Category: Human Rights

E, Regina (on the Application of) v Bristol City Council: Admn 13 Jan 2005

The patient did not wish her nearest relative, namely her sister, to be involved with her case and there was evidence that she would be so distressed by the sister being consulted that it could harm her health. The sister likewise did not wish to become involved.
Held: When an adult whose mental health is in issue has clearly expressed the wish that her nearest relative is not to be involved in decisions about her case, and it appears to the AMHP that to contradict that wish may cause the patient distress to the extent of affecting her health, the AMHP is entitled to regard consultation with the nearest relative as not reasonably practicable.
Practicality under the 1983 Act should be approached on the basis that the patient’s interests are to be considered. A judgment has to be made, but it must always be borne in mind that one of the doctors who is concerned with recommending compulsory admission should have had previous acquaintance with the patient. Thus only if it is considered on reasonable grounds to be appropriate in given circumstances for doctors who have not had previous acquaintance to decide whether to recommend admission should such a course be adopted.
Bennett J said: ‘So in the Applicant’s case, prima facie, the approved social worker is obliged to inform the nearest relative under subsection (3) and consult with her under subsection (4). If such were to happen it would be against the Applicant’s express wishes and it could harm her health. Furthermore, in my judgment such contact with Mrs S would either be futile, as Mrs S would take no interest in the matter, or it might give Mrs S the opportunity to interfere even benevolently, as she might see it, in the life of the Applicant.
However, within both subsections (3) and (4) are the words ‘as are practicable’ and ‘not reasonably practicable’ respectively. Can these words be so legitimately interpreted so as to [relieve] the approved social worker, in the instant case, of having to inform, under subsection (3), and/or consult, under subsection (4), with Mrs S. In my judgment they can, for the reasons which I will now give.
Section 3(1) of the Human Rights Act 1998 requires the court, in construing section 11 of the Mental Health Act, so far as possible, to interpret it in a way which is compatible with the Applicant’s rights under the European Convention. In my judgment that is perfectly possible. Indeed, even without that statutory imperative, ‘practicable’ and ‘reasonably practicable’ can be interpreted to include taking account of the Applicant’s wishes and/or her health and well-being.’

Judges:

Bennett J

Citations:

[2005] EWHC 74 (Admin)

Links:

Bailii

Statutes:

Mental Health Act 1983 11(4), Human Rights Act 1998 3

Jurisdiction:

England and Wales

Citing:

Cited – Dedman v British Building and Engineering Appliances CA 1973
The claimant sought to bring his claim under a provision which required a complaint to the industrial tribunal to be made within four weeks of the dismissal unless the employment tribunal was satisfied that this was not ‘practicable’. He did not . .

Cited by:

Cited – TTM v London Borough of Hackney and Others Admn 11-Jun-2010
The claimant had said that his detention under the 1983 Act was unlawful, and that the court should issue a writ of habeas corpus for his release. Having been released he sought damages on the basis that his human rights had been infringed. The . .
Cited – TTM v London Borough of Hackney and Others CA 14-Jan-2011
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the . .
Cited – TW v London Borough of Enfield and Another QBD 8-May-2013
The claimant sought damages after being detained under the 1983 Act, and a declaration that the section used was incompatible with her human rights.
Held: The test for allowing proceedings was set at a low level, and even if section 139 does . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 29 June 2022; Ref: scu.222721

Bangs v Connex South Eastern Ltd: CA 27 Jan 2005

The failure of a tribunal to promulgate its decision was a matter of fact not of law, and could not therefore itself be a ground of appeal to the EAT. The EAT had allowed an appeal on the fair trial provision of the Convention. A failure to promulgate an opinion in a timely manner could lead to a claim against the state for failing to provide a fair trial, but not to an appeal. There was no incompatibility between the rule and convention rights.

Judges:

Dame Elizabeth Butler-Sloss, Mummery, Dyson LJJ

Citations:

[2005] EWCA Civ 14, Times 15-Feb-2005

Links:

Bailii

Statutes:

Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

Appeal from – Kwamin v Abbey National Plc; Birminingham City Council v Mtize; Martin v London Borough of Southwark; Connex South Eastern Ltd vBangs EAT 9-Feb-2004
EAT Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke.
Four cases of delay in promulgation of ET decisions. Three allowed (7.5 months, 12 months, 14.5 months) and one dismissed (4 months). . .
Cited – Cobham v Frett PC 18-Dec-2000
(British Virgin Islands) Two issues arose. First, what was the consequence of inordinate delay between a judge hearing a case and giving his decision, and secondly, how was the law of adverse possession to be applied in cases of interrupted or . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Discrimination

Updated: 29 June 2022; Ref: scu.222039

B, Regina (on the Application of) v Dr SS and others: Admn 31 Jan 2005

The claimant was a mental patient detained for a bipolar dis-order after convictions for rape.

Judges:

Silber J

Citations:

[2005] EWHC 86 (Admin)

Links:

Bailii

Statutes:

Mental Health Act 1983

Jurisdiction:

England and Wales

Citing:

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:

See Also – B v Responsible Medical Officer, Broadmoor Hospital, Dr SS and others Admn 8-Sep-2005
Compulsory administration of treatment to detained mental patient. The court considered, but left open, the relationship between the ‘convincingly shown’ standard of proof, and the decision of the House of Lords in In re H as to the civil standard . .
See Also – B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others CA 26-Jan-2006
The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 29 June 2022; Ref: scu.222027

TK (Article 3, Blind Person, KAA, Prison Condition) Iraq CG: IAT 8 Aug 2002

The Secretary of State appeals to the Tribunal against the determination of an Adjudicator allowing on human rights grounds an appeal by TK against the decision of the Secretary of State to refuse to grant leave to enter the United Kingdom.

Judges:

Prof D B Casson, AVP

Citations:

[2002] UKIAT 03576

Links:

Bailii

Statutes:

European Convention on Human Rights 83

Immigration, Human Rights

Updated: 29 June 2022; Ref: scu.221904

SJ (Article 8 Proportionality, PTSD, Bosnian Muslim, Medical Facilities) Bosnia CG: IAT 18 Jul 2002

‘The Appellant has been granted leave to appeal to the Tribunal against the determination of an Adjudicator . . who allowed the Respondent’s appeal against the Appellant’s decision directing his removal from the United Kingdom and refusing asylum.’

Judges:

D K Allen Ch

Citations:

[2002] UKIAT 02819

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Immigration, Human Rights

Updated: 29 June 2022; Ref: scu.221877

AS (Sufficiency of Protection) Lithuania CG: IAT 19 Jul 2002

IAT The Secretary of State appealed against a decision of an Adjudicator dismissing an asylum claim by the Respondent, a citizen of Lithuania, but allowed her claim under the European Convention on Human Rights, finding that there was a real risk that to send her back to Lithuania would expose her to inhuman treatment which breached Article 3. He also decided that there was a real risk that she would suffer death and so there would be a breach of Article 2.

Judges:

Collins J, P

Citations:

[2002] UKIAT 02843

Links:

Bailii

Statutes:

European Convention on Human Rights 2 83

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 28 June 2022; Ref: scu.221856

AR (Article 8, Mahmood, Private Life) Kosovo CG: IAT 24 Mar 2003

Appeal by a citizen of Federal Republic of Yugoslavia, who is from Kosovo and is of Albanian ethnicity, against the determination of an Adjudicator dismissing, following a remitted hearing, his appeal on asylum and human rights grounds against the decision by the respondent on 5 January 2001 to refuse to grant leave to enter the United Kingdom.

Judges:

Professor D B Casson (Chairman)

Citations:

[2002] UKIAT 07378

Links:

Bailii

Immigration, Human Rights

Updated: 28 June 2022; Ref: scu.221806

Malcolm v Mackenzie, Allied Dunbar Plc: CA 21 Dec 2004

The bankrupt complained that having been made bankrupt, his self-employed pension was subject to attachment by his trustee, but had he been a member of a company scheme the asset would not, and that this was discriminatory.
Held: The differential treatment arose because contractual pension rights fell within a definition in the Act, and not from a difference in treatment of persons of different status. The appeal failed.

Judges:

Lord Justice Mummery Lord Justice Chadwick Lord Justice Tuckey

Citations:

[2004] EWCA Civ 1748, [2004] EWCA Civ 1748, Times 04-Jan-2005

Links:

Bailii

Statutes:

Welfare Reform and Pensions Act 1999 11

Jurisdiction:

England and Wales

Citing:

Appeal from – In re William Andrew Malcolm; William Andrew Malcolm v Benedict Mackenzie, Allied Dunbar ChD 26-Feb-2004
The bankrupt sought to protect his personal pension taken out before his bankruptcy. The bankruptcy was initiated by the Inland Revenue, and sought protection under Human Rights law.
Held: The alleged infringement of the former bankrupt’s . .
Cited – Dennison v Krasner, Lesser, Lawrence CA 6-Apr-2000
A retirement annuity or personal pension was part of a bankrupt’s estate before the recent Act, and vested immediately in the trustee on the bankruptcy. As such there was no need to make application to the court under s310 for an income payment . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Cited – Michalak v London Borough of Wandsworth CA 6-Mar-2002
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of . .
Cited – In Re Landau (A Bankrupt) ChD 1-Dec-1996
At the date of the bankruptcy the bankrupt was entitled to a pension, payable in the future on his attaining the age of 65 years. He was aged 61 when the bankruptcy order was made, and 64 when it was discharged. The trustee claimed to be entitled to . .
Cited – Kemble and Another v Kicks and Others; In Re the Trusts of the Scientific Investment Pension Plan ChD 5-Mar-1998
Provision in pension scheme withdrawing benefits to bankrupt beneficiary defeated trustees claim only if determinable or defeasible interest. . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Human Rights, Financial Services

Updated: 28 June 2022; Ref: scu.221491

Goodson v HM Coroner for Bedfordshire and Luton: Admn 17 Dec 2004

A patient had died in hospital following an operation. The NHS Trust submitted that ‘There is a real distinction between cases of medical negligence, which were specifically addressed as a discrete area in Calvelli, and cases of intentional killing or failure to protect someone in custody.’
Held: ‘Calvelli is both the most recent decision and also a decision of the Grand Chamber; and the judgment in that case analyses the matter solely in terms of the positive obligation to set up an effective judicial system, without reference to the separate procedural obligation to investigate . . Whether the matter is analysed in terms of the positive obligation to set up an effective judicial system or in terms of the procedural obligation to investigate may not ultimately be of great significance. Although certain minimum criteria are laid down, the actual nature of an investigation required under article 2 varies according to context; and the Strasbourg cases on deaths resulting from alleged medical negligence show that, if the procedural obligation does apply, the range of remedies available under the judicial system (criminal, civil and possibly disciplinary) can be sufficient to discharge it.’

Judges:

Richards J

Citations:

[2004] EWHC 2931 (Admin), [2005] 2 All ER 791, [2006] 1 WLR 432, [2005] Lloyds Rep Med 202, (2005) 84 BMLR 72, [2005] Lloyd’s Rep Med 202

Links:

Bailii

Citing:

Cited – Calvelli and Ciglio v Italy ECHR 17-Jan-2002
The applicants’ baby had died shortly after birth in 1987. They complained about the medical care. The complaint was not investigated speedily by the authority, resulting in a criminal complaint becoming time barred after a conviction in 1994 was . .

Cited by:

Cited – D, Regina (on the Application of) v Secretary of State for the Home Department Admn 28-Apr-2005
D was undergoing trial for offences and was held in prison. He self-harmed repeatedly, and was recorded to require extra vigilance. He attempted to hang himself. Prison staff saved his life, but he was left paraplegic, and was then detained under . .
Cited – D, Regina (on the Application of) v Secretary of State for the Home Department Admn 28-Apr-2005
D was undergoing trial for offences and was held in prison. He self-harmed repeatedly, and was recorded to require extra vigilance. He attempted to hang himself. Prison staff saved his life, but he was left paraplegic, and was then detained under . .
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
See Also – Goodson v HM Coroner for Bedfordshire and Luton and Another (No 2) CA 12-Oct-2005
The applicant intended to appeal refusal of her challenge to the verdict of the coroner. For the first time at appeal she sought a protective costs order.
Held: The Corner House case established that a request for a protective costs order . .
Cited – 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 . .
Cited – Tyrrell v HM Senior Coroner County Durham and Darlington and Another Admn 26-Jul-2016
The court was aked what article 2 of the European Convention on Human Rights requires of a coroner when a serving prisoner dies of natural causes.
Held: The reuest for judicial review failed. Mr Tyrrell’s death was, from the outset, one which . .
Lists of cited by and citing cases may be incomplete.

Coroners, Human Rights

Updated: 28 June 2022; Ref: scu.221030

Moran v Director of Public Prosecutions: Admn 30 Jan 2002

The appellant had requested the magistrates to state a case as to why they had ruled against his submission that he had no case to answer. The established rule is that they do not have to give such reasons. He argued that the new Human Rights duties required such reasons to be given to allow a fair trial under article 8.
Held: The Act had not changed the situation. A summary trial is a particular procedure, and it was undesirable to require justices to give a detailed assessment of evidence and witnesses at the end of the prosecution case. ‘Having regard to all that authority, what then is the position in relation to a refusal by Magistrates to accede to a submission of no case to answer? In my judgment, even after 2nd October 2000 there is still no legal obligation on the Magistrates to give reasons for rejecting a submission of no case. It is now usual for us to give reasons following a finding on appeal, and that has been done in this case. If a defendant is concerned about the conduct or outcome of a summary trial, he has a number of procedural options. In particular, (1) an appeal by way of re-hearing in the Crown Court, (2) an appeal by this court by way of case stated, in which case the Justices may be required to explain in the case stated the route by which they reached a particular conclusion, or (3) in some circumstances on application for judicial review.’

Judges:

Maurice Kay J

Citations:

Times 06-Feb-2002, Gazette 15-Mar-2002, [2002] EWHC 89 (Admin)

Statutes:

Human Rights Act 1998

Jurisdiction:

England and Wales

Cited by:

Cited – Dacre Son and Hartley Ltd v North Yorkshire Trading Standards Admn 27-Oct-2004
The defendants appealed a conviction under the Act complaining of the adequacy of the evidence presented. A buyer had found dampness in a property. It was later remarketed by the defendant who asked if it suffered dampness. She was told it did not. . .
Cited – Hawkes v Director of Public Prosecutions CACD 2-Nov-2005
The defendant appealed her convictions for assaulting a police officer and obstructing him in the course of his duty. She had acted in an abusive manner, but there had been no violence.
Held: Whilst she might have been arrested on the basis . .
Cited – Hawkes, Regina (on the Application Of) v Director of Public Prosecutions Admn 2-Nov-2005
The defendant appealed by way of case stated against her conviction for assaulting a police officer in the execution of his duty. Her son was arrested in the early hours of the morning from her house. She followed him outside and sat in the police . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Human Rights

Updated: 28 June 2022; Ref: scu.167568

In re McHugh Southern Ltd (in Liquidation): ChD 12 Dec 2002

An order striking out a case for abuse by reason of the claimant’s delay should only be made where the delay had lead to a situation where it was no longer possible to secure a fair hearing. Where a fair trial remained possible, the court could use some other remedy to penalise a delaying claimant. This was necessary to accord with the human right of receiving a fair trial within a reasonable time.

Judges:

David Donaldson QC

Citations:

Times 30-Jan-2003

Statutes:

European Convention on Human Rights 6.1

Jurisdiction:

England and Wales

Civil Procedure Rules, Human Rights

Updated: 28 June 2022; Ref: scu.178846

Shrestha and Another, Regina (on The Application of) v The Secretary of State for The Home Department: CA 14 Dec 2018

‘if an applicant for leave to remain raises a human rights ground for the first time after the refusal of his application on other grounds and in response to a request by the Secretary of State under section 120 of the Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’), does the Secretary of State have an obligation to treat and determine that response as an application for leave to remain on human rights grounds even absent any further form of application? The Applicants submit that he does. The Secretary of State denies any such obligation.’

Citations:

[2018] EWCA Civ 2810

Links:

Bailii

Statutes:

Immigration, Asylum and Nationality Act 2006 50(1)

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 28 June 2022; Ref: scu.636167

Surek and Ozdemir v Turkey: ECHR 8 Jul 1999

Grand Chamber – Judgment (Merits and just satisfaction) Violation of Art. 10; Not necessary to examine Art. 18 (second applicant); Preliminary objection rejected (non-exhaustion, estoppel); Violation of Art. 6-1; Pecuniary damage – financial award (first applicant); Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings

Judges:

Wildhaber P

Citations:

23927/94, [1999] ECHR 50, 24277/94

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 28 June 2022; Ref: scu.262997

Andrianesis And Others v Greece: ECHR 10 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 regarding the fairness of the proceedings, and under P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses (Convention proceedings) – claim rejected.

Citations:

21824/02, [2005] ECHR 75

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 27 June 2022; Ref: scu.227630

Akram v Adam: CA 30 Nov 2004

The defendant sought to set aside a possession order made where he did not know of the proceedings.
Held: The judge had a discretion, not a duty, to set aside a possession order made in such circumstances. Human rights law required the court to allow a defendant a right to be heard, but if on such a hearing, the court found that he had no real prospect of success then that right was not infinged by a rule which allowed the judgment to stand. Under the pre-CPR practice there was a difference between an irregular judgment, which could be set aside as of right, and a regular judgment, where the defendant had to show that he had a defence on the merits before the court would be prepared to have the judgment set aside.

Judges:

Lord Justice Brooke Lord Justice Keene Lord Justice Parker The Vice President Of The Court Of Appeal (Civil Division)

Citations:

[2004] EWCA Civ 1601, Times 29-Dec-2004, [2005] 1 WLR 1762, [2005] 1 All ER 741

Links:

Bailii

Statutes:

Civil Procedure Rules 6.5(6), European Convention on Human Rights 6

Jurisdiction:

England and Wales

Cited by:

Cited – Nelson and Another v Clearsprings (Management) Ltd CA 22-Sep-2006
The defendant did not appear at the trial and now appealed the judgment. The claim form and court papers had been served by post at the wrong address. The question was whether a defendant wanting to set aside a judgment was required to persuade the . .
Lists of cited by and citing cases may be incomplete.

Civil Procedure Rules, Human Rights

Updated: 27 June 2022; Ref: scu.220226

Massey v United Kingdom: ECHR 16 Nov 2004

The claimant had been accused of indecent assault. The criminal proceedings continued for just under five years.
Held: The case was not particularly complex, and the consequences for the claimant were severe. There was no complex forensic evidence, and the issues were in substance as to the credibility of three witnesses some many years after the event. On balance a great part of the delay arose from the prosecution authorities. The delay could only have aggravated difficulties in the evidence. The delay did infringe the applicant’s human rights, and damages of 4,000 euros were awarded to him.

Citations:

Times 24-Nov-2004, 14399/02, [2004] ECHR 632

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6.1

Citing:

See also – Massey v United Kingdom ECHR 8-Apr-2003
The applicant complained that there was no ‘assessment or review’ of the necessity for his sex offender registration. . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 27 June 2022; Ref: scu.220155

Hooper v United Kingdom: ECHR 16 Nov 2004

The defendant had appeared in court on a charge of assault. The magistrate considered that he might be unruly and withoutmore bound him over to keep the peace. In the absence of any surety, he was committed to custody.
Held: The proceedings infringed the defendant’s human rights. His liberty was at stake, and he was entitled to representation. A court needed to be sure that such an order did not amount to an automatic sentence of imprisonment.

Citations:

Times 19-Nov-2004, 42317/98, [2004] ECHR 628

Links:

Worldlii, Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Clerkenwell Metropolitan Stipendiary Magistrate, Ex Parte Hooper Admn 28-Jan-1998
A Court requiring a surety before binding a defendant over must give the defendant an opportunity to make representations before rejecting that surety. . .
Cited – Benham v United Kingdom ECHR 8-Feb-1995
Legal Aid was wrongfully refused where a tax or fine defaulter was liable to imprisonment, and the lack of a proper means enquiry, made imprisonment of poll tax defaulter unlawful. A poll tax defaulter had been wrongly committed to prison by . .

Cited by:

Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 27 June 2022; Ref: scu.219859

Edwards and Others v United Kingdom: ECHR 19 Nov 2004

The UK and the applicants had reached a friendly settlement over an action with respect to the unavailability of legal aid in poll tax enforcement proceedings.

Citations:

46416/99, 38260/97, Times 16-Nov-2004, 47143/99, [2004] ECHR 627

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 27 June 2022; Ref: scu.219858

McGowan v Scottish Water: EAT 23 Sep 2004

A court or tribunal may properly admit relevant evidence even where it has been gathered in breach of an Article 8 right to ‘privacy’ where to do so is adjudged to be necessary in order to secure a ‘fair’ hearing as required by both the common law and Article 6 of the convention.

Judges:

The Honourable Lord Johnston

Citations:

EATS/0007/04, [2004] UKEAT 0007 – 04 – 2309

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

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.

Employment, Human Rights

Updated: 27 June 2022; Ref: scu.219738

King v United Kingdom: ECHR 16 Nov 2004

The claimant had been subject to tax penalty proceedings. They continued for more than 14 years.
Held: The length of the proceedings exceeded the time properly to be allowed, and infringed his right to a fair trial. Though the taxpayer himself had contributed to the delay with unmeritorious appeals, the state’s delay was excessive.

Citations:

13881/02, Times 23-Nov-2004, [2004] ECHR 631

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6.1

Jurisdiction:

Human Rights

Citing:

Cited – James Murray King v Annie Marie Walden (HM Inspector of Taxes) ChD 12-Jun-2001
A decision to impose a penalty on a taxpayer, involved a charge of a criminal nature, for the purposes of article 6 of the Convention. It was necessary, therefore, to proceed with such a matter quickly. Even so, in the imposition of such penalties, . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 27 June 2022; Ref: scu.219690

Gilchrist and Another v Her Majesty’s Advocate: HCJ 24 Aug 2004

The defendants were to stand trial for drugs offences, but raised a devoltion issue as to the use of police surveillance products gathered under the 2000 Act. They said that the authorisation to carry out the surveillance had been granted on insufficient detail as required under the 2000 Act, infringing their right to a fair trial.
Held: The submission was rejected. Lord Macfadyen said: ‘What took place in Albion Street at the relevant time was that a plastic bag was handed by the first appellant to the second appellant. That was done in a public place. The event was there to be observed by anyone who happened to be in the vicinity, whatever the reason for their presence might be. It was in fact observed by police officers. They had reason to suspect that criminal activity was taking place. They therefore detained the appellants. On further investigation it was found that the bag contained controlled drugs. That sequence of events did not involve the obtaining of private information about the second appellant, in the sense mentioned in section 1(9) or in any broader sense. Nor did it involve any lack of respect for the second appellant’s private life. What was done did not, in our opinion, amount to an infringement of the second appellant’s rights under article 8.’

Judges:

Lord Justice General And Lord Osborne And Lord Macfadyen

Citations:

[2004] ScotHC 53

Links:

Bailii

Statutes:

Misuse of Drugs Act 1971 4(3)(b), Regulation of Investigatory Powers (Scotland) Act 2000, European Convention on Human Rights 8

Jurisdiction:

Scotland

Cited by:

Cited – Kinloch v Her Majesty’s Advocate SC 19-Dec-2012
The appellant said that the police officers had acted unlawfully when collecting the evidence used against him, in that the information used to support the request for permission to undertake clandestine surveillance had been insufficiently . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 27 June 2022; Ref: scu.219570

Edwards and Lewis v United Kingdom: ECHR 27 Oct 2004

E had been convicted of possession of heroin with intent to supply, and L of possession of counterfeit currency. In each case public interest certificates had been obtained to withold evidence from them. The judge had refused requests to exclude evidence of undercover officers.
Held: The defendants had been denied fair trials after being incited to commit offences by agents provocateurs. The procedures adopted by the courts in excluding evidence was also unfair.

Citations:

39647/98, 40461/98, Times 03-Nov-2004, [2004] ECHR 560

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6

Citing:

Commission opinion – Edwards and Lewis v The United Kingdom ECHR 22-Jul-2003
(Commission) The claimants said that the procedures used to secure their convictions amounted to entrapment, and that UK criminal procedures did not give sufficient protection so as to provide a fair trial. One was arrested with heroin, and the . .

Cited by:

Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Cited – Regina v Lewis CACD 6-Apr-2005
The defendant had been convicted under the 1981 Act. The European Court of Human Rights had found that police officers had infringed his human rights by their entrapment of him into offering them counterfeit currency. He now appealed his conviction. . .
Cited – Sinclair v Her Majesty’s Advocate PC 11-May-2005
(Devolution) The defendant complained that the prosecutor had failed to disclose all the witness statements taken, which hid inconsistencies in their versions of events.
Held: The appeal was allowed. It was fundamental to a fair trial that the . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 27 June 2022; Ref: scu.219432

Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 Nov 2004

In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO obtained search warrants and executed them. The company challenged the release of the documents recovered to other government departments. They had only been told after the event.
Held: A release should normally only take place after giving notice.

Judges:

Lord Justice Kennedy Lord Justice Chadwick Lord Justice Dyson

Citations:

[2004] EWCA Civ 1494, Times 18-Nov-2004, [2005] 1 WLR 1302, [2005] 1 All ER 449

Links:

Bailii

Statutes:

Criminal Justice Act 1987 2(4)

Jurisdiction:

England and Wales

Citing:

Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Appeal from – Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another Admn 17-Dec-2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation.
Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning . .
Cited – Valenzuela Contreras v Spain ECHR 30-Jul-1998
Complaint was made as to the monitoring of a telephone line. The court spelt out the sort of safeguards required in domestic law. . .
Cited – Klass And Others v Germany ECHR 6-Sep-1978
(Plenary Court) The claimant objected to the disclosure by the police of matters revealed during their investigation, but in this case, it was held, disclosure even after the event ‘might well jeopardise the long-term purpose that originally . .
Cited – Domenichini v Italy ECHR 15-Nov-1996
The court was concerned with the monitoring of the correspondence of prisoners, including legal correspondence. The Italian law permitted such monitoring if a judge, in his discretion, ordered it in a reasoned decision.
Held: ‘The Court . .
Cited – Chorherr v Austria ECHR 25-Aug-1993
The applicant was one of two arrested demonstrating against the Austrian armed forces at a military parade. They had rucksacks on their backs, with slogans on them. The rucksacks were so large that they blocked other spectators’ view of the parade. . .
Cited – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Cited – Herczegfalvy v Austria ECHR 24-Sep-1992
The applicant was detained in an institution for mentally deranged offenders. While so detained he was subjected to the forcible administration of food and neuroleptics and to handcuffing to a security bed. He complained of violation of his Article . .
Cited – The Sunday Times v The United Kingdom ECHR 6-Nov-1980
Hudoc Judgment (Just satisfaction) Costs and expenses award – Convention proceedings . .
Cited – Marcel v Commissioner of Police of the Metropolis CA 1992
A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case.
Cited – Woolgar v Chief Constable of Sussex Police and UKCC CA 26-May-1999
The issue was the potential disclosure by the police to the nurses’ regulatory body of confidential information concerning the plaintiff, the matron of a nursing home. There had been insufficient evidence to charge the plaintiff with a criminal . .
Cited – Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
Cited – MS v Sweden ECHR 27-Aug-1997
Hudoc Sweden – communication, without the patient’s consent, of personal and confidential medical data by one public authority to another and lack of possibility for patient, prior to the measure, to challenge it . .
Cited – Morris and Others v Director of SFO and Others ChD 17-Feb-1993
The owner of documents should be joined in an application to SFO to disclose documents obtained by them. . .
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 – Golder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
Cited – Tinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom ECHR 10-Jul-1998
Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be . .
Cited – Regina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .

Cited by:

Appealed to – Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another Admn 17-Dec-2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation.
Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning . .
Cited – Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn 22-Jul-2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina.
Held: The issue of such a warrant was a serious step. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Human Rights

Updated: 27 June 2022; Ref: scu.219334

Ahmed and Qureshi v Regina: CACD 28 Oct 2004

The defendants appealed confiscation orders saying that the court had taken account of their interests in the matrimonial home, and that this would prejudice the interest of others.
Held: Before the amendment to the section, the court had retained a discretion as to whther or not to include the value of a matrimonial home in the calculations. That discretion had disappeared. At that stage no human rights issue arose under article 8. That issue would only arise at a point where a sale of the home was sought to satisfy the order.

Judges:

Lord Justice Latham Pitchers, Mr Justice Pitchers Mr Justice Royce

Citations:

[2004] EWCA Crim 2599, Times 03-Nov-2004, [2005] 1 WLR 122

Links:

Bailii

Statutes:

Criminal Justice Act 1988 71, European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

Cited – May, Regina v HL 14-May-2008
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Human Rights

Updated: 27 June 2022; Ref: scu.219125

Greene v Associated Newspapers Ltd: CA 5 Nov 2004

The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her.
Held: ‘in an action for defamation a court will not impose a prior restraint on publication unless it is clear that no defence will succeed at the trial. This is partly due to the importance the court attaches to freedom of speech. It is partly because a judge must not usurp the constitutional function of the jury unless he is satisfied that there is no case to go to a jury. The rule is also partly founded on the pragmatic grounds that until there has been disclosure of documents and cross-examination at the trial a court cannot safely proceed on the basis that what the defendants wish to say is not true. And if it is or might be true the court has no business to stop them saying it. ‘
Nothing in section 12(3) of the 1998 Act weakens the force of the rule in Bonnard v Perryman.
As to Human Rights, a person’s right to protect his or her reputation is amongst the rights guaranteed by Art 8. There were two rights in conflict. The court stressed the distinction between a defamation case (where the claimant’s right to a reputation has been put in issue and the issue cannot be effectively resolved before the trial) and a case which raises direct issues of privacy or confidentiality. Appeal dismissed.

Judges:

Lord Justice Brooke VP, Lord Justice May, Lord Justice Dyson

Citations:

[2004] EWCA Civ 1462, Times 10-Nov-2004, [2005] QB 972

Links:

Bailii

Statutes:

Human Rights Act 1998 12(3)

Jurisdiction:

England and Wales

Citing:

Cited – Bonnard v Perryman CA 2-Jan-1891
Although the courts possessed a jurisdiction, ‘in all but exceptional cases’, they should not issue an interlocutory injunction to restrain the publication of a libel which the defence sought to justify except where it was clear that that defence . .
Cited – Cream Holdings Limited and others v Banerjee and others HL 14-Oct-2004
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the . .
Cited – 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 – Holley, SD and R Trading Limited, Henry Ansbacher and Co Limited, Ansbacher (Jersey) Limited v Smith CA 4-Dec-1997
The motive for a threatened publication, was not relevant, when considering whether to restrain publication beforehand. Sir Christopher Slade said: ‘I accept that the court may be left with a residual discretion to decline to apply the rule in . .
Cited – William Coulson and Sons v James Coulson and Co CA 1887
Lord Esher MR said: ‘It could not be denied that the court had jurisdiction to grant an interim injunction before trial. It was, however, a most delicate jurisdiction to exercise, because, though Fox’s Act only applied to indictments and . .
Cited – Fraser v Evans CA 1969
The law of confidence is based on the moral principles of loyalty and fair dealing. An injunction was sought to restrain an intended publication: ‘The court will not restrain the publication of an article, even though it is defamatory, when the . .
Cited – Bonnard v Perryman QBD 1891
The libel in issue was a very damaging one. Unless it could be justified at the trial it was one in which a jury would give the plaintiff ‘very serious damages’. The court was asked to grant an interlocutory injunction to restrain publication.
Cited – Herbage v Pressdram Ltd CA 1984
There was a publication of articles which referred to convictions which were spent under the 1974 Act. The court restated the principle in Bonnard v Perryman: ‘These principles have evolved because of the value the court has placed on freedom of . .
Cited – Herbage v Times Newspapers Ltd CA 30-Apr-1981
The principles in American Cyanamid did not affect the rule in Bonnard v Perryman. Sir Denys Buckley saiod: ‘the question what meaning the words complained of bore was primarily one for the jury. Suppose the words bore the second meaning alleged and . .
Cited – Polly Peck PLC v Trelford CA 1986
The plaintiffs complained of the whole of one article and parts of two other articles published about them in The Observer. The defamatory sting was that Mr Asil Nadir (the fourth plaintiff) had deceived or negligently misled shareholders, . .
Cited – Khashoggi v IPC Magazines Ltd CA 1986
The plaintiff sought to restrain the publication of an article. The defendants asserted that they would justify what they said at trial by reference to a Polly Peck defence, as to which: ‘I cannot see why the Bonnard v Perryman principle should not . .
Cited – In re F (otherwise A ) (A Minor) (Publication of Information) CA 1977
An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship . .
Cited – Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG HL 5-Mar-1975
Statute’s Mischief May be Inspected
The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute.
Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may . .
Cited – Regina v Commissioner of Police for The Metropolis, ex parte Rottman HL 16-May-2002
The defendant had been arrested under an extradition warrant issued under the Act. The police had searched his premises, and found further evidence which was used to support the application for extradition. He challenged the collection and admission . .
Cited – Affaire Radio France et autres v France ECHR 30-Mar-2004
A person’s right to protect his/her reputation is among the rights guaranteed by ECHR Article 8 as an element of the right to respect for private life. . .
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 – Reynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
Cited – Lonhro Plc and Others v Fayed and Others (No 5) CA 6-Oct-1993
The plaintiff sought to amend a conspiracy claim, based on arrangements to publish defamatory statements, by adding a claim for damage to reputation and feelings.
Held: Such a claim could not be made in conspiracy. A Plaintiff’s motives in . .
Cited – Observer and Guardian v The United Kingdom ECHR 26-Nov-1991
The newspapers challenged orders preventing their publication of extracts of the ‘Spycatcher’ book.
Held: The dangers inherent in prior restraints are such that they call for the most careful scrutiny on the part of the court. This is . .
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 by:

Cited – George Galloway MP v Telegraph Group Ltd QBD 2-Dec-2004
The claimant MP alleged defamation in articles by the defendant newspaper. They claimed to have found papers in Iraqi government offices after the invasion of Iraq which implicated the claimant. The claimant said the allegations were grossly . .
Cited – Lord Browne of Madingley v Associated Newspapers Ltd CA 3-Apr-2007
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his . .
Cited – Boehringer Ingelheim Ltd and others v Vetplus Ltd CA 20-Jun-2007
The claimants appealed refusal of an order restricting comparative advertising materials for the defendant’s competing veterinary medicine. The claimant said that the rule against prior restraint applicable to defamation and other tort proceedings . .
Cited – British Broadcasting Corporation v CAFCASS Legal and others FD 30-Mar-2007
Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and . .
Cited – Westcott v Westcott QBD 30-Oct-2007
The claimant said that his daughter in law had defamed him. She answered that the publication was protected by absolute privilege. She had complained to the police that he had hit her and her infant son.
Held: ‘the process of taking a witness . .
Cited – Clift v Slough Borough Council and Another QBD 6-Jul-2009
The claimant sought damages for defamation. The council had decided that she had threatened a member of staff and notified various people, and entered her name on a violent persons register. She alleged malice, the council pleaded justification and . .
Cited – Flood v Times Newspapers Ltd QBD 2-Oct-2009
The defendant had published a story in its newspaper. At that time it attracted Reynolds qualified privilege. After the circumstances changed, the paper offered an updating item. That offer was rejected as inadequate.
Held: The qualified . .
Cited – RST v UVW QBD 11-Sep-2009
The applicant sought an interim and without notice injunction preventing the defendant from disclosing confidential information covered by an agreement between the parties.
Held: The order was made on a without notice application because there . .
Cited – Vaughan v London Borough of Lewisham and Others QBD 11-Apr-2013
The claimant sought an order to restrain anticipated defamatory comments and evidence to be given to an employment tribunal.
Held: It could not be said as the claimant asserted that dfeences were bound to fail, and no determination should be . .
Lists of cited by and citing cases may be incomplete.

Defamation, Media, Human Rights

Updated: 27 June 2022; Ref: scu.219207

Bennett v Officers A and B and Commissioner of Police for the Metropolis: CA 2 Nov 2004

Police Officers had been involved in a shooting in which a man died. They were granted anonymity before the coroner’s court, on evidence suggesting they might be at risk. The family of the deceased appealed.
Held: The coroner misdirected herself in respect of the threshold of risk test by allowing for ‘a reasonable chance’ of a threat, but the misdirection was not such as to require this matter to be remitted to her for a further hearing.

Judges:

Lord Justice Mummery Mr Justice Maurice Kay

Citations:

[2004] EWCA Civ 1439, [2004] All ER 27

Links:

Bailii

Statutes:

European Convention on Human Rights 2

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for Defence Ex Parte Smith; Regina v Same Ex Parte Grady Etc CA 6-Nov-1995
A ban on homosexuals serving in the armed forces was not irrational, and the challenge to the ban failed. The greater the policy content of a decision, and the more remote the subject matter of a decision from ordinary judicial experience, the more . .
Cited – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .
Cited – Regina v Bedfordshire Coroner ex parte Local Sunday Newspapers Ltd 1999
The test of whether a coroner should grant anonimity to a witness involved a decision on whether or not there was objective evidence to show that the fears of the Respondent established a serious or real possibility of danger to life. Burton J . .
Cited – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
Cited – Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore HL 1971
Test for police protection need
The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s . .

Cited by:

Cited – In re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
Cited – Associated Newspapers Ltd, Regina (on The Application of) v Rt Hon Lord Justice Leveson Admn 20-Jan-2012
The defendant was conducting a public enquiry into the culture, ethics and practices of national newspapers. The claimant and others objected to the admission of anonymous evidence from journalists afraid of career blight. The claimants complained . .
Lists of cited by and citing cases may be incomplete.

Police, Coroners, Human Rights

Updated: 27 June 2022; Ref: scu.219166

British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health: Admn 5 Nov 2004

The claimants challenged the validity of regulations restricting cigarette advertisements, saying that greater exceptions should have been allowed, and that the regulations infringed their commercial right of free speech.
Held: The Regulations were lawful. There was a balance to be found between the need for commercial freedom of speech, and the protection of public health. The secretary of state had a discretion, and could not be criticised in law for drawing the line where he did to restrict advertising of tobacco products.

Judges:

McCombe J

Citations:

[2004] EWHC 2493 (Admin), Times 11-Nov-2004

Links:

Bailii

Statutes:

Tobacco Advertising and Promotion (Point of Sale) Regulations 2004, Tobacco Advertising and Promotion Act 2002 4(3), European Convention on Human Rights 10

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Shayler HL 21-Mar-2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the . .
Cite164876d – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Secretary of State for the Home Department v International Transport Roth Gmbh and others CA 22-Feb-2002
The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The . .
Cited – Artegodan v Commission ECFI 26-Nov-2002
ECJ Medicinal products for human use – Community arbitration procedures – Withdrawal of marketing authorisations – Competence – Criteria for withdrawal – Anorectics: amfepramone, clobenzorex, fenproporex, . .
Cited – Criminal proceedings against Walter Hahn ECJ 24-Oct-2002
ECJ Reference for a preliminary ruling: Bezirksgericht Innere Stadt Wien – Austria. Fisheries – Health policy – Directive 91/493/EEC and Decision 94/356/EC – Articles 28 EC and 30 EC – Principle of . .
Cited – Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested CA 1-Jul-1999
The respondent had made an order banning the processing of milk products from the interested party’s farm into cheese products. Cheese manufacturers objected to the order. The order had been held unlawful, and the Secretary of State now appealed. . .
Cited – Vereinigte Familiapress Zeitungsverlags- und vertriebs GmbH v Bauer Verlag ECJ 26-Jun-1997
Europa The application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, . .
Cited – Commission v France C-262/02 ECJ 13-Jul-2004
The court was concerned with a national measure prohibiting television advertising for alcoholic drinks, in the case of indirect television advertising resulting from the appearance on screen of advertisements visible during the re-transmission of . .

Cited by:

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

Media, Human Rights

Updated: 27 June 2022; Ref: scu.219225

Coates and others v South Buckinghamshire District Council: CA 22 Oct 2004

The local authority had required the applicants to remove their mobile homes from land. They complained that the judge had failed properly to explain how he had reached his decision as to the proportionality of the pressing social need, and the interference with their human rights.
Held: ‘The judge’s reasons should make clear to the parties why he has reached his decision. Where he has had to balance competing factors it will usually be possible to explain why he has concluded that some have outweighed others. Even where the competition is so unequal that the factors speak for themselves it is desirable to say so.’ The plight of Gypsies or others who travel in caravans with no permanent place to rest is an unhappy one. They can rightly complain that their plight reflects a failure on the part of some authorities to comply with their statutory duty to provide sites for such Travellers. That cannot, however, entitle them to stop wherever they choose and contend that their rights under Article 8 entitle them to remain. Here the factors that I have outlined make the overall picture particularly unattractive. The site chosen was a very sensitive part of the green belt. It was a site where Gypsies had already fought and lost a lengthy planning battle. The appeal was dismissed. Sedley LJ (dissenting) said: ‘While the history of contumacious defiance both of the planning regime and of the court’s orders has placed the defendants in the worst possible position to ask for the court’s help, these people, unlawfully and defiantly though they have behaved, at least have the excuse that for 25 years local authorities throughout England and Wales failed to carry out their statutory duty to provide proper sites in substitution for the commons they were energetically ditching and fencing against entry by caravans, and that central government failed consistently to exercise its statutory enforcement powers against these local authorities’

Judges:

Lord Phillips of Worth Matravers MR, Lord Justice Sedley and Lord Justice Nueberger

Citations:

Times 27-Oct-2004, [2004] EWCA Civ 1378

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Coates and others v South Bucks District Council ChD 27-Jan-2004
. .
Cited – Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others HL 22-May-2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased.
Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an . .
Cited – Gallagher v Castle Vale Action Trust Ltd CA 23-Feb-2001
The court emphasised the need not merely to identify the relevant factors that weigh in each direction when considering whether to make an order for possession in a nuisance case, but to explain clearly why it is or is not proportionate to interfere . .
Cited – Lambeth London Borough Council v Howard CA 6-Mar-2001
Any attempt to evict a person, whether directly or indirectly or by process of law, from his or her home is on the face of it a derogation from the respect to which the home is prima facie entitled. Courts should be careful fully to explain any . .
Cited – Davis and Others v Tonbridge and Malling Borough Council CA 26-Feb-2004
The claimants were travelling showmen who had purchased land, and after failing to apply for permission, moved onto the land and began to live there.
Held: The cultural identity of travelling show-people and their status, as a matter of . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – The First Secretary of State, Grant Doe, Gregory Yates, Paul Eames v Chichester District Council CA 29-Sep-2004
The appellants challenged a decision to grant planning consent for a private gipsy with mobile homes. The issue was whether the council in refusing permission and in issuing enforcement proceedings, had infringed the applicants human rights. The . .
Cited – Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others QBD 3-Oct-1995
A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had . .
Cited – Chapman v United Kingdom; similar ECHR 18-Jan-2001
The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement . .

Cited by:

Appealed to – Coates and others v South Bucks District Council ChD 27-Jan-2004
. .
Cited – Mid-Bedfordshire District Council v Thomas Brown and others CA 20-Dec-2004
The land owners, gypsies, had purchased agricultural land intending to occupy it as residential land in breach of green belt planning controls. The council had obtained an injunction, but appealed its suspension.
Held: The council’s appeal . .
Cited – Wilson v Wychavon District Council and Another Admn 20-Dec-2005
The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory.
Held: The claim failed. ‘usually a change of use of . .
Lists of cited by and citing cases may be incomplete.

Planning, Human Rights

Updated: 27 June 2022; Ref: scu.218710

Khokhlich v Ukraine: ECHR 29 Apr 2003

Hudoc Judgment (Merits and just satisfaction) Preliminary objections rejected (estoppel, non-exhaustion) ; Violation of Art. 3 with regard to conditions of detention ; No violation of Art. 3 with regard to infection with tuberculosis ; Violation of Art. 8 with regard to initial period ; No violation of Art. 8 with regard to later period ; No violation of Art. 13 ; Non-pecuniary damage – financial award

Citations:

41707/98, [2003] ECHR 207

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 27 June 2022; Ref: scu.181645

Dankevich v Ukraine: ECHR 29 Apr 2003

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 3 ; Violation of Art. 8 with regard to initial period ; No violation of Art. 8 with regard to later period ; Violation of Art. 13 ; Non-pecuniary damage – financial award

Citations:

40679/98, [2003] ECHR 204

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 27 June 2022; Ref: scu.181647

Aliev v Ukraine: ECHR 29 Apr 2003

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 3 with regard to prison conditions ; No violation of Art. 3 with regard to alleged ill-treatment by prison officers ; Violation of Art. 8 with regard to initial restrictions on receipt of parcels ; No violation of Art. 8 with regard to later restrictions on receipt of parcels ; No violation of Art. 8 with regard to denial of conjugal visits ; Non-pecuniary damage – financial award

Citations:

41220/98, [2003] ECHR 201

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 27 June 2022; Ref: scu.181648

Kuznetsov v Ukraine: ECHR 29 Apr 2003

Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3 with regard to alleged assaults ; Violation of Art. 3 with regard to lack of effective investigation ; Violation of Art. 3 with regard to conditions of detention ; Violation of Art. 8 ; Violation of Art. 9 ; Non-pecuniary damage – financial award ; Costs and expenses partial award

Citations:

39042/97, [2003] ECHR 208

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 27 June 2022; Ref: scu.181644

Regina (K) v Newham London Borough Council and Another: QBD 19 Feb 2002

Parents applied for secondary school places, indicating three single sex schools. This was from a clear religious conviction. The local authority allocated another place, without giving reasons, but did provide a pamphlet setting out its policy, which showed that one criterion was a preference for a single-sex school.
Held: The need to respect religious views was enshrined in the Convention. Some positive action was required by the state to accord with that right. No such action had been taken by the authority and the decision allocating the child to the school was set aside.

Judges:

Collins J

Citations:

Times 28-Feb-2002

Statutes:

School Standards and Framework Act 1998 86(1)(b), European Convention on Human Rights Protocol 1 Art 2

Jurisdiction:

England and Wales

Citing:

Cited – Valsamis v Greece ECHR 18-Dec-1996
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3; No violation of Art. 9; No violation of P1-2; Violation of Art. 13+P1-2; Violation of Art. 13+9; Non-pecuniary damage – finding of violation . .
Cited – Regina v Rotherham Metropolitan Borough Council ex parte Clark, Dakin and Others CA 19-Nov-1997
. .
Lists of cited by and citing cases may be incomplete.

Education, Human Rights

Updated: 27 June 2022; Ref: scu.167668