Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings
11371/85, [1988] ECHR 21
Human Rights
Updated: 04 June 2022; Ref: scu.165026
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings
[1987] ECHR 9, 10256/83
Updated: 04 June 2022; Ref: scu.164989
The ECHR did not apply to rights determined by a constitutional court because of their constitutional nature.
7759/77, [1981] ECHR 2, (1981) 3 EHRR 597
European Convention on Human Rights 6
Not Followed – Deumeland v Germany ECHR 29-May-1986
Although the Constitutional Court had no jurisdiction to rule on the merits of the dispute, its decision was ‘capable of affecting the outcome of the claim’.
The court considered a widow’s supplementary pension arising from her husband’s death . .
Cited – G, Regina (on The Application of) v X School SC 29-Jun-2011
The claimant was employed as a teaching assistant. He was suspended after allegations of sexual misbehaviour with boy at the school. He refused to take part in the disciplinary proceedings until the police investigation was concluded. A decision was . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164897
Hudoc Judgment (Just satisfaction) Non-pecuniary damage – financial award; Pecuniary damage – claim rejected; Costs and expenses – claim rejected
For an imprisonment to be lawful, the ‘detention’ must result from, ‘follow and depend upon’ or occur ‘by virtue of’ the ‘conviction.
G Wiarda P
7906/77, (1991) 13 EHRR 546, [1983] ECHR 7
European Convention on Human Rights 5
Reserved from – Van Droogenbroeck v Belgium ECHR 24-Jun-1982
The applicant was sentenced to two years’ imprisonment for theft. He had a previous convictions and was thought to have a persistent tendency to crime, and was placed at the government’s disposal for 10 years on that ground. This was subject to . .
Cited – Secretary of State for Justice v Walker; Same v James CA 1-Feb-2008
The claimant had been sentenced to a short period of imprisonment but with an indeterminate term until he demonstrated that it was no longer necessary for the protection of the public. He complained that the term having expired, no opportunity had . .
Cited – Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another SC 1-May-2013
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164914
The applicant was sentenced to two years’ imprisonment for theft. He had a previous convictions and was thought to have a persistent tendency to crime, and was placed at the government’s disposal for 10 years on that ground. This was subject to appeal, and was classified not as a security measure but as a penalty which formed an inseparable whole together with the principal penalty.
Held: ‘The most significant feature of detention ordered in connection with placing at the Government’s disposal is, as has already been pointed out, the relative indetermination of its duration. Depending on the case and the relevant administrative decisions, it may vary from nothing to ten years. No minimum duration is fixed by the law or the court; the detention may continue for a maximum period of 10 years, without the court which ordered the measure exercising the least control over it. In fact, the administration is responsible for adjusting the penalty to the circumstances of the individual.’ The sentence gave the Minister initial authority to detain for an indeterminate period varying according to the treatment required by the offender and the demands of the protection of society. This system was fundamentally different from that of the conditional release of prisoners ‘sentenced by a court to a period of imprisonment imposed by the court as being appropriate to the case’.
Wiarda P
(1982) 4 EHRR 443, [1982] ECHR 3
European Convention on Human Rights 5.4
Reserved from – Van Droogenbroeck v Belgium ECHR 25-Apr-1983
Hudoc Judgment (Just satisfaction) Non-pecuniary damage – financial award; Pecuniary damage – claim rejected; Costs and expenses – claim rejected
For an imprisonment to be lawful, the ‘detention’ must result . .
Cited – Thynne, Wilson and Gunnell v The United Kingdom ECHR 25-Oct-1990
The applicants, discretionary life prisoners, complained of a violation on the ground that they were not able to have the continued lawfulness of their detention decided by a court at reasonable intervals throughout their imprisonment.
Held: A . .
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 (on the Application of Cawser) v Secretary of State for the Home Department CA 5-Nov-2003
The claimant was serving a prison sentence for serious sexual offences. He would not be released until he had completed a sex offenders programme, but one was not made available, delaying his release.
Held: ‘The Secretary of State is not under . .
Cited – Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
Cited – Black, Regina (on the Application of) v Secretary of State for Justice HL 21-Jan-2009
The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his . .
Cited – Whiston, Regina (on The Application of) v Secretary of State for Justice CA 25-Oct-2012
The claimant was a prisoner released on a home detention licence, but his licence had been revoked. He now said that the way it had been revoked, without the respondent’s decision being subject to confirmation by the Parole Board, nor to other . .
Cited – Whiston, Regina (on The Application of) SC 2-Jul-2014
The claimant, having been released from prison on licence, objected to the procedure whereby his licence was revoked with no means for him to challenge that decision.
Held: The appeal was dismissed. Article 5(4) did not apply to the particular . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164909
There is discrimination only if the cases under comparison are not sufficiently different to justify the difference in treatment. This expressed by saying that the two cases must be in an ‘analogous situation’. The social security system is a ‘system characterised by a corpus of rights and obligations of which it would be artificial to isolate one specific aspect’.
The court rejected a submission that there had been a breach of article 4 where a pupil Avocat was compelled by regulations of the Order of Advocates to assist those in need of legal aid and represent clients without payment if so directed by the Order. There could be a breach ‘if the service imposed a burden which was so excessive or disproportionate to the advantages attached to the future exercise of that profession that the service could not be treated as having been voluntarily accepted beforehand.’ The court attached importance to the services falling within the ambit of the normal activities of an Avocat, that a compensatory factor was to be found in the advantages attaching to the profession and that the services contributed to the applicant’s professional training, with its opportunity to enlarge his experience.
8919/80, (1983) 6 EHRR 163, [1983] ECHR 13
European Convention on Human Rights 4
Cited – Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
Cited – Wilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
Cited – Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another SC 23-Jan-2013
The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants.
Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications . .
Cited – Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions CA 12-Feb-2013
The claimants complained of the system where they were obliged to work for free to claim Jobseekers Allowance.
Held: The 2011 Regulations were required to specify the schemes under which the claimants were to claim. Instead, the regulations . .
Cited – Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions SC 30-Oct-2013
The Secretary of State appealed against the decision in favour of Ms Reilly and Mr Wilson, that the 2011 Regulations, made under section 17A of the 1995 Act, did not comply with the requirements of that section, and (ii) a cross-appeal brought by . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164928
The applicant, aged 17, was convicted of armed robbery and sentenced to life imprisonment in the interests of public safety, being considered by the trial judge on appeal to be dangerous.
Held: ‘The court agrees with the Commission and the applicant that the clearly stated purpose for which [the] sentence was imposed, taken together with the particular facts pertaining to the offence for which he was convicted, places the sentence in a special category.’ In substance, Mr Weeks was being put at the disposal of the state because he needed continued supervision in custody for an unforeseeable length of time and, as a corollary, periodic reassessment in order to ascertain the most appropriate way of dealing with him, and added: ‘The grounds expressly relied on by the sentencing courts for ordering this form of deprivation of liberty against Mr Weeks are by their very nature susceptible of change with the passage of time, whereas the measure will remain in force for the whole of his life. In this, his sentence differs from a life sentence imposed on a person because of the gravity of the offence.’ The Parole Board for England and Wales has the necessary independence to constitute a ‘court’ for the purposes of Article 5(4). In considering whether the prisoner should be released, the Board will consider whether the prisoner remains a danger to the public. The freedom enjoyed by a discretionary life sentence prisoner on licence is ‘more circumscribed in law and more precarious than the freedom enjoyed by the ordinary citizen’ but is, nonetheless, a state of liberty for the purposes of article 5 of the Convention.
Times 05-Mar-1987, 9787/82, (1988) 10 EHRR 293, [2008] ECHR 18, [1987] ECHR 3
European Convention on Human Rights 5.4
Reserved from – Weeks v The United Kingdom ECHR 5-Oct-1988
The Court was asked as to the recall to prison of a prisoner who had been released on licence. His recall and subsequent detention were considered by the Board, but under the system then in place it could only make a non-binding recommendation. . .
Cited – Thynne, Wilson and Gunnell v The United Kingdom ECHR 25-Oct-1990
The applicants, discretionary life prisoners, complained of a violation on the ground that they were not able to have the continued lawfulness of their detention decided by a court at reasonable intervals throughout their imprisonment.
Held: A . .
Cited – O’Neill v Her Majesty’s Advocate HCJ 9-Mar-1999
The appellant pleaded guilty to an assault with a knife upon a stranger. He had a previous conviction for assault causing severe injury and permanent disfigurement, and two previous convictions for inter alia attempted murder and assault. He had . .
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 v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
Cited – 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 – Roberts v Parole Board HL 7-Jul-2005
Balancing Rights of Prisoner and Society
The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him.
Held: . .
Cited – Stafford v The United Kingdom ECHR 28-May-2002
Grand Chamber – The appellant claimed damages for being held in prison beyond the term of his sentence. Having been released on licence from a life sentence for murder, he was re-sentenced for a cheque fraud. He was not released after the end of the . .
Cited – Hirst v Secretary of State for the Home Department CA 6-Jul-2006
The prisoner had been released on licence but then recalled. He complained that the procedure infringed his human rights. He had been convicted of manslaughter, and was seen to be a long term danger. The court awarded him compensation saying that . .
Cited – Secretary of State for Justice v Walker; Same v James CA 1-Feb-2008
The claimant had been sentenced to a short period of imprisonment but with an indeterminate term until he demonstrated that it was no longer necessary for the protection of the public. He complained that the term having expired, no opportunity had . .
Cited – Brooke and Others, Regina (on the Application of) v The Parole Board and Another CA 1-Feb-2008
The claimant prisoner complained that the Parole Board was insufficiently independent of government to provide a fair hearing. The court at first instance had found that the relationship between the Parole Board and the sponsoring Department put the . .
Cited – Black, Regina (on the Application of) v Secretary of State for Justice HL 21-Jan-2009
The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his . .
Cited – Whiston, Regina (on The Application of) SC 2-Jul-2014
The claimant, having been released from prison on licence, objected to the procedure whereby his licence was revoked with no means for him to challenge that decision.
Held: The appeal was dismissed. Article 5(4) did not apply to the particular . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164979
ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings
[1987] ECHR 10, 9381/81
Updated: 04 June 2022; Ref: scu.164990
(Plenary Court) The court described and approved the way in which an ‘institutional’ right to vote had developed into ‘subjective rights of participation – the ‘right to vote’ and the ‘right to stand for election’.’ It described the ambit of Article 3: ‘In their internal legal orders the Contracting States make the rights to vote and stand for election subject to conditions which are not in principle precluded under Article 3. They have a wide margin of appreciation in this sphere, but it is for the Court to determine in the last resort whether the requirements of Protocol No 1 have been complied with; it has to satisfy itself that the conditions do not curtail the rights in question to such an extent as to impair their very essence and deprive them of their effectiveness; that they are imposed in pursuit of a legitimate aim; and that the means employed are not disproportionate. In particular, such conditions must not thwart ‘the free expression of the opinion of the people in the choice of the legislature’.’
There is room for ‘implied limitations’ on the rights enshrined in Article 3, and Contracting States must be given a wide margin of appreciation in this sphere.
R. RYSSDAL, P
9267/81, [1987] ECHR 1, (1988) 10 EHRR 1
European Convention on Human Rights A3P1
Cited – Robertson, Regina (on the Application of) v Experian Ltd and Another (2) Admn 21-Jul-2003
The claimant sought a judicial review of the regulations allowing sale of the electoral role by local government bodies to registered credit reference agencies. An adjournment was refused, and the case proceeded in his absence.
Held: The . .
Cited – Hirst v United Kingdom (2) ECHR 6-Oct-2005
(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting.
Held: Voting is a right not a privilege. It was a right central in a . .
Cited – Barclay and Others, Regina (on the Application of) v The Seigneur of Sark and Another Admn 18-Jun-2008
The claimants said that the the laws restricting residence and voting rights and oher constitutional arrangements on the Isle of Sark were in breach of European law, and human rights law.
Held: The claims failed. The composition of Chief Pleas . .
Cited – Barclay and Others, Regina (on the Application of) v Secretary of State for Justice and others CA 2-Dec-2008
The claimant appealed against refusal of his challenge to the new constitutional law for Sark, and sought a declaration of incompatibility under the 1998 Act. He said that by restricting the people who could stand for election, a free democracy had . .
Cited – Barclay and Others, Regina (on The Application of) v Secretary of State for Justice and Others SC 1-Dec-2009
The claimants said that restrictions within the constitution of Sark on who could sit in the Chief Pleas were incompatible with their human rights. The claimants variously owned property on Sark but had restricted rights to vote and stand.
Cited – Moohan and Another v The Lord Advocate SC 17-Dec-2014
The petitioners, convicted serving prisoners, had sought judicial review of the refusal to allow them to vote in the Scottish Referendum on Independence. The request had been refused in the Outer and Inner Houses.
Held: (Kerr, Wilson JJSC . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164977
The defendant complained that he had been tried and convicted in his absence.
Held: The right to a fair trial had been breached: ‘the object and purpose of [article 6] taken as a whole show that a person ‘charged with a criminal offence’ is entitled to take part in the hearing. Moreover, sub-paragraphs (c), (d) and (e) of paragraph (3) guarantee to ‘everyone charged with a criminal offence’ the right ‘to defend himself in person’, ‘to examine or have examined witnesses’ and ‘to have the free assistance of an interpreter if he cannot understand or speak the language used in court’, and it is difficult to see how he could exercise these rights without being present.’
9024/80, [1987] 7 EHRR 516, [1985] ECHR 1, (1985) 7 EHRR 516
European Convention on Human Rights 6.1
Mentioned – Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice Admn 21-Nov-2003
The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve.
Held: In exercising this function, . .
Cited – Hammond, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Nov-2004
The defendant had heard that the sentencing judge would set his sentence tarriff without an oral hearing, and would then give his decision in open court. He sought judicial review.
Held: Review was granted. The availability of a right of . .
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 – Hammond, Regina (on the Application of) v Secretary of State for the Home Department HL 1-Dec-2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the . .
Cited – Regina v In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum Governor of HM Prison Brixton, ex parte Barone Admn 7-Nov-1997
The defendant had been convicted in his absence by a court in Turin and in respect of whom there was uncontradicted evidence before their lordships that if he were returned to that jurisdiction he would, under the relevant Italian procedures, be . .
Cited – McGowan (Procurator Fiscal) v B SC 23-Nov-2011
The appellant complained that after arrest, though he had been advised of his right to legal advice, and had declined the offer, it was still wrong to have his subsequent interview relied upon at his trial.
Held: It was not incompatible with . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164946
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings
The requirements identified as flowing from the phrase ‘in accordance with the law’ include this: ‘A norm cannot be regarded as a ‘law’ unless it is formulated with sufficient precision to enable the citizen – if need be, with appropriate advice – to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail; however, experience shows that absolute precision is unattainable and the need to avoid excessive rigidity and to keep pace with changing circumstances means that many laws are inevitably couched in terms which, to a greater or lesser extent, are vague.’
and ‘[The] notion of necessity implies that the interference corresponds to a pressing social need and, in particular, that it is proportionate to the legitimate aim pursued.’
Times 28-Mar-1988, [1988] Series A No 130, 10465/83, (1988) 11 EHRR 259
Human Rights
Cited – Regina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
Cited – Keegan v United Kingdom ECHR 18-Jul-2006
The claimant had been the subject of a raid by armed police on his home. The raid was a mistake. He complained that the English legal system, in rejecting his claim had not allowed him to assert that the police action had been disproportionate.
Cited – HH v Deputy Prosecutor of The Italian Republic, Genoa SC 20-Jun-2012
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended . .
Cited – The Christian Institute and Others v The Lord Advocate SC 28-Jul-2016
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.165006
When considering cases of delay in court proceedings, the court must look to a further relevant circumstance, that is ‘what is at stake for the applicant’.
8737/79, [1983] 6 EHRR 17, [1983] ECHR 9
European Convention on Human Rights 6
Cited – Aaron v The Law Society (the Office of the Supervision of Solicitors) QBD 13-Oct-2003
The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels’ fees. In the course of later disciplinary proceedings he was found to have . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164912
Freedom of expression, as secured in paragraph 1 of Article 10, constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2, it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no ‘democratic society’. ‘The limits of acceptable criticism are accordingly wider as regards a politician as such than as regards a private individual. Unlike the latter, the former inevitably and knowingly lays himself open to close scrutiny of his every word and deed by both journalists and the public at large, and he must consequently display a greater degree of tolerance. No doubt article 10(2) enables the reputation of others–that is to say, of all individuals–to be protected, and this protection extends to politicians too, even when they are not acting in their private capacity; but in such cases the requirements of such protection have to be weighed in relation to the interests of open discussion of political issues.’
Ryssdal P
(1986) 8 EHRR 407, 9815/82, [1986] ECHR 7
European Convention on Human Rights 10
Cited – Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla PC 14-Feb-2001
PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this . .
Cited – George Worme Grenada Today Limited v The Commissioner of Police PC 29-Jan-2004
PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed.
Held: The appeal was dismissed. The . .
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 – Al-Fagih v H H Saudi Research and Marketing (UK) Ltd CA 1-Nov-2001
The media’s right to freedom of expression, particularly in the field of political discussion ‘is of a higher order’ than ‘the right of an individual to his good reputation.’ The majority upheld an appeal against a trial judge’s ruling that the . .
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 – Steel and Morris v United Kingdom ECHR 15-Feb-2005
The applicants had been sued in defamation by McDonalds. They had no resources, and English law precluded legal aid for such cases. The trial was the longest in English legal history. They complained that the non-availablility of legal aid infringed . .
Cited – George Galloway MP v The Telegraph Group Ltd CA 25-Jan-2006
The defendant appealed agaiunst a finding that it had defamed the claimant by repeating the contents of papers found after the invasion of Iraq which made claims against the claimant. The paper had not sought to justify the claims, relying on . .
Cited – Gaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
Cited – Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian CA 30-Oct-2012
Non-resident parents in each case appealed against suspended orders of imprisonment for non-payment of child support. They argued that the procedures used were indistinguishable from those held to be human rights non-compliant in Mubarak.
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164969
Hudoc Judgment (Preliminary objections) Preliminary objection allowed (non-exhaustion)
The refusal of Belgium to enable the registers of civil status to reflect lawful sex-changes violated the right to respect for private life in article 8.
7654/76, [1980] ECHR 7
European Convention on Human Rights 8
Cited – A v West Yorkshire Police HL 6-May-2004
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164900
Hudoc Judgment (Just satisfaction) Struck out of the list (friendly settlement)
8691/79, [1985] ECHR 5
European Convention on Human Rights 8.1
See Also – Malone v The United Kingdom ECHR 2-Aug-1984
COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in . .
See Also – Malone v Commissioner of the Police for the Metropolis (No 2) ChD 28-Feb-1979
The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164943
Hudoc Judgment (Just satisfaction) Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings
ECHR Judgment (Just Satisfaction) – Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings.
[1982] ECHR 9, 7806/77, 7601/76
European Convention on Human Rights 50
Human Rights
see also – Young, James and Webster v The United Kingdom ECHR 13-Aug-1981
Employees claimed religious objections to being obliged to members of a Trades Union.
Held: It is the obligation of states which have ratified the Convention to secure to everyone within their jurisdiction the rights and freedoms which it . .
Cited – Adams and Others v Lord Advocate IHCS 31-Jul-2002
(Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights.
Held: The Act was not infringing. Fox hunting as such was not a private activity protected by the . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164905
ECHR No violation of Art. 5-1; No violation of Art. 6-1; No violation of Art. 6-3-c; No violation of Art. 14+5; No violation of Art. 14+6
The applicants had unsuccessfully sought leave to appeal against conviction and sentence. The Court of Appeal dismissed their applications at a hearing at which, in accordance with the normal procedure, they were neither present nor represented. It ordered that part of the time that they had spent in custody after conviction should not count towards service of the sentences that had been imposed on them at first instance.
Held: The court rejected the applicants’ submission that there had been a breach of article 6 because they were not given the opportunity to be present in person and to submit oral arguments as to why they should not be subjected to an extension of their deprivation of liberty. The interests of justice and fairness could be met by the applicants being able to present relevant considerations through making written submissions.
(1988) 10 EHRR 205, 9562/81, 9818/82, [1987] ECHR 2, [1987] ECHR 2
European Convention on Human Rights 6
Cited – Dudson, Regina (on the Application of) v Secretary of State for the Home Department HL 28-Jul-2005
The defendant had committed a murder when aged 16, and after conviction sentenced to be detailed during Her Majesty’s Pleasure. His tarriff had been set at 18 years, reduced to 16 years after review.
Held: ‘What is at issue is the general . .
Cited – Hammond, Regina (on the Application of) v Secretary of State for the Home Department HL 1-Dec-2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164978
Hudoc No violation of Art. 11; No violation of Art. 14+11
The Belgian Government failed to consult a municipal police union about legislation affecting public sector employment rights. The union’s direct claim under article 11 failed, but article 14 was engaged (though on the particular facts the article 14 claim also failed). Article 14 comes into play whenever ‘the subject-matter of the disadvantage . . constitutes one of the modalities of the exercise of a right guaranteed’
4464/70, (1975) 1 EHRR 578, [1975] ECHR 2
European Convention on Human Rights 11 14
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 – Secretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
Cited – The Church of Jesus Christ of Latter-Day Saints v United Kingdom ECHR 4-Mar-2014
latterdayECHR0314
The claimant said that it had been wrongfully deprived of relief from business rates for its two temples. It asserted that it was a religion, and that the treatment was discriminatory. The government said that the refusal was on the basis alone that . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164862
ECHR No violation of Art. 11; No violation of Art. 14+11
5589/72, (1976) 1 EHRR 632, [1976] ECHR 1
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 – The Church of Jesus Christ of Latter-Day Saints v United Kingdom ECHR 4-Mar-2014
latterdayECHR0314
The claimant said that it had been wrongfully deprived of relief from business rates for its two temples. It asserted that it was a religion, and that the treatment was discriminatory. The government said that the refusal was on the basis alone that . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164861
The applicants had been detained under Belgian vagrancy laws. An earlier decision had found that their rights had been infringed because of the lack of effective means for them to challenge their detention. The Belgian government said that the applicants had not exhausted their national remedies.
Held: The complaints were admissible. Later changes in Belgian law could not change the situation which had applied at the time, but could provide for later compensation, and therefore the claims were rejected. Article 5.4 did not entitle a person detained to take proceedings to challenge detention when that detention was pursuant to an order of a court.
‘At first sight, the wording of Article 5(4) might make one think that it guarantees the right of the detainee always to have supervised by a court the lawfulness of a previous decision which has deprived him of his liberty . . Where the decision depriving a person of his liberty is one taken by an administrative body, there is no doubt that Article 5(4) obliges the contracting states to make available to the person detained the right to recourse to a court; there is nothing to indicate that the same applies when the decision is made by a court at the close of judicial proceedings. In the latter case, the supervision required by Article 5 (4) is incorporated in the decision, for example, where a sentence of imprisonment is pronounced after ‘conviction by a competent court’ (Article 5(1) (a) of the Convention).’
Sir Humphrey Waldock, P, Mm. G. Balladore Pallieri R. Cassin A. E. V. Holmback A. Verdross H. Rolin E. Rodenbourg A. N. C. Ross T. Wold H. Mosler M. Zekia A. Favre J. Cremona G. Wiarda S. Sigurjonsson
2832/66, 2899/66, 2835/66, (1970) 1 EHRR 373, [1970] ECHR 2
European Convention on Human Rights
Human Rights
Cited – P, Regina (on the Application of) v Secretary of State for the Home Department Admn 11-Dec-2003
The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing.
Cited – Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
See Also – De Wilde, Ooms and Versyp v Belgium ECHR 18-Jun-1971
ECHR Judgment (Just satisfaction) Preliminary objection rejected (non-exhaustion); Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient 2832/66; 2835/66; 2899/66
Cited – Black, Regina (on the Application of) v Secretary of State for Justice HL 21-Jan-2009
The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his . .
Cited – Black, Regina (on the Application of) v Secretary of State for Justice CA 15-Apr-2008
The prisoner complained of the power given to the defendant to block the early release of prisoners sentenced between certain dates for serious offences, saying that such a decision was for the courts only.
Held: The provision was incompatible . .
See Also – Cases Of De Wilde, Ooms And Versyp (‘Vagrancy’) v Belgium (Article 50) ECHR 10-Mar-1972
. .
Cited – Whiston, Regina (on The Application of) SC 2-Jul-2014
The claimant, having been released from prison on licence, objected to the procedure whereby his licence was revoked with no means for him to challenge that decision.
Held: The appeal was dismissed. Article 5(4) did not apply to the particular . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164870
Three strokes with a birch constituted degrading punishment for a 15-year-old boy, which violated article 3 having regard to the particular circumstances in which it was administered.
Preliminary objection rejected (disappearance of object of proceedings); Violation of Art. 3; Just satisfaction not applied.
The Convention is a living instrument which must be interpreted in the light of present-day conditions
5856/72, (1978) 2 EHRR 1, [1978] ECHR 2
European Convention on Human Rights
Cited – N v the Secretary of State for the Home Department CA 16-Oct-2003
The applicant entered the UK illegally. She was unwell and was given treatment. She resisted removal on the grounds that the treatment available to her would be of such a quality as to leave her life threatened.
Held: D -v- UK should be . .
Cited – Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence CA 21-Dec-2005
The claimants were dependants of Iraqi nationals killed in Iraq.
Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The . .
Cited – MAK and RK v The United Kingdom ECHR 23-Mar-2010
mak_ukECHR10
When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent.
Held: The doctor had . .
Cited – Eweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164874
ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award
37292/97, [2001] ECHR 408
Human Rights
Updated: 04 June 2022; Ref: scu.164846
Hudoc Judgment (Just satisfaction) Struck out of the list (friendly settlement)
6301/73, [1981] ECHR 7, [1981] ECHR 10
See Also – Winterwerp v The Netherlands ECHR 24-Oct-1979
A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164892
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are not incompatible with human dignity’. The complainants successfully alleged that the system of corporal punishment in Scottish state schools offended their philosophical convictions
ECHR Judgment (Merits) – Violation of P1-2; No violation of Art. 3; Just satisfaction reserved.
Mr R Ryssdal P
7511/76, 7743/76, (1982) 4 EHRR 293, [1982] ECHR 1
European Convention on Human Rights 2 9
Human Rights
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 – Regina (Williamson and Others) v Secretary of State for Education and Employment CA 12-Dec-2002
The claimants sought a declaration that the restriction on the infliction of corporal punishment in schools infringed their human right of freedom of religion. The schools concerned were Christian schools who believed that moderate corporal . .
Cited – Ali v The Head Teacher and Governors of Lord Grey School CA 29-Mar-2004
The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act.
Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and . .
Cited – Begum, Regina (on the Application of) v Denbigh High School Admn 15-Jun-2004
A schoolgirl complained that she had been excluded from school for wearing a form of attire which accorded with her Muslim beliefs.
Held: The school had made great efforts to establish what forms of wear were acceptable within the moslem . .
Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
Cited – Ali v Head Teacher and Governors of Lord Grey School HL 22-Mar-2006
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After . .
See Also – Campbell And Cosans v United Kingdom ECHR 22-Mar-1983
. .
Cited – Johns and Another, Regina (on The Application of) v Derby City Council and Another Admn 28-Feb-2011
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Cited – Grainger Plc and Others v Nicholson EAT 3-Nov-2009
EAT RELIGION OR BELIEF DISCRIMINATION
A belief in man-made climate change, and the alleged resulting moral imperatives, is capable, if genuinely held, of being a philosophical belief for the purpose of the . .
Cited – Grainger Plc and Others v Nicholson EAT 3-Nov-2009
EAT RELIGION OR BELIEF DISCRIMINATION
A belief in man-made climate change, and the alleged resulting moral imperatives, is capable, if genuinely held, of being a philosophical belief for the purpose of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164891
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award
(2003) 36 EHRR 60, 38703/97, [2001] ECHR 406, 11 BHRC 489
Human Rights
Updated: 04 June 2022; Ref: scu.164844
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione temporis); Preliminary objection rejected (non-exhaustion); Preliminary objection rejected (six month period); Violation of Art. 6-3-c; Non-pecuniary damage – financial award; Costs and expenses – claim rejected
[1980] ECHR 4, 6694/74
Updated: 04 June 2022; Ref: scu.164882
45424/99, (2003) 37 EHRR 47, [2001] ECHR 411
Human Rights
Updated: 04 June 2022; Ref: scu.164843
Hudoc Violation of Art. 5-3; Just satisfaction reserved
1936/63, [1968] ECHR 1
European Convention on Human Rights
See Also – Neumeister v Austria ECHR 6-Jul-1964
The applicant complained of his excessive detention on remand pending trial, suspected of fraud. . .
See Also – Neumeister v Austria ECHR 7-May-1974
The applicant complained, inter alia, of the length of time he had spent in detention while on remand from 24 February to 12 May 1961, that is, two months and sixteen days, and from 12 July 1962 to 16 September 1964, that is two years, two months . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164855
ECHR Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to emergency care order concerning J.; No violation of Art. 8 with regard to emergency care order concerning M.; No violation of Art. 8 with regard to normal care orders; Violation of Art. 8 with regard to failure to take steps to reunite family; No violation of Art. 8 with regard to access restrictions; No violation of Art. 13; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings
The mutual enjoyment by a parent and child of each other’s company is a fundamental element of family life.
25702/94, (2001) 36 EHRR 255, [2001] ECHR 461, [2001] 2 FLR 707, [2001] ECHR 465
European Convention on Human Rights 8
See Also – K And T v Finland ECHR 27-Apr-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No violation of Art. 13; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings; Costs and expenses . .
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 – G v E and Others CoP 26-Mar-2010
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164827
ECHR Judgment (Preliminary objections) Preliminary objection rejected (incompatibility); Questions of procedure rejected.
R Cassin P
332/57, (1979) 1 EHRR 1, [1960] ECHR 1
European Convention on Human Rights
Human Rights
See Also – Lawless v Ireland (No 1) ECHR 7-Apr-1961
‘The Court,
Having regard to the conclusions presented by the Delegates of the European Commission of Human Rights at the hearing on 7th April 1961;
Taking note of the fact that the Agent of the Irish Government does not intend to submit . .
See Also – Lawless v Ireland (No 3) ECHR 1-Jul-1961
The Irish Government derogated from article 5 in July 1957 in order to permit detention without charge or trial and the applicant was detained between July and December 1957. He could have obtained his release by undertaking to observe the law and . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164849
Having been convicted of drug trafficking, an application was made for a confiscation under the 1994 Act. On the civil balance of proof, and applying the assumptions under the Act, an order was made. The applicant claimed that his article 6 rights had been infringed. The respondent government said the application for an order was by way of additional penalty, and that no new criminal charge was involved, and art 6 was not engaged. The statutory assumption was not applied to facilitate finding the applicant guilty of an offence, but instead to enable assessment of the amount at which the confiscation order should be fixed. His article 6 rights were not engaged. The applicant also sought a declaration that the procedure infringed his right to peaceful enjoyment of his possessions. The presumption of innocence guaranteed under the Convention does not apply to sentencing procedures. Accordingly the presumption applied in UK law in applying confiscation orders after convictions for drug trafficking offences was not a breach of that right. It was akin to part of the sentencing procedure. In any event the system allowed certain safeguards on the use of the presumption. The provision which allowed confiscation of assets acquired over a longer period was not unreasonable, did not either interfere with the applicant’s right of peaceful enjoyment of his possessions.
G. Ress, President, A. Pastor Ridruejo, J. Makarczyk, Nicolas Bratza, V. Butkevych, N. Vajic, J. Hedigan, Judges, V. Berger, Section Registrar
Times 13-Aug-2001, 41087/98, [2001] Crim LR 817, [2001] ECHR 437, (2001) 11 BHRC 280
European Convention on Human Rights Art 6.2, Drug Trafficking Act 1994 4, Convention for the Protection of Human Rights and Fundamental Freedoms 1953 (1953 Cmd 8969)
Cited – Regina v Rezvi HL 24-Jan-2002
Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. . .
Applied – Regina v Benjafield, Regina v Leal, Regina v Rezvi, Regina v Milford HL 24-Jan-2002
Statutory provisions which reversed the burden of proof in cases involving drug smuggling and other repeat offenders, allowing confiscation orders to be made were not necessarily in contravention of the article 6 right. However the question of . .
Cited – Regina v Benjafield, Regina v Leal, Regina v Rezvi, Regina v Milford HL 24-Jan-2002
Statutory provisions which reversed the burden of proof in cases involving drug smuggling and other repeat offenders, allowing confiscation orders to be made were not necessarily in contravention of the article 6 right. However the question of . .
Cited – Lloyd v Bow Street Magistrates Court Admn 8-Oct-2003
The defendant had been convicted and made subect to a confiscation order in 1996. A final order for enforcement was made in late 2002. The defendant said the delay in the enforcement proceedings was a breach of his right to a trial within a . .
Cited – Regina v Levin CACD 29-Jan-2004
The defendant appealed against a confiscation order, challenging the standard of proof applied by the judge.
Held: The judge was entitled to include in his consideration, the evidence given at the trial as well as that on the confiscation . .
Cited – Briggs-Price, Regina v HL 29-Apr-2009
The applicant appealed against a confiscation order made on the basis of evidence obtained for and given in a trial that he had profited from the importation of cannabis. He had not faced trial on an associated charge, but had been convicted of . .
Cited – Waya, Regina v SC 14-Nov-2012
The defendant appealed against confiscation orders made under the 2002 Act. He had bought a flat with a substantial deposit from his own resources, and the balance from a lender. That lender was repaid after he took a replacement loan. He was later . .
Cited – Ahmad, Regina v SC 18-Jun-2014
The court considered the proper approach for the court to adopt, and the proper orders for the court to make, in confiscation proceedings where a number of criminals (some of whom may not be before the court) had between them acquired property or . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164838
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses partial award – Convention proceedings
[2001] ECHR 406, 49706/99, [2001] ECHR 410
Human Rights
Updated: 04 June 2022; Ref: scu.164841
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits (victim); No violation of Art. 6-1; Violation of Art. 6-2; Pecuniary damage – claim rejected; Costs and expenses partial award – domestic proceedings; Costs and expenses award – Convention proceedings
28923/95, [2001] ECHR 453
Human Rights
Cited – Mullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164834
(1979-80) 2 EHRR 417, [1979] ECHR 5, 7710/76
Cited – Assange v The Swedish Prosecution Authority SC 30-May-2012
The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision.
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164886
Application to dismiss the complaint as incompetent after delay
[2000] ScotSC 15
Scotland
Updated: 04 June 2022; Ref: scu.164757
Hudoc The claimants said that the dissolution of their political party by the Turkish Constitutional Court infringed their rights.
J-P Costa P
41340/98, [2001] ECHR 491, [2003] ECHR 87, 41343/98, [2001] ECHR 495, 41342/98
European Convention on Human Rights
Human Rights
See Also – Refah Partisi (The Welfare Party) And Others v Turkey ECHR 13-Feb-2003
. .
See Also – Refah Partisi (The Welfare Party) and Others v Turkey ECHR 13-Feb-2003
Hudoc No violation of Art. 11 ; Not necessary to examine under Arts. 9, 10, 14, 17 and 18 41340/98 ; 41342/98 ; 41343/98 ; 41344/98
‘ . . ..the expression ‘prescribed by law’ requires first that the impugned . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164816
The claimant prisoner complained of the delay in his release, awaiting a review. Domestic court proceedings had lasted two and a half months at first instance and a further three months on appeal. The proceedings had been brought by the public prosecutor to obtain an extension of the period during which the applicant, who had been convicted of attempted murder, was confined in a secure institution where he was being treated. The proceedings were based on the institution’s assessment that the applicant remained dangerous. The applicant unsuccessfully opposed the proceedings on a technical ground relating to jurisdiction.
Held: There had been a violation of article 5(4) as a result of delay in the holding of a hearing to determine whether the prolongation of detention was necessary, following the expiry of the period initially authorised. The court also held that there had been no violation of article 5(1). The purpose of article 5(1) was to prevent persons from being deprived of their liberty in an arbitrary fashion, and, on the facts, the detention during the period of the delay could not be regarded as involving an arbitrary deprivation of liberty.
[2001] ECHR 478, 32605/96, [2001] ECHR 482
European Convention on Hman Rights 5(1)
Human Rights
Cited – Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another SC 1-May-2013
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164823
Hudoc No violation of Art. 6-1; No violation of P1-1; No violation of Art. 14
Hudoc No violation of Art. 6-1; No violation of P1-1; No violation of Art. 14
42527/98, [2001] ECHR 467
European Convention on Human Rights
Human Rights
Cited – MAK and RK v The United Kingdom ECHR 23-Mar-2010
mak_ukECHR10
When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent.
Held: The doctor had . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164807
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Violation of Art. 13; Non-pecuniary damage – financial award
[2001] ECHR 484, 51585/99, [2001] ECHR 488
Updated: 04 June 2022; Ref: scu.164797
The system in Scotland whereby lesser judges were appointed by the executive, for a year at a time, and could be discharged without explanation or challenge, meant that they could be seen not to be independent, and the system was a breach of the right to a fair trial by an independent judiciary. There was no open protocol for making such decisions. Unconscious fears of influence in a judge’s mind could be enough.
Lord Prosser referred to the temporary nature of the appointment of Sherriffs: ‘But I am inclined to see independence – the need for a judge not to be dependent on others – as an additional substantive requirement, rather than simply a means of achieving impartiality or a perception of impartiality. Independence will guarantee not only that the judge is disinterested in relation to the parties and the cause, but also that in fulfilling his judicial function, generally as well as individual cases, he is and can be seen to be free of links with others (whether in the executive, or indeed the judiciary, or in outside life) which might, or might be thought to, affect his assessment of the matters entrusted to him.’
Lord Justice Clerk and Lord Prosser
Times 17-Nov-1999, 2000 JC 208, [1999] ScotHC 242, [2000] HRLR 191
European Convention on Human Rights Art 6
Cited – Millar v Dickson PC 24-Jul-2001
The Board was asked whether the appellants had waived their right to an independent and impartial tribunal under article 6 of the Convention by appearing before the temporary sheriffs without objecting to their hearing their cases on the ground that . .
Cited – Singh v The Secretary of State for the Home Department for Judicial Review OHCS 24-Dec-2003
The applicant complained that the adjudicator who had heard his asylum appeal in 1997 had not been sufficiently independent.
Held: The tribunal lacked what had come to be called ‘structural independence’ The common law test for impartiality . .
Cited – Holder v The Law Society Admn 26-Jul-2005
The applicant challenged the independence of the respondent’s disciplinary tribunal.
Held: The claim failed: ‘the nature of the Tribunal is entirely adequately independent and impartial for the purposes for which it is constituted. The . .
Cited – Barclay and Others, Regina (on the Application of) v Secretary of State for Justice and others CA 2-Dec-2008
The claimant appealed against refusal of his challenge to the new constitutional law for Sark, and sought a declaration of incompatibility under the 1998 Act. He said that by restricting the people who could stand for election, a free democracy had . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.164537
These: ‘claims are about the detention of prisoners who were subject to sentences of imprisonment for public protection passed before 14 July 2008, when new statutory provisions governing indeterminate sentences came into force. The Claimants argue that their detention breaches article 5, in various different ways’
Elisabeth Laing DBE J
[2015] EWHC 136 (Admin)
European Convention on Human Rights 5
England and Wales
Updated: 04 June 2022; Ref: scu.542487
A solicitors clerk had arrested and investigated on an allegation of having altered an attendance note. The police had reported the matter to the Law Society without informing the suspect first. The clerk now sought to restrain the Society from beginning disciplinary proceedings, saying that the note was confidential, that it should not have been disclosed and could not found such proceedings.
Held: The restraint was refused. That material was confidential did not necessarily or automatically attract the protection of article 8. At the same time something could be confidential without being necessarily connected with a person’s private life.
Newman J
[2001] All ER (D) 204
European Convention on Human Rights 8
England and Wales
Updated: 04 June 2022; Ref: scu.536642
Several dependants of persons killed in Iraq by British troops claimed damages.
Held: The court considered extensively the scope and applicability of Article 1 duties. In general an English court would have no jurisdiction over deaths abroad at the hands of British troops in a war situation. One death however had occurred whist the deceased was in the custody of the British Forces whilst they were the occupying power. Here sufficient jurisdiction and duties of care arose, and the family were entitled to a proper investigation of the circumstances of the death.
Mr Justice Forbes Lord Justice Rix
[2004] EWHC 2911 (Admin), Times 20-Dec-2004, [2007] QB 140, [2005] 2 WLR 1401, [2005] HRLR 3, [2005] UKHRR 427, [2005] ACD 51
European Convention of Human Rights
England and Wales
Cited – Bankovic v Belgium ECHR 12-Dec-2001
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own . .
Cited – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005
The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant . .
Appeal from – Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence CA 21-Dec-2005
The claimants were dependants of Iraqi nationals killed in Iraq.
Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The . .
Cited – Gentle and Others, Regina (on the Application of) v the Prime Minister and others Admn 20-Dec-2005
The applicants sought leave to bring judicial review of the decisions which led to the invasion of Iraq. They were relatives of servicemen who had died there.
Held: The court’s only duty at this stage was to ask whether there was an arguable . .
At First Instance – Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening) HL 13-Jun-2007
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
At Admn – Al-Skeini and Others v The United Kingdom ECHR 7-Jul-2011
(Grand Chamber) The exercise of jurisdiction, which is a threshold condition, is a necessary condition for a contracting state to be able to be held responsible for acts or omissions imputable to it which give rise to an allegation of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.220287
The applicant appealed an order striking out her complaint of race discrimination as hopeless. She sought recognition as a veterinary surgeon. Her claim had been dismissed because, under the section the College exercised a statutory power. She asserted that the regulations gave a wide discretion to the College to exempt individuals from all or part of the qualification procedures. It was held that the discretion only applied to those who already held one or more of the qualifications which were recognised. She claimed also that the tribunal system denied her the possibility of equality of arms, and therefore a fair hearing under art 6. The EAT held that the tribunal system was designed to be informal, and Chairmen are specifically required to give assistance to lay parties. There was no breach of that right.
EAT Human Rights –
His Honour Judge J Altman
EAT/1074/98
Veterinary Surgeon (Examination of Commonwealth and Foreign Candidates) Regulations 1967 Sch para 5, Race Relations Act 1976 41
England and Wales
Updated: 04 June 2022; Ref: scu.168224
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings
52634/99, [2001] ECHR 868, [2001] ECHR 877
Human Rights
Updated: 04 June 2022; Ref: scu.167084
The appeals concerned convictions from 1990 which had been challenged before, and following decisions in the European Court of Human Rights. It was alleged that certain information had been known to the prosecution, but not disclosed to them. The case concerned arrangements to boost share prices in connection with promoting a company take over. The appellants claimed that the Human Rights Act should be used retrospectively, invalidating the use of evidence obtained under compulsion.
Held: The recent decision in Kansal disallowed such retrospectivity. The Acts of the prosecution were lawful at the time. It was said that by current standards of fairness under common law the trials were unfair. Common law developments were retrospective. Again, the acts complained of were explicitly lawful at the time under statute, and not to be compared with unlawful withholding of evidence. The ruling of the European Court of Human Rights was sufficient in itself for the appellants, and did not require the overturning of the convictions. The primacy of Parliament and the provisions of s434 are fatal to the appellants contentions. Allegations about jury tampering were insufficiently established,
The Vice President, (Lord Justice Rose), Mr Justice Tomlinson, And, Sir Humphrey Potts
Times 01-Feb-2002, [2001] EWCA Crim 2860
England and Wales
Appeal from – Regina v Lyons, Parnes, Ronson, Saunders HL 15-Nov-2002
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights.
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.167211
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section
24014/07, [2019] ECHR 187
European Convention on Human Rights
Human Rights
Updated: 03 June 2022; Ref: scu.634322
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings.
5379/02, [2005] ECHR 445, [2011] ECHR 2152
Human Rights
Updated: 03 June 2022; Ref: scu.228708
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses (Convention proceedings) – claim rejected.
18582/03, [2005] ECHR 447
Human Rights
Updated: 03 June 2022; Ref: scu.228752
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (out of time); Violation of Art. 6-1; Inadmissible under Arts. 6-1 and 13 as regards the fairness of the proceedings; Inadmissible under P1-1 Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.
1985/03, [2005] ECHR 443
Human Rights
Updated: 03 June 2022; Ref: scu.228750
ECHR Judgment (Merits and Just Satisfaction) – Inadmissible under Arts. 6-1 and 13 as regards the fairness of the proceedings; Inadmissible under P1-1; Violation of Art. 6-1 as regards the length of the proceedings; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.
41621/02, [2005] ECHR 450
Human Rights
Updated: 03 June 2022; Ref: scu.228748
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 8; Not necessary to examine Arts. 13 and 14; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings.
30595/02, [2005] ECHR 441
Human Rights
Updated: 03 June 2022; Ref: scu.228709
The Claimant, a serving life prisoner, completed his minimum custodial term in 2010. He had still not yet been released. He contended that he was not provided with a place in open conditions and subsequently a place on temporary licence overnight in premises approved under section 13 of the 2007 Act, because, in breach of his domestic law duties and obligations under the European Convention on Human Rights, the Secretary of State had failed to make reasonable provision for systems and resources to enable life and other indeterminate sentence prisoners such as they require to demonstrate that they no longer present an unacceptable risk to the public.
Hickinbottom J
[2015] EWHC 11 (Admin)
Offender Management Act 2007 13
England and Wales
Updated: 03 June 2022; Ref: scu.541486
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a directive, the court must seek to interpret the Regulations to give effect to the directive. Sexual orientation might exceptionally be part of a genuine occupational requirement. The derogation from the duty of equal treament was tightly drawn: ‘the weight to be given to religious rights may depend upon how close the subject-matter is to the core of the religion’s values or organisation.’
The respondent submitted that there was no direct discrimination since the ground of the difference in treatment was marriage, not sexual orientation and the difference in treatment between married and unmarried couples did not amount to indirect discrimination since married and unmarried couples are not in a materially similar situation. Richards J answered: ‘I am inclined to agree with the submissions for the Secretary of State both as to the absence of direct discrimination and as to the absence of indirect discrimination. The consistent approach [of the ECJ] . . has been to hold that married partners are not in a comparable position to same-sex partners. It is true that until [the Directive] came into force there was no prohibition of discrimination on grounds of sexual orientation in Community law. There is also some force in [the] submission that the application of a condition with which same-sex partners are unable to comply because they are precluded from marrying is discriminatory. I am not persuaded, however, that those considerations . . justify the conclusion that [the] previous statements [of the ECJ] as to the lack of comparability between marriage and other relationships no longer hold good.’
Mr Justice Richards
[2004] EWHC 860 (Admin), [2004] IRLR 430, [2007] ICR 1176
Employment Equality (Sexual Orientation) Regulations 2003, Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, European Convention on Human Rights
England and Wales
Cited – Regina (Williamson and Others) v Secretary of State for Education and Employment CA 12-Dec-2002
The claimants sought a declaration that the restriction on the infliction of corporal punishment in schools infringed their human right of freedom of religion. The schools concerned were Christian schools who believed that moderate corporal . .
Cited – Regina v Chief Rabbi of the United Hebrew Congregations of Great Britain and the Commonwealth, Ex parte Wachmann 1992
A local rabbi sought judicial review of the declaration of the Chief Rabbi, following an investigation into allegations of adultery with members of his congregation, that he was religiously and morally unfit to occupy his position.
Held: Simon . .
Cited – X v Denmark ECHR 1976
Admissibility decision – state interference in appointment of clergyman. A clergyman was held to have accepted the discipline of his church when he took employment, and his right to leave the church guaranteed his freedom of religion. . .
Cited – Hasan and Chaush v Bulgaria ECHR 26-Oct-2000
The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: ‘Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the . .
Cited – von Colson and Kamann v Land Nordrhein-Westfalen ECJ 10-Apr-1984
LMA Art.177[Art.234] EC proceedings – Ms Van Colson had applied for a job with the prison service and Ms Harz had applied for a job with a private company Deutsche Tradex GmbH. Both had been rejected. The German . .
Cited – Litster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
Cited – Pickstone v Freemans Plc HL 30-Jun-1988
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim . .
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – Commission v Luxembourg (Judgment) ECJ 12-Jun-2003
Europa Failure of a Member State to fulfil obligations – Telecommunications – Rights of way – Failure to transpose Directive 90/388/EEC effectively. . .
Cited – Evans v The Secretary of State for the Environment, Transport and the Regions and The Motor Insurers’ Bureau ECJ 4-Dec-2003
ECJ Reference for a preliminary ruling: High Court of Justice (England and Wales), Queen’s Bench Division – United Kingdom. Approximation of laws – Directive 84/5/EEC – Compulsory insurance against civil . .
Cited – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Cited – Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
Cited – Smith and Grady v The United Kingdom ECHR 27-Sep-1999
The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into . .
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 – Johnston v Chief Constable of the Royal Ulster Constabulary ECJ 15-May-1986
The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which . .
Cited – Hibbs and Birmingham v United Kingdom ECHR 18-Jul-1996
Quakers objected to the obligation to contribute through general taxation to funds which may then be used by the State for arms procurement.
Held: The Convention is directed primarily to the personal sphere of personal belief and worship and . .
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 – Hibbs and Birmingham v United Kingdom ECHR 18-Jul-1996
Quakers objected to the obligation to contribute through general taxation to funds which may then be used by the State for arms procurement.
Held: The Convention is directed primarily to the personal sphere of personal belief and worship and . .
Cited – Olsson v Sweden (No 1) ECHR 24-Mar-1988
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs . .
Cited – KB v National Health Service Pensions Agency and Secretary of State for Health ECJ 7-Jan-2004
The claimant had for a number of years had a relationship with a trans-sexual. They had been unable to marry because English law would not recognise a marriage. She compained that on her death her partner would be unable to claim the pension awarded . .
Cited – D and Kingdom of Sweden v Council of the European Union ECJ 31-May-2001
Europa The intention of the Community legislature was to grant entitlement to the household allowance under Article 1(2)(a) of Annex VII to the Staff Regulations only to married couples. Only the legislature can, . .
Cited – Lindsay v United Kingdom ECHR 1986
The position of married couples is not comparable with the position of unmarried couples, so that differences in treatment between them do not amount to discrimination within the meaning of article 14 of the convention. . .
Cited – Inge Nolte v Landesversicherungsanstalt Hannover ECJ 14-Dec-1995
Europa Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as meaning that persons in employment which is . .
Cited – Grant v South West Trains Ltd ECJ 17-Feb-1998
A company’s ban on the provision of travel perks to same sex partners of employees did not constitute breach of European sex discrimination law. An employer’s policy was not necessarily to be incorporated into the contract of employment. The court . .
Cited – Ghaidan v Godin-Mendoza CA 5-Nov-2002
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
Cited – D and Kingdom of Sweden v Council of the European Union ECJ 31-May-2001
Europa The intention of the Community legislature was to grant entitlement to the household allowance under Article 1(2)(a) of Annex VII to the Staff Regulations only to married couples. Only the legislature can, . .
Cited – Seymour-Smith and Perez; Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another ECJ 9-Feb-1999
Awards made by an industrial tribunal for unfair dismissal are equivalent to pay for equal pay purposes. A system which produced a differential effect between sexes was not indirect discrimination unless the difference in treatment between men and . .
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 – Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions CA 18-Jun-2003
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums.
Held: The appeal . .
Cited – Anufrijeva v Secretary of State for the Home Department CA 22-Mar-2002
Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum . .
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 . .
Mentioned – Salgueiro Da Silva Mouta v Portugal ECHR 21-Dec-1999
There was a difference in treatment between the applicant and a comparator based on the applicant’s sexual orientation, a concept which is undoubtedly covered by Article 14. The list set out in this provision is of an indicative nature and is not . .
Cited – Otto-Preminger-Institut v Austria ECHR 20-Sep-1994
Balance of Religious Tolerance and Freedom
The Institut operated a cinema. It announced a showing of a film ‘Das Liebenconzil’. Proceedings were brought against it, on complaint by the Roman Catholic Church, in which it was accused of ‘disparaging religious doctrine’. The film was seized . .
Cited – Bowman v The United Kingdom ECHR 19-Feb-1998
UK Electoral law went too far to restrict freedom of speech when limiting the amounts spent by third parties discussing candidates. The legislative provision in question was held to operate, for all practical purposes, as a total barrier to Mrs . .
Cited – Regina v Lord Chancellor ex parte John Witham Admn 7-Mar-1997
If subordinate legislation cannot be construed in a way that makes it compatible with fundamental rights, it will be declared ultra vires. Rules which disallowed exemptions from court fees to a litigant in person on income support were invalid. They . .
Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
Cited – Age UK, Regina (On the Application of) v Attorney General Admn 25-Sep-2009
Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65.
Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social . .
Cited – Bull and Bull v Hall and Preddy CA 10-Feb-2012
The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 June 2022; Ref: scu.195971
‘In this case the Court is required to consider the approach of the Defendant Secretary of State for Communities and Local Government (‘SSCLG’) to the consideration and determination of planning appeals which relate to the provision of pitches for use by travellers within the Green Belt. Such pitches are used to station caravans in which travellers live. ‘
Gilbart J
[2015] EWHC 44 (Admin)
Equality Act 2010, European Convention on Human Rights 6 8
England and Wales
Updated: 03 June 2022; Ref: scu.541585
(Judgment) 1. The right to respect for private life, which is embodied in Article 8 of the European Convention on Human Rights and which derives from the common constitutional traditions of the Member States, is one of the fundamental rights protected by the Community legal order. It includes in particular a person’ s right to keep his state of health secret.
2. Restrictions may be imposed on fundamental rights protected by the Community legal order, provided that they in fact correspond to objectives of general public interest and do not constitute, with regard to the aim pursued, a disproportionate and intolerable interference which infringes upon the very substance of the right protected.
3. The pre-recruitment medical examination, provided for by Article 13 of the Conditions of Employment of other Servants, is designed to enable the institution concerned to determine whether a member of the temporary staff fulfils the requirements of Article 12(2)(d) as to physical fitness. However, although the pre-recruitment examination serves a legitimate interest of the institution, that interest does not justify the carrying out of a medical test against the will of the person concerned. Nevertheless, if the person concerned, after being properly informed, withholds his consent to a test which the medical officer of the institution considers necessary in order to evaluate his suitability for the post for which he has applied, the institution cannot be obliged to take the risk of recruiting him.
4. To interpret the provisions relating to the pre-recruitment medical examination of a member of the temporary staff as imposing an obligation to respect a refusal by the person concerned only in relation to a specific Aids screening test but as allowing any other tests to be carried out which might merely point to the possible presence of the Aids virus would impair the scope of the right to respect for private life. Observance of that right requires the refusal of the person concerned to be respected in its entirety. Where that person has expressly refused to undergo an Aids screening test, that right precludes the institution concerned from carrying out any test liable to point to, or establish, the existence of that illness.
The Court opined that the right to respect for private life, embodied in article 8, ‘includes in particular a person’s right to keep his state of health secret’.
C-404/92, [1994] EUECJ C-404/92P, [1995] IRLR 320, [1994] ECR I-4737
European
Cited – The Christian Institute and Others v The Lord Advocate SC 28-Jul-2016
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 June 2022; Ref: scu.161019
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee
51772/08, [2018] ECHR 1055
European Convention on Human Rights
Human Rights
Updated: 03 June 2022; Ref: scu.634107
ECHR Judgment : Struck out of the list : Third Section
38201/16, [2019] ECHR 192
European Convention on Human Rights
Human Rights
Updated: 03 June 2022; Ref: scu.634315
ECHR Judgment : Article 8 – Right to respect for private and family life : Second Section Committee
51051/15, [2019] ECHR 196
European Convention on Human Rights
Human Rights
Updated: 03 June 2022; Ref: scu.634314
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee
37882/08, [2019] ECHR 180
European Convention on Human Rights
Human Rights
Updated: 03 June 2022; Ref: scu.634313
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee
53319/10, [2019] ECHR 194
European Convention on Human Rights
Human Rights
Updated: 03 June 2022; Ref: scu.634325
The applicant had been absent and unrepresented throughout his trial. He complained of his conviction.
Held: Before a defendant could properly be said to have impliedly through his conduct waived his right it must be shown that he could reasonably have foreseen what the consequences of his conduct would be. This could not be done at the time of his trial as it was not clear under English law that it was possible to try an accused in his absence throughout, so it could not be said that he had unequivocally and intentionally waived his rights. His application was held to be inadmissible on other grounds.
30900/02, [2003] ECHR 713, (2003) 37 EHRR CD269
European Convention on Human Rights
Human Rights
Cited – McGowan (Procurator Fiscal) v B SC 23-Nov-2011
The appellant complained that after arrest, though he had been advised of his right to legal advice, and had declined the offer, it was still wrong to have his subsequent interview relied upon at his trial.
Held: It was not incompatible with . .
Lists of cited by and citing cases may be incomplete.
Updated: 02 June 2022; Ref: scu.432917
The claimant appealed against refusal of an order for habeas corpus. He was held by US forces in Afghanistan. He had been captured by British Forces and handed over to US forces and held in Bagram.
Held: The appeal succeeded.
Lord Neuberger MR, Maurice Kay LJ VP, Sullivan LJ
[2011] EWCA Civ 1540, [2012] 1 All ER 1290, [2012] HRLR 9
Geneva Conventions Act 1957 1(1)
England and Wales
Appeal from – Rahmatullah v Secretary of State for Foreign Affairs and Another Admn 29-Jul-2011
The claimant, a Pakistani national, detained by US Armed forces in Bagram in Afghanistan, sought a writ of habeas corpus. He had been first captured by British forces in Iraq in 2004, and transferred to US military under a Memorandum of . .
See Also – Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and Another (No 2) CA 23-Feb-2012
The claimant had been arrested by UK armed forces in Iraq, and pased to the US against an agreement as to his treatment. He had been taken instead.
Held: The UK needed to have in place an agreement which it could point to as showing that it . .
Appeal from – Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah SC 31-Oct-2012
The claimant complained that the UK Armed forces had taken part in his unlawful rendition from Iraq by the US government. He had been detaiined in Iraq and transferred to US Forces. The government became aware that he was to be removed to . .
Lists of cited by and citing cases may be incomplete.
Updated: 02 June 2022; Ref: scu.450054
32921/03, [2009] ECHR 1547
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.376315
17466/04, [2006] ECHR 1099
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248197
27701/02, [2006] ECHR 1145
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248196
25616/02, [2006] ECHR 1144
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248191
The claimant’s daughter had died after walking out of a mental health ward and being knocked down. She sought damages alleging negligence and in infringement of her daughter’s right to life.
Held: Negligence amounting to a breach of the right to life had to be gross negligence at a level which might support a charge of manslaughter. Clinical negligence only had been alleged, and the allegation of a breach of the deceased’s right to life must fail.
Swift J
Times 16-Feb-2007, [2006] EWHC 3562 (QB), [2006] Inquest LR 235, [2007] LS Law Medical 291
European Convention on Human Rights 2
England and Wales
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 . .
Cited – Barber v Somerset County Council HL 1-Apr-2004
A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his . .
Appeal from – Savage v South Essex Partnership NHS Foundation Trust and Another CA 21-Dec-2007
The claimant said that the defendant hospital had been negligent in failing to prevent her daughter escaping from the mental hospital at which she was detained and committing suicide.
Held: The status of a detained mental patient was more akin . .
Lists of cited by and citing cases may be incomplete.
Updated: 02 June 2022; Ref: scu.251415
35489/02, [2006] ECHR 1102
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248150
33595/02, [2006] ECHR 1147
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248137
33696/02, [2006] ECHR 1101
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248136
18860/03, [2006] ECHR 1106
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248182
14852/03, [2006] ECHR 1105
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248134
17133/04, [2006] ECHR 1108
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248144
9023/03, [2006] ECHR 1104
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248179
38597/03, [2006] ECHR 1109
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248126
9056/02, [2006] ECHR 1143
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248171
23697/02, [2006] ECHR 1142
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248169
33620/02, [2006] ECHR 1100
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248161
7061/02, [2006] ECHR 1136
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248166
23720/02, [2006] ECHR 1138
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248143
25464/03, [2006] ECHR 1107
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248160
21675/02, [2006] ECHR 1137
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248158
42480/04, [2006] ECHR 1130
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248178
72551/01, [2006] ECHR 1135
European Convention on Human Rights
Human Rights
See Also – Teliga And Others v Ukraine ECHR 21-Mar-2007
. .
Lists of cited by and citing cases may be incomplete.
Updated: 02 June 2022; Ref: scu.248184
62544/00, [2006] ECHR 1134
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248165
36545/02, [2006] ECHR 1103, [2006] ECHR 1159
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248155
31088/02, [2006] ECHR 1146
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248156
56891/00, [2006] ECHR 1140
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248124
55565/00, [2006] ECHR 1139
European Convention on Human Rights
Human Rights
Updated: 02 June 2022; Ref: scu.248122
The council sought possession of the land occupied by the appellant, a traveller, so that it could use the land for temporary accomodation for other travellers.
Tuckey, Carnwath, Neuberger LJJ
[2006] EWCA Civ 1739, [2007] BLGR 165
England and Wales
Appeal from – Doherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
Lists of cited by and citing cases may be incomplete.
Updated: 02 June 2022; Ref: scu.247497