Category: Human Rights

Bugajny And Others v Poland: ECHR 6 Nov 2007

The claimants complained that their land had been expropriated. Certain plots in a development area had been designated as ‘internal roads’, which were in due course built and opened to the public. The developers sought to transfer ownership to the council in return for compensation, under a statute by which ‘public roads’ were required to be expropriated subject to compensation. This request was rejected on the grounds that, not having been provided for in the local land development plan, they did not belong to the category of ‘public roads’.
Held: The claimants succeeded. The requirement to accept the public use of the roads was an interference with the peaceful enjoyment of their possessions within A1P1. Although it met the requirements of being lawful and in the general interest, it was not proportionate.
The court recognised that ‘in the area of land development and town planning’ contracting states enjoyed ‘a wide margin of appreciation in order to implement their policies’; but it was for the court to determine ‘whether the requisite balance was maintained in a manner consonant with the applicant’s right of property’ . . To explain how it approached that task, it is necessary to quote from the judgment at some length:
‘ . . [The roads] currently serve both the general public and the housing estate which the applicants developed and are open both to public and private transport of all kinds . . Given that the entire area of the housing estate covers nine hectares which were divided into as many as thirty-six plots of land designated for the construction purposes, it is reasonable to accept that a considerable number of people can be said to use these roads. It has not been shown or even argued that the access to the estate or the use of these roads is restricted or limited in any way. The situation examined in the present case must therefore be distinguished from that of ‘fenced’ housing estates to which the public access is restricted by a decision of its inhabitants.
The only way in which the land in question can now be used is as roads. The applicants are also currently obliged to bear the costs of their maintenance. The Court emphasises that the burden which the applicants were made to bear is not limited in time in any way.
The Court observes that one of the arguments on which the authorities relied when refusing to expropriate the applicants’ property was that the roads to be constructed on the estate had not been included in the local land development plan. However, it reiterates that it was not in dispute that the decision on the division could be issued only when the division plan submitted by the owners was compatible with the land development plan. The Court considers that by adopting such an approach the authorities could effectively evade the obligation to build and maintain roads other than major thoroughfares provided for in the plans and shift this obligation onto individual owners.
The Court finally notes that the Poznan Regional Court expressed serious doubts as to whether the applicants’ situation was compatible with the requirements of article 1 of Protocol No 1. This court expressly compared the applicants’ position to that of the applicant in the Papamichalopoulos v Greece case [(1993) 16 EHRR 440] and considered it to be ‘even worse’. In the Court’s view, the applicants’ situation in the present case was less serious than the situation examined in the Papamichalopoulos judgment, because they were not divested of all possibility of using their property. Nonetheless, such a critical assessment on the part of the domestic court is certainly, in the Court’s view, of relevance for the overall assessment of the case.
Having regard to the above considerations, the Court is of the view that a fair balance was not struck between the competing general and individual interests and that the applicants had to bear an excessive individual burden.’ (paras 70-74)

Judges:

J. Casadevall, P

Citations:

22531/05, [2007] ECHR 891

Links:

Bailii

Statutes:

European Convention on Human Rights A1P1

Cited by:

Cited – Cusack v London Borough of Harrow SC 19-Jun-2013
The landowner practised from property in Harrow. The former garden had now for many years been used as a forecourt open to the highway, for parking cars of staff and clients. Cars crossed the footpath to gain access, and backing out into the road . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Land

Updated: 12 July 2022; Ref: scu.261269

Dobson and others v Thames Water Utilities Ltd and Another: TCC 24 Aug 2007

The several claimants sought damages from the defendants for nuisance from mosquitoes which collected at the defendant’s sewage works.

Judges:

Ramsey J

Citations:

[2007] EWHC 2021 (TCC)

Links:

Bailii

Cited by:

Appeal from – Dobson and others v Thames Utilities CA 18-Mar-2008
Claim for orders re management of sewerage works – smell and mosquitoes. Leave to appeal granted. . .
Appeal from – Dobson and others v Thames Water Utilities Ltd and Another CA 29-Jan-2009
The claimants complained of odours and mosquitoes affecting their properties from the activities of the defendants in the conduct of their adjoining Sewage Treatment plant. The issue was as to the rights of non title holders to damages in nuisance . .
Lists of cited by and citing cases may be incomplete.

Land, Human Rights, Nuisance, Utilities

Updated: 12 July 2022; Ref: scu.260062

The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007

The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion.
Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an employee. ‘The religious beliefs of a community may be such that their manifestation does not involve the creation of a relationship enforceable at law between members of the religious community and one of their number appointed to minister to the others, whether the appointment is by the local congregation or under an episcopal form of government. The law should not readily impose a legal relationship on members of a religious community which would be contrary to their religious beliefs. These beliefs and practices may be such, in the context of a particular church, that no intention to create legal relations is present. To take them into account does not involve any departure from ordinary contractual principles, especially in the light of Article 9.’
Pill LJ discussed the case of Percy: ‘What Percy’s case does, however, is establish that the fact-finding tribunal is no longer required to approach its consideration of the nature of the relationship between a Minister and his Church with the presumption that there was no intention to create legal relations. The earlier cases, as explained, do not exclude that possibility; strong statements in Percy’s case leave it open to employment tribunals to find, provided of course a careful and conscientious scrutiny of the evidence justifies such a finding, that there is an intention to create legal relations between a Church and one of its Ministers . . The Chairman was not bound by authority to reach a different conclusion. It is recognised that a spiritual motivation in working for a Church does not necessarily preclude an intention to create legal relations.
The guidance to be followed is, in my view, that stated by Lord Nicholls, at paragraphs 23 to 26 of his speech . . It was found that there was in Percy’s case an intention to create a legally binding relationship but the earlier authorities were not overruled. As Dillon LJ stated in Parfitt’s case . . ‘The spiritual nature of the work and the spiritual discipline under which it is performed must be very relevant considerations when it has to be decided whether or not there is a contractual relationship’. That remains, in my view, a principle of the law of England and Wales.’

Judges:

Pill, Arden, Lawrence Collins LJJ

Citations:

[2007] EWCA Civ 1004, Times 20-Nov-2007, [2008] ICR 282, [2008] IRLR 134, [2008] HRLR 2

Links:

Bailii

Statutes:

Employment Rights Act 1996, European Convention on Human Rights 9

Jurisdiction:

England and Wales

Citing:

Cited – President of the Methodist Conference v Parfitt CA 1-Oct-1983
The claimant sought to assert that he as a minister of the Methodist Church who had been received into full connection had a contract of employment with the church. Having that contract, he said hat he had been unfairly dismissed.
Held: A . .
Cited – Reverend Doctor A B Coker v Diocese of Southwark; Bishop of Southwark and Diocesan Board of Finance CA 11-Jul-1997
A Church of England Assistant Curate is not an employee, but rather a holder of an ecclesiastical office. There is a presumption that ministers of religion were office-holders who did not serve under a contract of employment. Accordingly he is not . .
Cited – Davies v Presbyterian Church of Wales HL 1986
A minister of the Presbyterian Church of Wales who had been inducted pastor of a united pastorate in Wales claimed unfair dismissal.
Held: If the existence or otherwise of the relationship of employer and employee is dependent solely upon the . .
Cited – Santokh Singh v Guru Nanak Gurdwara CA 1990
A Granthi, a priest, at a Sikh temple was not employed under a contract of service. . .
Cited – Kokkinakis v Greece ECHR 25-May-1993
The defendant was convicted for proselytism contrary to Greek law. He claimed a breach of Article 9.
Held: To say that Jehovah’s Witness were proselytising criminally was excessive. Punishment for proselytising was unlawful in the . .
Cited – Rogers v Booth CA 1937
The plaintiff, a Salvation Army Officer claimed under the Workmen’s Compensation Act.
Held: The claim failed. Sir Wilfred Green MR said that membership of the Salvation Army gave rise to a relationship ‘pre-eminently of a spiritual character’ . .
Cited – Koeller and Another v Coleg Elidyr (Camphill Communities Wales) Ltd CA 12-Jul-2005
The applicants occupied a house as licensees. An order for possession was made against them. The company was a charitable company set up to provide accomodation in communities for handicapped adults. The workers in the communities were not formally . .
Cited – Hasan and Chaush v Bulgaria ECHR 26-Oct-2000
The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: ‘Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the . .
Appeal from – New Testament Church of God v Stewart EAT 27-Oct-2006
EAT The tribunal had been correct in finding that as between the church and a pastor there had been an intention to enter into legal relations with sufficient characteristics of a contract of service. . .
Cited – Percy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .

Cited by:

Cited – Singh v The Members of The Management Committe of The Bristol Sikh Temple and Others EAT 14-Feb-2012
EAT WORKING TIME REGULATIONS – Worker
NATIONAL MINIMUM WAGE ACT – Worker
The issue was whether the Priest at a Sikh Temple was a ‘worker’ within section 54(3)(b) of the National Minimum Wage Act 1998. . .
Lists of cited by and citing cases may be incomplete.

Employment, Ecclesiastical, Human Rights

Updated: 12 July 2022; Ref: scu.259917

Lindon, Otchakovsky-Laurens and July v France: ECHR 22 Oct 2007

ECHR (Grand Chamber) The court emphasised the public interest in protecting the reputation of those in public life. Regardless of the forcefulness of political struggles, it is legitimate to try to ensure that those debating politics abide by a minimum degree of moderation and propriety: ‘Freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2 of Article 10, it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb. Such are the demands of pluralism, tolerance and broadmindedness without which there is no ‘democratic society’. As set forth in Article 10, this freedom is subject to exceptions, which must, however, be construed strictly, and the need for any restrictions must be established convincingly.
The adjective ‘necessary’, within the meaning of Article 10 ss 2, implies the existence of a ‘pressing social need’. The Contracting States have a certain margin of appreciation in assessing whether such a need exists, but it goes hand in hand with European supervision, embracing both the legislation and the decisions applying it, even those given by an independent court. The Court is therefore empowered to give the final ruling on whether a ‘restriction’ is reconcilable with freedom of expression as protected by Article 10.
The Court’s task, in exercising its supervisory jurisdiction, is not to take the place of the competent national authorities but rather to review under Article 10 the decisions they delivered pursuant to their power of appreciation. This does not mean that the supervision is limited to ascertaining whether the respondent State exercised its discretion reasonably, carefully and in good faith; what the Court has to do is to look at the interference complained of in the light of the case as a whole and determine whether the reasons adduced by the national authorities to justify it are ‘relevant and sufficient’ and whether it was ‘proportionate to the legitimate aim pursued’. In doing so, the Court has to satisfy itself that the national authorities applied standards which were in conformity with the principles embodied in Article 10 and, moreover, that they relied on an acceptable assessment of the relevant facts.’
‘The classification of a statement as a fact or as a value judgement is a matter which in the first place falls within the margin of appreciation of the national authorities, in particular the domestic courts. However, even where a statement amounts to a value judgment, there must exist a sufficient factual basis to support it, failing which it will be excessive.’

Citations:

21279/02, [2007] ECHR 836

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

Cited – Malik v Newspost Ltd and others QBD 20-Dec-2007
The claimant, a politician, sought damages after another local politician accused him of using physical intimidation at elections. The defendant claimed a Reynolds privilege.
Held: This was not investigative journalism, and ‘There is no doubt . .
Cited – Gaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
Cited – Spiller and Another v Joseph and Others SC 1-Dec-2010
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal.
Held: The defendants’ appeal succeeded, and the fair . .
Cited – MGN Limited v United Kingdom ECHR 18-Jan-2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 12 July 2022; Ref: scu.259966

3 Individual Present Professional Trustees of 2 Trusts v an Infant Prospective Beneficiary of One Trust and others: ChD 25 Jul 2007

The parties challenged under the 198 Act the right of trustees to seek a Beddoe order protecting themselves against an award of costs.

Citations:

[2007] EWHC 1922 (Ch)

Links:

Bailii

Statutes:

Human Rights Act 1998 Part 1

Jurisdiction:

England and Wales

Citing:

Cited – In Re Beddoe, Downes v Cottam CA 1893
A trustee had unsuccessfully defended an action against the trust in detinue for the return of deeds. He now sought protection against a costs order. Costs having been awarded against a trustee in proceeding A, the trustee sought to be indemnified . .
Cited – In re Moritz CA 1960
Trustees had denied the defendants a sight of the exhibits to affidavits. Their’ counsel argued for a settled practice that where an application is made by trustees for directions of the Beddoe kind, then the proposed defendant beneficiaries should . .
Cited – McDonald and Others v Horn and Others CA 8-Aug-1994
A court may make a pre-emptive award of costs to pension fund members who wished to sue the trustees. Hoffmann LJ said: ‘if one looks at the economic relationships involved, there does seem to me to be a compelling analogy between a minority . .
Cited – Re Evans 1986
. .
Cited – Marley and 11 Others v Mutual Security Merchant Bank and Trust Co Ltd Co PC 15-Oct-1990
BANKING – EQUITY, TRUSTS, PROBATE ADMINISTRATOR’S POWERS OF INVESTMENT Bank as sole administrator cannot invest estate funds in its own deposits in the absence of express sanction in the trust instrument.
Lord Oliver of Aylmerton said: ‘A . .
Cited – McDonald and Others v Horn and Others ChD 12-Oct-1993
A pre-emptive costs order is possible where Plaintiffs are impecunious but the case is very strong. . .
Cited – In re Trusts of X Charity ChD 2003
If a hearing is heard in private, then it is open to the court to rule that its judgment should be maintained in private. Sir Andrew Morritt said: ‘This, essentially administrative, jurisdiction is designed to provide guidance to the fiduciary as to . .
Lists of cited by and citing cases may be incomplete.

Trusts, Human Rights, Costs

Updated: 12 July 2022; Ref: scu.259656

Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2): HL 27 Jul 2000

The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict liability, and the governor was liable in damages even though he had acted correctly according to then current standards. A court judgment declares the law as it has been. There is no special law relating to prisoners to exempt a governor from liability in such a situation. For the detention to be lawful it must be lawful under domestic law, comply with the general requirements of the Convention, and not be open to criticism on the ground that it is arbitrary. A short-term prisoner who has served half his sentence and a long-term prisoner who has reached his non-parole date have a statutory right to be free: a conditional right, but nonetheless a right, breach of which gives an enforceable right to redress. Lord Slynn discussed the idea of a prospective only ruling, and said that there may be situations in which it would be desirable, and in no way unjust, that the effect of judicial rulings should be prospective or limited to certain claimants. Lord Hobhouse said that prospective ruling was a denial of the constitutional role of the courts.

Judges:

Lord Slynn of Hadley Lord Browne-Wilkinson Lord Steyn Lord Hope of Craighead Lord Hobhouse of Woodborough

Citations:

Times 02-Aug-2000, Gazette 17-Aug-2000, [2000] 3 WLR 843, [2001] 2 AC 19, [2000] UKHL 48, [2000] 4 All ER 15, [2000] UKHRR 836

Links:

House of Lords, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Governor HM Prison Brockhill, ex parte Michelle Carol Evans (No 2) CA 19-Jun-1998
The plaintiff was serving a sentence of imprisonment. Her detention was correctly calculated in accordance with the law as understood. That method was later disapproved when the Divisional Court laid down (everyone has assumed correctly) a different . .

Cited by:

Cited – Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’) HL 25-Nov-2004
Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide dunnage, failure to secure the coils and/or stacking them so that the bottom layers were excessively compressed. The House was . .
Cited – Secretary of State for the Home Department v Hindawi and Headley CA 13-Oct-2004
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his.
Held: The right to be referred to the parole board was a statutory . .
Cited – Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
Cited – National Westminster Bank plc v Spectrum Plus Limited and others HL 30-Jun-2005
Former HL decision in Siebe Gorman overruled
The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
Held: The . .
Cited – Lunn, Regina (on the Application of) v The Governor of HMP Moorland CA 25-May-2006
Having committed an offence whilst on licence, the judge had sentenced the defendant to a term of imprisonment to follow completion of the original sentence. The order drawn up by the clerk recorded that it should be served concurrently. He served . .
Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Cited – Raissi, Regina (on the Application of) v Secretary of State for the Home Department CA 14-Feb-2008
The claimant appealed against refusal of his request for judicial review of the defendant’s decision not to award him damages after his wrongful arrest and detention after he was wrongly suspected of involvement in terrorism. He had been discharged . .
Cited – SK (Zimbabwe) v Secretary of State for the Home Department CA 6-Nov-2008
Immigration detention proper after prison release
The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to imprisonment pending deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime.
Held: The appeal succeeded. ‘The giving of . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages, Human Rights, Prisons

Leading Case

Updated: 12 July 2022; Ref: scu.159080

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 inclusion, in the parenthesis to section 67(8), of a specific reference to decisions relating to ‘jurisdiction’?’
Held: The appeal was allowed (Sumption, Reed, Wilson LL dissenting). Section 67(8) does not oust the supervisory jurisdiction of the High Court for errors of law. The interpretation of section 67(8) must be informed by the close parallel with the provision under review by the House of Lords in Anisminic. The draftsman could have had no doubt that a determination vitiated by any error of law, jurisdictional or not, was to be treated as no determination at all. The reference to a determination was to be read as a reference only to a legally valid determination.

Judges:

Lady Hale, President, Lord Reed, Deputy President, Lord Kerr, Lord Wilson, Lord Sumption, Lord Carnwath, Lord Lloyd-Jones

Citations:

[2020] AC 491, [2019] 2 WLR 1219, [2019] UKSC 22, [2019] 4 All ER 1, [2019] HRLR 13, UKSC 2018/0004

Links:

Bailii, Bailii Summary, SC, SC Summary, SC Video Summary, SC ’18 Dec 03 am Video, SC ’18 Dec 03 pm Video, SC ’18 Dec 04 am Video, SC ’18 Dec 04 pm Video

Statutes:

Regulation of Investigatory Powers Act 2000 67(8), Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

At CA – Privacy International, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs and Others CA 23-Nov-2017
The claimant sought to bring judicial review against the IPT. The IPT argued that section 67(8) of the 2000 Act prevented such a claim. . .
At IPT – Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others IPT 5-Dec-2014
The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret . .
At Admn – Privacy International, Regina (on The Application of) v Investigatory Powers Tribunal Admn 2-Feb-2017
PI appealed from a ruling of the IPT that the provision which empowered the Secretary of State to authorise ‘the taking . . of such action as is specified in the warrant in respect of any property so specified’ was wide enough to encompass computer . .
Cited – Money and Others v Leach 1746
. .
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Bankovic v Belgium ECHR 12-Dec-2001
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own . .
Cited – 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 – Al-Skeini and Others v The United Kingdom ECHR 7-Jul-2011
(Grand Chamber) The exercise of jurisdiction, which is a threshold condition, is a necessary condition for a contracting state to be able to be held responsible for acts or omissions imputable to it which give rise to an allegation of the . .
Cited – Brown (Jamaica), Regina (on The Applications of) v Secretary of State for The Home Department SC 4-Mar-2015
B, an homosexual immigrant for Jamaica, resisted his return, saying that he would be prosecuted. The Secretary of State now appealed against a finding that his inclusion of Jamaica within the statutory list of safe countries for return was not . .
Cited – Miranda v Secretary of State for The Home Department and Others Admn 19-Feb-2014
The claimant alleged that his detention by the police and the removal from him of encrypted computer storage devices purporting to use powers under the 2000 Act. He and his journalist partner had received and published materials said to be of . .
Cited – Malone v The United Kingdom ECHR 2-Aug-1984
COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in . .
Cited – Belhadj and Others v Security Service and Others (Including Determination) IPT 29-Apr-2015
The court considered the methods used for collection of information by the security services, and gave the following guidance: ‘(i) Whether in fact there has been, prior to 18 November 2014, soliciting, receiving, storing and transmitting by UK . .
Cited – 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 . .
Cited – 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 . .

Cited by:

Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to imprisonment pending deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime.
Held: The appeal succeeded. ‘The giving of . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Human Rights

Updated: 12 July 2022; Ref: scu.636999

Federation of Tour Operators and Others, Regina (on the Application of) v HM Revenue and Customs and others: Admn 4 Sep 2007

The claimants complained that the sudden doubling of Airport Passenger Duty was unlawful since it had not been possible to recover this from customers, and was in breach of the Convention.
Held: The claim failed. The cost to the applicants as a whole was approximately pounds 50 million. The tax could only be challenged in a way open to anyone to attack an Act of Parliament, but the applicants had been unable to show that the government had failed to take into account any material consideration, in making the Regulations which covered their members. Nor could they show any sufficient incompatibility either with European law or with Human Rights law. Statements made in Parliament may be admitted in evidence before the courts without their admission contravening the prohibition against questioning or impeaching the parliamentary process.
Stanley Burnton J said: ‘In my judgment, the Speaker’s submissions, and the authorities to which I have referred, demonstrate the importance of identifying the purpose for which evidence of proceedings in Parliament is relied upon. Like Bean J in Bradley, it is the relevance of that material as well as its origin that the Court must consider. It is necessary to consider whether this material would otherwise be admissible on or relevant to the determination of the Claimants’ substantive claims, before deciding whether its origin precludes their adducing it in evidence.’

Judges:

Stanley Burnton J

Citations:

[2007] EWHC 2062 (Admin), Times 09-Oct-2007

Links:

Bailii

Statutes:

Chicago Convention on International Civil Aviation 1944

Jurisdiction:

England and Wales

Cited by:

Cited – Office of Government Commerce v Information Commissioner and Another Admn 11-Apr-2008
The Office appealed against decisions ordering it to release information about the gateway reviews for the proposed identity card system, claiming a qualified exemption from disclosure under the 2000 Act.
Held: The decision was set aside for . .
Appeal from – Federation of Tour Operators and Others, Regina (on the Application of) v HM Treasury CA 2-Jul-2008
Appeal against refusal of relief on challenge to introduction of Air Passenger Duty.
Held: The system which did not exempt passengers who had prepaid for their journey did not place an excessive burden on operators. The request failed. . .
Cited – Chaytor and Others, Regina v CACD 30-Jul-2010
The defendants had been members of the Houses of Commons and of Lords. They faced charges of dishonesty in respect of their expenses claims. They now appealed a finding that they were not subject to the exclusive jurisdiction of Parliament under . .
Cited – Kimathi and Others v Foreign and Commonwealth Office QBD 20-Dec-2017
Parliamentary privilege The claimants sought to have admitted as evidence extracts from Hansard in support of their claim for damages arising from historic claims.
Held: The court set out the authorities and made orders as to each element. . .
Lists of cited by and citing cases may be incomplete.

Taxes – Other, Human Rights, Constitutional

Updated: 11 July 2022; Ref: scu.259211

Dine (ECHR Art 8, Physical and Moral Integrity, Proportionality) Kosovo: IAT 19 Feb 2003

The Secretary of State appealed with leave against the decision of an Adjudicator who had allowed the respondent’s appeal against the applicant’s decision to direct the respondent’s removal from the United Kingdom. The respondent was a citizen of the Federal Republic of Yugoslavia.

Citations:

[2002] UKIAT 06638

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 11 July 2022; Ref: scu.258691

Ali, Regina (on the Application of) v Secretary of State for the Home Department: Admn 5 Jul 2007

The applicants had first applied for asylum in 1999 and then been given leave to stay, but the husband not yet indefinite leave. The wife applied for naturalisation for herself and the children which was refused because the husband did not yet have indefinite leave.

Citations:

[2007] EWHC 1983 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 11 July 2022; Ref: scu.258803

Bernard, Regina (on the Application of) v London Borough of Enfield: Admn 25 Oct 2002

The claimants were husband and wife. They had six children. The wife was severely disabled and confined to a wheelchair. In breach of their duty under section 21(1)(a) of the 1948 Act, the respondent council failed for some 20 months to provide the family with accommodation suited to her disability. The consequences were appalling. The wife was doubly incontinent and, because there was no wheelchair access to the lavatory, was forced to defecate and urinate on the living-room floor. And she was unable to play any part in looking after her six children.
Held: The respondent’s failure was a clear breach of the claimant’s article 8 rights and not at all finely balanced. The court awarded andpound;10,000 damages.

Judges:

Sullivan J

Citations:

[2002] EWHC 2282 (Admin), [2003] HRLR 111, [2003] LGR 423

Links:

Bailii

Statutes:

Human Rights Act 1998 8, National Assistance Act 1948 21(1)(a)

Jurisdiction:

England and Wales

Cited by:

Cited – McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea SC 6-Jul-2011
The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Damages, Housing

Updated: 11 July 2022; Ref: scu.258663

Cobzaru v Romania: ECHR 26 Jul 2007

The applicant complained of having been beaten by police officers when he went to the police station to report an attack. He was a Roma and complained of State discrimination.

Citations:

48254/99, [2007] ECHR 669, (2007) 23 BHRC 36

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

Cited – Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening) HL 12-Nov-2008
(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 11 July 2022; Ref: scu.258544

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 claim was struck out. In effect this was an application for protection of the mother, and the court was being asked to extend the jurisprudence in Campbell v MGN to follow more recent cases in the ECHR. The mother had always kept her children out of the media, despite continuous intrusions. ‘one needs, I think, to differentiate between the case where the child has for medical or some other personal reasons come to the knowledge of the general public and for those very reasons may be particularly vulnerable to harm from intrusive press exposure and the much more ordinary case (such as the present one) in which the child comes into focus largely if not exclusively by being in the company of his or her much more famous parents. Even in cases of this kind the Court is bound to have regard to any particular harm (actual or prospective) which the child may suffer from having his image publicly displayed. But in most such cases (and on the pleadings this is no exception) the child will have suffered no upset or harm. The purpose of the claim will be to carve out for the child some private space in relation to his public appearances. ‘ The starting point is to establish whether an article 8 human right is engaged, and only then to balance the rights of te child of of the media. The photographs were taken in a public place. That was not itself conclusive, but there were none of the context which might say that an article 8 issue had arisen.
The boundaries of what any individual can reasonably expect to remain confidential or private are necessarily influenced by the fact that we live in an open society with a free press. If harassment becomes an issue then it can and should be dealt with specifically as it is by the 1997 Act.
As to the claim under the Data Protection Act, though the defendant was not properly registered and therefore the data was not processed properly or fairly, that Act recompensed only financial loss, and no such loss appeared here.
‘The question whether a child in any particular circumstances has a reasonable expectation for privacy must be determined by the court taking an objective view of the matter including the reasonable expectations of his parents in those same circumstances as to whether their children’s lives in a public place should remain private . . The court can attribute to the child reasonable expectations about his private life based on matters such as how it has in fact been conducted by those responsible for his welfare and upbringing.’

Judges:

Patten J

Citations:

[2007] EWHC 1908 (Ch), Times 04-Oct-2007, [2008] 1 WLR 2846, [2007] UKHRR 1322, [2007] Fam Law 1073, [2007] ECDR 20, [2007] EMLR 22, [2007] HRLR 44, [2008] 1 FLR 704, [2007] 3 FCR 331

Links:

Bailii

Statutes:

European Convention on Human Rights 8, Protection from Harassment Act 1997, Data Protection Act 1994 4(4)

Jurisdiction:

England and Wales

Citing:

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 – 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 – 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 . .
Cited – Prince Albert v Strange ChD 8-Feb-1849
The Prince sought to restrain publication of otherwise unpublished private etchings and lists of works by Queen Victoria. The etchings appeared to have been removed surreptitiously from or by one Brown. A personal confidence was claimed.
Held: . .
Cited – Coco v A N Clark (Engineers) Ltd ChD 1968
Requirememts to prove breach of confidence
A claim was made for breach of confidence in respect of technical information whose value was commercial.
Held: Megarry J set out three elements which will normally be required if, apart from contract, a case of breach of confidence is to . .
Cited – Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd 15-Nov-2001
(High Court of Australia) The activities of a company which processed possum meat for export (‘what the processing of possums looks,and sounds like’) were not such as to attract the quality of being confidential for the purpose of the law protecting . .
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 – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Cited – 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 – 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 – 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 – 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 – 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 – Secretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
Cited – Johnson v The Medical Defence Union CA 28-Mar-2007
The claimant asserted that the 1998 Act created rights between the parties that are in substance though not in form of a contractual nature; and rights to compensation for infringement of those primary rights of a nature that did not previously . .
Cited – John v Associated Newspapers Ltd QBD 23-Jun-2006
Photographs were taken of Sir Elton John in a London street outside his home. They showed him dressed in a tracksuit and wearing a baseball cap but were otherwise innocuous.
Held: The court refused to grant an injunction on the basis that Sir . .

Cited by:

Appeal from – 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 . .
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 – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Children, Information

Updated: 11 July 2022; Ref: scu.258616

Xenides-Arestis v Turkey: ECHR 22 Dec 2005

The applicant alleged a continuing violation of Articles 8 of the Convention and 1 of Protocol No. 1, taken alone and in conjunction with Article 14. In particular, she maintained that the Turkish military forces prevent her from having access to, from using and enjoying her home and property in the area of Famagusta, in northern Cyprus. She submitted that this was due to the fact that she is Orthodox and of Greek-Cypriot origin.

Judges:

G. Ress, P

Citations:

46347/99, [2005] ECHR 919

Links:

Worldlii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – 25 cases against Portugal ECHR 4-Mar-2010
Execution of the judgment of the European Court of Human Rights – excessive length of judicial proceedings . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 11 July 2022; Ref: scu.239577

A v United Kingdom: ECHR 1982

The Commission considered a complaint where entry clearance was refused for the Philippine fiancee of a disabled man of limited means on the basis that she did not have the means to maintain and support herself without access to public funds.
Held: The complaint was manifestly ill-founded. There was no evidence there would be any legal obstacles preventing the applicant from marrying his fiancee in the Philippines. The article 12 right: ‘does not, in principle, include the right to choose the geographical location of the marriage’ and ‘the Commission considers that the limitation of immigration possibilities to only those people who will definitely not create an economic burden on the host state is not of itself an unreasonable or arbitrary requirement’.

Citations:

9773/82, [1982] 5 EHRR 296

Statutes:

European Convention on Human Rights 8 12 14

Jurisdiction:

Human Rights

Cited by:

Cited – Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department Admn 10-Apr-2006
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The . .
Cited – Secretary of State for the Home Department v Baiai and others CA 23-May-2007
The claimants challenged rules which meant that certain immigrants subject to immigration control were unable to marry, save only those marrying according to the rites of the Church of England.
Held: The rules were not justified by evidence . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration

Updated: 11 July 2022; Ref: scu.240354

Gerasimenko v Russia: ECHR 17 Nov 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of P1-1; Not necessary to examine Art. 13; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic and convention proceedings.

Citations:

24657/03

Jurisdiction:

Human Rights

Human Rights

Updated: 11 July 2022; Ref: scu.235175

Angelova And Iliev v Bulgaria: ECHR 26 Jul 2007

The applicants were mother and brother of a Roma man who had been stabbed to death by a gang of teenagers. They did not suggest any direct involvement of the state, but complained of inadequacies in the police investigation.
Held: The absence of any direct state responsibility for the death did not exclude the applicability of section 2. The Convention imposed a duty to secure the right to life by putting in place effective criminal law provisions to deter the commission of offences backed by law-enforcement machinery: ‘The Court reiterates that in the circumstances of the present case this obligation requires that there should be some form of effective official investigation when there is reason to believe that an individual has sustained life-threatening injuries in suspicious circumstances. The investigation must be capable of establishing the cause of the injuries and the identification of those responsible with a view to their punishment. Where death results, as in the present case, the investigation assumes even greater importance, having regard to the fact that the essential purpose of such an investigation is to secure the effective implementation of the domestic laws which protect the right to life.’
It was particularly important that the investigation should be pursued with vigour and impartiality where the attack was racially motivated.

Citations:

55523/00, [2007] ECHR 670

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

Cited – Reynolds, Regina (on the Application of) v Independent Police Complaints Commission and Another CA 22-Oct-2008
The court was asked to consider whether the IPCC could investigate the circumstances leading to the arrest of a suspect who fell into a coma after being arrested for being drunk. The IPCC appealed, saying that it did not have jurisdiction to . .
Cited – McCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 11 July 2022; Ref: scu.258534

Mata Estevez v Spain: ECHR 10 May 2001

The claimant complained that the state did not give proper recognition of his relationship with his deceased same sex partner.
Held: The court noted the growing tendency in a number of European states towards the legal and judicial recognition of stable de facto partnerships between homosexuals. The court considered that, despite this, there was still little common ground between the contracting states. ‘As regards respect for family life the court said: ‘As regards establishing whether the decision in question concerns the sphere of ‘family life’ within the meaning of Article 8 ss 1 of the Convention, the Court reiterates that, according to the established case-law of the Convention institutions, long-term homosexual relationships between two men do not fall within the scope of the right to respect for family life protected by Article 8 of the Convention. The Court considers that, despite the growing tendency in a number of European states towards a legal and judicial recognition of stable de facto partnerships between homosexuals, this is, given the existence of little common ground between the Contracting States, an area where the contracting states ‘still enjoy a wide margin of appreciation’. Accordingly, the applicant’s relationship with his late partner ‘does not fall within Article 8 in so far as that provision protects the right to respect for family life’. despite the growing tendency in a number of European States towards the legal and judicial recognition of stable de facto partnerships between homosexuals, this is, given the existence of little common ground between the Contracting States, an area in which they still enjoy a wide margin of appreciation . . . Accordingly, the applicant’s relationship with his late partner does not fall within article 8 insofar as that provision protects the right to respect for human life.’ and ‘a legitimate aim, which is the protection of the family based on marriage bonds (see, mutatis mutandis, the Marcks v Belgium judgment of 13 June 1979, Series A No. 31. 40). The court considers that the difference in treatment found can be considered to fall within the state’s margin of appreciation . . .’

Citations:

56501/00, [2001] ECHR 896

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Secretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
Cited – Wilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
Cited – Secretary of State for Work and Pensions v M CA 15-Oct-2004
M had challenged the Child Support Regulations saying that they discriminated against her. She was the liable parent, and in a monogomoud lesbian relationship. As such she said that she was treated worse than she would have been since the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Discrimination

Updated: 11 July 2022; Ref: scu.239723

Taylor-Sabori v The United Kingdom: ECHR 22 Oct 2002

The applicant had been convicted of serious criminal offences. There were admitted into evidence intercepts of messages to his pager. He complained that this infringed his right to respect for his private correspondence.
Held: The pager messages were correspondence. The UK legislation covering interception of correspondence did not apply to such materials, and accordingly any interception was not under a regime which was ‘in accordance with law’ as required, and infringed his rights.

Judges:

J-P Cost, Bratza, Loucaides, Birsan, Jungwiert, Butkevych, Thomassen

Citations:

Times 31-Oct-2002, 47114/99, [2002] ECHR 686

Links:

Worldlii

Statutes:

European Convention on Human Rights Art 8

Jurisdiction:

Human Rights

Cited by:

Cited – Wood v United Kingdom ECHR 16-Nov-2004
Police officers had placed suspects in a cell together and covertly recorded their conversation in order to obtain evidence against them. The events took place in 1999.
Held: The recording was outside any legal system of control and interefred . .
Cited – Amwell View School v Dogherty EAT 15-Sep-2006
amwell_dogherty
The claimant had secretly recorded the disciplinary hearings and also the deliberations of the disciplinary panel after their retirement. The tribunal had at a case management hearing admitted the recordings as evidence, and the defendant appealed, . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Evidence, Criminal Practice

Updated: 11 July 2022; Ref: scu.177817

QX v Secretary of State for The Home Department: Admn 15 May 2020

Challenge to Temporary Exclusion Order.
Held: The concept of ‘civil rights and obligations’ cannot be interpreted solely by reference to national law but has an autonomous meaning within article 6(1)

Citations:

[2020] EWHC 1221 (Admin), [2020] WLR(D) 291

Links:

Bailii, WLRD

Statutes:

Counter-Terrorism and Security Act 2015 11(2)(d), European Convention on Human Rights 6, Data Protection Act 2018

Jurisdiction:

England and Wales

Citing:

Cited – Ferrazzini v Italy ECHR 12-Jul-2001
(Grand Chamber) The court had to decide whether tax proceedings brought by the state against an individual involved the determination of a civil right within the meaning of article 6(1). It was argued by the Government that the existence of an . .
Cited – Ringeisen v Austria ECHR 16-Jul-1971
The Austrian District and Regional Real Property Transactions Commission refused to approve the sale of a number of plots of land. The applicant challenged the refusal alleging bias and contending that his article 6 rights were violated for that . .
Cited – Secretary of State for the Home Department v AF AN and AE (No 3) HL 10-Jun-2009
The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The . .
Cited – De Tommaso v Italy ECHR 23-Feb-2017
Grand Chamber – there has been a shift in ECHR case law towards applying the civil aspect of article 6(1) to cases which ‘might not initially appear to concern a civil right’ but which may have ‘direct and significant repercussions on a private . .
Cited – Maaouia v France ECHR 5-Oct-2000
A deportation order, made against a Tunisian, was eventually quashed by the French Administrative Court and the Article 6 complaints related to the length of time taken in the proceedings. The Court’s reasoning why Article 6 does not apply to . .
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 . .

Cited by:

Cited – Reprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
See Also – QX v Secretary of State for The Home Department Admn 21-Sep-2020
Whether the present proceedings breach the claimant’s right to a fair trial under article 6 of the Convention.
The claimant applied for a review of two of the obligations imposed on him after his return to the United Kingdom under a Temporary . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 11 July 2022; Ref: scu.650832

QX v Secretary of State for The Home Department: Admn 21 Sep 2020

Whether the present proceedings breach the claimant’s right to a fair trial under article 6 of the Convention.
The claimant applied for a review of two of the obligations imposed on him after his return to the United Kingdom under a Temporary Exclusion Order. The obligations are made under section 9 of ‘the 2015 Act. In their current form, they are as follows:
(i) A reporting obligation: the claimant must report daily to a named police station between specified hours; and
(ii) An appointments obligation: the claimant must each week attend a two-hour appointment with a mentor from the Home Office Desistance and Disengagement Programme and a two-hour appointment with a theologian.
In his written grounds for review the claimant sought an order quashing the obligations. He submits that each of the obligations engages his right to respect for private and family life under article 8 of the Convention and that they breach article 8 because they are neither necessary nor proportionate.

Judges:

Farbey J

Citations:

[2020] EWHC 2508 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 6, Counter-Terrorism and Security Act 2015 9

Jurisdiction:

England and Wales

Citing:

See Also – QX v Secretary of State for The Home Department Admn 15-May-2020
Challenge to Temporary Exclusion Order.
Held: The concept of ‘civil rights and obligations’ cannot be interpreted solely by reference to national law but has an autonomous meaning within article 6(1) . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Crime, Immigration

Updated: 11 July 2022; Ref: scu.654034

MT (Algeria) and others v Secretary of State for the Home Department: CA 30 Jul 2007

The defendants challenged deportation orders made for national security purposes, saying that the Special Immigration Appeals Commission should not have taken closed material into account. They argued that if returned to Algeria, they would suffer torture.
Held: SIAC was entitled to take such material into account. The court had a duty of rigorous scrutiny, but the presence of the defendant was not a prerequisite for that. The commission had in fact failed in that duty, and the case was remitted to the Commission.

Judges:

Sir Anthony Clarke MR, Buxton LJ, Smith LJ

Citations:

[2007] EWCA Civ 808, Times 03-Aug-2007, [2008] 2 All ER 786, [2007] UKHRR 1267, [2008] 2 WLR 159, [2007] HRLR 41, [2008] QB 533, [2008] 1 Lloyds Rep 30, [2007] All ER (D) 466, [2008] 1 All ER (Comm) 113

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Lancashire County Council ex parte Huddleston CA 1986
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into . .

Cited by:

Cited – Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah SC 31-Oct-2012
The claimant complained that the UK Armed forces had taken part in his unlawful rendition from Iraq by the US government. He had been detaiined in Iraq and transferred to US Forces. The government became aware that he was to be removed to . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 11 July 2022; Ref: scu.258457

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.

Citations:

24027/07, [2007] ECHR 603

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Citing:

At Court of Appeal – 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 . .

Cited by:

See Also – 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 . .
See Also – Ahmad and Aswat v United Kingdom ECHR 6-Jul-2010
It will only be in exceptional circumstances that an applicant’s private or family life in a contracting state will outweigh the legitimate aim pursued by his or her extradition. Recalling that there is no right in the Convention not to be . .
See Also – Babar Ahmad And Aswat v United Kingdom ECHR 10-Apr-2012
The applicants said that if extradited to the USA to face charges related to terrorism, they would risk facing either imprisonment by Presidential decree, or full life terms.
Held: Detention conditions and length of sentences of five alleged . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Extradition

Updated: 11 July 2022; Ref: scu.258213

Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others: FD 5 Jul 2007

The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter.
Held: The application was frivolous. None of the evidence presented remotely constituted evidence of what the claimant asserted. Though section 124 appeared to grant a full right to see a will lodged with the registry, that right was subject to a discretion in the court. As to his human rights claim that he was entitled to know: ‘The Human Rights Act was enacted and the Convention concluded in order to protect from interference and prejudice real rights and existing situations, not illusory rights or imaginary claims. A claimant is entitled to respect for the existence and development of his or her real family life under Article 8 and not for a fantasy family life, the product of his or her imagination. ‘ The claim failed.

Judges:

Sir Mark Potter P

Citations:

[2007] EWHC 1607 (Fam), [2007] WTLR 1129

Links:

Bailii

Statutes:

Non-Contentious Probate Rules 1987, Supreme Court Act 1981 124

Jurisdiction:

England and Wales

Citing:

Cited – In re: King George III 1822
The will of the Sovereign is not subject to probate. . .
Cited – Reichal v Magrath 1889
The court has an inherent jurisdiction to strike out all proceedings before it which are obviously frivolous or vexatious or an abuse of its process. . .
Cited – In re Stollery 1926
A birth certificate is prima facie evidence of all matters required by statute to be entered in the certificate. . .
Cited – Gouriet v Union of Post Office Workers HL 26-Jul-1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order.
Held: The wide wording of the statute . .
Cited – Jackson v Jackson and Pavan 1964
A properly issued birth certificate is prima facie evidence of the matters stated. . .
Cited – Regina v Inland Revenue Commissioners, ex parte the National Federation of Self-Employed and Small Businesses Ltd HL 9-Apr-1981
Limitations on HMRC discretion on investigation
The Commissioners had been concerned at tax evasion of up to 1 million pounds a year by casual workers employed in Fleet Street. They agreed with the employers and unions to collect tax in the future, but that they would not pursue those who had . .
Cited – Re Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council v News Group Newspapers FD 2-Dec-2003
A twelve year old girl had become pregnant. The Catholic Church was said to have paid her not to have an abortion. After the birth she and her baby were taken into care. The authority proposed the adoption of the baby. There was more publicity. . .
Cited – Regina v Monopolies and Mergers Commission, ex parte Argyll Group plc CA 14-Mar-1986
Weighing Interest of Seeker of Judicial Review
The court recast in simpler language the provision in section 75 empowering the Secretary of State to make a merger reference to the Commission: ‘where it appears to him that it is or may be the fact that arrangements are in progress or in . .
Cited – Pretty v The United Kingdom ECHR 29-Apr-2002
Right to Life Did Not include Right to Death
The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not . .
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 – Botta v Italy ECHR 24-Feb-1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday.
Held: ‘Private life . . includes a person’s . .
Cited – Leander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .
Cited – Guerra and Others v Italy ECHR 19-Feb-1998
(Grand Chamber) The applicants lived about 1km from a chemical factory which produced fertilizers and other chemicals and was classified as ‘high risk’ in criteria set out by Presidential Decree.
Held: Failure by a government to release to an . .
Cited – Niemietz v Germany ECHR 16-Dec-1992
A lawyer complained that a search of his offices was an interference with his private life.
Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his . .
Cited – Gaskin v The United Kingdom ECHR 7-Jul-1989
The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied.
Held: The refusal to allow him . .

Cited by:

Appeal from – Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others CA 8-Feb-2008
The claimant sought leave to appeal refusal of access to the will of Princess Margaret. He wished to prove that he was her illegitimate son. The will had been subject to an order providing that its contens were not to be published.
Held: . .
Cited – Re Benmusa FD 14-Mar-2017
No Access to will of Princess Margaret
The claimant sought to have unsealed the will of the late Princess Margaret.
Held: The application was struck out: ‘The applicant has not articulated any intelligible basis for her claim. The facts alleged by the applicant neither assert nor . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Human Rights

Updated: 11 July 2022; Ref: scu.254471

Ordre des barreaux francophones and Other v Conseil des Minsitres (Conseil des barreaux de l’Union eurpeenne and Ordre des avocats du barreau de Liege, interveners: ECJ 26 Jun 2007

Bodies representing lawyers complained that the anti-money laundering Directive infringed their capacity to provide confidential advice to their clients, in turn infringing their right to a fair trial.
Held: The complaint failed. Insofar as the complaint was restricted to interference with a fair trial, the Directive provided that advice given in the course of proceedings before a court were exempt. The directive applied to matters outside court proceedings, where there was no fair trial to interfere with.

Citations:

Times 02-Jul-2007, C-305/05, [2007] All ER (EC) 953, [2008] WTLR 1059, [2008] CEC 124, [2007] 3 CMLR 28, [2007] ECR I-5305, ECLI:EU:C:2007:383, [2008] Lloyd’s Rep FC 1

Links:

Bailii

Statutes:

European Charter of Fundamental Rights

Jurisdiction:

European

Cited by:

Cited – In Re N (Children) SC 13-Apr-2016
The Court considered whether the future of two little girls, aged four and two years, should be decided by the courts of this country or by the authorities in Hungary. Both children were born in England and lived all their lives here. But their . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Human Rights

Updated: 11 July 2022; Ref: scu.254430

O’Halloran and Francis v United Kingdom: ECHR 29 Jun 2007

(Grand Chamber) Each defendant claimed that the obligation imposed on them to name the driver of a motor vehicle caught by a traffic camera prejudiced his right to a fair trial.
Held: The application failed. The nature of the obligation did not destroy the right to remain silent or the privilege against self incrimination. It did not follow from previous cases that any direct compulsion will automatically result in a violation: ‘While the right to a fair trial under article 6 is an unqualified right, what constitutes a fair trial cannot be the subject of a single unvarying rule but must depend on the circumstances of the particular case.’

Citations:

15809/02, (2008) 46 EHRR 21, [2007] ECHR 545, Times 13-Jul-2007

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights

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

Human Rights, Road Traffic

Updated: 11 July 2022; Ref: scu.254320

Silih v Slovenia: ECHR 28 Jun 2007

Citations:

71463/01, [2007] ECHR 537

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See also – Silih v Slovenia ECHR 9-Apr-2009
(Grand Chamber) Article 2 imposes, in certain circumstances, a freestanding obligation in relation to the investigation of a death which applied even where the death itself had occurred before the member state ratified the Convention.: ”The court . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 11 July 2022; Ref: scu.254322

Nasseri v Secretary of State for the Home Department: Admn 2 Jul 2007

The applicant had sought and been refused asylum. He was found to have come via Greece, and steps were put in place to return him there. He now complained that the provision which allowed no discretion to the respondent to look at his case when the third party country was listed as safe was in breach of his human rights.
Held: A declaration of incompatibility was granted. Counsel for the respondent argued that a declaration could only be granted where a country had been left on the list of ‘safe’ countries when it should be removed. This was mistaken. The deeming provision operated to prevent investigation of a potential breach. This was not merely a denial of a remedy; it directed the respondent not to comply with his obligations under article 3: ‘Failure to conduct an adequate investigation of the risks of loss of life or torture or inhuman and degrading treatment is a breach of the substantive article and it is that investigation that the deeming provision impedes.’

Judges:

McCombe J

Citations:

[2007] EWHC 1548 (Admin), Times 03-Aug-2007, [2008] 1 All ER 411, [2008] 2 WLR 523, [2007] HRLR 36, [2007] UKHRR 1008

Links:

Bailii

Statutes:

Asylum and Immigration (Treatment of Claimants etc) Act 2004 Sch 3

Cited by:

Appeal from – Secretary of State for the Home Department v JN CA 14-May-2008
The Secretary of State appealed against a declaration that paragraph 3(2)(b) of Part 2 of Schedule 3 to the 2004 Act was incompatible with Article 3. The clause was said to restrict the Home Secretary from considering anything beyond the country . .
At First Instance – Secretary of State for the Home Department v Nasseri HL 6-May-2009
The applicant had claimed asylum after fleeing Afghanistan to Greece and then to the UK. On the failure of his application, he would be returned to Greece, but objected that he would thence be returned to Afghanistan where his human rights would be . .
At First Instance – Nasseri v The United Kingdom ECHR 23-Sep-2013
Questions set for the parties . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration

Updated: 11 July 2022; Ref: scu.254346