Category: Human Rights

Van Mechelen And Others v The Netherlands: ECHR 30 Oct 1997

The defendant’s right to a fair trial had been infringed where anonymous police witnesses gave evidence against the defendant in circumstances such that, not only did the defendant know their identities, but he was unable to observe their demeanour under direct questioning, and thus judge their reliability.

Judges:

Bernhardt, P

Citations:

21363/93, 21364/93, [1997] ECHR 90

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Citing:

See Also – Van Mechelen And Others v The Netherlands ECHR 23-Apr-1997
A Dutch court had convicted the applicants of attempted manslaughter and robbery on the basis of statements made, before their trial, by anonymous police officers, none of whom gave evidence before the Regional Court or the investigating judge. The . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 12 July 2022; Ref: scu.263784

Boyle v United Kingdom: ECHR 8 Jan 2008

The applicant was in the army. He complained that, having been accused of a rape, he was ordered by his commanding officer to be detained on remand pending trial.
Held: There had been a breach of Article 5.3 which required that anyone arrested should be taken before a court or other proper officer exercising judicial power. The commanding officer, as part of the prosecution machinery, could not be that officer.

Citations:

Times 15-Jan-2008, 55434/00, [2008] ECHR 15, [2011] ECHR 2269

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights 5.3

Human Rights, Crime, Armed Forces

Updated: 12 July 2022; Ref: scu.263630

Wright and Another, Regina (on the Application of) v Secretary of State for the Home Department: Admn 20 Jun 2001

The claimant’s alleged that the respondents’ medical treatment of the deceased whilst in prison had been so poor to infringe his human rights.

Judges:

Jackson J

Citations:

[2001] EWHC Admin 520

Links:

Bailii

Statutes:

European Convention on Human Rights

Prisons, Human Rights

Updated: 12 July 2022; Ref: scu.263512

McDonald, Regina (on the Application of) v Manchester Crown Court; Others: Admn 9 Nov 1998

Each defendant challenged decisions to extend the custody time limits.

Judges:

Lord Bingham of Cornhill LCJ, Collins J

Citations:

[1998] EWHC 319 (Admin)

Links:

Bailii

Statutes:

European Convention of Human Rights 5, Bail Act 1976 4(1), Prosecution of Offences (Custody Time Limits) Regulations 1987

Jurisdiction:

England and Wales

Criminal Practice, Human Rights

Updated: 12 July 2022; Ref: scu.263518

Savage v South Essex Partnership NHS Foundation Trust and Another: CA 21 Dec 2007

The claimant said that the defendant hospital had been negligent in failing to prevent her daughter escaping from the mental hospital at which she was detained and committing suicide.
Held: The status of a detained mental patient was more akin to that of a prisoner than of a patient because of the control exercised and her particular vulnerability, and a detained mental patient should have no less rights than a prisoner. To succeed there had to be shown knowledge of a real and immediate risk to her life. The claim was arguable and was re-instated.

Judges:

Sir Anthony Clarke MR, Waller LJ, Sedley LJ

Citations:

[2007] EWCA Civ 1375, Times 09-Jan-2008, [2008] 1 WLR 1667, [2008] LS Law Medical 66, [2007] Inquest LR 278, (2008) 100 BMLR 98, [2008] UKHRR 330, [2008] HRLR 15, (2008) 11 CCL Rep 65

Links:

Bailii

Statutes:

Mental Health Act 1983 3, Human Rights Act 1998 6 7 8, European Convention on Human Rights 2

Jurisdiction:

England and Wales

Citing:

Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Appeal from – Savage v South Essex Partnership NHS Foundation Trust QBD 21-Dec-2006
The claimant’s daughter had died after walking out of a mental health ward and being knocked down. She sought damages alleging negligence and in infringement of her daughter’s right to life.
Held: Negligence amounting to a breach of the right . .

Cited by:

Cited – K v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
Appeal from – Savage v South Essex Partnership NHS Foundation Trust (MIND intervening) HL 10-Dec-2008
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security.
Held: The Trust’s appeal failed. The fact that . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Negligence, Human Rights

Updated: 12 July 2022; Ref: scu.263410

Di Luca And Saluzzi v Italy: ECHR 2 Sep 1997

ECHR Basic distinction in law of many member States of the Council of Europe between civil servants and employees governed by private law – Court has accordingly held that disputes relating to recruitment, careers and termination of service of civil servants are as a general rule outside scope of Article 6 ss 1.
Applicants sought recognition of existence of permanent contract of employment (Fusco) or judicial review of one or more decisions of administrative authorities assigning them to a particular staff category (remaining cases) – they thus raised disputes related to their recruitment and careers which did not concern a ‘civil’ right within meaning of Article 6 ss 1 – payment of difference in salary directly dependent on prior finding that administrative authorities had acted unlawfully (Trombetta).

Citations:

25838/94, [1997] ECHR 57, 25837/94

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

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

Human Rights, Employment

Updated: 12 July 2022; Ref: scu.263135

Perkins and R v The United Kingdom: ECHR 22 Oct 2002

ECHR Judgment (Merits and just satisfaction) Violation of Art. 8 ; No separate issue under Art. 14+8 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings

Citations:

44875/98, [2002] ECHR 690, 43208/98

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 12 July 2022; Ref: scu.263114

Behrami and Behrami v France; Saramati v France Germany and Norway: ECHR 2 May 2007

The applicants complained of the action and inaction of members of an international security force (‘KFOR’) that had been deployed in Kosovo pursuant to Security Council Resolution 1244 (1999).
Held: The applications were inadmissible. The Court was not competent ratione personae. This was because the individual respondents fell to be treated as part of KFOR and KFOR was exercising powers ‘lawfully delegated under Chapter VII of the Charter by the UN Security Council’. In these circumstances the actions of the respondents were ‘directly attributable to the UN, an organisation of universal jurisdiction fulfilling its imperative collective security objective’
The Convention cannot be interpreted in a manner which would subject the acts and omissions of contracting parties which are covered by UNSCRs to the scrutiny of the court, as to do so would be to interfere with the fulfilment of the UN’s key mission to secure international peace and security.

Citations:

78166/01, [1999] ECHR 182, 71412/01, (2007) 45 EHRR SE 85

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

Cited – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening) HL 12-Dec-2007
The appellant who had dual Iraqi and British nationality complained of his detention by British troops in Iraq. He was not charged with any offence, but was detained on the ground that his internment is necessary for imperative reasons of security . .
Cited – HM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 12 July 2022; Ref: scu.262994

Smith And Grady v United Kingdom (Article 41): ECHR 25 Jul 2000

Citations:

33986/96, [2000] ECHR 384, 33985/96

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Smith and Grady v The United Kingdom ECHR 27-Sep-1999
The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 12 July 2022; Ref: scu.263024

Haase, Regina (on the Application of) v Independent Adjudicator and others: Admn 20 Dec 2007

The claimant prisoner complained that the obligation imposed on him to submit to drugs tests was unlawful.

Judges:

Stanley Burnton J

Citations:

[2008] 1 WLR 1401, [2007] EWHC 3079 (Admin)

Links:

Bailii

Cited by:

Appeal from – 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.

Prisons, Human Rights

Updated: 12 July 2022; Ref: scu.262946

Irene M Scott v The United Kingdom: ECHR 8 Feb 2000

(Admissibility) The court was asked whether the mother’s Article 8 rights had been breached by a local authority who had applied to free her child for adoption, the court once again stated that ‘the best interests of the child is always of crucial importance’.

Citations:

34745/97, [2000] ECHR 698, 2000 Fam LR 102, [2000] 1 FLR 958, [2000] Fam Law 538, [2000] 2 FCR 560

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Cited by:

Cited – Payne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 12 July 2022; Ref: scu.263016

Dickson and Another v United Kingdom: ECHR 15 Dec 2007

(Grand Chamber) The complainants were husband and wife. They had been married whilst the husband served a sentence of life imprisonment. They had been refused suport for artificial insemination treatment.
Held: The claim succeeded. The refusal infringed their human right to family and private life. The refusal had been on the basis that the couple’s relationship had not been tested under normal conditions, and that insufficient provision had been made for the care of any child born through a procedure. However a refusal of such treatment would effectively prevent the couple ever having children. No great security or administrative provisions were required. There is no place in human rights law for the refusal of humane treatment for any desire not to offend public opinion. The refusal also offended against the need for rehabilitation as the prisoner came toward the end of a long sentence.
If there is to be any restriction on Convention rights of prisoners or detainees, that has to be justified in each individual case. This justification can flow from the ‘necessary and inevitable consequences of imprisonment’ or from ‘an adequate link between the restriction and the circumstances of the prisoner in question’. But the justification cannot be based ‘solely on what would offend public opinion’.

Judges:

Rozakis P

Citations:

2008) 46 EHRR 41, [2007] ECHR 1050, Times 21-Dec-2007

Links:

Bailii Press Release, Bailii

Statutes:

European Convention on Human Rights 8 12

Citing:

See Also – Dickson and Another v United Kingdom ECHR 18-Apr-2006
The applicants were husband and wife who wanted infertility treatment by IVF. Mr Dickson as a prisoner, and they complained that the refusal of facilities was an interference in their right to family life as a refusal to fulfil a positive . .

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 – AB, Regina (On the Application of) v Secretary of State for Justice and Another Admn 4-Sep-2009
The claimant was serving a sentence of imprisonment. She was a pre-operative transgender woman, but held in a male prison. She sought review of a decision to refuse transfer to a women’s prison. The Gender Recognition Panel was satisfied that the . .
Cited – O’Dowd (Boy George) v National Probation Service London Admn 23-Dec-2009
Refusal of curfew relaxation was reasonable
The claimant had been released from prison early on licence subject to conditions including a home detention curfew. He was offered a place on a TV programme, Celebrity Big Brother, which would require relaxation or alteration of his place of . .
Cited – Bary and Others, Regina (on The Application of) v Secretary of State for Justice and Another Admn 19-Mar-2010
The applicants, incarcerated at Long Lartin pending extradition or deportation, challenged a decision further restricting their movements within the prison. All were unconvicted, and all but one were suspected of terrorist crimes. The changes were . .
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 . .
Cited – T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons

Updated: 12 July 2022; Ref: scu.262978

Garrett, Falcao And Others v Portugal: ECHR 11 Jan 2000

Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione temporis); Violation of P1-1; Not necessary to examine Art. 6, 13 and 17; Just satisfaction reserved; Costs and expenses partial award – Convention proceedings

Citations:

[2000] ECHR 2, 30229/96, [2000] ECHR 2, [2001] ECHR 249, 29813/96

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Garrett, Falcao And Others v Portugal ECHR 10-Apr-2001
. .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 12 July 2022; Ref: scu.263008

Smith (on Behalf of the Gypsy Council) v Buckland: CA 12 Dec 2007

The defendants appealed an order requiring them to leave caravan pitches managed by the council.
Held: The court referred to the absence of procedural safeguards to which, in view of their vulnerable position, gipsies were entitled.

Citations:

[2007] EWCA Civ 1318, [2008] 1 WLR 661

Links:

Bailii

Statutes:

Caravan Sites Act 1968 4

Jurisdiction:

England and Wales

Cited by:

Cited – Doherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
Cited – McGlynn v Welwyn Hatfield District Council CA 1-Apr-2009
The appellant was a non-secure tenant of the respondent. It had served a notice to quit and he now appealed against an order for possession on public law grounds.
Held: There had been a delay between the issue of the notice to quit and the . .
Cited – Doran v Liverpool City Council CA 3-Mar-2009
The claimant sought to set aside an order requiring him to give up possession of a caravan pitch held under the 1968 Act.
Held: The decision to serve a notice to quit which was reasonable on the facts known to the local authority at the time . .
Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 12 July 2022; Ref: scu.262106

Jaso and others v Central Criminal Court No.2 Madrid: Admn 14 Dec 2007

The Madrid Court had issued European Arrest Warrants against the three appellants on charges of membership of a criminal organisation and terrorism. The appellants had unsuccessfully challenged extradition before the District Judge on a large number of grounds. These included the contention that extradition would violate articles 3, 5, 6 and 8 of the Convention. The appellants said that, if extradited, they would be subject to incommunicado police detention for up to 5 days. The District Judge had applied an exceptionality test and this was attacked.
Held: Dyson LJ applied Huang, and said that there was no exceptionality test, though: ‘It is clear that great weight should be accorded to the legitimate aim of honouring extradition treaties made with other states. Thus, although it is wrong to apply an exceptionality test, in an extradition case there will have to be striking and unusual facts to lead to the conclusion that it is disproportionate to interfere with an extraditee’s article 8 rights.’

Judges:

Dyson LJ

Citations:

[2007] EWHC 2983 (Admin), [2008] 1 WLR 2798

Links:

Bailii

Statutes:

Extradition Act 2003 21(3), European Convention on Human Rights 3 5 6 8

Citing:

Applied – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .

Cited by:

Incorrectly decided – Louca v Public Prosecutor In Bielefel, Germany Admn 27-Nov-2008
The defendant objected to the extradition order, saying that the European arrest warrant relied on did not disclose other warrants issued for the same offences.
Held: The Act required the warrant to be validated by the issuing national court. . .
Cited – Louca v A German Judicial Authority SC 19-Nov-2009
The defendant resisted extradition saying that the European Arrest Warrant was defective in not revealing the existence of two earlier such warrants. He said that absence of such information would hinder a court which was concerned as to possible . .
Cited – Norris v Government of United States of America SC 24-Feb-2010
The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result . .
Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights

Updated: 12 July 2022; Ref: scu.262174

AG (Eritrea) v Secretary of State for the Home Department: CA 20 Nov 2007

The threshold requirement referable to the nature of the consequences was ‘not a specially high one’
Sedley LJ discussed the Huang case: ‘The effect of their Lordships’ decision (and, if we may say so, the intended effect of this court’s decision) in Huang has thus not been to introduce a new interpretation of article 8 but to clarify and reiterate a well understood one. While its practical effect is likely to be that removal is only exceptionally found to be disproportionate, it sets no formal test of exceptionality and raises no hurdles beyond those contained in the article itself.’
There was no legal test of exceptionality as a surrogate for the Article 8 decision: ‘The fact that in the great majority of cases the demands of immigration control are likely to make removal proportionate and so compatible with article 8 is a consequence, not a precondition, of the statutory exercise. No doubt in this sense successful article 8 claims will be the exception rather than the rule; but to treat exceptionality as the yardstick of success is to confuse effect with cause.’

Judges:

Sedley LJ

Citations:

[2007] EWCA Civ 1285, [2008] 2 All ER 28

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .

Cited by:

Cited – Norris v Government of United States of America SC 24-Feb-2010
The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result . .
Cited – Quila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 12 July 2022; Ref: scu.261951

Ministry of Defence v Foxley and others: Admn 10 Dec 2007

In 1992, the claimant and members of his family were made subject to restraint orders after his conviction for corruption. They now applied for discharge of the orders claiming excessive delay. Nothing had moved forward since 1996, saying hey had in any event been automatically stayed in 2000.
Held: The delay was unacceptable, and both orders were discharged.

Judges:

McCombe J

Citations:

[2007] EWHC 2874 (Admin)

Links:

Bailii

Statutes:

Prevention of Corruption Act 1906 1, European Convention on Human Rights 6

Citing:

Cited – Lloyds Bowmaker Ltd v Britannia Arrow Holdings Plc CA 1988
It is the duty of a plaintiff who has obtained an interlocutory injunction to proceed to trial and not simply to sit back and rely upon the injunction until such time as the defendant moves to discharge it. The court have stressed the importance of . .
Cited – Biguzzi v Rank Leisure Plc CA 26-Jul-1999
The court’s powers under the new CPR to deal with non-compliance with time limits, were wide enough to allow the court to allow re-instatement of an action previously struck out. The court could find alternative ways of dealing with any delay which . .
Cited – Annodeus Ltd and Others v Gibson and Others ChD 2-Mar-2000
The court listed relevant issues for any strike out application on the grounds of want of prosecution, including the length of delay, the degree of compliance with court rules and orders, any prejudice to the defendant, and any effect on the trial . .
Cited – Crown Prosecution Service v Bentham Admn 2003
At the trial of a substantive claim for declarations of property rights in the context of confiscation proceedings under the 1986 Act, two interested parties sought to dismissal or stay of the claims dismissed for delay. The proceedings went back to . .
Cited – Welch v United Kingdom ECHR 15-Feb-1995
The applicant was convicted in 1988 of drug offences committed in 1986. The judge passed a sentence of imprisonment but imposed a confiscation order pursuant to an Act that came into force in l987.
Held: The concept of penalty in Article 7 was . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Human Rights

Updated: 12 July 2022; Ref: scu.261935

Timpul Info-Magazin and Anghel v Moldova: ECHR 27 Nov 2007

Particularly strong reasons must be provided for any measure limiting access to information which the public has the right to receive.

Citations:

42864/05, [2007] ECHR 976

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

Cited – Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom ECHR 10-Mar-2009
The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and . .
Cited – Seckerson and Times Newspapers Ltd v The United Kingdom ECHR 24-Jan-2012
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 12 July 2022; Ref: scu.261873

KD v Chief Constable of Hampshire: QBD 23 Nov 2005

The claimant’s daughter had made a complaint of rape. She alleged that she was sexually harassed by the investigating police officer, and sought damages also from the defendant, his employer. The officer denied that anything improper or non-consensual had taken place.
Held: The taking of the statements was a course of conduct and was plainly harassment. The court was therefore asked to decide whether the statements were taken for the purpose of preventing or detecting crime, within the meaning of s.1(3)(a). The touching had not been consensual, and formed part of a series of acts which amounted to a course of conduct in turn amounting to harassment. Both parties had submitted that the test under section 1(3)(a) was subjective but Tugendhat J took the view that it was subject to the tests of necessity and proportionality, was whether the conduct was objectively justified as a means of preventing or detecting crime, at any rate when it infringed the victim’s rights under article 8. General damages of andpound;20,000 were awarded, with a full indemnity from the officer.

Judges:

Tugendhat J

Citations:

[2005] EWHC 2550 (QB)

Links:

Bailii

Statutes:

Protection from Harassment Act 1997, European Convention on Human Rights 88

Jurisdiction:

England and Wales

Citing:

Cited – Hipgrave and Another v Jones QBD 15-Dec-2004
The defendant appealed an order under the 1997 Act saying that it was akin to an order made under the 1998 Act where proof was required to a criminal standard, and that the court had applied only the civil standard.
Held: There was a real . .
Cited – Regina v Chief Constable of Devon and Cornwall ex parte CEGB CA 1982
An unwanted kiss may be a battery. Lawton LJ discussed the individual responsibility of a police officer: ‘[chief constables] cannot give an officer under command an order to do acts which can only lawfully be done if the officer himself with . .
Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Cited – Vento v The Chief Constable of West Yorkshire Police (No 2) CA 20-Dec-2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed.
Held: The Court of Appeal looked to see whether there had been an error of law in the employment . .
Cited – Thomas v News Group Newspapers Ltd and Simon Hughes CA 18-Jul-2001
A civilian police worker had reported officers for racist remarks. The newspaper repeatedly printed articles and encouraged correspondence which was racially motivated, to the acute distress of the complainant.
Held: Repeated newspaper stories . .
Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Z v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .

Cited by:

Cited – Hayes v Willoughby CA 13-Dec-2011
Harassment Occurs on the Result, not the Intention
The claimant said that over several years, the respondent had pursued him in many ways challenging his management of a company’s affairs. Complaints had been investigated by the insolvency service and by the police who had discovered nothing to . .
Cited – Hayes v Willoughby SC 20-Mar-2013
The claimant and appellant had been employer and employee who had fallen out, with a settlement in 2005. The appellant then began an unpleasant and obsessive personal vendetta against Mr Hayes, complaining to public bodies with allegations of tax . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Human Rights

Updated: 12 July 2022; Ref: scu.236700

Molnar v Hungary: ECHR 5 Oct 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the length of the proceedings;Inadmissible under Art. 6-1 (with regard to the fairness of the proceedings), Art. 13 and Art. 14; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings.

Citations:

22592/02, [2004] ECHR 480

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 12 July 2022; Ref: scu.227875

Molnarova and Kochanova v Slovakia: ECHR 4 Mar 2003

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

Citations:

44965/98, [2003] ECHR 114

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 12 July 2022; Ref: scu.179628

Wickramsinghe v United Kingdom: ECHR 9 Dec 1997

(Commission) Although professional disciplinary proceedings may be conducted to the criminal standard of proof, that does not make them ‘akin to criminal proceedings’. ‘in general’, disciplinary proceedings are not ‘criminal’ for the purpose of Article 6.1 and 6.3, because professional disciplinary matters concern the relationship between professional associations and individuals rather than draw on law of general application. The fact that the practitioner can study a transcript of the hearing, including not only the evidence but the submissions on the evidence by the respective parties, assists the practitioner in understanding not only which witnesses evidence was accepted and which rejected but why it did so. The complaint was inadmissible.

Citations:

9 December 1997 ECHR, (1998) EHRLR 338

Jurisdiction:

Human Rights

Cited by:

Cited – Dr John Harding Price v The General Medical Council PC 7-Nov-2001
(Professional Conduct Committee of the GMC) The doctor appealed an order striking him off the register for unprofessional conduct. He complained that the Committee had a majority of lay rather than professional members, one doctor having withdrawn . .
Cited – Southall v The General Medical Council Admn 22-May-2009
The doctor appealed against the erasure of his name from the register of medical practitioners after a finding of serious professional misconduct. There had been earlier similar findings, but based on different allegations.
Held: The doctor’s . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 12 July 2022; Ref: scu.181801

Iraklar v Turkey: ECHR 28 Oct 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Not necessary to examine Art. 6-3-d; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient

Citations:

[1998] ECHR 100, 19601/92

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 12 July 2022; Ref: scu.165688