Category: Human Rights

Weber and Saravia v Germany: ECHR 29 Jun 2006

(Admissibility) ‘The first applicant is a freelance journalist who works for various German and foreign newspapers, radio and television stations on a regular basis. In particular, she investigates matters that are subject to the surveillance of the Federal Intelligence Service, notably armaments, preparations for war, drug and arms trafficking and money laundering. In order to carry out her investigations, she regularly travels to different countries in Europe and South and Central America, where she also meets the persons she wants to interview.
The second applicant, an employee of Montevideo City Council, submitted that he took messages for the first applicant when she was on assignments, both from her telephone and from his own telephone. He then transmitted these messages to wherever she was.’ They alleged that certain provisions of the Fight against Crime Act amending the G 10 Act disregarded their fundamental rights, notably the right to secrecy of telecommunications, the right to self-determination in the sphere of information, freedom of the press and the right to effective recourse to the courts.
‘In its case-law on secret measures of surveillance, the Court has developed the following minimum safeguards that should be set out in statute law in order to avoid abuses of power: (1) the nature of the offences which may give rise to an interception order; (2) a definition of the categories of people liable to have their telephones tapped; (3) a limit on the duration of telephone tapping; (4) the procedure to be followed for examining, using and storing the data obtained; (5) the precautions to be taken when communicating the data to other parties; and (6) the circumstances in which recordings may or must be erased or the tapes destroyed.’

Judges:

Zupancic P

Citations:

(2008) 46 EHRR SE5, [2006] ECHR 1173, 54934/00

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

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 – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
Cited – Privacy International, Regina (on The Application of) v Investigatory Powers Tribunal and Others SC 15-May-2019
The Court was asked whether the actions of the Investigatory Powers Tribunal were amenable to judicial review: ‘what if any material difference to the court’s approach is made by any differences in context or wording, and more particularly the . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 23 November 2022; Ref: scu.278521

Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008

The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim on the basis that the child did not have a right of privacy in a public place.
Held: The claimant had an arguable case, and it should proceed to trial. The action was intended to protect the child, and ‘The child has his own right to respect for his privacy distinct from that of his parents.’ and ‘it is at least arguable that D had a reasonable expectation of privacy. The fact that he is a child is in our view of greater significance than the judge thought. The courts have recognised the importance of the rights of children in many different contexts and so too has the international community’
‘If the photographs had been taken . . to show the scene in a street by a passer-by and later published as street scenes, that would be one thing, but they were not taken as street scenes but were taken deliberately, in secret and with a view to their subsequent publication. They were taken for the purpose of publication for profit, no doubt in the knowledge that the parents would have objected to them.’
Sir Anthony Clarke MR said: ‘so far as the relevant principles to be derived from Campbell are concerned, they can we think be summarised in this way. The first question is whether there is a reasonable expectation of privacy. This is of course an objective question. The nature of the question was discussed in Campbell. Lord Hope emphasised that the reasonable expectation was that of the person who is affected by the publicity. He said: ‘The question is what a reasonable person of ordinary sensibilities would feel if she was placed in the same position as the claimant and faced with the same publicity.’ We do not detect any difference between Lord Hope’s opinion in this regard and the opinions expressed by the other members of the appellate committee.
As we see it, the question of whether there is a reasonable expectation of privacy is a broad one, which takes account of all the circumstances of the case. They include the attributes of the claimant, the nature of the activity in which the claimant was engaged, the place at which it was happening, the nature and purpose of the intrusion, the absence of consent and whether it was known or could be inferred, the effect on the claimant and the circumstances in which and the purposes for which the information came into the hands of the publisher.’

Judges:

Sir Anthony Clarke MR, Laws, Thomas LJJ

Citations:

[2008] EWCA Civ 446, [2008] 3 WLR 1360, [2008] HRLR 33, [2008] UKHRR 736, [2008] 2 FLR 599, [2008] 3 FCR 661, [2008] ECDR 12, [2008] EMLR 1, [2008] Fam Law 732, [2009] Ch 481

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – R (Mrs) v Central Independent Television Plc CA 17-Feb-1994
The court did not have power to stop a TV program identifying a ward of court, but which was not about the care of the ward. The first instance court had granted an injunction in relation to a television programme dealing with the arrest and the . .
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 – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – MGN Ltd v Attard 19-Oct-2001
Complaint was made about the publication of photographs of the survivor of conjoined twins who was only one year old. The photographs were taken in a street in Malta but followed the earlier publication of photographs and press articles based on . .
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 – 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 – 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 – 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 – Sciacca v Italy ECHR 11-Jan-2005
The court was asked whether the applicant’s rights under Article 8 had been infringed by the release to the press of an identity photograph taken of her by the Italian Revenue Police while she was under arrest and investigation for various criminal . .
Appeal from – 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 by:

Cited – Wood v Commissioner of Police for the Metropolis Admn 22-May-2008
The claimant challenged the right of police officers to take his photograph as he attended an annual general meeting of Reed Elsevier Plc. He was a campaigner against the arms trade, but had always acted lawfully. The company noted the purchase of . .
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 – Wood v Commissioner of Police for the Metropolis CA 21-May-2009
The appellant had been ostentatiously photographed by the police as he left a company general meeting. He was a peaceful and lawful objector to the Arms Trade. He appealed against refusal of an order for the records to be destroyed. The police had . .
Cited – Attorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order HL 17-Jun-2009
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order . .
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 – 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 – TSE and ELP v News Group Newspapers Ltd QBD 23-May-2011
The claimants had obtained an injunction preventing publication of details of their private lives and against being publicly named. The newspaper had not attempted to raise any public interest defence. Various publications had taken place to breach . .
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 – Weller and Others v Associated Newspapers Ltd CA 20-Nov-2015
The three children of a musician complained of the publication of photographs taken of them in a public place in California. . .
Cited – OPO v MLA and Another QBD 18-Jul-2014
A boy now sought an interim injunction to restrain his father, the defendant classical musician, from publishing his autobiography which mentioned him. The book would say that the father had suffered sexual abuse as a child at school.
Held: . .
Cited – Mezvinsky and Another v Associated Newspapers Ltd ChD 25-May-2018
Choice of Division and Business Lists
Claim that the publication of pictures of the young children of the celebrity claimants had been published by the defendant on-line without consent and without pixelation, in breach of their human rights, of data protection, and right to privacy. . .
Cited – Richard v The British Broadcasting Corporation (BBC) and Another ChD 18-Jul-2018
Police suspect has outweighable Art 8 rights
Police (the second defendant) had searched the claimant’s home in his absence in the course of investigating allegations of historic sexual assault. The raid was filmed and broadcast widely by the first defendant. No charges were brought against the . .
Cited – ZC v Royal Free London NHS Foundation Trust QBD 26-Jul-2019
Defamation/privacy claims against doctors failed
The claimant, seeking damages for alleged defamation, now asked for the case to be anonymised.
Held: The conditions for anonymisation were not met. The anonymity would be retained temporarily until any time for appeal had passed.
As to . .
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 . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 23 November 2022; Ref: scu.267551

Palau Martinez v France: ECHR 16 Dec 2003

A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the mother’s religious practices and was discriminatory; although the protection of the children was a legitimate aim, there was, in the view of the Strasbourg court, no reasonably proportionate relationship between the means employed and the legitimate aim being pursued.

Citations:

64927/01, [2003] ECHR 688, [2003] ECHR 693, (2005) 41 EHRR 9, [2004] 2 FLR 810

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Palau Martinez v France ECHR 15-Sep-2010
. .
Cited – Johns and Another, Regina (on The Application of) v Derby City Council and Another Admn 28-Feb-2011
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 23 November 2022; Ref: scu.277274

Kennedy v United Kingdom: ECHR 20 Nov 2008

Citations:

26839/05, [2008] ECHR 1575

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Kennedy v United Kingdom ECHR 18-May-2010
The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a campaigner against police abuse. His requests to . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 23 November 2022; Ref: scu.278455

NCF and AG v Italy: 1995

The Commission held the application inadmissible on the ground, among others, that article 6 should be interpreted with due regard to parliamentary and diplomatic immunities as traditionally recognised. In the absence of any directly relevant authority to the contrary.

Citations:

[1995] 111 ILR 154

Jurisdiction:

England and Wales

Cited by:

Cited – Holland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 23 November 2022; Ref: scu.244797

Gezer, Regina (on the Application of) v Secretary of State for the Home Department: Admn 14 Apr 2003

Judges:

Moses J

Citations:

[2003] EWHC 860 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Gezer v Secretary of State for Home Department and others CA 2-Apr-2004
Application adjourned pending decision of House of Lords . .
Appeal from – Gezer v Secretary of State for the Home Department CA 17-Dec-2004
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration, Benefits

Updated: 23 November 2022; Ref: scu.185315

A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002

The applicant challenged regulations brought in by the respondent providing for foreigners suspected of terrorism to be detained where a British national suspect would not have been detained. The respondent had issued a derogation from the Convention for this purpose.
Held: The people detained were those who could not be returned to their own country for fear of persecution. The reasons for detention were ones of suspicion only. The order was discriminatory, but was set against a background of a national emergency following the terrorist attacks in September 2001. A court should be careful before seeking to challenge a conclusion of the Respondent relating to matters of national security. A non-national did not enjoy the same rights as a national. The discrimination was real but not unjustified. Proceedings before the Special Immigration Appeals Commission are not criminal proceedings for the purposes of Article 6. The result is that Article 6 (2) and (3) do not apply.

Judges:

Woolf, LCJ, Brooke, Chadwick LLJ

Citations:

Times 29-Oct-2002, Gazette 28-Nov-2002, [2002] EWCA Civ 1502, [2004] QB 335

Links:

Bailii

Statutes:

European Convention on Human Rights Art 15, Human Rights Act 1998 (Designated Derogation) Order 2001 (2001 No 3644), Terrorism Act 2001

Jurisdiction:

England and Wales

Citing:

Cited – Chahal v The United Kingdom ECHR 15-Nov-1996
Proper Reply Opportunity Required on Deportation
(Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of . .
Appeal from – A, X and Y, and others v Secretary of State for the Home Department SIAC 30-Jul-2002
The applicants challenged their detention without trial as foreign nationals suspected of terrorist associations. The Home Secretary considered ‘that the serious threats to the nation emanated predominantly (albeit not exclusively) and more . .

Cited by:

Cited – A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department CA 11-Aug-2004
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence . .
Appealed to – A, X and Y, and others v Secretary of State for the Home Department SIAC 30-Jul-2002
The applicants challenged their detention without trial as foreign nationals suspected of terrorist associations. The Home Secretary considered ‘that the serious threats to the nation emanated predominantly (albeit not exclusively) and more . .
Appeal from – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
Cited – MB, Re, Secretary of State for the Home Department v MB Admn 12-Apr-2006
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq.
Held: The section allowed the Secretary of State to impose any necessary conditions, but . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 23 November 2022; Ref: scu.177834

Drummond v Regina: CACD 7 Mar 2002

The appellant had been convicted of causing death by careless driving with excess alcohol. He said that he had taken alcohol after stopping driving but before being tested. He challenged the weight of the burden of proof ascribed by the statute. The judge had directed the jury that he faced a persuasive burden of establishing that he would not have been over the limit. He said this infringed the assumption of innocence.
Held: Any restriction on the presumption of innocence must be justified. The offence differs from those previously considered in that the test is not as to the intention of the accused, but as to the results of a scientific test. Any inexactness in the scientific test will work in favour of the accused, it is the accused who has done something, by drinking after an accident, to make the scientific test less reliable, and it is within the control of the defendant to say how much he had drunk. The interference with the defendant’s human rights was reasonable and no more than was necessary.

Judges:

His Honour Judge Mckinnon

Citations:

[2002] EWCA Crim 527, [2002] RTR 21, [2002] 2 Cr App Rep 25, [2002] Crim LR 666

Links:

Bailii

Statutes:

Road Traffic Act 1988 3A, Road Traffic Offenders Act 1988 15, European Convention on Human Rights Art 6(2)

Jurisdiction:

England and Wales

Citing:

Cited – Salabiaku v France ECHR 7-Oct-1988
A Zairese national living in Paris, went to the airport to collect, as he said, a parcel of foodstuffs sent from Africa. He could not find this, but was shown a locked trunk, which he was advised to leave alone. He however took possession of it, . .
Cited – Attorney General of Hong Kong v Lee Kwong-Kut PC 1993
(Hong Kong) In order to maintain the balance between the individual and the society as a whole, rigid and inflexible standards should not be imposed on the legislature’s attempts to resolve the difficult and intransigent problems with which society . .
Cited – Attorney General of the Caymen Islands and others v Even Wahr-Hansen PC 26-Jun-2000
(Caymen Islands) A memorandum of agreement that proceeds of a trust fund should be paid to ‘any one or more religious, charitable or educational institutions . . or . . operating for the public good’ was not charitable since it the objects were not . .

Cited by:

Cited – Director of Public Prosecutions, Regina (on the Application Of) v Chambers Admn 25-Jul-2003
The prosecutor appealed dismissal of charges of driving with excess alcohol. The defendant had admited driving, but said she had consumed alcohol in the twenty minutes between driving and the police coming to her home. Expert evidence had been . .
Lists of cited by and citing cases may be incomplete.

Crime, Road Traffic, Human Rights

Updated: 23 November 2022; Ref: scu.167728

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 disclose all relevant evidence to the defence. In this case the material which the prosecution sought to keep secret had not been relied upon in evidence, and the witness whom the defence had wished to cross examine had been examined by the judge in private. Voice samples which had been obtained without consent and were used to link recordings were to be treated in ways similar to other samples such as blood and hair and other objective physical samples.
‘The Court also notes that the material which was not disclosed in the present case formed no part of the prosecution case whatever, and was never put to the jury. The fact that the need for disclosure was at all times under assessment by the trial judge provided a further, important safeguard in that it was his duty to monitor throughout the trial the fairness or otherwise of the evidence being withheld. It has not been suggested that the judge was not independent and impartial within the meaning of Article 6-1. He was fully versed in all the evidence and issues in the case and in a position to monitor the relevance to the defence of the withheld information both before and during the trial’.
As to the scope of Article 8: ‘Private life is a broad term not susceptible to exhaustive definition. The Court has already held that elements such as gender identification, name and sexual orientation and sexual life are important elements of the personal sphere protected by Article 8. The Article also protects a right to identity and personal development, and the right to establish relationships with other human beings and the outside world . . There is, therefore, a zone of interaction of a person with others, even in a public context, which may fall within the scope of ‘private life.’ There are a number of elements relevant to a consideration of whether a person’s private life is concerned in measures effected outside a person’s home or private premises. Since there are occasions when people knowingly or intentionally involve themselves in activities which are or may be recorded or reported in a public manner, a person’s reasonable expectations as to privacy may be a significant, though not necessarily conclusive, factor. A person who walks down the street will, inevitably, be visible to any member of the public who is also present. Monitoring by technological means of the same public scene (for example a security guard viewing through closed circuit television) is of a similar character. Private-life considerations may arise, however, once any systematic or permanent record comes into existence of such material from the public domain. It is for this reason that files gathered by security services on a particular individual fall within the scope of article 8, even where the information has not been gathered by any intrusive or covert method.’

Judges:

J-P Costa, President, and Judges W. Fuhrmann, P. Kuris, F. Tulkens, K. Jungwiert, Sir Nicolas Bratza and K. Traja Section Registrar S. Doll

Citations:

[2001] Po LR 325, [2002] Crim LR 308, (2008) 46 EHRR 51, Times 19-Oct-2001, 44787/98, [2001] ECHR 550, [2001] ECHR 44787/98, ECHR 2001 IX

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6 8

Jurisdiction:

Human Rights

Cited by:

Cited – Regina v H; Regina v C HL 5-Feb-2004
Use of Special Counsel as Last Resort Only
The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications.
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 – X v Y (Employment: Sex Offender) CA 28-May-2004
The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and . .
Cited – Countryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market . .
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 – 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 – Wood v Commissioner of Police for the Metropolis Admn 22-May-2008
The claimant challenged the right of police officers to take his photograph as he attended an annual general meeting of Reed Elsevier Plc. He was a campaigner against the arms trade, but had always acted lawfully. The company noted the purchase of . .
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 – 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 – Kinloch v Her Majesty’s Advocate SC 19-Dec-2012
The appellant said that the police officers had acted unlawfully when collecting the evidence used against him, in that the information used to support the request for permission to undertake clandestine surveillance had been insufficiently . .
Cited – Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis SC 4-Mar-2015
Police Data Retention Justifiable
The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T . .
Cited – 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 – 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 23 November 2022; Ref: scu.166627

A and Others v The Metropolitan Police Service: IPT 2 Nov 2006

The Tribunal examined whether alleged interception could have been made lawful by authorisation under the Regulation of Investigatory Powers Act or the Telecommunications (Lawful Business Practice) Regulations 2000.

Citations:

[2006] UKIPTrib 02 – 15

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 22 November 2022; Ref: scu.525993

N v The Police: IPT 2 Dec 2009

This Ruling found that there was an interference with privacy contrary to Article 8 in respect of the use directed surveillance by using existing public CCTV. The decision to authorise surveillance had taken place after the Crown Prosecution Service had taken the decision not to prosecute the Complainant. The subsequent decision on remedies ordered that the CCTV recording should be destroyed and a declaration should be made that there was a breach of the Complainant’s Article 8 rights.

Citations:

[2009] UKIPTrib 07 – 02

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 22 November 2022; Ref: scu.525987

LG, Regina (on the Application of) v Tom Hood School; Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others: Admn 2 Mar 2009

The claimant sought judicial review of the decision to confirm his exclusion from the school, arguing that his exclusion engaged his article 6 rights.
Held: The application failed. The decision to exclude a student from a particular school did not engage his article 6 rights. The panel proceedings were not either to be classified as criminal proceedings.

Judges:

Silber J

Citations:

[2009] EWHC 369 (Admin), Times 18-Mar-2009, [2009] ACD 47, [2009] ELR 248, [2009] BLGR 691

Links:

Bailii

Statutes:

Education (Pupil Exclusion and Appeals) (Maintained Schools) (England) Regulation 2002 (SI 2002/3178) 7A, European Convention on Human Rights 6

Jurisdiction:

England and Wales

Education, Human Rights

Updated: 22 November 2022; Ref: scu.311769

SRM Global Master Fund Lp and Others, Regina (on the Applications of) v The Commissioners of Her Majesty’s Treasury: Admn 13 Feb 2009

The claimant alleged that the methods chosen for the nationalisation of Northern Rock plc infringed its human rights in providing unfair compensation.
Held: The claim was dismissed. The provision made by the 2008 Act did not infringe the claimants’ human rights to peaceful enjoyment of their possessions. The assumptions underlying the compensation scheme provided in the Act were not unfair. The state having already financially supported the bank in securing its debts to its customers could not have an additional duty to protect the interests of its shareholders.

Judges:

Stanley Burnton LJ, Silber J

Citations:

[2009] EWHC 227 (Admin), [2009] BCC 251, [2009] UKHRR 712, [2009] WLR (D) 55, WLRD 13-Feb-2009

Links:

Bailii

Statutes:

European Convention on Human Rights, Banking (Special Provisions) Act 2008 5(4) 9(2)

Jurisdiction:

England and Wales

Banking, Human Rights

Updated: 22 November 2022; Ref: scu.293921

Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another: CA 24 Oct 2007

Where it was proposed to provisionally list care workers as been prevented from undertaking work with vulnerable adults or children, that worker should be given opportunity to make representations first. Provisional listing did engage article 6, but that a breach could be avoided by giving the care worker a right to make representations before being placed on the list. This could be catered for under section 3(1) of the Human Rights Act 1998 by a declaration that section 82(4) was to be read and given effect by reading in the words ‘and after giving the worker an opportunity to make representations (unless the Secretary of State reasonably considers that the delay resulting from affording such an opportunity would place a vulnerable adult at risk of harm)’. (May LJ dissenting)

Judges:

Dyson and Jacob LJJ, May LJ

Citations:

[2007] EWCA Civ 999, Times 16-Nov-2007, [2008] 1 QB 422, [2008] 2 WLR 536, (2008) 11 CCL Rep 31, [2008] UKHRR 294, [2008] 1 All ER 886

Links:

Bailii

Statutes:

Care Standards Act 2000, Human Rights Act 1998 3(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Wright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .

Cited by:

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

Human Rights, Education

Updated: 22 November 2022; Ref: scu.260053

Lawrence v Pembrokeshire County Council: CA 15 May 2007

The claimant complained of the negligence of the defendant council’s social worker’s in putting her four children into care. The Ombudsman had found the council guilty of maladministration and had awarded her andpound;5,000 for distress.
Held: The only difference in law between this case and JD -v- Berkshire was the coming into effect of the Human Rights Act. Article 8 required the authority to justify its interference in the claimant’s family life, but the coming into direct effect of human rights law did not undermine the public policy which gave primacy to the need to protect children. Though social workers had a continuing duty to act professionally and acknowledge all the interests at stake, but did not create a separate duty of care to te claimant in negligence.

Judges:

Auld LJ, Scott Baker LJ, Richards LJ

Citations:

Times 29-May-2007, [2007] EWCA Civ 446, [2007] 1 WLR 2991

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children, Local Government, Negligence

Updated: 22 November 2022; Ref: scu.252320

Main, Regina (on the Application of) v Minister for Legal Aid: Admn 2 Apr 2007

The applicants were relatives of victims of a rail accident. They challenged the refusal of legal aid for representation at the coroners inquest.
Held: Judicial review was granted. The minister’s decision was flawed in that he had failed to allow for the fact that the issues to be aired in the cases were both of wide public interest and of potential benefit for the public as a whole, and that the interetss of those appearing before the inquest would be divergent.

Judges:

Owen J

Citations:

[2007] EWHC 742 (Admin), Times 09-May-2007

Links:

Bailii

Statutes:

European Convention on Human Rights 2

Jurisdiction:

England and Wales

Legal Aid, Coroners, Human Rights

Updated: 22 November 2022; Ref: scu.251161

Secretary of State for the Home Department v AF: Admn 30 Mar 2007

The claimant, who was suspected of terrorist activities but against whom no criminal charges had been established, complained that a control order imposed on him was so extensive as to amount to a deprivation of liberty.
Held: The order was a nullity. It was so extensive as to amount to a deprivation of liberty and as such was ultra vires the Act. However the review procedure was not incompatible with the right to a fair hearing. The court gave a certificate permitting an appeal direct to the House of Lords.

Judges:

Ouseley J

Citations:

[2007] EWHC 651 (Admin)

Links:

Bailii

Statutes:

Prevention of Terrorism Act 1005 2

Jurisdiction:

England and Wales

Cited by:

Cited – Secretary of State for the Home Department v AL Admn 17-Aug-2007
The claimant sought to challenge a control order made against him under the 2005 Act. He had not cross examined the prosecution witnesses saying that the procedure was unfair in that he had not been allowed to see all the evidence against him. He . .
Cited – Secretary of State for the Home Department v MB; Same v AF HL 31-Oct-2007
Non-derogating control orders – HR Compliant
MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 22 November 2022; Ref: scu.250595

Ahmad and Aswat v United States of America: Admn 30 Nov 2006

The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission.
Held: The appeals failed. The court had diplomatic notes from the US government guaranteeing trial before an ordinary court, and that they would not be designated enemy combatants. Those reassurances were from the government and not from counsel in court: ‘acts touching only the internal affairs of the United States, cannot in my judgment begin to constitute a premise from which this court should conclude that the Diplomatic Notes will not be fully honoured.’
‘The assurances in the notes were given by a mature democracy. The United States was a state with which the United Kingdom had entered into five substantial treaties on extradition over a period of more than 150 years. Over this period there was no instance of any assurance having been dishonoured.’

Judges:

Lord Justice Laws and Mr Justice Walker

Citations:

[2006] EWHC 2927 (Admin), Times 05-Dec-2006, [2007] ACD 54, [2007] UKHRR 525, [2007] HRLR 8

Links:

Bailii

Statutes:

Extradition Act 2003, European Convention on Human Rights 3 5 6

Jurisdiction:

England and Wales

Citing:

Cited – Armah v Government of Ghana and Another HL 1968
The appellant was committed under 1881 Act to await his return to Ghana to face trial on corruption charges. He applied for a writ of habeas corpus contending inter alia that it would be unjust and oppressive to return him since he would be liable . .
Cited – Welsh and Thrasher v Secretary of State for the Home Department and Another Admn 21-Feb-2006
Ouseley J: ‘First, if there had been a routine disregard of the specialty rule, I would have expected that over the decades of extradition to the US from the UK, and in particular from those countries with which the US enjoys a land frontier, the UK . .
Cited – Bermingham and others v The Director of the Serious Fraud Office QBD 21-Feb-2006
Prosecution to protect defendant not available
The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited.
Held: The Director . .
Cited – Regina v Secretary of State For The Home Department, Ex Parte Launder HL 13-Mar-1997
The question arose as to whether or not the decision of the Secretary of State to extradite the applicant to Hong Kong would have amounted to a breach of the European Convention on Human Rights. Although the Convention was not at that time in force . .
Cited – Lodhi v Governor of HMP Brixton and Government of United Arab Emirates Admn 13-Mar-2001
. .
Cited – Serbeh v Governor of HM Prison Brixton 31-Oct-2002
Kennedy LJ said: ‘[T]here is (still) a fundamental assumption that the requesting state is acting in good faith.’ . .
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 – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .

Cited by:

Cited – Bary and Another, Regina (on the Application of) v Secretary of State for the Home Department Admn 7-Aug-2009
The defendants resisted extradition to the US to face charges of conspiracy to murder US citizens, saying that as suspected terrorists the likely prison conditions in which they would be held would amount to inhuman or degrading treatment or . .
At Court of Appeal – Ahmad and Aswat v United Kingdom ECHR 10-Jun-2007
(Statement of Facts) The applicants resisted extradition from the respondent country to the USA to face allegations of terrorist related crime. . .
At Court of Appeal – Ahmad And Aswat v United Kingdom ECHR 10-Jul-2007
(Statement of Facts) To resist an extradition application to America to stand trial on various federal charges, the appellants claimed that if they were extradited there was a real prospect that they would be made subject to a determination by the . .
Cited – RB (Algeria) and Another v Secretary of State for the Home Department; OO (Jordan) v Same; MT (Algeria) v Same HL 18-Feb-2009
Fairness of SIAC procedures
Each defendant was to be deported for fear of involvement in terrorist activities, but feared that if returned to their home countries, they would be tortured. The respondent had obtained re-assurances from the destination governments that this . .
Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights

Updated: 22 November 2022; Ref: scu.246753

Scholes v Secretary of State for the Home Department: CA 17 Oct 2006

The deceased had committed suicide whilst in prison. The judge had requested that prison should be told of the risk of self harm. The mother appealed refusal of the judge to grant a judicial review of the Home Secretary’s refusal to grant, as requested by the coroner. A public inquiry into the pre-sentence exercise, the allocation process and the availability and provision of local authority secure children’s homes.
Held: The respondent had demonstrated a proper awareness of the additional issues. The inquest itself had involved an inquiry, and the respondent had ordered additional investigations short of a public inquiry. Those together satisfied the obligations under article 2.

Judges:

Lord Justice Pill and Lady Justice Arden

Citations:

Times 10-Nov-2006, [2006] EWCA Civ 1343

Links:

Bailii

Statutes:

European Convention on Human Rights 2

Jurisdiction:

England and Wales

Citing:

Appeal from – Scholes, Regina (on the Application of) v Secretary of State for the Home Department Admn 16-Jan-2006
The deceased had committed suicide whilst in a Young Offenders Institute. The coroner had called for a further enquiry into the way he had been sentenced. The Home Office refused a public enquiry saying that the coroner’s inquest had satisfied its . .

Cited by:

Cited – Gentle, Regina (on the Application of) and Another v The Prime Minister and Another HL 9-Apr-2008
The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Coroners, Human Rights, Prisons

Updated: 22 November 2022; Ref: scu.245586

Regina on the Application of Rowley v Director of Public Prosecutions: QBD 4 Apr 2003

The applicant sought to challenge a decision not to prosecute a third party following the death of her son. He had been in care, having multiple disabilities, including epilepsy. He drowned whilst in a bath. It had been recognised that he needed constant supervision. She alleged gross negligence.
Held: There was no single mind in the local authority which could be identified as responsible, and therefore a prosecution of that authority would fail. The nurse in question had been told she would not be charged, and a prosecution now would risk being an abuse of process (Beedie)

Judges:

Mr Justice Hooper Lord Justice Kennedy

Citations:

[2003] EWHC 693 (Admin)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Shulman, Regina v Prentice, Regina v Adomako; Regina v Holloway HL 1-Jul-1994
An anaesthetist failed to observe an operation properly, and did not notice that a tube had become disconnected from a ventilator. The patient suffered a cardiac arrest and died, and the defendant was convicted of manslaughter, being guilty of gross . .
Cited – Andrews v Director of Public Prosecutions HL 22-Apr-1937
The defendant was accused of manslaughter in a road traffic case.
Held: The House sought a simple definition of manslaughter which would be applicable for road traffic cases. Lord Atkin said: ‘My Lords, of all crimes manslaughter appears to . .
Cited – Regina v Director of Public Prosecutions, ex parte Jones CA 2000
A company Managing Director had arranged for a dockside crane to be adapted, so that with the jaws of the grab bucket open bags could be attached to hooks fitted within the bucket. Jones was in the hold of a ship loading bags onto the hooks when the . .
Cited – Attorney-General’s Reference (No 2 of 1999) CACD 29-Feb-2000
A conviction for manslaughter by gross negligence did not require proof of a defendant’s state of mind. Nevertheless such evidence might well be useful in other ways. A body corporate could be guilty of manslaughter by gross negligence, but only if . .
Cited – Regina v Shulman, Regina v Prentice, Regina v Adomako and Regina v Holloway CACD 21-May-1993
A patient had been injected with the wrong medicine, and died as a result.
Held: The ingredients of the offence of involuntary manslaughter by breach of duty are the existence and breach of a duty, which had caused death and gross negligence . .
Cited – Regina v Beedie CACD 11-Mar-1997
Stay for Extended Autrefois Convict
The plea of autrefois convict applies only if the legal substance of the charges is same but the judge has a discretion. The plea is not limited to Connelly v DPP definitions, but is still narrow.
A 19-year-old girl died of carbon monoxide . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 20 November 2022; Ref: scu.180587

Re S (A Child): CA 10 Jul 2003

The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial.
Held: (Hale LJ dissenting) The court in this case was not making a decision which involved the child’s upbringing, and nor was the child directly involved in the case at issue. The court was being invited to exercise its protective jurisdiction. It is not a case in which the child’s interests were by law paramount, as against the interests of freedom of the press.

Judges:

Lord Phillips Of Worth Matravers, Lady Justice Hale And Lord Justice Latham

Citations:

[2003] EWCA Civ 963, [2004] Fam 43, [2003] 3 WLR 1425

Links:

Bailii

Statutes:

Children and Young Persons Act 1933 39, European Convention on Human Rights 6 8 10

Jurisdiction:

England and Wales

Citing:

Cited – British Broadcasting Corporation v Kelly FD 9-Aug-2000
The interview for television of a child ward of court who had gone to live with members of a religious sect was not necessarily a contempt of court. There are three groups of ways in which a ward’s interests can be protected. First where the . .
Cited – In re Z (A Minor) (Identification: Restrictions on Publication) CA 31-Jul-1995
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs.
Held: The court refused to . .
Cited – S v McC; W v W HL 1972
The distinction between the court’s ‘custodial’ and ‘protective’ jurisdictions was recognised. The case concerned the ordering of blood tests with a view to determining the paternity of a child involved in divorce proceedings. This was not a matter . .
Cited – In re X (A Minor) (Wardship: Jurisdiction) FD 1975
A stepfather made the child a ward of court in order to try to stop publication of a book containing passages about the sex life of her deceased father. The jurisdiction to order that a child’s name should not be made known, is not exercisable at . .
Cited – In re X (A Minor) (Wardship: Jurisdiction) CA 2-Jan-1975
A child’s stepfather obtained an order preventing publication of a book about the child.
Held: The circumstances were novel, but ‘The court has power to protect the ward from any interference with his or her welfare, direct or indirect.’ There . .
Cited – In re M and N (Minors) (Wardship: Publication of Information) CA 1990
The court considered whether to order that a child’s name be not published where the decision to publish would not affect the way in which the child is cared for, the child’s welfare is relevant but not paramount and must be balanced against freedom . .
Cited – In re F (otherwise A) (A Minor) (Publication of Information) FD 1976
. .
Cited – In re F (otherwise A ) (A Minor) (Publication of Information) CA 1977
An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship . .
Cited – X County Council v A and another 1984
The court made orders about the future of the child born to Mary Bell, who had been convicted at the age of 11 of the manslaughter of two little boys. He was asked to protect the new identities under which the child and her mother were living. . .
Cited – Re W (Wards) (Publication of Information) FD 1989
An injunction was given to prohibit wards of court being named during the Cleveland child abuse inquiry. A summary of what has been said in court and written before hand in statements and reports are as much prohibited from publication as are direct . .
Cited – Re C (Wardship: Medical Treatment) (No 2) CA 1989
The court had already made an order about the way in which the health professionals were able to look after a severely disabled baby girl; an injunction was granted prohibiting identification of the child, her parents, her current carers and the . .
Cited – In re W (A Minor) (Wardship: Restrictions on Publication) CA 1992
The court considered the risks of a child being identified despite restrictions on disclosure: ‘It is to be anticipated that in almost every case the public interest in favour of publication can be satisfied without any identification of the ward to . .
Cited – V v The United Kingdom; T v The United Kingdom ECHR 16-Dec-1999
The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the . .
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 – Attorney-General v Leveller Magazine Ltd HL 1-Feb-1979
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to . .
Cited – Diennet v France ECHR 26-Sep-1995
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (publicly); No violation of Art. 6-1 (impartiality); Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – . .
Cited – A and Byrne and Twenty Twenty Television v United Kingdom ECHR 1997
The applicants claimed the protection of articles 8 and 10. The court noted ‘the relative similarity of the tests to be applied in the context of the necessity of the interference under Articles 8 and 10’. . .
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 – Bensaid v The United Kingdom ECHR 6-Feb-2001
The applicant was a schizophrenic and an illegal immigrant. He claimed that his removal to Algeria would deprive him of essential medical treatment and sever ties that he had developed in the UK that were important for his well-being. He claimed . .
Cited – Campbell v Mirror Group Newspapers plc CA 14-Oct-2002
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic.
Held: The claimant had courted publicity, and denied an involvement in drugs. The defence . .
Cited – R (Mrs) v Central Independent Television Plc CA 17-Feb-1994
The court did not have power to stop a TV program identifying a ward of court, but which was not about the care of the ward. The first instance court had granted an injunction in relation to a television programme dealing with the arrest and the . .
Cited – In Re R (A Minor) (Wardship: Restraint of Publication) CA 25-Apr-1994
In a criminal case involving a ward of court, the judge in the criminal case may restrict the reporting without leaving it for the wardship Judge. The jurisdiction of the High Court in cases involving the care and upbringing of children over whose . .
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 . .
Lists of cited by and citing cases may be incomplete.

Children, Media, Human Rights

Updated: 20 November 2022; Ref: scu.184457

HM v Switzerland: ECHR 26 Feb 2002

Citations:

39187/98, [2002] ECHR 157, [2002] 38 EHRR 314, (2004) 38 EHRR 17, [2002] MHLR 209

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 5(1)

Jurisdiction:

Human Rights

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 . .
Cited – Shtukaturov v Russia ECHR 27-Mar-2008
The applicant had been placed in a locked facility, tied to his bed, given sedative medication and not permitted to communicate with the outside world. He had given no consent, which might have prevented those measures from being a deprivation of . .
Cited – Secretary of State for The Home Department v AP SC 16-Jun-2010
The claimant challenged the terms of the control order made against him under the 2005 Act saying that it was too restrictive. Though his family was in London, the control order confined him to a house many miles away for 16 hours a day.
Held: . .
Cited – Re DE, JE v DE, Surrey County Council and EW FD 29-Dec-2006
JE, wife of DE, who had been taken into residential care by the Local authority, said that the authority had infringed his Article 5 and 8 rights on transferring him between homes. The authority asserted that he did not have mental capacity. She . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Health

Updated: 20 November 2022; Ref: scu.167675

Morris v The United Kingdom: ECHR 26 Feb 2002

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to general structure of court martial system; No violation of Art. 6-1 with regard to specific complaints; No violation of Art. 6-3-c; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings
The factor which gave rise to an allegation of bias is that the members of a court-martial are subject in general to ‘the risk of outside pressure .. and that there was no statutory or other bar to their being made subject to external Army influence when sitting on the case’ The risk of perceived bias was because of pressure on the decision-maker not to make a decision of which his employer would disapprove.

Citations:

38784/97, (2002) 34 EHRR 1253, [2002] ECHR 162

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Cited by:

Cited – Regina v Boyd, Hastie, Spear (Courts Martial Appeal Court), Regina v Saunby, Clarkson, English, Williams, Dodds, and others HL 18-Jul-2002
Corts Martial System Complant with Human Rights
The applicants were each convicted by courts martial of offences under civil law. They claimed that the courts martial were not independent tribunals because of the position of the president of the court, and that it was wrong to try a serviceman by . .
Cited – PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal Admn 22-Oct-2003
The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention.
Held: Such proceedings did engage the . .
Cited – Haase, Regina (on the Application of) v Independent Adjudicator and Another CA 14-Oct-2008
The appellant complained that as a prisoner he was subjected to disciplinary proceedings for refusing to co-operate with drugs tests. He said that he had not been informed that there would be a penalty if he did not comply. He now complained that . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Armed Forces

Updated: 20 November 2022; Ref: scu.167676

Gibbon v Rugby Borough Council: IPT 14 Aug 2008

The Tribunal made a determination in favour of this Complainant having found that the Respondent had carried out unauthorised surveillance on the Complainant’s home property by walking onto his shared driveway during the course of ongoing investigation which included some earlier directed surveillance. The Respondent failed to provide any satisfactory reason for this so the Tribunal had no hesitation in concluding that this was unauthorised surveillance. pounds 2,500 compensation was awarded.

Citations:

[2008] UKIPTrib 06 – 31

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 20 November 2022; Ref: scu.525988

Frank-Steiner v Data Controller SIS: IPT 21 Sep 2007

This unusual case refers to the Complainant wishing to know if his uncle by marriage, deceased in 1963, had worked for the SIS in World War 2. The Tribunal ruled that the Neither Confirm nor Deny policy applied in this case.

Citations:

[2007] UKIPTrib 06 – 81

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 20 November 2022; Ref: scu.525990

N v The Police: IPT 8 Feb 2010

This Ruling found that there was an interference with privacy contrary to Article 8 in respect of the use directed surveillance by using existing public CCTV. The decision to authorise surveillance had taken place after the Crown Prosecution Service had taken the decision not to prosecute the Complainant. The subsequent decision on remedies ordered that the CCTV recording should be destroyed and a declaration should be made that there was a breach of the Complainant’s Article 8 rights.

Citations:

[2010] UKIPTrib 07 – 02 – 2

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 20 November 2022; Ref: scu.525984

Carr v News Group Newspapers Ltd and Others: QBD 24 Feb 2005

The claimant with a notorious criminal past sought an injuntion to protect her new identity.
Held: The order was made.

Judges:

Eady J

Citations:

[2005] EWHC 971 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Media, Human Rights

Updated: 20 November 2022; Ref: scu.441248

Sylvester v Austria: ECHR 24 Apr 2003

Effective respect for family life required that future family relations between parent and child are not determined by the passage of time alone

Citations:

(2003) 37 EHRR 417, [2003] 2 FLR 210, [2003] ECHR 196, 36812/97, 40104/98, (2003) 37 EHRR 17

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Makhlouf v Secretary of State for The Home Department SC 16-Nov-2016
(Northern Ireland) The appellant (born in Tunisia) was made subject to a deportation order. He had married a UK citizen and they had a child. After moving to the UK, at various times, the relationship broke down and he was convicted of several . .
Judgment – Sylvester v Austria ECHR 15-Sep-2010
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 19 November 2022; Ref: scu.277249

Johnson and others v London Borough of Havering and others: CA 30 Jan 2007

The claimants were residents of old people’s homes run by the council and maintained under s21 of the 1948 Act. They objected to the transfer of the homes into the private sector saying that it would infringe their rights to family life, and that the protection afforded to them would be reduced.
Held: The claimants appeals failed. The court could not find that a private care home was not exercising the functions of a public body so as to make it subject to the Human Rights Act. Residents would in any event have other, greater, protections under the 2000 Act. The state had no duty to maintain the particular protections given under the 1998 Act.

Judges:

Sir Anthony Clarke, Master of the Rolls, Lord Justice Buxton and Lord Justice Dyson

Citations:

[2007] EWCA Civ 26, Times 02-Feb-2007, [2007] 2 WLR 1097, (2007) 95 BMLR 33, [2007] MHLR 69, [2008] QB 1, (2007) 10 CCL Rep 7, [2007] UKHRR 645, [2007] BLGR 241, [2007] HRLR 15

Links:

Bailii

Statutes:

National Assistance Act 1948 21, Human Rights Act 1998 6(3)(b), Care Standards Act 2000

Jurisdiction:

England and Wales

Citing:

Cited – Regina (Heather and Another) v Leonard Cheshire Foundation CA 21-Mar-2002
The appellants appealed rejection of their application for judicial review. They were long term residents in a nursing home, which the respondents had decided to close.
Held: Though the respondent did exercise some public functions, and its . .
Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .

Cited by:

Appeal from – YL v Birmingham City Council and Others HL 20-Jun-2007
The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human . .
Cited – YL v Birmingham City Council and Others HL 20-Jun-2007
The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 19 November 2022; Ref: scu.248279

Sylvester v Austria: ECHR 15 Sep 2010

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings
‘the court reiterates that effective respect for family life requires that future relations between parent and child not be determined by the mere effluxion of time.’ and ‘In cases concerning the enforcement of decisions in the realm of family law, the court has repeatedly found that what is decisive is whether the national authorities have taken all the necessary steps to facilitate execution as can reasonably be demanded in the special circumstances of each case. In examining whether non-enforcement of a court order mounted to a lack of respect for the applicants’ family life the court must strike a fair balance between the interests of all persons concerned and the general interest in ensuring respect for the rule of law. In cases of this kind the adequacy of a measure is to be judged by the swiftness of its implementation, as the passage of time can have irremediable consequences for relations between the child and the parent who does not live with him or her.’

Citations:

[2010] ECHR 1447

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Citing:

Judgment – Sylvester v Austria ECHR 24-Apr-2003
Effective respect for family life required that future family relations between parent and child are not determined by the passage of time alone . .

Cited by:

Mentioned – F v M FD 1-Apr-2004
The court considered the ‘ongoing debate’ about the court’s role in contact disputes. ‘this case illustrates all too uncomfortably the failings of the system. There is much wrong with our system and the time has come for us to recognise that fact . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 19 November 2022; Ref: scu.181018

Serif v Greece: ECHR 14 Dec 1999

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 9; Not necessary to examine Art. 10; Pecuniary damage – financial award; Non-pecuniary damage – financial award

Citations:

[1999] ECHR 169, 38178/97

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Cited by:

Cited – Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 19 November 2022; Ref: scu.165787