Category: Human Rights

AT v Estonia (No 2): ECHR 13 Nov 2018

ECHR Judgment : No Article 3 – Prohibition of torture : Second Section

Citations:

70465/14, [2018] ECHR 931

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – AT v Estonia ECHR 13-Nov-2018
ECHR Judgment : No Article 3 – Prohibition of torture : Second Section . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 27 June 2022; Ref: scu.628877

Esfandiari and others v Secretary of State for Works and Pensions: CA 6 Oct 2005

Citations:

[2005] EWCA Civ 1258

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Esfandiari and others v Secretary of State for Work and Pensions CA 23-Mar-2006
The claimant argued that the funeral benefits regime unlawfully discriminated against migrants because the 1987 Regulations did not permit payments to be made for a burial abroad, except as provided for by EU law.
Held: The argument was . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Benefits

Updated: 27 June 2022; Ref: scu.234554

Pearson and Another v Secretary of State for Home Department and Another: CA 18 Jun 2001

The claimants sought leave to appeal against rejection of their complaint that as serving prisoners they were unable to vote.

Judges:

Simon Brown LJ VP

Citations:

[2001] EWCA Civ 927

Links:

Bailii

Statutes:

European Convention on Human Rights 3, Representation of the People Act 1983 3(1)

Jurisdiction:

England and Wales

Human Rights, Prisons, Constitutional, Elections

Updated: 27 June 2022; Ref: scu.218256

Abbasi and Another, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Office and others: CA 10 Sep 2002

The appellant was a British citizen detained at Guantanamo Bay by US authorities. He was captured by American forces in Afghanistan. He claimed that his detention was a violation of international law and that, under the United Kingdom Domestic Law, the defendants owed him a duty by diplomatic means to take reasonable steps to bring to an end his detention, or to bring to an end the features of that detention which allegedly violate international law.

Judges:

Lord Phillips MR, Waller LJ, Carnwath J

Citations:

[2002] EWCA Civ 1316

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Regina (Abbasi) v Secretary of State for Foreign Affairs CA 6-Nov-2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its . .
Cited – SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration

Updated: 27 June 2022; Ref: scu.217549

Wu v Secretary of State for Home Department: CA 5 Jul 2002

W had been brought to the UK illegally by Chinese gangs. He had argued that his considerable debts to these gangs meant that if returned he or his family would be subject to severe physical threat including death. The SS now appealed from his grant of asylum.

Citations:

[2002] EWCA Civ 1189

Links:

Bailii

Statutes:

European Convention of Human Rights 3

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 23 June 2022; Ref: scu.217512

Soc v Croatia: ECHR 9 May 2003

Hudoc Judgment (Merits and just satisfaction) Preliminary objection partly accepted (non-exhaustion) ; Preliminary objection partly dismissed (non-exhaustion) ; No violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedings

Citations:

47863/99

Jurisdiction:

Human Rights

Human Rights

Updated: 23 June 2022; Ref: scu.182538

AT v Estonia: ECHR 13 Nov 2018

ECHR Judgment : No Article 3 – Prohibition of torture : Second Section

Citations:

23183/15, [2018] ECHR 933

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – AT v Estonia (No 2) ECHR 13-Nov-2018
ECHR Judgment : No Article 3 – Prohibition of torture : Second Section . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 23 June 2022; Ref: scu.628876

Schuler-Zgraggen v Switzerland (Article 50): ECHR 31 Jan 1995

Citations:

[1995] ECHR 2, 14518/89

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 23 June 2022; Ref: scu.440528

I, Regina (On the Application of) v City of Westminster Magistrates’ Court and Another: Admn 28 Aug 2008

The court considered the compatibility of section 41 with the suspect’s article 5 Human Rights insofar as it failed to provide a mechanism for a suspect to challenge his detention and be released on conditions of bail.
Held: No arguable case had been made out.

Judges:

Collins J

Citations:

[2008] EWHC 2146 (Admin)

Links:

Bailii

Statutes:

Terrorism Act 2000 41, European Convention on Human Rights 5

Jurisdiction:

England and Wales

Criminal Practice, Human Rights

Updated: 23 June 2022; Ref: scu.343941

Al-Saadoon and Others, Regina (on the Application of) v Secretary of State for Defence: Admn 29 Aug 2008

The applicants complained of their continued detention in Iraq in a UK internment facility as an infringement of their human rights.

Citations:

[2008] EWHC 2391 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence Admn 19-Dec-2008
The two applicants had been detained by the armed forces in Iraq suspected of murder. They sought release before being transferred to the civilian authorities for trial saying that the trials would not be fair. The respondent denied that the . .
See Also – Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence CA 22-Dec-2008
. .
See Also – Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence CA 21-Jan-2009
The claimants had been detained on the request of the Iraqi criminal court in a detention facility run by the UK armed forces. They complained of their proposed transfer to an Iraqi facility in anticipation of facing trial for murder, for which if . .
At High Court – Al-Saadoon and Mufdhi v The United Kingdom ECHR 2-Mar-2009
The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder.
Held: The transfer was a breach of the applicants’ rights. The Iraqis had . .
See Also – Al-Saadoon and Others v Secretary of State for Defence Admn 17-Mar-2015
Leggatt J explained the idea of enforced disappearance: ‘a concept recognised in international law and . . a practice which is internationally condemned. It involves detention outside the protection of the law where there is a refusal by the state . .
See Also – Al-Saadoon and Others v Secretary of State for Defence Admn 26-Jun-2015
Reasons for orders following a case management hearing to review whether there are steps which the court should now be taking to procure compliance by the Secretary of State for Defence with the duty of the UK under articles 2 and 3 of the European . .
See Also – Al-Saadoon and Others v Secretary of State for Defence Admn 7-Apr-2016
The court considered the extent of the state’s obligations to investigate allegations of unlawful killing and ill-treatment of civilians by British soldiers in Iraq between 2003 and 2009. It follows a hearing to consider three issues: i) Whether the . .
See Also – Al-Saadoon and Others v The Secretary of State for Defence and Others CA 9-Sep-2016
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, International

Updated: 23 June 2022; Ref: scu.277286

P v South Gloucestershire Council: CA 3 Jan 2007

The local authority abandoned its care plan for her child without first consulting her. The mother appealed a refusal by the court to award damages.
Held: The appeal failed. The authority had infringed the mother’s human rights, but her remedy lay in a declaration, and damages were not to be awarded. The breach was purely procedural. The decalaration was an adequate remedy in this case.

Judges:

Lord Justice Thorpe, Lord Justice Tuckey and Lord Justice Wilson

Citations:

Times 01-Feb-2007

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Appeal from – P v South Gloucestershire Council FD 2006
The applicant’s child had been taken into care by the defendant, on the basis of a proposed care plan. The authority abandoned the care plan but without consulting with the mother first. She sought damages saying that the authority had infringed her . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children, Damages

Updated: 23 June 2022; Ref: scu.248914

Nicholls v Lan and Another: ChD 26 May 2006

The bankrupt had been discharged from his bankruptcy, but his share in the family home remained vested in the trustee who applied for the sale of the home. His wife applied to set aside an order for sale on the basis that it interfered with her right to family life.
Held: Previous decisions had not considered the effect of Article 8 on applications under s335A. The section allowed a judge to do what he considered just and reasonable in all the circumstances. He had to balance the needs of the creditors and of the applicant. Those interests were different in character and quality. No sufficient error had been shown in the way the district judge had exercised his discretion to allow the setting aside of his order.

Judges:

Paul Morgan QC

Citations:

Times 04-Aug-2006

Statutes:

Trusts of Land and Appointment of Trustees Act 1996 14, Insolvency Act 1986 335A(3)

Jurisdiction:

England and Wales

Citing:

Cited – In re Lowrie 1981
When a judgment creditor applies for an order for sale of a property subject to a Charging Order, the competing equities of the parties will be carefully weighed. . .
Cited – Re Citro, Lloyds Bank plc v Byrne and Byrne, Abbey National plc v Moss and others and Barclays Bank plc v Hendricks CA 1991
Trustees in bankruptcy of bankrupt husbands successfully appealed for the removal of provisos delaying the operation of orders for sale made under s30 in respect of each husband’s matrimonial home for the benefit of that husband’s wife who had been . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Family, Human Rights

Updated: 23 June 2022; Ref: scu.244694

Nuri Kurt v Turkey: ECHR 29 Nov 2005

ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 8; No violation of P1-1; Not necessary to examine Art. 6-1; Violation of Art. 13; No violation of Art. 14; Pecuniary damage – claim dismissed; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.

Citations:

37038/97, [2005] ECHR 778

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 23 June 2022; Ref: scu.235637

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 with a Convention right in order to address a pressing social need.

Judges:

Sedley LJ

Citations:

(2001) 33 HLR 72, [2001] EWCA Civ 944

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

Cited – 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 . .
Cited – Knowsley Housing Trust v McMullen CA 9-May-2006
The defendant tenant appealed an order for possession of her flat. She was disabled and living with her 19 year old son. He had been made subject to an anti-social behaviour order. The court had found that she could have required him to leave. The . .
Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 23 June 2022; Ref: scu.217984

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 right, which was not the same as an article 3 right to liberty and not to be discriminated against. In the light of Giles and Smith it was clear that the facts of these cases were outside the ambit of Article 5, and therefore neither respondent could rely on Article 14. The decision letter did what it was required to do. It explained to the prisoner why his application was being refused. The reasons were personal to him, and had nothing to do with the attitude of Syria. The Home Secretary’s appeal succeeded.

Judges:

Lord Justice Kennedy Lord Justice Sedley Lord Justice Neuberger

Citations:

[2004] EWCA Civ 1309, Times 26-Oct-2004

Links:

Bailii

Statutes:

European Convention on Human Rights 3, Criminal Justice Act 1991

Jurisdiction:

England and Wales

Citing:

Cited – Webster v United Kingdom ECHR 4-Mar-1987
(Commission) An American citizen was detained in England, and eventually deported to France. He complained that there was discrimination against foreign nationals, who did not challenge orders for deportation but sought parole. That was disputed by . .
Cited – Grice v United Kingdom ECHR 1994
(Year?) The applicant was a serving prisoner suffering from AIDS, who complained that aids sufferers were being discriminated against because unlike those suffering other medical conditions they were not released early on compassionate grounds. The . .
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 – Petrovic v Austria ECHR 27-Mar-1998
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8.
Held: The . .
Cited – 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 . .
Cited – Giles, Regina (on the Application of) v Parole Board and Another HL 31-Jul-2003
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. . .
Cited – Regina (Smith) v Parole Board (No 2) CA 31-Jul-2003
The applicant having been released on licence had his licence revoked. The decision had been made at a hearing which considered evidence on paper only, which he said was unfair.
Held: The case law had maintained a proper distinction between . .
Cited – Douglas v North Tyneside Metropolitan Borough Council CA 19-Dec-2003
The applicant had sought a student loan to support his studies as a mature student. It was refused because he would be over 55 at the date of the commencement of the course. He claimed this was discriminatory.
Held: The Convention required the . .
Cited – Clift, Regina (on the Application of) v Secretary of State for the Home Department CA 29-Apr-2004
The claimant was a prisoner serving a determinate term exceeding 15 years. He complained that the respondent’s remaining juridsiction as to his release on licence infringed his human rights.
Held: This was the sole remaining element of the . .
Cited – Karlheinz Schmidt v Germany ECHR 18-Jul-1994
Article 14 of the Convention operates not by way of the conferral of a freestanding right not to be discriminated against, but rather by way of complementing the other substantive provisions of the Convention and the Protocols. It has no independent . .
Cited – Van Raalte v The Netherlands ECHR 21-Feb-1997
A was an unmarried childless man over 45 complaining of a law which exempted unmarried childless women over 45 from paying contributions under the General Child Benefits Act. Apart from the exempted women, the entire adult population was subject to . .
Cited – Regina v Parole Board Ex Parte White QBD 16-Dec-1994
The concept of ‘risk’ was not confined to risk to the United Kingdom public alone, as a result of which the Parole Board is entitled, indeed, in an appropriate case, required, to take into account the risk to the public in a country to which a . .
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 – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Carson and Reynolds v Secretary of State for Work and Pensions CA 17-Jun-2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights

Updated: 21 June 2022; Ref: scu.216421

Regina v Misra; Regina v Srivastava: CACD 8 Oct 2004

Each doctor appealed convictions for manslaughter by gross negligence, saying that the offence was insufficiently clearly established to comply with human rights law, in that the jury had to decide in addition and as a separate ingredient whether the act was a crime. A patient had died whilst under their supervision and care.
Held: The offence of manslaughter by gross negligence was clearly stated in Adomako. The offence required death resulting from a negligent breach of a duty of care to the deceased exposing the victim to risk of death, and that the circumstances were so reprehensible as to amount to gross negligence. The reference to crime was no more that an emphisis to a jury of the need on the prosecution to prove more than just civil negligence.

Judges:

Judge LJ, Treacy, Bean JJ

Citations:

Times 13-Oct-2004, [2004] EWCA Crim 2375, [2005] 1 Cr App R 328

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
Applied – Regina v Shulman, Regina v Prentice, Regina v Adomako; Regina v Holloway HL 1-Jul-1994
An anaesthetist failed to observe an operation properly, and did not notice that a tube had become disconnected from a ventilator. The patient suffered a cardiac arrest and died, and the defendant was convicted of manslaughter, being guilty of gross . .

Cited by:

Adopted – Regina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Cited – ABC and Others, Regina v CACD 26-Mar-2015
Several defendants sought to appeal against convictions. They were public officials accused of having committed misconduct in public office in the sale of information relating to their work to journalists. The journalists were convicted of . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 21 June 2022; Ref: scu.216391

G, Regina (on the Application of) v Mental Health Review Tribunal: Admn 7 Oct 2004

The patient had a violent history. His eventual realease from a secure mental hospital was ordered, but the conditions imposed for his release could not be met. He argued that his continued detention infringed his human rights.

Judges:

The Honourable Mr Justice Collins

Citations:

[2004] EWHC 2193 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Health, Human Rights

Updated: 21 June 2022; Ref: scu.215930

Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter had been settled the court was invited to pursue the decision.
Held: The Act was intended to fulfil the purpose of promoting family life, and therefore the human rights of the claimant were engaged under Art 14, and ‘the Council’s refusal to treat the Claimant as having a priority need for accommodation in circumstances where a parent with a dependent child who was not subject to immigration control would have been treated as having a priority need for accommodation amounted to an infringement of her right under Art. 14 to enjoy her right to respect for her family life under Art. 8 without discrimination.’ A declaration of incompatibility was made.

Judges:

Keith J

Citations:

[2004] EWHC 2191 (Admin), Times 20-Oct-2004, [2005] 1 WLR 865, [2005] 1 All ER 351, [2004] UKHRR 1126, [2004] HRLR 43, [2005] 1 FLR 429

Links:

Bailii

Statutes:

Housing Act 1996 185(4)(b), European Convention on Human Rights 14

Jurisdiction:

England and Wales

Citing:

See Also – Morris, Regina (on the Application of) v Westminster City Council Admn 13-Oct-2003
. .
See Also – Morris, Regina (on the Application Of) v Westminster City Council, Admn 26-May-2004
. .
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 – Regina (Annette Carson) v Secretary of State for Work and Pensions Admn 22-May-2002
The claimant received a UK state pension. She lived in South Africa, and challenged the exclusion of foreign resident pensioners from the annual uprating of pension benefits. She asserted that the state pension, or its uprating, were pecuniary . .
Cited – S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2 ECHR 9-Feb-1967
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French.
Held: In establishing a system or regime to . .
Cited – London Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
Cited – Petrovic v Austria ECHR 27-Mar-1998
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8.
Held: The . .
Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Cited – Din (Taj) v Wandsworth London Borough Council HL 26-Nov-1981
The appellants had applied for emergency housing as homeless persons, anticipating loss of their secure accomodation after falling into arrears. The Council reject their application, but a County Court quashed that decision. The Court of Appeal . .
Distinguished – Gaygusuz v Austria ECHR 16-Sep-1996
The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was . .
Cited – Regina (on the Application of J) v London Borough of Enfield and Another Admn 4-Mar-2002
The mother and child were destitute, and sought to oblige the local authority to provide accommodation and support.
Held: The duty to a child under the section could not be extended to include a duty to accommodate and support the child and . .
Cited – Gay v Sheeran, London Borough of Enfield CA 18-Jun-1999
The ability for a court to order the transfer of a secure tenancy between partners under the Act depended upon the court first making an occupation order in favour of the party from whom the tenancy was to be transferred, but the order could be made . .

Cited by:

See Also – Morris, Regina (on the Application Of) v Westminster City Council, Admn 26-May-2004
. .
See Also – Morris, Regina (on the Application of) v Westminster City Council Admn 13-Oct-2003
. .
Appeal from – Westminster City Council and Another v Morris; Regina (Badu) v Lambeth London Borough Council CA 14-Oct-2005
The claimant sought housing assistance. She had a child. She was subject to immigration control. She complained that when considering her application, the Act required the authority to disregard her responsibiltes to her children.
Held: The . .
Cited – Taiwo and Another v Olaigbe and Others SC 22-Jun-2016
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked . .
Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 21 June 2022; Ref: scu.215932

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 planning guidance required authorities to provide sites, but against other planning priorities. The Inspector had found little planning impact from the unlawful development, and the effect on their family life substantial.
Held: The judge had erred. The Inspector had correctly applied Article 8 rights.and without convert them into ‘the broader proposition that the needs of gypsies ‘must be met’.’ (Auld LJ dissenting)

Judges:

The Right Honourable Lord Justice Auld, The Right Honourable Lord Justice Wall And The Honourable Mr Justice Pumfrey

Citations:

[2004] EWCA Civ 1248, Times 14-Oct-2004

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – Hedges and Hedges v Secretary of State for Environment v East Cambridgeshire District Council Admn 15-Nov-1996
. .
Cited – Regina v Leominster District Council ex parte Pothecary CA 28-Oct-1997
A building was erected without planning permission. The local planning authority chose not to serve an enforcement notice but rather had invited an application for retrospective planning permission.
Held: The fact that a building has already . .
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 . .
Appeal from – Chichester District Council v First Secretary of State and others Admn 29-Jul-2003
. .
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 – Anufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .

Cited by:

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

Planning, Human Rights

Updated: 21 June 2022; Ref: scu.214642

Transco Plc v Her Majesty’s Advocates: HCJ 16 Sep 2004

A dwellinghouse had exploded, killing the occupants. The defendant was to be tried for alleged breaches of the 1974 Act in the gas supoplies to the house. The appellant complained that a jury trial would be an infringement of its rights, since a jury asked to sit for three to six months would be prejudiced against it, and be unable to deliver a proper verdict.
Held: Applying Heasman, it was for the appellant to show that a jury trial would necessarily result in an infringement of its rights. That had not been shown. The absence of reasons from a jury’s verdict did not make for an unfair trial.

Judges:

Lord Maclean and Lord Osborne And Lord Hamilton

Citations:

[2004] ScotHC 57, [2004] ScotHC 68

Links:

ScotC, Bailii, Bailii

Statutes:

European Convention on Human Rights 6, Health and Safety at Work Act 1974 3

Citing:

Cited – Regina v Connor and another; Regina v Mirza HL 22-Jan-2004
Extension of Inquiries into Jury Room Activities
The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use . .
Cited – Refik Saric v Denmark ECHR 2-Feb-1999
The appellant complained that the absence of reasons from a jury’s verdict meant that the trial had been unfair.
Held: ‘The absence of reasons in the High Court’s judgment was due to the fact that the applicant’s guilt was determined by a . .
Cited – Heasman v J M Taylor and Partners SCS 8-Mar-2002
Appropriateness of use of jury in civil trials in Scotland. . .
Cited – Regina v Davies CACD 2003
The defendant said that section 40 of the 1974 Act was not compatible with the presumption of innocence in Article 6(2) of the Convention, unless the section was read down to impose only an evidential burden on the defendant.
Held: The Act was . .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime, Human Rights

Updated: 21 June 2022; Ref: scu.213656

Ganci v Italie: ECHR 30 Oct 2003

The applicant was serving two life sentences for Mafia related activities. He challenged nine decrees issued by the Minister of Justice under which he was held under a special prison regime for a period of four years. His case related to delays by the courts in dealing with his challenge. The Court said: ‘the applicant was contesting the lawfulness of restrictions imposed on a series of rights commonly recognised to prisoners . . at least some of the serious restrictions laid down by the decrees . . such as the one restricting his contact with his family and the ones affecting his finances – certainly fell within the sphere of personal rights and were therefore civil in nature.’

Citations:

41576/98, [2003] ECHR 566, (2005) 41 EHRR 16

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Applied – Gulmez v Turkey ECHR 20-May-2008
The applicant complained inter alia of successive decisions which had deprived him of visitation rights for about a year as punishment for disciplinary offences whilst in prison.
Held: ‘the restriction on the applicant’s visiting rights . .
Applied – Enea v Italy ECHR 17-Sep-2009
(Grand Chamber) The applicant, a prisoner serving a long sentence for Mafia-type criminal offences, was subjected to a special regime by ministerial decrees. The restrictions included not only very limited family visits but also a long period . .
Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
Cited – Stegarescu and Bahrin v Portugal ECHR 6-Apr-2010
The two applicants complained that they had been held in solitary confinement for seven months after receipt of intelligence about an escape plan.
Held: There had been a violation of the prisoners’ article 6 rights. They had been given no . .
Cited – Boulois v Luxembourg ECHR 14-Dec-2010
The applicant was serving a long sentence for serious offences. He had submitted several requests for ‘prison leave’ in order to carry out tasks in preparation for his eventual release. These had been refused by the Attorney General. The domestic . .
Cited – King v Secretary of State for Justice Admn 13-Oct-2010
The claimant sought judicial review of decisions that the claimant had committed a disciplinary offence whilst in custody at a Young Offenders Institute.
Held: The claim failed.
Pitchford LJ considered the ECHR jurisprudence, and said: . .
Cited – Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice SC 29-Jul-2015
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons

Updated: 21 June 2022; Ref: scu.213554