Category: Human Rights

Regina (Mohamad) v Secretary of State for the Home Department: QBD 29 Nov 2002

The applicant challenged the refusal of his plea for asylum. He was an Iraqi Kurd. The order required him to be returned to Iraq.
Held: Notwithstanding the apparent terms of the order, he would in fact be returned to the Kurdish area of Iraq, where he would be safe from any form of persecution other than from members of his girlfriend’s family. Such a threat was not a Convention threat, and the order for return stood. Nor was the finding that the threat failed to reach the threshold where his human rights were engaged, incorrect.

Judges:

Munby J

Citations:

Times 12-Dec-2002

Statutes:

European Convention on Human Rights& Art 3

Jurisdiction:

England and Wales

Citing:

Cited – Regina (Sarkisian) v Immigration Appeal Tribunal Admn 28-Jun-2001
. .
Cited – Canaj v Secretary of State for Home Department and Vallaj v A Special Adjudicator CA 24-May-2001
. .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 29 May 2022; Ref: scu.178426

Regina (Cumpsty) v The Rent Service: QBD 8 Nov 2002

The claimant sought to challenge the way the respondent selected the local reference rent.
Held: The determination of the rent was a determination of the civil rights and obligations, of the tenant and of the landlord, and the claimant was entitled to a fair trial. However the Rent Officer was an independent and impartial tribunal, and, provided the Officer gave sufficient reasons for his decision, the procedure did not infringe the claimant’s human rights.

Judges:

Pichford J

Citations:

Times 05-Dec-2002

Statutes:

European Convention on Human Rights Art 6, Rent Officers (Housing Benefit Functions) Order 1997 (1997 No 1984)

Jurisdiction:

England and Wales

Housing, Benefits, Human Rights

Updated: 29 May 2022; Ref: scu.178326

Mousaka Inc v Golden Seagull Maritime Inc: QBD 30 Jul 2001

There has been no change to the rule that a judge refusing leave to appeal from an arbitration award, need not give his reasons. The rationale is that the question is a threshold one, of whether a particular standard had been reached. It was not a situation where a detailed examination was to be undertaken, and accordingly reasons were not appropriate. The position has not changed under the Human Rights Act.

Judges:

Steel J

Citations:

Times 03-Oct-2001

Statutes:

Arbitration Act 1996 69, Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

Cited – Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’) HL 1984
A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them.
Held: Though he deprecated extending the use of the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Litigation Practice, Arbitration

Updated: 29 May 2022; Ref: scu.166228

Conway v The Secretary of State for Justice: CA 18 Jan 2018

Application for leave to appeal from refusal of declaration of incompatibility of section 2(1) of the 1961 Act with the claimant’s Article 8 human rights. The case concerns the issue of the provision of assistance to a person with a terminal degenerative disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stage.
Held: Permission was given.

Judges:

Sir Ernest Ryder SPT, Underhill LJ

Citations:

[2017] EWCA Civ 16

Links:

Bailii, Judiciary

Statutes:

Suicide Act 1961 2(1), European Convention on Human Rights 8, Human Rights Act 1998 4(2)

Jurisdiction:

England and Wales

Citing:

At Admn – Conway, Regina (on The Application of) v The Secretary of State for Justice Admn 5-Oct-2017
The court was asked as to the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages. . .

Cited by:

Leave to Appeal – Conway, Regina (on The Application of) v The Secretary of State for Justice and Others CA 27-Jun-2018
Appeal from rejection of claim that section 2(1) of the 1961 infringed the claimant’s human rights. . .
Leave to Appeal – Conway, Regina (on The Application of) v Secretary of State for Justice SC 27-Nov-2018
Application for leave to appeal after refusal of order allowing withdrawal of his treatment leading to his death within an hour. He wished to argue as to the difference between letting someone die and taking active steps to bring about their death . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 29 May 2022; Ref: scu.602950

Conway, Regina (on The Application of) v The Secretary of State for Justice and Others: CA 27 Jun 2018

Appeal from rejection of claim that section 2(1) of the 1961 infringed the claimant’s human rights.

Citations:

[2018] EWCA Civ 1431, [2018] WLR(D) 402

Links:

Bailii, WLRD

Statutes:

Suicide Act 1961 2(1)

Jurisdiction:

England and Wales

Citing:

At Admn – Conway, Regina (on The Application of) v The Secretary of State for Justice Admn 5-Oct-2017
The court was asked as to the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages. . .
Leave to Appeal – Conway v The Secretary of State for Justice CA 18-Jan-2018
Application for leave to appeal from refusal of declaration of incompatibility of section 2(1) of the 1961 Act with the claimant’s Article 8 human rights. The case concerns the issue of the provision of assistance to a person with a terminal . .

Cited by:

At CA – Conway, Regina (on The Application of) v Secretary of State for Justice SC 27-Nov-2018
Application for leave to appeal after refusal of order allowing withdrawal of his treatment leading to his death within an hour. He wished to argue as to the difference between letting someone die and taking active steps to bring about their death . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Crime

Updated: 29 May 2022; Ref: scu.618925

Dezelak v Slovenia: ECHR 6 Apr 2006

Citations:

1438/02, [2006] ECHR 333

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Umek v Slovenia ECHR 8-Jan-2009
The claimant said that the defendant country had failed to provide her with an effective remedy for delay in proceedings before its courts. She had sought damages after being involved in a fire. She began proceedings in 1989, and they were concluded . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 29 May 2022; Ref: scu.243627

Huang v The Secretary of State for the Home Department: CA 1 Mar 2005

The adjudicator’s function is effectively to retake the Home Secretary’s decision. In doing so he will have regard to the Home Secretary’s policy in relation to the deportation of offenders as a material fact but not as a substitute for or a fetter on the adjudicator’s own judgment. The court substantially departed from the approach taken in earlier cases to the question how far should the adjudicator, in an Article 8 case, arrive at his own independent judgment in deciding whether removal of an appellant would be proportionate (given the legitimate aim of fair immigration control) and therefore lawful by force of Article 8(2). The adjudicator was required: ‘to allow an appeal against removal or deportation brought on Article 8 grounds if, but only if, he concludes that the case is so exceptional on its particular facts that the imperative of proportionality demands an outcome in the appellant’s favour notwithstanding that he cannot succeed under the Rules.’

Judges:

Lord Justice Laws Lord Justice Judge Lord Justice Latham

Citations:

[2005] 3 WLR 488, [2005] EWCA Civ 105

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

Cited – Machado v Secretary of State for the Home Deptment CA 19-May-2005
At issue was a decision of the Home Secretary to deport on grounds of public policy a foreign national married to an EU national with a right of establishment in the United Kingdom. The substantive issue was whether the decision of the IAT to uphold . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Appeal from – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 29 May 2022; Ref: scu.223280

Allan Samaroo v Secretary of State for the Home Department: CA 18 Sep 2001

A civil court of appeal has power to hear an application for bail in the course of a judicial review of a committal to custody under the Act pending deportation. Though the applicant could have sought habeas corpus, the court could exercise a similar powers by way of an original jurisdiction. The power to commit a deportee to custody was within the statutory power of the Secretary of State. The power was an inherent one, but was now to be seen in the light of the Human Rights Act. Nevertheless the court should attach particular weight to the views of the Secretary of State. In this case his decision was not to be disturbed.

Citations:

Times 18-Sep-2001

Jurisdiction:

England and Wales

Citing:

See Also – Samaroo and Sezek v Secretary of State for the Home Department CA 17-Jul-2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation.
Held: Where the deportation of a foreigner following a conviction here, would conflict with his human . .

Cited by:

Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 29 May 2022; Ref: scu.180035

Regina (H) v Criminal Injuries Compensation Authority: QBD 11 Nov 2002

The applicant claimed for damages having been injured. All the information requested by the Authority had been received, but the Authority unreasonably delayed settling the claim. The claimant sought damages under the Human Rights Act.
Held: The correct approach would have been to seek an order requiring the Authority to make a decision within a certain time. The Authority had requested certain information which was irrelevant to its determination. The court ordered the Authority to make a determination within 28 days, and the Article 8 application was not to be pursued.

Judges:

McCombe J

Citations:

Times 25-Nov-2002, Gazette 16-Jan-2003

Statutes:

European Convention on Human Rights Art 8

Jurisdiction:

England and Wales

Human Rights, Administrative

Updated: 29 May 2022; Ref: scu.178299

Regina v Secretary of State for Home Department ex parte Peter Elliot: Admn 18 Jul 2001

The applicant sought to challenge an order for his return to Hong Kong under the Act. He said that the ordnance under which he was to be tried, and anti-corruption statute, infringed his human rights by transferring to him the burden of proof. The Secretary of State argued that an English court should not impose its standards on other countries (per Drozd).
Held: Issues as to the fairness of a trial are best decided at the trial itself. The Hong Kong ordnance did include protections, and such offences might require special provisions. The Secretary’s decision to extradite was not to be faulted.

Judges:

Lord Justice Rose And Mr Justice Silber

Citations:

[2001] EWHC Admin 559

Links:

Bailii

Statutes:

Extradition Act 1989 12(1), European Convention on Human Rights 6.2

Citing:

Cited – Drozd and Janousek v France and Spain ECHR 26-Jun-1992
The applicants complained of the unfairness of their trial in Andorra (which the Court held it had no jurisdiction to investigate) and of their detention in France, which was not found to violate article 5.
Held: Member states are obliged to . .
Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights

Updated: 29 May 2022; Ref: scu.140350

Gunn-Russo v Nugent Care Society and Secretary of State for Health: Admn 20 Jul 2001

The applicant had been adopted as a child, and sought disclosure of the adoption records. The 1983 regulations gave a discretion to the Society, which had acted as adoption agency, to disclose information. The internal report to the society failed to analyze the appropriateness of the society’s policy, nor to examine the individual circumstances of the applicant’s case. She complained that the society had unlawfully fettered its own discretion.
Held: A balance has to be struck between disclosure and maintaining a confidence. Even so both the policy and the claimant’s own circumstances were to be reconsidered. Judicial review granted.

Judges:

The Honourable Mr Justice Scott Baker

Citations:

[2001] EWHC Admin 566

Links:

Bailii

Statutes:

Human Rights Act 1998, Children Act 1975 25, Adoption Agencies Regulations 1983 15(2)(a), Adoption Act 1976 1

Cited by:

Cited – Mersey Care NHS Trust v Ackroyd QBD 7-Feb-2006
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
Lists of cited by and citing cases may be incomplete.

Adoption, Human Rights

Updated: 29 May 2022; Ref: scu.140351

Regina v Securities and Futures Authority Limited Disciplinary Appeal Tribunal of Securities and Futures Authority Limited ex parte Bertrand Fleurose: Admn 26 Apr 2001

Those elements of Human Rights law which related to criminal charges could not be applied to disciplinary proceedings of the Securities and Futures Authority. Such proceedings are in their nature civil proceedings. Although a financial penalty was capable of being imposed, it could only be enforced as a civil debt. The applicant had the normal private rights of any member of an association.

Citations:

Times 15-May-2001, [2001] EWHC Admin 292

Links:

Bailii

Cited by:

Appeal from – Fleurose v The Securities and Futures Authority Ltd, The Disciplinary Appeal Tribunal of the Securities & Futures Authority Ltd CA 21-Dec-2001
The applicant sought to challenge a decision suspending him from authorisation to act as a financial adviser. He was alleged to have sought to affect the Index of share values in order that his company should not be liable under certain options. He . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Human Rights, Administrative

Updated: 29 May 2022; Ref: scu.140321

Sayania v Immigration Appeal Tribunal: Same v Secretary of State for Home Department: Admn 5 Apr 2001

The claimant sought to quash the IAT refusal of leave to appeal a Special Adjudicator’s decision, which had found no exceptional compassionate circumstances. She was a British Overseas Citizen seeking to be united with her family. She asserted that the test applied was too stringent in the light of the Human Rights Act.
Held: The cases indicated no inconsistency between the policies applied and the applicant’s article 8 rights.

Citations:

[2001] EWHC Admin 390

Links:

Bailii

Citing:

Cited – Regina v Secretary of State for Home Department ex parte Mahmood CA 8-Dec-2000
A Pakistani citizen entered the UK illegally and claimed asylum. A week before his claim was refused and he was served with removal directions, he married a British citizen of Pakistani origin. Two children were later born.
Held: Only . .
Cited – Regina v Secretary of State for Home Department ex parte Peter Isiko; Susan and Shemy Isiko CA 20-Dec-2000
. .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 29 May 2022; Ref: scu.140312

Greenfield v Secretary of State for Home Department: Admn 22 Feb 2001

Disciplinary proceedings within a prison were not criminal charges so as to bring into play the provisions of the Human Rights Act, even though they could result in an extension of the time which would be served by the prisoner. Such proceedings would not carry with them the stigma of a full criminal conviction, and it is necessary to ensure consistency throughout the convention countries as to the application of article 6.1. The risk of serving additional days followed from the original deprivation of liberty.

Citations:

Times 06-Mar-2001, [2001] EWHC Admin 129, [2001] 1 WLR 1731

Links:

Bailii

Statutes:

Criminal Justice Act 1991 42(2)

Jurisdiction:

England and Wales

Citing:

Appealed to – Regina (Carroll and Another) v Secretary of State for the Home Department; Regina (Greenfield) v Same CA 19-Jul-2001
The applicants had been disciplined whilst in prison, and suffered various penalties including the loss of remission. They argued that the penalties had been imposed in breach of their human rights and that the protection given for intimate searches . .

Cited by:

Appeal from – Regina (Carroll and Another) v Secretary of State for the Home Department; Regina (Greenfield) v Same CA 19-Jul-2001
The applicants had been disciplined whilst in prison, and suffered various penalties including the loss of remission. They argued that the penalties had been imposed in breach of their human rights and that the protection given for intimate searches . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Human Rights, Prisons, Human Rights

Updated: 29 May 2022; Ref: scu.140279

Lodhi v Governor of HMP Brixton and Government of United Arab Emirates: Admn 13 Mar 2001

Judges:

Brooke LJ, Morison J

Citations:

[2001] EWHC Admin 178

Links:

Bailii

Statutes:

Extradition Act 1989 12, European Convention on Human Rights

Citing:

See Also – Mohammad Fakhar Al Zaman Lodhi v The Governor of Brixton Prison, The Government of The United Arab Emirates Admn 9-Oct-2002
. .

Cited by:

See Also – Mohammad Fakhar Al Zaman Lodhi v The Governor of Brixton Prison, The Government of The United Arab Emirates Admn 9-Oct-2002
. .
Cited – Ahmad and Aswat v United States of America Admn 30-Nov-2006
The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission.
Held: The appeals failed. The court had diplomatic . .
Cited – VB and Others v Westminster Magistrates SC 5-Nov-2014
Extraditions to follow normal open justice rules
Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of . .
Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights

Updated: 29 May 2022; Ref: scu.140287

Regina v Secretary of State for Home Department ex parte Mario Montana: Admn 23 Nov 2000

The distinction made in British nationality law, between the relationships of mother and child, and that of father and child, when the parents were not married, was not a breach of the human right to a family life. The claimant suggested that the rule was discriminatory both as sex discrimination, and as discrimination against the child as illegitimate. In this case the refusal of British citizenship had not in fact interfered with the child’s family relationships, and there was no previous case in which such a distinction had been found. The cases for citizenship under the two sections were quite different, and were not proper comparators.

Citations:

Times 05-Dec-2000, Gazette 11-Jan-2001, [2000] EWHC Admin 421

Links:

Bailii

Statutes:

British Nationality Act 1981 2 3

Jurisdiction:

England and Wales

Administrative, Human Rights, Discrimination, Children

Updated: 29 May 2022; Ref: scu.140237

Nadeem Akhtar Saifi v Governor of Brixton Prison and Union of India: Admn 21 Dec 2000

The applicant for habeas corpus resisted extradition to India on the ground, among others, that the prosecution relied on a statement obtained by torture and since retracted.
Held: the court accepted the magistrate’s judgment that fairness did not call for exclusion of the statement, but was clear that the common law and domestic statute law (s78 of the 1984 Act) gave effect to the intent of article 15 of the International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1984.
Where evidence was brought in the form of a translation into English, it was not admissible under the Extradition Act unless it was in a language capable of being understood by the witness giving that primary evidence. The witness had given his evidence in Hindi, and it had been translated, as he spoke, into English, and he had then being asked to sign the translation. That statement was not admissible. The actual words used by the witness were no longer available for challenge. The concept of the burden of proof had no application in the circumstances of challenging the effect on fairness of admitting the statement. When a court was asked to determine whether an accusation was in good faith, that question went not to the issue of the extradition proceedings themselves, but as to the accusation by the prosecution witness and the charge.

Judges:

Rose LJ and Newman J

Citations:

Times 24-Jan-2001, [2000] EWHC Admin 437, [2000] EWHC QB 33, [2001] 1 WLR 1134

Links:

Bailii, Bailii

Statutes:

Extradition Act 1989 11(3) 27(1), Police and Criminal Evidence Act 1984 78, International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (1990, Cm 1775) 15

Jurisdiction:

England and Wales

Cited by:

Cited – Edgell v Glover, Garnett (Returning Officer) QBD 4-Nov-2003
The constituency had adopted an all postal ballot, resulting in a counted majority of one. One ballot paper’s confirmation of identity had not been signed.
Held: The function of the court, exercising its jurisdiction under section 48(1), is . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights

Updated: 29 May 2022; Ref: scu.140254

Regina v Canterbury Crown Court ex parte Regentford Ltd: Admn 21 Dec 2000

The disallowance of a judicial review of a judge’s order refusing an award of a defendant’s costs after an acquittal in the Crown Court was not an infringement of the defendant’s article 3 human rights to a fair trial. The costs order was refused on the basis that the company had brought suspicion on itself.

Citations:

Times 06-Feb-2001, [2000] EWHC Admin 440

Links:

Bailii

Criminal Practice, Human Rights

Updated: 29 May 2022; Ref: scu.140257

Parker v Director of Public Prosecutions: Admn 7 Dec 2000

The irrebuttable presumption contained in the Act that the level of alcohol contained in the accused’s blood at the time when he was stopped was no less than the level measured later that the police station, was not incompatible with the defendant’s right to a fair trial. It lay ill in the mouth of a defendant to argue innocence on the basis that he had consumed alcohol only shortly before driving, but to such a level that it did not show up when stopped, but only later when tested at the police station. Given the importance of the need to prevent drunken driving, the assumption and its irrebutable nature was reasonable, and not an infringement of the defendant’s right to a fair trial.

Judges:

Lord Justice Waller, And Mr Justice Sachs

Citations:

Times 26-Jan-2001, [2000] EWHC Admin 429, [2000] EWHC QB 44

Links:

Bailii, Bailii

Statutes:

Road Traffic Offenders Act 1988 15(2), Road Traffic Act 1988 5, Road Traffic Offenders Act 1988 15

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Human Rights

Updated: 29 May 2022; Ref: scu.140246

Regina ex parte Matthias Rath B v Matthias Rath Ltd the Advertising Standards Authority Ltd and its Reviewer: Admn 6 Dec 2000

Adjudications of the Advertising Standards Authority are prescribed by law, and the codes of practice are issued by virtue of statutory authority. The codes described a clear system for adjudicating complaints, and therefore anyone publishing advertising material could know in advance what rules applied, and what penalties he might incur. The need to ensure accuracy in health advertising was a sufficient purpose to justify the restriction on the freedom of expression.

Citations:

Times 10-Jan-2001, [2000] EWHC Admin 428

Links:

Bailii

Statutes:

European Convention on Human Rights Art 10, Control of Misleading Advertisements Regulations 1988 (1988 No 915)

Jurisdiction:

England and Wales

Media, Human Rights

Updated: 29 May 2022; Ref: scu.140245

Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000

The court was asked whether the processes by which the Secretary of State for the Environment Transport and the Regions (SSETR) makes decisions under the Town and Country Planning Act 1990 (TCPA) and orders under the Transport and Works Act 1992 (TWA), the Highways Act 1980 (HA) and the Acquisition of Land Act 1981 (ALA) are compatible with Article 6(1) of the European Convention on Human Rights.
Held: A declaration of incompatibility was granted with regard to the processes by which the Secretary of State made decisions under the Planning Act and orders under the Transport and Works Act, Highways Act and Acquisition of Land Act. They were incompatible with article 6.1 of the Convention on the basis that the processes failed to provide an independent tribunal. In some cases, the decisions being challenged were those in effect of the Secretary, and the decision was made by somebody appointed by the subject to removal by the secretary of state. The restrictions on the scope of the High Court to review the decisions and the freedom of the Secretary of State to make his own decision after a public hearing, meant that applicants were deprived of the an independent tribunal.

Judges:

Tuckey LJ, Harrison J

Citations:

Times 24-Jan-2001, [2000] EWHC Admin 432, [2000] EWHC 563 (QB)

Links:

Bailii, Bailii

Statutes:

Human Rights Act 1998, Town and Country Planning Act 1990, Acquisition of Land Act 1981, European Convention on Human Rights 6(1), Highways Act 1980, Transport and Works Act 1992

Cited by:

Appeal from – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Transport, Land, Planning

Updated: 29 May 2022; Ref: scu.140249

Regina and Secretary of State for Home Department v Gavin Mellor: Admn 31 Jul 2000

Citations:

[2000] EWHC Admin 385

Links:

Bailii

Cited by:

Appeal from – Regina v Secretary of State for Home Department ex parte Mellor CA 4-Apr-2001
A prisoner had no right to facilities to artificially inseminate his wife. In this case, he might not be released for several years, and there were no medical reasons advanced for finding exceptional reasons under the Department policy. Provided the . .
Lists of cited by and citing cases may be incomplete.

Prisons, Family, Human Rights, Health

Updated: 29 May 2022; Ref: scu.140200

Regina v Worcester County Council Secretary of State for Department of Health ex parte S W: Admn 2 Oct 2000

The court considered the lawfulness of a non-statutory list of people who might not be employed to work with children, the Consultancy Service Index.

Citations:

[2000] EWHC Admin 392, [2000] HRLR 702

Links:

Bailii

Citing:

Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .

Cited by:

Cited – Wright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Employment

Updated: 29 May 2022; Ref: scu.140207

Regina v Tower Hamlets Health Care NHS Trust and Snazell ex parte Von Brandenburg: Admn 26 Jun 2000

Citations:

[2000] EWHC Admin 362

Links:

Bailii

Statutes:

Mental Health Act 1983 2 3

Jurisdiction:

England and Wales

Citing:

Appealed to – Regina (Count Franz Von Brandenburg (aka Hanley) ) v East London and The City Mental Health NHS Trust, Snazell, Approved Social worker CA 21-Feb-2001
The court was asked ‘When a mental health review tribunal has ordered the discharge of a patient, is it lawful to readmit him under section 2 or section 3 of the [Mental Health Act 1983] where it cannot be demonstrated that there has been a relevant . .

Cited by:

Appeal from – Regina (Count Franz Von Brandenburg (aka Hanley) ) v East London and The City Mental Health NHS Trust, Snazell, Approved Social worker CA 21-Feb-2001
The court was asked ‘When a mental health review tribunal has ordered the discharge of a patient, is it lawful to readmit him under section 2 or section 3 of the [Mental Health Act 1983] where it cannot be demonstrated that there has been a relevant . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 29 May 2022; Ref: scu.140177

Regina v Broadcasting Standards Commission ex parte British Broadcasting Corporation: Admn 9 Jul 1999

The Corporation challenged a finding that it had infringed the privacy of a film subject of an investigation by the Watchdog programme. The corporation said that the subject, Dixons, as a corporation, had no right of privacy under Human Rights Law.

Citations:

[1999] EWHC Admin 659

Links:

Bailii

Statutes:

European Convention on Human Rights

Citing:

Appealed to – Regina v Broadcasting Standards Commission, Ex Parte British Broadcasting Corporation CA 6-Apr-2000
The Act protects the privacy of a corporate body. A television company which secretly filmed in a company’s store could be held to have infringed the privacy of the company by the Broadcasting Standards Commission. The Act went further than the . .

Cited by:

Appeal from – Regina v Broadcasting Standards Commission, Ex Parte British Broadcasting Corporation CA 6-Apr-2000
The Act protects the privacy of a corporate body. A television company which secretly filmed in a company’s store could be held to have infringed the privacy of the company by the Broadcasting Standards Commission. The Act went further than the . .
Lists of cited by and citing cases may be incomplete.

Media, Intellectual Property, Human Rights

Updated: 28 May 2022; Ref: scu.139923

Council of Civil Service Unions v The United Kingdom: ECHR 20 Jan 1987

(Commission) The applicants complained that as staff at GCHQ, they had been debarred from being members of trades unions.

Judges:

MM CA Nargaard P

Citations:

11603/85, [1987] ECHR 34, (1988) 10 EHRR CD269

Links:

Bailii

Statutes:

European Convention on Human Rights, Employment Protection Act 1975, Employment Protection (Consolidation) Act 1978 138(1)

Jurisdiction:

Human Rights

Citing:

At HL – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Employment

Updated: 28 May 2022; Ref: scu.444036

X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a niqab; second the importance of a uniform policy as promoting ‘uniformity and an ethos of equality and cohesion’; third security; and finally avoiding applying pressure on girls to wear a niqab. ‘ The girl had reached puberty, and it was in accordance with her own genuinely held religious belief that she should wear the niqab if taught by male teachers. Her elder sisters had been allowed to wear the niqab.
Held: The girl’s claim failed. The rule was accessible and precise and had been communicated to the claimant. None of the bodies and people consulted about the policy had said there was a requirement to wear a niqab. The only girl at the shool who had worn the niqab in recent years was the claimant’s elder sister whilst in the sixth form, but the sixth form did not have a uniform policy. Any legitimate expectation was not excluded by the 1998 and 2002 Acts which were merely permissive. The policy was within an area where the school enjoyed a discretion. There was no practice upon which any claim for a legitimate expectation might be based.

Judges:

Silber J

Citations:

[2007] EWHC 298 (Admin), [2008] 1 All ER 249

Links:

Bailii

Statutes:

European Convention on Human Rights 9, Education Act 2002 21(1), School Standards and Framework Act 1998 38(1)

Jurisdiction:

England and Wales

Citing:

Cited – Bradley v Jockey Club QBD 2004
The former jockey sought an injunction to restrain the respondent enforcing a ban it had imposed on him from working as a jockey for five years. The defendant had previously been ruled authoritatively not to be amenable to judicial review in public . .
Cited – Bradley v The Jockey Club CA 12-Jul-2005
The Jockey had been disqualified from riding for five years for breaches of the club’s rules. He said the punishment was disproportionate in effectively preventing him working for a living.
Held: The appeal failed, and the judge’s analysis was . .
Cited – Regina v Camden London Borough Council Ex Parte Cran and Others QBD 25-Jan-1995
A designation of an area as a controlled parking area was vitiated by the failure of the Local Authority to consult locally. The court expanded on the principles for consultation set out in Gunning: ‘What kind and amount of consultation is required . .
Cited – Konttinen v Finland ECHR 3-Dec-1996
(Commission) The applicant was a civil servant and a Seventh-day Adventist. He was dismissed for his refusal to continue working after sunset on Fridays. His contract required him to work on Friday evenings after sunset.
Held: The claim was . .
Cited – Valsamis v Greece ECHR 18-Dec-1996
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3; No violation of Art. 9; No violation of P1-2; Violation of Art. 13+P1-2; Violation of Art. 13+9; Non-pecuniary damage – finding of violation . .
Cited – Sahin And Surgec v Turkey ECHR 31-Oct-2006
‘The court reiterates its settled case-law that the expression ‘prescribed by law’ requires first that the impugned measure should have a basis in domestic law. It also refers to the quality of the law in question, requiring that it be accessible to . .
Cited – Stedman v United Kingdom ECHR 9-Apr-1997
(Commission) The applicant alleged that her dismissal for refusal to work on Sundays constituted a violation of her freedom to manifest her religion in worship, practice and observance, contrary to Article 9.
Held: The Commission first had to . .
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
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 – Jewish Liturgical Association Cha’are Shalom Ve Tsedek v France ECHR 27-Jun-2000
The applicants, ultra-orthodox jews, challenged the regulation of ritual slaughter in France, which did not satisfy their exacting religious standards.
Held: The applicants’ right to freedom of expression was not limited by the controls on the . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Bradley v Jockey Club QBD 2004
The former jockey sought an injunction to restrain the respondent enforcing a ban it had imposed on him from working as a jockey for five years. The defendant had previously been ruled authoritatively not to be amenable to judicial review in public . .
Cited – Samaroo and Sezek v Secretary of State for the Home Department CA 17-Jul-2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation.
Held: Where the deportation of a foreigner following a conviction here, would conflict with his human . .
Cited – Leyla Sahin v Turkey ECHR 29-Jun-2004
(Grand Chamber) The applicant had been denied access to written examinations and to a lecture at the University of Istanbul because she was wearing an Islamic headscarf. This was prohibited not only by the rules of the university but also by the . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – Matadeen and others v M G C Pointu and others (Mauritius) PC 18-Feb-1998
It is a well recognised canon of construction that domestic legislation, including the Constitution, should if possible be construed so as to conform to international instruments to which the state is party. Lord Hoffmann said: ‘of course persons . .

Cited by:

Cited – Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination, Human Rights

Updated: 28 May 2022; Ref: scu.248949

Malisiewicz-Gasior v Poland: ECHR 6 Apr 2006

Citations:

43797/98, [2006] ECHR 350, (2007) 45 EHRR 21

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Jurisdiction:

Human Rights

Cited by:

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

Human Rights

Updated: 28 May 2022; Ref: scu.243643

In re W (Children: Removal into Care): CA 4 May 2005

Parents complained of an infringement of their human rights when their children were taken into care. The care orders had been made by consent in early 2004, under which the children were to stay at home. The parents failed to comply with conditions attached and in May 2004, the authority gave notice that it would, under the order, seek to remove the children to their care. The parents issued an application for the care orders to be discharged.
Held: The parents’ applications was misconceived, and failed. Any complaint under Human Rights must be made much earlier.

Judges:

Thorpe, Wall LJJ

Citations:

Times 25-May-2005

Jurisdiction:

England and Wales

Children, Human Rights

Updated: 28 May 2022; Ref: scu.226034

Malek v Austria: ECHR 21 Oct 2004

Citations:

16174/02, [2004] ECHR 532

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Malek v Austria ECHR 12-Jun-2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to the other complaints ; Non-pecuniary damage – . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 28 May 2022; Ref: scu.230606

H v United Kingdom: ECHR 1985

The applicant was sentenced to life imprisonment in 1973 for committing a murder in the course of a robbery.
Held: The penalty for this offence at the time it was committed was life imprisonment and thus no issue under Art. 7 (art. 7) arises in this respect. The ‘penalty’ for purposes of Art. 7, para 1 (art. 7-1), must be considered to be that of life imprisonment. Nevertheless as a result of the change in parole policy the applicant would not become eligible for release on parole until he had served 20 years’ imprisonment. Although this may give rise to the result that his imprisonment is effectively harsher than if he had been eligible for release on parole at an earlier stage, such matters relate to the execution of the imprisonment as opposed to the ‘penalty’ which remains that of life imprisonment. Accordingly, it cannot be said that the ‘penalty’ imposed is a heavier one than that imposed by the trial judge. The Commission rejected the application as manifestly ill-founded.

Citations:

11653/85

Jurisdiction:

Human Rights

Cited by:

Cited – McFetrich, Regina (on the Application of) v Secretary of State for the Home Department Admn 30-Jun-2003
The defendant had been convicted of murder in Scotland. He requested a transfer to an English prison. The trial judge recommended a tariff of eight years which was eventually set at 12 years by the respondent. That figure also exceeded the maximum . .
Cited – Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant?
Held: Lord Bingham of Cornhill said: . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Sentencing

Updated: 28 May 2022; Ref: scu.184130

Colloza and Rubinat v Italy: ECHR 1985

Citations:

[1985] 7 EHRR 516

Jurisdiction:

Human Rights

Cited by:

Cited – Spinnato, Re v Governor of HM Prison Brixton and Another Admn 20-Dec-2001
The prisoner had been convicted in his absence in 1991 of offences in Italy. He was resident in England at the time, and many years later extradition was sought. He had not hidden his whereabouts, and the Italian State seemed not to have pursued . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 28 May 2022; Ref: scu.183140

Shmalko v Ukraine: ECHR 20 Jul 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings

Citations:

60750/00, [2004] ECHR 373

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 28 May 2022; Ref: scu.199501

Malek v Austria: ECHR 12 Jun 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to the other complaints ; Non-pecuniary damage – financial award ; Costs and expenses (Convention proceedings) – claim rejected

Citations:

60553/00, [2003] ECHR 282, [2003] ECHR 282, [2010] ECHR 2249

Links:

Worldlii, Bailii, Bailii

Jurisdiction:

Human Rights

Cited by:

See Also – Malek v Austria ECHR 21-Oct-2004
. .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 28 May 2022; Ref: scu.183758

Eastaway v The United Kingdom: ECHR 20 Jul 2004

The applicant had been proceeded against after the collapse of companies in which he was involved with very substantial debts. The proceedings had begun in July 1990, and lasted nearly nine years.
Held: Where proceedings could be expected to have an adverse effect on the applicant’s reputation and ability to practice his profession, special diligence was required to act with expedition. The applicant had pursued appeals himself which had failed, and criticism of him for this was incorrect, the solution being to exclude an appropriate period from the time calculation. There had been a violation of the applicant’s article 6 rights.

Citations:

74976/01, Times 09-Aug-2004, [2004] ECHR 364

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6.1

Jurisdiction:

Human Rights

Citing:

Cited – Davies v The United Kingdom ECHR 16-Jul-2002
The applicant had been subject to applications for his disqualification from acting as a company director. The Secretary of State waited until the last day before issuing proceedings, and the proceedings were then delayed another three years pending . .
See Also – Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway HL 8-Nov-2000
Where the Court of Appeal had refused permission to apply for judicial review after a similar refusal by a judge, that decision was also, by implication, a refusal to grant permission to appeal against the judge’s decision, and there was no scope . .
See Also – Secretary of State for Trade and Industry v Eastaway; Re Blackspur Group (No 3), Secretary of State for Trade and Industry v Davies and Others (No 2) CA 13-Sep-2001
. .
See Also – Secretary of State for Trade and Industry v Eastaway CA 6-Apr-2001
. .
See Also – In Re Blackspur Group Plc; Secretary of State v Eastaway ChD 21-Jun-2001
The director was amongst a group against whom a director disqualification order was sought. He offered an undertaking, but the Secretary of State refused to accept this unless it was accompanied by a statement as to the factual basis on which it was . .

Cited by:

At ECHR – Eastaway v Secretary of State for Trade and Industry and similar ChD 2-Mar-2006
. .
At ECHR – Eastaway v Secretary of State for Trade and Industry CA 10-May-2007
The applicant had been subject to company director disqualification proceedings. Eventually he gave an undertaking not to act as a company director, but then succeeded at the ECHR in a complaint of delay. He now sought release from his undertaking . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Company

Updated: 28 May 2022; Ref: scu.199500

Purcell v Ireland: ECHR 16 Apr 1991

The applicants were several individuals and two trades unions who complained that a ministerial order made under legislation relating to broadcasting infringed their rights under Article 10 of the Convention.
Held: The Commission rejected the application as inadmissible in so far as brought by the two trade unions, saying that the measure complained of did not affect the rights of the applicant unions themselves: the ministerial order did not refer to the exercise of any of their rights. The fact alone that the trade unions considered themselves as guardians of the collective interests of their members did not suffice to make them victims within the meaning of Article 25. It followed that in so far as the application was brought by the two trade unions, it was incompatible ratione personae with the provisions of the Convention and must be rejected.

Judges:

CA Norgaard P

Citations:

(1991) 70 DR 262, [1991] ECHR 77, 15404/89

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Jurisdiction:

Human Rights

Cited by:

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.

Human Rights, Media, Employment

Updated: 28 May 2022; Ref: scu.179877

Ex parte Motion Spath Holme Limited: Admn 16 Mar 1999

The respondent had made an order with regard to the calculation of fair rents. The claimant challenged the order.
Held: There were social and economic arguments, and a very difficult balancing exercise had to be carried out in the light of the judgments that the Secretary of State made as to the effects, on the one hand on tenants and the other on landlords, of any decision as to the order. The court could not conclude that there was an arguable case that the conclusion was perverse. In the absence of any ambiguity in the provisions at issue, the court was unable to look to the Convention for assistance in their interpretation.

Judges:

Latham J

Citations:

[1999] EWHC Admin 229

Links:

Bailii

Statutes:

Rent Act Maximum Fair Rent Order 1999 (1999 No 6), Rent Act 1977, European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina, Ex Parte Spath Holme Ltd v Secretary of State for the Environment Transport and The Regions, Secretary of State For Wales CA 20-Jan-2000
Regulations made to ease the effect of changes on the calculation of registered rents were ultra vires and void. The Act under which they were made was intended to control inflation. The purpose of these Regulations was to ease the effect on . .
Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 28 May 2022; Ref: scu.139493