommended . .
Cited – Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others FD 5-Jul-2007
The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter.
Held: The application was frivolous. . .
Cited – British Broadcasting Corporation v CAFCASS Legal and others FD 30-Mar-2007
Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and . .
Cited – Ferdinand v MGN Limited QBD 29-Sep-2011
The claimant, a famous footballer, complained that an article by the defendant relating an affair he had had, had infringed his right to privacy. The defendant relied on its right to freedom of expression. The claimant had at an earlier stage, and . .
Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
Lists of cited by and citing cases may be incomplete.

Children, Media, Human Rights

Updated: 23 July 2022; Ref: scu.194858

Ashdown v Telegraph Group Ltd: ChD 11 Jan 2001

The claimant, during his career had written private diaries, including minutes of secret political meetings. As he stepped down from leadership, he began to arrange publication. Before this was complete, the defendant published extracts. He complained of breach of copyright.
Held: The claim succeeded. The VC granted a final injunction against any further infringement and directed disclosure of information to enable Mr Ashdown to exercise his right of election between damages and an account of profits. The Human Rights Act did not operate to extend the defences available to a claim for copyright infringement, on the basis that it was needed to provide for freedom of the press. The needs of the right to freedom of expression were satisfied by the defences available under the Act, including that of fair dealing, and there was no need to consider the individual facts of each situation. The need to have particular regard to an element did not mean that it should be given extra weight.
Sir Andrew Morritt V-C considered the meaning of ‘criticism and review’, saying: ‘I accept, of course, that the expression ‘criticism and review’ is of wide import. Cf Robert Walker LJ in Pro Sieben Media AG v. Carlton UK Television Ltd [1999] 1 WLR 605, 614G. Likewise I accept that it is necessary to have regard to the true purpose of the work. Is it ‘a genuine piece of criticism or review, or is it something else, such as the attempt to dress up the infringement of another’s copyright in the guise of criticism, and so profit unfairly from another’s work’? Cf Henry LJ in Time Warner Entertainments Co LP v. Channel Four Television Corpn plc [1994] EMLR 1, 14. But what is required is that the copying shall take place as part of and for the purpose of criticising and reviewing the work. The work is the minute. But the articles are not criticising or reviewing the minute: they are criticising or reviewing the actions of the Prime Minister and the claimant in October 1997′

Judges:

Sir Andrew Morritt VC

Citations:

Times 06-Feb-2001, Gazette 22-Feb-2001, [2001] EWHC Ch 28, [2001] 2 WLR 967

Links:

Bailii

Statutes:

Copyright Designs and Patents Act 1988, European Convention on Human Rights 10

Jurisdiction:

England and Wales

Citing:

Cited – Time Warner Entertainments LP v Channel Four Television Corporation plc CA 1994
In testing whether a defence to copyright infringement of fair dealing succeeds, the court can take note of the actual purpose of the work, and will look carefully to verify the claimed purpose: ‘it is necessary to have regard to the true purpose of . .

Cited by:

Appeal from – Ashdown v Telegraph Group Ltd CA 18-Jul-2001
The appellant complained that a part of his confidential diaries had been republished without his consent by the defendant newspaper group. The defendant appealed, saying that the publication was fair dealing.
Held: The exceptions within the . .
Cited – Fraser-Woodward Ltd v British Broadcasting Corporation Brighter Pictures Ltd ChD 23-Mar-2005
The claimant asserted infringement of copyright by the defendants in photographs of the family of David Beckham. The defendant admitted using the photographs but asserted that no permission was required since the use was a fair dealing.
Held: . .
Cited – Forensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection . .
Cited – The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others ChD 26-Nov-2010
The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media, Human Rights

Updated: 23 July 2022; Ref: scu.77890

O’Donoghue and Others v United Kingdom: ECHR 2 Dec 2011

Execution of the judgments of the European Court of Human Rights

Citations:

[2011] ECHR 2268, 34848/07

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

See Also – O’Donoghue and Others v United Kingdom ECHR 17-Nov-2008
. .
See Also – O’Donoghue and Others v United Kingdom ECHR 14-Dec-2010
. .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 23 July 2022; Ref: scu.640533

CL, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 6 Dec 2018

The claimant sought deletion from police records of reports of his sending sexually explicit images as a child.
Held: Refused.

Judges:

Lord Justice Hickinbottom

Citations:

[2018] EWHC 3333 (Admin)

Links:

Bailii

Statutes:

Protection of Children Act 1978, European Convention on Human Rights

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 23 July 2022; Ref: scu.631211

Schwabe and MG v Germany: ECHR 1 Dec 2011

Citations:

8080/08, [2011] ECHR 1986, 59 EHRR 28

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Hicks and Others, Regina (on The Application of) v Commissioner of Police for The Metropolis SC 15-Feb-2017
The claimants had wanted to make a peaceful anti-monarchist demonstration during the wedding of the Duke and Duchess of Cambridge. They complained that the actions of the respondent police infringed their human rights by preventing that . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 22 July 2022; Ref: scu.449709

X v Iceland: ECHR 18 May 1976

The right to respect for private life was held to ‘comprise also, to a certain degree, the right to establish and develop relationships with other human beings’.

Citations:

6825/74, [1976] ECHR 7, (1976) 5 DR 86

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

Cited – Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .
Cited – L, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
Cited – JR38, Re Application for Judicial Review (Northern Ireland) SC 1-Jul-2015
The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 22 July 2022; Ref: scu.280494

X v United Kingdom: ECHR 19 Jan 1998

The complainant said that the system under which he had been declared unfit to be involved in the management of an insurance company was unfair.

Citations:

28530/95, [1998] ECHR 117, (1998) 25 EHRR CD88, 25 EHRR CD88

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .
Cited – Heald and Others v London Borough of Brent CA 20-Aug-2009
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Company, Insurance

Updated: 22 July 2022; Ref: scu.280485

Kjeldsen, Busk Madsen and Pedersen v Denmark: ECHR 7 Dec 1976

The court discussed the meaning of ‘other status’ under article 14, saying: ‘Article 14 prohibits, within the ambit of the rights and freedoms guaranteed, discriminatory treatment having as its basis or reason a personal characteristic (‘status’) by which persons or groups of persons are distinguishable from each other.’

Citations:

5926/72, [1976] ECHR 6, 5095/71, 5920/72, (1976) 1 EHRR 711

Links:

Bailii

Statutes:

European Convention on Human Rights 14

Jurisdiction:

Human Rights

Cited by:

Cited – N, Regina (on the Application of) v Secretary of State for Health; Regina (E) v Nottinghamshire Healthcare NHS Trust CA 24-Jul-2009
The claimants appealed against the imposition on them of smoking bans while they were compulsorily detained at Rampton Hospital. They said that other persons detained for example in prisons had been exempted fully.
Held: The right or freedom . .
Followed – 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 . .
Followed – RJM, Regina (on the Application of) v Secretary of State for Work and Pensions HL 22-Oct-2008
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was . .
Cited – TW v London Borough of Enfield and Another QBD 8-May-2013
The claimant sought damages after being detained under the 1983 Act, and a declaration that the section used was incompatible with her human rights.
Held: The test for allowing proceedings was set at a low level, and even if section 139 does . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 22 July 2022; Ref: scu.280497

Reklos and Davourlis v Greece: ECHR 15 Jan 2009

(Press release) The court considered the rights when photographs were taken in public: ‘the court finds that it is not insignificant that the photographer was able to keep the negatives of the offending photographs, in spite of the express request of the applicants, who exercised parental authority, that the negatives be delivered up to them. Admittedly, the photographs simply showed a face-on portrait of the baby and did not show the applicants’ son in a state that could be regarded as degrading, or in general as capable of infringing his personality rights. However, the key issue in the present case is not the nature, harmless or otherwise, of the applicants’ son’s representation on the offending photographs, but the fact that the photographer kept them without the applicants’ consent. The baby’s image was thus retained in the hands of the photographer in an identifiable form with the possibility of subsequent use against the wishes of the person concerned and/or his parents (see, mutatis mutandis, PG and JH v The United Kingdom 46 EHRR 1272, para 57).’ and ‘A person’s image constitutes one of the chief attributes of his or her personality as it reveals the person’s unique characteristics and distinguishes the person from his or her peers. The right to the protection of one’s image is thus one of the essential components of personal development and presupposes the right to control the use of that image. Whilst in most cases the right to control such use involves the possibility for an individual to refuse publication of his or her image, it also covers the individual’s right to object to the recording, conservation and reproduction of the image by another person. As a person’s image is one of the characteristics attached to his or her personality, its effective protection presupposes, in principle and in circumstances such as those of the present case . . , obtaining the consent of the person concerned at the time the picture is taken and not simply if and when it is published. Otherwise an essential attribute of personality would be retained in the hands of a third party and the person concerned would have no control over any subsequent use of the image.’

Citations:

1234/05, [2009] ECHR 200, 27 BHRC 420, [2009] EMLR 16

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Cited by:

Cited – JR38, Re Application for Judicial Review (Northern Ireland) SC 1-Jul-2015
The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the . .
Cited – L, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 22 July 2022; Ref: scu.280458

X v United Kingdom: ECHR 12 Mar 1981

ECHR Admissibility – Article 9, paragraph 1 of the Convention: The respect of this provision may create positive obligations for the State. The wording ‘either alone or in community with others’ does not leave a choice to the public authorities between two alternative obligations.
In view of the requirements of the education system the authorities do not disregard a teacher’s freedom of religion if they refuse him a re-arrangement of the school time-table so that he may practice his religion, if he has previously accepted his employment without making any reservations in this respect.
Article 14 of the Convention, in conjunction with Article 9 of the Convention : No appearance of discrimination, as regards the school time-table between teachers belonging to different religions.
Competence ratione materiae of the Commission : The Convention does not. as such, guarantee the right to hold a position in public service. The dismissal of an official may, however, come within the ambit of a provision of the Convention such as Article 9 or 10 by virtue of certain of its aspects and under certain circumstances.

Citations:

8160/78, [1981] ECHR 9, (1982) 4 EHRR 126

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 22 July 2022; Ref: scu.280501

X v Germany: ECHR 19 Mar 1981

The Commission had regard to the fact that the purpose for which the children were taken to the police headquarters and kept there for about two hours was to question them, not to arrest or detain them. This led to the conclusion that the action in question did not constitute a deprivation of liberty in the sense of article 5(1).

Citations:

8819/79, [1981] ECHR 8, (1981) 24 DR 158

Links:

Bailii

Statutes:

European Convention on Human Rights 5(1)

Cited by:

Cited – Austin and Another v Commissioner of Police of the Metropolis HL 28-Jan-2009
Movement retsriction was not Liberty Deprivation
The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 22 July 2022; Ref: scu.280500

Murray v The United Kingdom: ECHR 3 Feb 2009

The applicant complained under Articles 8 and 14 of the Convention and Article 1 of Protocol No. 1 that, because he was a man, he was denied social security benefits equivalent to those received by widows.

Judges:

Lech Garlicki, President

Citations:

28045/02, [2009] ECHR 192

Links:

Bailii

Statutes:

European Convention on Human Rights

Human Rights, Benefits, Discrimination

Updated: 22 July 2022; Ref: scu.280476

Tabernacle v Secretary of State for Defence: CA 5 Feb 2009

The claimant sought judicial review to test the validity of the bye-laws which prohibited them from camping on public land to support their demonstration.
Held: The bye-laws violated the claimant’s right to freedom of assembly and of expression. The respondent’s objections to the camp were insubstantial and could not justify the interference. The camp had existed for 23 years. Demonstrations were in their nature unruly and inconvenient.
Laws LJ said: ‘As I have said it is plain in this case that the Secretary of State has not sought to impose anything approaching a blanket ban on AWPC’s rights of protest. They may protest as much as they like: all they are stopped from doing is camping in the Controlled Areas. In that sense it may be said that paragraph 7(2)(f) of the 2007 Byelaws only goes to the manner and form of the exercise of the appellant’s rights under ECHR Article 10. It is not on its face directed towards the suppression of free speech, on the part of the AWPC or anyone else. It merely prohibits camping, which happens to be the mode or setting chosen by the AWPC for its protest.
But this ‘manner and form’ may constitute the actual nature and quality of the protest; it may have acquired a symbolic force inseparable from the protestors’ message; it may be the very witness of their beliefs.’ and ‘Rights worth having are unruly things. Demonstrations and protests are liable to be a nuisance. They are liable to be inconvenient and tiresome, or at least perceived as such by others who are out of sympathy with them. Sometimes they are wrong-headed and misconceived. Sometimes they betray a kind of arrogance: an arrogance which assumes that spreading the word is always more important than the mess which, often literally, the exercise leaves behind. In that case, firm but balanced regulation may well be justified.’

Judges:

Laws LJ, Wall LJ, Stanley Burnton LJ

Citations:

[2009] EWCA Civ 23, [2009] WLR (D) 35

Links:

Bailii, Times, WLRD

Statutes:

Atomic Weapons Establishment (AWE) Aldermaston Byelaws 2007, European Convention on Human Rights 10 11

Jurisdiction:

England and Wales

Citing:

Appeal from – Tabernacle v Secretary of State for Defence Admn 6-Mar-2008
The court considered the validity of bye-laws used to exclude protesters from land near a military base at Aldermarston.
Held: The byelaw which banned an ‘camp’ was sufficiently certain, but not that part which sought to ban any person who . .

Cited by:

Cited – Hall and Others v Mayor of London (on Behalf of The Greater London Authority) CA 16-Jul-2010
The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
Held: Leave was refused save for two appellants whose cases were . .
Cited – Howarth v Commissioner of Police of The Metropolis QBD 3-Nov-2011
The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to . .
Cited – City of London v Samede and Others QBD 18-Jan-2012
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either . .
Approved – The Mayor Commonalty and Citizens of London v Samede (St Paul’s Churchyard Camp Representative) and Others CA 22-Feb-2012
The defendants sought to appeal against an order for them to vacate land outside St Paul’s Cathedral in London which they occupied as a protest.
Held: The application for leave to appeal failed. The only possible ground for appeal was on the . .
Cited – Lord Carlile and Others v Secretary of State for The Home Department Admn 16-Mar-2012
The claimant had invited an Iranian dissident to speak in Parliament, and now challenged the decision of the Home Secretary to refuse her a visa on the basis that her exclusion was not conducive to the public good. She was a member of an . .
Lists of cited by and citing cases may be incomplete.

Crime, Armed Forces, Human Rights

Updated: 22 July 2022; Ref: scu.280444

Cosic v Croatia: ECHR 15 Jan 2009

The applicant teacher was provided a flat by her school, which it in had leased from the Yugoslavian Army. That lease expired in 1990. She remained, paying rent to the school. Ultimately the Croatian State, which had assumed ownership of Yugoslavian Army property, obtained an order of possession from the Municipal Court. The basis was that the lease had expired so the applicant had no lawful entitlement to occupy the flat. She had no other place to stay.
Held: The local Court had considered only that the applicant’s occupation had no legal basis, and did not consider the proportionality of the steps taken. The Convention required that the interference with an applicant’s right and respect for her home be not only based on the law but also be proportionate, under Article 8(2), to the legitimate aim pursued, regard being had to the particular circumstances of the case. The court reiterated paragraph 50 of McCann. The applicant had not been given adequate procedural safeguards and there was a violation of Article 8. The alleged violation of Article 6 was manifestly ill founded.

Judges:

Christos Rozakis, P

Citations:

28261/06, [2009] ECHR 80, (2011) 52 EHRR 39

Links:

Bailii

Statutes:

European Convention on Human Rights 8(2)

Jurisdiction:

Human Rights

Citing:

Cited – McCann 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:

Cited – Coombes, 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 . .
Cited – Manchester City Council v Pinnock SC 3-Nov-2010
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his . .
Cited – London Borough of Hounslow v Powell, Leeds City Council v Hall etc SC 23-Feb-2011
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the . .
Cited – Manchester City Council v Pinnock SC 9-Feb-2011
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . .
Cited – Sims v Dacorum Borough Council CA 24-Jan-2013
Husband and wife had been joint tenants of the council. On the breakdown of the marriage, W gave notice to quit. H defended the council’s possession action, saying that it was an infringement of his human rights for him to lose his tenancy and home. . .
Cited – McDonald v McDonald and Others SC 15-Jun-2016
Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Housing

Updated: 22 July 2022; Ref: scu.280304

Redfearn v The United Kingdom: ECHR 16 Jan 2009

Statement of facts

Citations:

47335/06, [2009] ECHR 112

Links:

Bailii

Statutes:

European Convention on Human Rights

Citing:

At EAT – A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service EAT 27-Jul-2005
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary . .
Appeal from – Serco Ltd v Redfearn CA 25-May-2006
The employee claimed that he had been discriminated against. He had stood as a candidate in local elections for the British National Party (BNP) party. His employers had dismissed him saying that his propagation of racially discriminatory polices . .

Cited by:

Statement of facts – Redfearn v The United Kingdom ECHR 6-Nov-2012
The applicant alleged that his rights had been infringed by his dismissal from his post as driver transporting children and adults with physical and/or mental disabilities. He had stood for election as a candidate for the British National Party, a . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 22 July 2022; Ref: scu.280292

Sophia Andreou v Turkey: ECHR 27 Jan 2009

Judgment – the applicant’s heirs (her husband, her son and her daughter) had standing to continue the present proceedings in her stead, dismissed various preliminary objections raised by the Turkish Government and found continuing violations of Article 8 of the Convention by reason of the complete denial of the right of the applicant to respect for her home and of Article 1 of Protocol No. 1 to the Convention by virtue of the fact that the applicant was denied access to and control, use and enjoyment of her property as well as any compensation for the interference with her property rights.

Citations:

18360/91, [2009] ECHR 161

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

See Also – Sophia Andreou v Turkey ECHR 22-Jun-2010
Judgment (supplementary) . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 22 July 2022; Ref: scu.280381

Knaggs v The United Kingdom: ECHR 14 Jan 2009

The claimants had been prosecuted following authorised intrusive surveillance. They challenged the laws which prevented them from asking questions about interception, and therefore from defending themselves. The defendants said that the police had deliberately failed to record details which would demonstrate that the recordings had been from an interception rather than the surveillance.
Held: The court posed several preliminary questions to be answered by the parties before the matter could proceed.

Citations:

46559/06, [2009] ECHR 113, [2011] ECHR 1328

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights 8, Regulation of Investigatory Powers Act 2000 17 18, Official Secrets Act 1989 4, Police and Criminal Evidence Act 1984 78

Citing:

Cited – Attorney General’s Reference (No 5 of 2002) HL 14-Oct-2004
The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a telephone tapping had been taken from a public or private network. A chief constable suspected that the defendants, . .
Cited – Regina v Austin and others CACD 16-May-2008
The defendants sought leave to appeal against convictions for conspiracy to supply drugs. The prosecutor relied on surveillance evidence showing meetings and telephone calls between the defendants; evidence from recording devices in defendants’ . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 22 July 2022; Ref: scu.280371

Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence: CA 21 Jan 2009

The claimants had been detained on the request of the Iraqi criminal court in a detention facility run by the UK armed forces. They complained of their proposed transfer to an Iraqi facility in anticipation of facing trial for murder, for which if convicted they might face the death penalty.
Held: The claimants were not under the jurisdiction of the UK for human rights law purposes. The operation of the Convention was essentially territorial, with possible ‘outposts’ which might be within the jurisdiction. The scope of the Convention had no clear edge, but the court identified four propositions for such extra-territorial outposts. It was an exceptional jurisdiction; it was to be ascertained in harmony with other applicable norms of international law; it reflected the regional nature of the Convention rights; and it reflected the indivisible nature of the Convention rights. In this case, the UK was acting at all times only as agent of the Iraqi court. The espace juridique of the Convention was not extended, and the Convention did not apply.

Judges:

Lord Justice Waller, Lord Justice Laws and Lord Justice Jacob

Citations:

[2009] EWCA Civ 7, [2009] WLR (D) 17, [2009] UKHRR 638

Links:

Bailii, Times, WLRD

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

See Also – Al-Saadoon and Others, Regina (on the Application of) v Secretary of State for Defence Admn 29-Aug-2008
The applicants complained of their continued detention in Iraq in a UK internment facility as an infringement of their human rights. . .
Appeal from – Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence Admn 19-Dec-2008
The two applicants had been detained by the armed forces in Iraq suspected of murder. They sought release before being transferred to the civilian authorities for trial saying that the trials would not be fair. The respondent denied that the . .
See Also – Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence CA 22-Dec-2008
. .
Cited – Bankovic v Belgium ECHR 12-Dec-2001
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own . .
Cited – Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening) HL 13-Jun-2007
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied . .

Cited by:

Appeal from – Al-Saadoon and Mufdhi v The United Kingdom ECHR 2-Mar-2009
The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder.
Held: The transfer was a breach of the applicants’ rights. The Iraqis had . .
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 . .
See Also – Al-Saadoon and Others v Secretary of State for Defence Admn 17-Mar-2015
Leggatt J explained the idea of enforced disappearance: ‘a concept recognised in international law and . . a practice which is internationally condemned. It involves detention outside the protection of the law where there is a refusal by the state . .
See Also – Al-Saadoon and Others v Secretary of State for Defence Admn 26-Jun-2015
Reasons for orders following a case management hearing to review whether there are steps which the court should now be taking to procure compliance by the Secretary of State for Defence with the duty of the UK under articles 2 and 3 of the European . .
See Also – Al-Saadoon and Others v Secretary of State for Defence Admn 7-Apr-2016
The court considered the extent of the state’s obligations to investigate allegations of unlawful killing and ill-treatment of civilians by British soldiers in Iraq between 2003 and 2009. It follows a hearing to consider three issues: i) Whether the . .
See Also – Al-Saadoon and Others v The Secretary of State for Defence and Others CA 9-Sep-2016
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Crime, Armed Forces, International

Updated: 22 July 2022; Ref: scu.280067

AM (Jamaica) v Secretary of State for the Home Department: CA 26 Nov 2008

The appellant had been convicted for several serious offences. He sought to appeal against an order for his removal from the UK on completion of his term in prison, saying that it would infringe his right to a family life.
Held: Given later cases, it was clear that the judge should have more formally considered the effect on the appellant’s family life. Remitted for reconsideration.

Judges:

Tuckey, Jacob LJJ, Sir William Aldous

Citations:

[2008] EWCA Civ 1408

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 22 July 2022; Ref: scu.279979

College van burgemeester en wethouders van Rotterdam v MEE Rijkeboer: ECJ 22 Dec 2008

ECJ Opinion – Data Protection Directive 95/46/EC Fundamental Rights – Right of access to personal data to any third party Suppression Communications – Exercise Period of the access principle of proportionality

Judges:

Damaso Ruiz-Jarabo Colomer AG

Citations:

C-553/07, [2008] EUECJ C-553/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – College van burgemeester en wethouders van Rotterdam v M.E.E. Rijkeboer ECJ 7-May-2009
Protection of individuals with regard to the processing of personal data Directive 95/46/EC – Respect for private life – Erasure of data – Right of access to data and to information on the recipients of data – Time limit on the exercise of the right . .
Cited – Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez ECJ 13-May-2014
Internet Search Engine – Name Removal
ECJ Grand Chamber – Personal data – Protection of individuals with regard to the processing of such data – Directive 95/46/EC – Articles 2, 4, 12 and 14 – Material and territorial scope – Internet search engines . .
Lists of cited by and citing cases may be incomplete.

Information, Human Rights

Updated: 22 July 2022; Ref: scu.280001

A, Regina (on the Application of) v London Borough of Croydon: CA 18 Dec 2008

The court declined appeals against findings that local authorities through social workers could properly assess whether the claimants were under eighteen and entitled, though asylum seekers, to housing provision and support under the 1989 Act.

Judges:

Ward, maurice Kay LJJ, Sir John Chadwick

Citations:

[2008] EWCA Civ 1445, [2009] PTSR 1011, [2009] ACD 17, [2009] LGR 24, [2009] Fam Law 290, [2009] 1 FLR 1325, [2009] BLGR 24, [2009] 1 FCR 317

Links:

Bailii

Statutes:

Children Act 1989 20(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – M and Another, Regina (on the Application of) v London Borough of Lambeth and others Admn 20-Jun-2008
The claimant had arrived from Afhganistan and sought asylum and accomodation as a child. The social worker involved assessed him to be an adult.
Held: The decision was within the duties of the local authorities. . .
Cited – M, Regina (on the Application of) v Gateshead Council CA 14-Mar-2006
The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local . .

Cited by:

Appeal from – A, 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 . .
Lists of cited by and citing cases may be incomplete.

Immigration, Children, Human Rights

Updated: 22 July 2022; Ref: scu.279991

Kaur v Lord Advocate: SCS 6 Jun 1980

‘The action arises out of the rules relating to immigration in the United Kingdom, and raises sharply the question of whether the provisions of the European Convention of Human Rights are directly enforceable in the Scottish Courts.’

Judges:

Lord Ross

Citations:

[1980] ScotCS CSOH – 5, [1980] 3 CMLR 79, 1980 SC 319, 1981 SLT 322

Links:

Bailii

Jurisdiction:

Scotland

Immigration, Human Rights

Updated: 22 July 2022; Ref: scu.279517

Konstatinov v The Netherlands: ECHR 26 Apr 2007

The applicant, of Roma origin with a troubled and criminal history. The Court considered the minister’s refusal of her request for a residence permit to enable her to live with her husband (entitled to permanent residence since 1988) and their son (born in 1989). The grounds of refusal included public order grounds, but also her husband’s failure to satisfy the minimum income requirements under the rules (para 15). The refusal was upheld by the domestic courts on both grounds (para 21), and by Strasbourg.
Having regard to her criminal record, the fact that her son would come of age in April 2007, and the lack of any insurmountable obstacles to her own return to Serbia where she had lived until the age of seven, it could not be said that the Netherlands authorities had failed to strike a fair balance between her interests and its own interest in controlling immigration and public expenditure and in the prevention of disorder and crime
The Court accepted the principle of a minimum income requirement: ‘In principle, the Court does not consider unreasonable a requirement that an alien having achieved a settled status in a Contracting State and who seeks family reunion there must demonstrate that he/she has sufficient independent and lasting income, not being welfare benefits, to provide for the basic costs of subsistence of his or her family members with whom reunion is sought.’

Citations:

16351/03, [2007] ECHR 336, [2007] 2 FCR 194

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another SC 22-Feb-2017
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse.
Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration

Updated: 21 July 2022; Ref: scu.251690

Associated Newspapers Ltd v Prince of Wales: CA 21 Dec 2006

The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private.
Held: Upheld, although the judge had given insufficient weight to the fact that the information was received under an express obligation of confidence. The court recognised that a duty of confidence expressly adopted under an employment contract carried additional weight in the balance with the freedom of the press, and ‘the significance of the interference with Article 8 rights effected by the Newspaper’s publication of information in the Journal outweighed the significance of the interference with Article 10 rights that would have been involved had the Newspaper been prevented from publishing that information. ‘ and ‘the judge was correct to hold that Prince Charles’ had an unanswerable claim for breach of privacy. When the breach of a confidential relationship is added to the balance, his case is overwhelming. ‘

Judges:

Lord Phillips of Worth Matravers, Chief Justice, May LJ

Citations:

[2006] EWCA Civ 1776, Times 28-Dec-2006, [2008] EMLR 4, (2007) 104 LSG 30, [2007] Info TLR 267, [2008] Ch 57, [2007] 2 All ER 139, [2007] 3 WLR 222, [2008] EMLR 121

Links:

Bailii

Statutes:

ght, Designs and Patents Act 1988

Jurisdiction:

England and Wales

Citing:

See Also – HRH the Prince of Wales v Associated Newspapers Ltd ChD 13-Jan-2006
The claimant had for many years kept private journals, whose contents were circulated within a small circle of friends. He now sought to claim confidentiality and copyright in them when the defendant sought to publish them.
Held: There was an . .
Appeal from – HRH the Prince of Wales v Associated Newspapers Ltd. ChD 17-Mar-2006
Application for summary judgment.
Held: Granted . .
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Cited – Von Hannover v Germany ECHR 24-Jun-2004
Princess Caroline of Monaco who had, at some time, received considerable attention in the media throughout Europe, complained at the publication of photographs taken of her withour her permission.
Held: There was no doubt that the publication . .
Cited – Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .
Cited – Secretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
Cited – Fressoz and Roire v France ECHR 21-Jan-1999
Le Canard Enchaine published the salary of M Calvet, the chairman of Peugeot, (which was publicly available information) and also, by way of confirmation, photographs of the relevant part of his tax assessment, which was confidential and could not . .
Cited – Ash and Another v McKennitt and others CA 14-Dec-2006
The claimant was a celebrated Canadian folk musician. The defendant, a former friend, published a story of their close friendship. The claimant said the relationship had been private, and publication infringed her privacy rights, and she obtained an . .
Cited – McKennitt and others v Ash and Another QBD 21-Dec-2005
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures.
Held: . .
Cited – London Regional Transport, London Underground Limited v Mayor of London Transport for London CA 24-Aug-2001
The claimants sought an interlocutory injunction restraining the defendants from publishing a report in breach of a contractual duty of confidence. This was granted but then discharged on the defendant undertaking only to publish a redacted version. . .
Cited – Frisbee v Campbell CA 14-Oct-2002
The claimant sought an account against her former employee for the disclosures made by her of their activities. The respondent had signed a confidentiality agreement. The respondent counterclaimed for assault. She now appealed from dismissal of her . .
Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Criticised – Hosking and Hosking v Simon Runting and Another 25-Mar-2004
(Court of Appeal of New Zealand) A photographer was commissioned to take photographs of the children of a well known television personality. He took pictures of Mr Hosking’s eighteen month old twins being pushed down a street by their mother. Mr and . .
Cited – Editions Plon (Societe) v France ECHR 18-May-2004
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 10 with regard to the interim injunction ; Violation of Art. 10 with regard to the permanent injunction ; Pecuniary damage – claim rejected ; . .

Cited by:

Cited – Lord Browne of Madingley v Associated Newspapers Ltd CA 3-Apr-2007
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his . .
Cited – RST v UVW QBD 11-Sep-2009
The applicant sought an interim and without notice injunction preventing the defendant from disclosing confidential information covered by an agreement between the parties.
Held: The order was made on a without notice application because there . .
Cited – CTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
A leading footballer had obtained an injunction restraining the defendants from publishing his identity and allegations of sexual misconduct. The claimant said that she had demanded money not to go public.
Held: It had not been suggested that . .
Cited – ABC and Others v Telegraph Media Group Ltd CA 23-Oct-2018
Human Rights balance in favour of Interim order
The Claimants, now Appellants sought an injunction to prevent the Defendant, from publishing what they say is confidential information about them which was disclosed in breach of confidence.
Held: The claimant’s appeal succeeded. The court . .
Cited – ZXC v Bloomberg Lp CA 15-May-2020
Privacy Expecation during police investigations
Appeal from a judgment finding that the Defendant had breached the Claimant’s privacy rights. He made an award of damages for the infraction of those rights and granted an injunction restraining Bloomberg from publishing information which further . .
Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
Lists of cited by and citing cases may be incomplete.

Media, Intellectual Property, Human Rights

Updated: 21 July 2022; Ref: scu.247599

Hassan v Council and Commission: ECFI 12 Jul 2006

ECJ Common foreign and security policy – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Competence of the Community – Freezing of funds – Fundamental rights – Jus cogens – Review by the Court – Action for annulment and damages.

Citations:

T-49/04, [2006] EUECJ T-49/04

Links:

Bailii

Jurisdiction:

European

Criminal Practice, Human Rights

Updated: 21 July 2022; Ref: scu.243089

Forbes v Secretary of State for the Home Department: CA 11 Jul 2006

The defendant had been placed on the sex offenders’ register on conviction for fraudulent evasion of prohibitions on importing goods, by importing indecent photographs of children. He had maintained that he had not known of the exact nature of the content.
Held: The objective of the notification requirements was the protection of children, and was both an elementary requirement, and one required under international convention. The offence was not an absolute one, but to require exact knowledge of the contents imported would nullify the section. The notification requirement did not infringe the appellant’s human rights: ‘the extent of the interference with the rights of an individual responsible for a prohibited importation of indecent material involving children who becomes subject to the statutory notification requirements is not disproportionate. ‘

Judges:

Igor Judge P

Citations:

[2006] EWCA Civ 962, Times 11-Aug-2006, [2006] 1 WLR 3075

Links:

Bailii

Statutes:

Sex Offenders Act 1997, European Convention on Human Rights, Customs and Excise management Act 1979 172(b)

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Forbes (Giles) HL 20-Jul-2001
The defendant had been convicted of evading a prohibition on importing articles of an obscene or indecent nature. He had been unaware of whether the articles were indecent images of children, or otherwise obscene images. Since the provisions which . .
Cited – Adamson v United Kingdom ECHR 1999
The Court considered whether the notification requirements of the UK sex offenders’ registration scheme constitute a penalty for the purposes of Article 7 or infringed the applicant’s rights under Article 8.
Held: They did not. As to article . .
Cited – Jackson and others v Attorney General HL 13-Oct-2005
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of . .
Cited – Regina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
Adopted – Gallagher, Re an Application By for Judicial Review QBNI 9-Apr-2003
The applicant had been convicted of offences of indecent assault. He contended that the notification requirements of the 1997 Act infringed his rights under Article 8.
Held: The court rejected the claim: ‘The task of deciding whether the . .

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

Criminal Sentencing, Human Rights

Updated: 21 July 2022; Ref: scu.243070

Regina v Local Authority and Police Authority in the Midlands ex parte LM: 2000

The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an allegation of indecent assault on the applicant’s daughter and of an earlier allegation of abuse when he had been employed by social services. The applicant had no criminal convictions and had never been cautioned or bound over. The defendant argued ‘that the requirement for a ‘pressing need’ was not in point because the disclosure of the allegations ‘would not interfere with [the applicant’s] private life at all’.
Held: The court identified three factors to be considered: ‘(i) Its [viz. the discloser’s] own belief as to the truth of the allegation. The greater the conviction that the allegation is true, the more pressing the need for disclosure . .
(ii) The interest of the third party in obtaining the information. The more intense the legitimacy of the interest in the third party in having the information, the more pressing the need to disclose is likely to be . .
(iii) The degree of risk posed by the person if disclosure is not made . .’
and ‘The disclosure, if made, would obviously interfere with his right to a private life . . Disclosure of allegations of child sex abuse is on the face of it a substantial interference with a person’s right to a private life.’
and ‘In my view, the guiding principles for the exercise of the power to disclose in the present case are those enunciated in [AB]. Each of the respondent authorities had to consider the case on its own facts. A blanket approach was impermissible. Having regard to the sensitivity of the issues raised by the allegations of sexual impropriety made against LM, disclosure should only be made if there is a ‘pressing need’. Disclosure should be the exception, and not the rule. That is because the consequences of disclosure of such information for the subject of the allegations can be very damaging indeed.’

Judges:

Dyson J

Citations:

[2000] 1 FCR 736, [2000] 1 FLR 612

Statutes:

Employment Rights Act 1996 111

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (X) v Chief Constable of West Midlands Police CA 30-Jul-2004
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
Cited – L, Regina (on the Application of) v Commissioner of Police of the Metropolis Admn 19-Mar-2006
The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising . .
Cited – Dr D, Regina (on the Application of) v Secretary of State for Health CA 19-Jul-2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the . .
Cited – L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA 1-Mar-2007
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity.
Held: As to the meaning of section 115: ‘if Parliament . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 21 July 2022; Ref: scu.242941

X v Netherlands: ECHR 1974

(Comission) A child asserted her right to live where she pleased.
Held: The state has an obligation to provide for its children to live with their parents in normal circumstances: ‘As a general proposition, and in the absence of any special circumstances, the obligation of children to reside with their parents and to be otherwise subjected to particular control is necessary for the protection of children’s health and morals although it might constitute, from a particular child’s point of view, an interference with his or her own private life’.

Citations:

(1974) 2 DR 118

Statutes:

European Convention on Human Rights 88

Jurisdiction:

Human Rights

Cited by:

Cited – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 21 July 2022; Ref: scu.238337

Ackroyd v Mersey Care NHS Trust: CA 16 May 2003

The journalist was required to provide the source of his material. In an earlier hearing the newspaper had been ordered to disclose the name of its source, the journalist. The claimant obtained summary judgement, which the journalist now appealed.
Held: The issues which might be put up at trial by the appellant could be different from those raised by the newspaper in the first action, and it was wrong to assume he might not have a defence. Although he might face real difficulties in defending, it would be wrong to say he did not have a real prospect of defending. The protection of journalistic sources is a fundamental of a democratic society. Appeal against summary judgment allowed.
‘Protection of journalistic sources is one of the basic conditions for press freedom in a democratic society. An order for source disclosure cannot be compatible with Article 10 of the European Convention unless it is justified by an overriding requirement in the public interest. Although there is a clear public interest in preserving the confidentiality of medical records, that alone cannot, in my view, be automatically regarded as an overriding requirement without examining the facts of a particular case. It would be an exceptional case indeed if a journalist were ordered to disclose the identity of his source without the facts of his case being fully examined. I do not say that literally every journalist against whom an order for source disclosure is sought should be entitled to a trial. But the nature of the subject matter argues in favour of a trial in most cases.’

Judges:

Ward, May, Carnwath LJJ

Citations:

[2003] EWCA Civ 663, Times 21-May-2003, Gazette 17-Jul-2003, [2003] EMLR 36

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Ashworth Security Hospital v MGN Limited HL 27-Jun-2002
Order for Journalist to Disclose Sources
The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have . .
Appeal from – Ackroyd v Mersey Care NHS Trust 18-Oct-2002
The medical records of a patient at the hospital had been provided by an employee to a journalist who then provided a story to the Mirror. An order had been made for the Mirror to disclose the source. An application was now made against the . .

Cited by:

See Also – Mersey Care NHS Trust v Ackroyd QBD 7-Feb-2006
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
Cited – Mersey Care NHS Trust v Ackroyd CA 21-Feb-2007
The defendant journalist had published confidential material obtained from the claimant’s secure hospital at Ashworth. The hospital now appealed against the refusal of an order for him to to disclose his source.
Held: The appeal failed. Given . .
Cited – Financial Times Ltd and Others v The United Kingdom ECHR 15-Dec-2009
The claimants said that an order that they deliver up documents leaked to them regarding a possible takeover violated their right to freedom of expression. They complained that such disclosure might lead to the identification of journalistic . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 21 July 2022; Ref: scu.182333

A v United Kingdom: ECHR 1980

The Commission declared admissible a complaint from a Broadmoor patient who had been secluded for five weeks after a fire. A friendly settlement was reached, without admission of liability but on the basis that new guidelines for the use of seclusion would be issued, as indeed they were.

Citations:

(1980) 3 EHRR 131

Jurisdiction:

Human Rights

Cited by:

Cited – Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested; CA 16-Jul-2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion.
Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Health, Prisons

Updated: 21 July 2022; Ref: scu.185209

Regina v Ashworth Special Hospital Trust, ex parte Munjaz: 10 Oct 2000

The claimant was detained iin a secure mental hospital. He complained of being held in seclusion for a long period, and as to the hospital’s policy.
Held: The hospital’s policy, by reducing the frequency of review of a patient’s seclusion below that provided for in the Code of Practice, was unlawful and was not justified by the fact that the hospital was a maximum secure hospital. In particular, the failure after the third day of seclusion to have twice-daily medical reviews of the continuation of seclusion was not justified.
The Code of Practice for Seclusions issued under the Act was directed at all seclusions, including those lasting more than three days. A departure would be lawful only if justified by ‘a good reason arising from the particular circumstances at Ashworth hospital. There was no justification for abandoning the requirement that one of the nurses reviewing the seclusion was not involved in the original decision to seclude, which should apply ‘where practicable’. The policy of reducing medical reviews to one per day was too great a departure from the Code but twice daily reviews after the patient had been secluded for three days would be appropriate. He granted a declaration that ‘a. the Ashworth Special Hospital Authority Seclusion Procedure is unlawful in that it does not require one of the nurses who carries out the 2 hourly review to be independent from the initial decision to seclude, and that it reduces the frequency of review by a doctor after a patient has been secluded for more than 24 hours b. the Ashworth Special Hospital Authority Seclusion Guidance at paragraph 6.8.1. is unlawful for the reasons set out at Part 3 of the judgment.’

Judges:

Jackson J

Citations:

[2000] MHLR 183

Statutes:

Mental Health Act 1983

Jurisdiction:

England and Wales

Cited by:

See Also – Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested; CA 16-Jul-2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion.
Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not . .
See Also – Regina v Ashworth Hospital Authority, Ex parte Munjaz (No 2) Admn 5-Jul-2002
The court dismissed the claimant’s complaint that the seclusion policies operated at Ashworth Special Hospital infringed his human rights. The Special Hospitals operated policies for seclusion which differed from the Code of Practice laid down under . .
See Also – 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 . .
First case – C Munjaz v United Kingdom ECHR 20-Mar-2008
The applicant complained of his seclusion whilst being detaned at a secure mental hospital.
Held: The court referred several questions back to the parties to be answered. . .
First case – Munjaz v The United Kingdom ECHR 17-Jul-2012
The applicant was detained in a secure mental hospital. He complained that he had been held in seclusion.
Held: The complaints under articles 5 and 8 were admissible, but there had been no violation of the applicant’s rights in these . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 21 July 2022; Ref: scu.185206

YF v Turkey: ECHR 22 Jul 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings

Citations:

24209/94, [2003] ECHR 391, (2004) 39 EHRR 34

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Cited by:

Cited – Re 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 . .
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 – MAK and RK v The United Kingdom ECHR 23-Mar-2010
mak_ukECHR10
When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent.
Held: The doctor had . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 21 July 2022; Ref: scu.185142

Lamguindaz v The United Kingdom: ECHR 23 Jun 1993

There was no need for the court to determine the issue of whether there had been a breach of the convention after a friendly settlement
Hudoc Struck out of the list (friendly settlement)

Citations:

Times 11-Aug-1993, 16152/90, [1993] ECHR 26

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 21 July 2022; Ref: scu.165268

Kopecky v Slovakia: ECHR 7 Jan 2003

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award

Citations:

44912/98, (2004) 41 EHRR 944, [2003] ECHR 3

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Cited by:

See Also – Kopecky v Slovakia ECHR 28-Sep-2004
(Grand Chamber) The court said of the practice of the Convention institutions under A1 P1: ‘An applicant can allege a violation of article 1 of Protocol 1 only in so far as the impugned decisions related to his ‘possessions’ within the meaning of . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 21 July 2022; Ref: scu.178637

Lehideux And Isorni v France: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings

Citations:

[1998] ECHR 90, 24662/94

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Cited by:

Cited – Callaghan v Independent News and Media Ltd QBNI 7-Jan-2009
callaghan_inmQBNI2009
The claimant was convicted in 1987 of a callous sexual murder. He sought an order preventing the defendant newspaper publishing anything to allow his or his family’s identification and delay his release. The defendant acknowledged the need to avoid . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 21 July 2022; Ref: scu.165666

Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established doctrine of reasonableness.
Held: The Convention was not part of UK law, and the words of the Act were clear and prevailed, though in a case of ambiguity, the court may have regard to the treaty obligations of the United Kingdom in seeking to resolve that ambiguity. In resolving ambiguities in domestic legislation the Courts presume that Parliament intended to legislate in conformity with the Convention, not in conflict with it.
The restrictions imposed were necessary in the public interest in combating terrorism. The courts, when adjudicating upon an application for judicial review of a ministerial decision, may have regard to a ministerial statement made in Parliament. Wednesbury reasonableness and proportionality are different. For decisions infringing fundamental rights, unreasonableness is not equated with ‘absurdity’ or ‘perversity’, and a lower threshold of unreasonableness is used: ‘whether a reasonable Secretary of State, on the material before him, could conclude that the interference with freedom of expression was justifiable.’ When testing a decision of a lower court: ‘… A less emotive but, subject to one qualification, reliable test is to ask, ‘Could a decision-maker acting reasonably have reached this decision?’ The qualification is that the supervising court must bear in mind that it is not sitting on appeal, but satisfying itself as to whether the decision-maker has acted within the bounds of his discretion. For that reason it is ‘fallacious for those seeking to quash administrative acts and decisions to call in aid decisions of a Court of Appeal reversing a judge’s finding, it may be on a question of what is reasonable. To say what is reasonable was the judge’s task in the first place and the duty of the Court of Appeal, after giving due weight to the judge’s opinion, is to say whether they agree with him. In judicial review, on the other hand, the task of the High Court is as described above, and the task of the Court of Appeal and, when necessary, this House is to decide whether the High Court has correctly exercised its supervisory jurisdiction.’

Judges:

Lord Bridge of Harwich, Lord Lowry

Citations:

[1991] 1 AC 696, [1991] 2 WLR 588, [1991] UKHL 4, [1991] 1 All ER 720

Links:

Bailii

Statutes:

Broadcasting Act 1991 29, European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Explained – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Affirmed – Maclaine Watson and Co Ltd v International Tin Council HL 2-Jan-1989
The International Tin Council was a body constituted by an international treaty not incorporated into law in the United Kingdom. The ITC was also created a legal person in the United Kingdom by article 5 1972 Order.
Held: As a legal person in . .

Cited by:

Applied – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Cited – The Association of British Civilian Internees – Far Eastern Region (ABCIFER) v Secretary of State for Defence CA 3-Apr-2003
The association sought a judicial review of a decision not to pay compensation in respect of their or their parents or grandparents’ internment by the Japanese in the Second World War. Payment was not made because those interned were not born in . .
Cited – British Medical Association v Chaudhary CA 15-May-2003
The claimant had sought registration as a specialist medical practitioner by the respondent. His complaint that the crtiria used to reject his claim were discriminatory had been rejected by the employment tribunal and EAT on the basis that they had . .
Cited – MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School HL 19-Jun-2003
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation.
Held: The court should start by asking what gave rise to the act complained of. In this case it was the . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Cited – Regina v Secretary of State for Home Department ex parte Turgut CA 28-Jan-2000
When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European . .
Cited – Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
Cited – Office of Fair Trading and others v IBA Health Limited CA 19-Feb-2004
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties . .
Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Cited – Regina v Braintree District Council ex parte Halls Admn 2-Jul-1999
Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant . .
Cited – Regina v Criminal Injuries Compensation Board ex parte Pearson Admn 11-May-1999
The claimant sought judicial review of the Board’s decision to restrict his award by two thirds for his previous driving convictions of driving with excess alcohol and driving whilst disqualified.
Held: The Board’s decision was for them. There . .
Cited – Jennings v Buchanan PC 14-Jul-2004
(New Zealand) (Attorney General of New Zealand intervening) The defendant MP had made a statement in Parliament which attracted parliamentary privilege. In a subsequent newspaper interview, he said ‘he did not resile from his claim’. He defended the . .
Cited – Al-Fayed and others v Commissioner of Police of the Metropolis and others CA 25-Nov-2004
The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr . .
Cited – Occidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Cited – Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 21-Feb-2007
The claimant had lost his company pension and complained that the respondent had refused to follow the recommendation of the Parliamentary Commissioner for Administration that compensation should be paid.
Held: The court should not rely on . .
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 . .
Explained – Regina v Secretary of State for the Environment, Ex parte NALGO CA 1992
Neill LJ explained article 8 of the Convention in the light of Brind: ‘(1) Article 10 is not part of English domestic law. It is therefore not necessary for the Minister when exercising an administrative decision conferred on him by Parliament to . .
Cited – Grimsby Institute of Further and Higher Education, Regina (on The Application of) v Learning and Skills Council Admn 12-Aug-2010
The applicant had applied to the respondent for funding for new buildings. The application was approved, but the application was rejected when the respondent ran out of funds. The claimant said that a legitimate expectation had been created, and . .
Cited – Kelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
Cited – Regina v Bow County Court Ex parte Pelling QBD 8-Mar-1999
Mr Pelling sought to act as a McKenzie friend. On being refused he sought judicial review of he decision to exclude him.
Held: Review was refused. A McKenzie friend has himself no locus to challenge a decision by a county court judge not to . .
Cited – SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
Lists of cited by and citing cases may be incomplete.

Administrative, Media, Human Rights, Judicial Review

Updated: 21 July 2022; Ref: scu.180649