Search Results for: Human Rights Act 1998 6 7

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Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001

The council cancelled the respondent’s registration as a child minder. The respondent appealed to the Magistrates, and succeeded, the court finding that the process undertaken by the council had infringed his rights. On appeal the council succeeded. The magistrates should have looked beyond procedural issues. The appeal to them required a hearing de novo. The … Continue reading Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001

A v Essex County Council: CA 16 Apr 2008

The claimants had been excluded from school in ways which they said infringed their human rights. They now appealed against a striking out of their claims given on the ground that the claim had no prospect of success. The claimants also needed enlargement of the time to commence the action. Held: The appeal failed. It … Continue reading A v Essex County Council: CA 16 Apr 2008

McDonald v McDonald and Others: SC 15 Jun 2016

Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. The receivers began possession proceedings, and a possession order was made and confirmed. She appealed saying … Continue reading McDonald v McDonald and Others: SC 15 Jun 2016

McDonald, Regina (on the Application of) v Manchester Crown Court; Others: Admn 9 Nov 1998

Each defendant challenged decisions to extend the custody time limits. Judges: Lord Bingham of Cornhill LCJ, Collins J Citations: [1998] EWHC 319 (Admin) Links: Bailii Statutes: European Convention of Human Rights 5, Bail Act 1976 4(1), Prosecution of Offences (Custody Time Limits) Regulations 1987 Jurisdiction: England and Wales Criminal Practice, Human Rights Updated: 12 July … Continue reading McDonald, Regina (on the Application of) v Manchester Crown Court; Others: Admn 9 Nov 1998

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 to that of a prisoner than of a patient because of the control exercised and … Continue reading Savage v South Essex Partnership NHS Foundation Trust and Another: CA 21 Dec 2007

Wickramsinghe v United Kingdom: ECHR 9 Dec 1997

(Commission) Although professional disciplinary proceedings may be conducted to the criminal standard of proof, that does not make them ‘akin to criminal proceedings’. ‘in general’, disciplinary proceedings are not ‘criminal’ for the purpose of Article 6.1 and 6.3, because professional disciplinary matters concern the relationship between professional associations and individuals rather than draw on law … Continue reading Wickramsinghe v United Kingdom: ECHR 9 Dec 1997

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

The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion. Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an employee. ‘The religious beliefs of a community may be such that their manifestation does not … Continue reading The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007

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

The parties challenged under the 198 Act the right of trustees to seek a Beddoe order protecting themselves against an award of costs. Citations: [2007] EWHC 1922 (Ch) Links: Bailii Statutes: Human Rights Act 1998 Part 1 Jurisdiction: England and Wales Citing: Cited – In Re Beddoe, Downes v Cottam CA 1893 A trustee had … Continue reading 3 Individual Present Professional Trustees of 2 Trusts v an Infant Prospective Beneficiary of One Trust and others: ChD 25 Jul 2007

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

The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict liability, and the governor was liable in damages even though he had … Continue reading Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2): HL 27 Jul 2000

Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007

The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence. Held: The claim was struck out. In effect this was an application for … Continue reading Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007

Bryce Ashworth v Newnote Ltd: CA 27 Jul 2007

The appellant challenged a refusal to set aside a statutory demand, in respect of his director’s loan account with the respondent company, saying the court should have accepted other accounts to set off against that debt. Held: A statutory demand may be set aside if ‘the debtor appears to have a counterclaim, set-off or cross … Continue reading Bryce Ashworth v Newnote Ltd: CA 27 Jul 2007

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

The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter. Held: The application was frivolous. None of the evidence presented remotely constituted evidence of what the claimant asserted. Though section … Continue reading Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others: FD 5 Jul 2007

DS v Her Majesty’s Advocate: PC 22 May 2007

An amendment to the 1995 Act placed restrictions on the questioning of the complainer in trials of persons charged with sexual offences. The defendant appealed, saying that the restrictions were incompatible with the right to a fair trial under article 6 of the Convention. Held: The challenge failed. Where a defendant in a rape trial … Continue reading DS v Her Majesty’s Advocate: PC 22 May 2007

Morris and Another v Revenue and Customs: ChD 23 May 2007

The court heard an appeal against a preliminary decision of the Special Commissioners about two issues of principle which affect forthcoming appeals against assessments to self-assessments made by the Respondent Commissioners against them. The two issues are: (a) whether the time limit imposed by section 34 of the 1970 Act (‘TMA’) applies to closure notices … Continue reading Morris and Another v Revenue and Customs: ChD 23 May 2007

O’Connor and Another v Wiltshire County Council: CA 9 May 2007

The claimants sought compensation for the diminution in the values of their properties because of noise pollution from a new highway. The defendant highway authority said that liability had been transferred to its contractors, and it had not been and was not a highway maintainable at public expense. Held: The road had been constructed for … Continue reading O’Connor and Another v Wiltshire County Council: CA 9 May 2007

Mahmood v Galloway and Another: QBD 5 Apr 2006

The claimant was an investigative journalist used to working under cover. He sought to restrain the defendants from publicising his image on the internet on their web-site. The defendants sought to have lifted the without notice injunction granted the day before. Judges: Mitting J Citations: [2006] EWHC 1286 (QB), [2006] EMLR 26 Links: Bailii Statutes: … Continue reading Mahmood v Galloway and Another: QBD 5 Apr 2006

Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening): HL 12 Nov 2008

(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading treatment, and that the police had given undue weight to the right to demonstrate. … Continue reading Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening): HL 12 Nov 2008

Van Colle and Another v Chief Constable of the Hertfordshire Police: CA 24 Apr 2007

The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability. Held: The responsible officer had not been aware of the applicable protocol. The police ought to have been aware of … Continue reading Van Colle and Another v Chief Constable of the Hertfordshire Police: CA 24 Apr 2007

Jordan v Lord Chancellor and Another (Northern Ireland): HL 28 Mar 2007

In each case a death had occurred many years earlier where the deceased had apparently died at the hands of the armed forces. The relatives now challenged the range of verdicts which could be left to a coroner’s jury.Lord Bingham said: ‘The Coroner must decide how widely the inquiry should range to elicit the facts … Continue reading Jordan v Lord Chancellor and Another (Northern Ireland): HL 28 Mar 2007

Ali, Altaf v Crown Prosecution Service, West Midlands: CACD 22 Mar 2007

The defendant was first arrested in 1997, but only re-arrested in 2004. He complained that the delay affected his right to a fair trial within a proper time. The judge accepted this but the trial proceeded, the judge denying a claim of abuse of process. Held: The appeals succeeded. The delay meant that documents which … Continue reading Ali, Altaf v Crown Prosecution Service, West Midlands: CACD 22 Mar 2007

La Torre v The Lord Advocate and Another: HCJ 8 Nov 2006

The Lord Advocate had conceded that devolution minutes were competent in proceedings under the 2003 Act. Judges: Lord Justice Clerk And Lord Macfadyen And Lord Nimmo Smith Citations: [2006] ScotHC HCJA – 81, 2008 JC 23 Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: Scotland Citing: See Also – La Torre v Her Majesty’s Advocate HCJ … Continue reading La Torre v The Lord Advocate and Another: HCJ 8 Nov 2006

AIT-Mouhoub v France: ECHR 28 Oct 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (as regards first complaint); Violation of Art. 6-1 (as regards second complaint); Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings Citations: 22924/93, [1998] ECHR 97 Links: Worldlii, Bailii Statutes: European Convention on Human … Continue reading AIT-Mouhoub v France: ECHR 28 Oct 1998

Perez De Rada Cavanilles v Spain: ECHR 28 Oct 1998

ECHR Inadmissibility, for being out of time, of reposicion application against court decision whereby a settlement agreement which the applicant had sought to enforce had been declared voidIn a dispute between the applicant and a neighbour concerning the latter’s view over the applicants property a settlement agreement was concluded between the parties. However, the time-limit … Continue reading Perez De Rada Cavanilles v Spain: ECHR 28 Oct 1998

Regina v Secretary of State for Home Department ex parte Launder: Admn 6 Aug 1996

The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. Citations: Times 29-Oct-1996, [1996] EWHC Admin 60 Statutes: Extradition Act 1989 12 Jurisdiction: England and Wales Citing: Cited – Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions HL 1991 The … Continue reading Regina v Secretary of State for Home Department ex parte Launder: Admn 6 Aug 1996

Connolly v Director of Public Prosecutions: Admn 15 Feb 2007

The defendant appealed against her conviction under the Act for having sent indecent or grossly offensive material through the post in the form of pictures of an aborted foetus sent to pharmacists. She denied that they were offensive, or that she wished to cause distress, and said she wished to educate the pharmacists as to … Continue reading Connolly v Director of Public Prosecutions: Admn 15 Feb 2007

Smith v KD Scott, Electoral Registration Officer: SCS 24 Jan 2007

The prisoner claimed that his right to vote had not been re-instated despite a year having passed since the European Court of Human Rights had found that the withdrawal of that right for prisoners was an infringement. Held: It was not possible to read down the provision of the 1983 Act, and a declaration of … Continue reading Smith v KD Scott, Electoral Registration Officer: SCS 24 Jan 2007

Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006

(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were provided on an assurance of confidentiality. Held: Disclosure rules are different in judicial review proceedings since such … Continue reading Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006

In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return. Held: The mother’s appeal succeeded. The Convention required an order to be made for the return of a child only where the parent … Continue reading In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

X and Y v Persons Unknown: QBD 8 Nov 2006

The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to obey it. Associated Newspapers had agreed to an undertaking, but then were served with … Continue reading X and Y v Persons Unknown: QBD 8 Nov 2006

Al Rawi and Others, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 12 Oct 2006

The claimants sought that the defendant should issue a request to the US authorities for their release from detention at Guantanamo Bay. Held: The courts would not be able to intervene by judicial review, and would be reluctant to intervene in the respondent’s conduct of foreign relations, but the claimants now asserted severe infringement of … Continue reading Al Rawi and Others, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 12 Oct 2006

Secretary of State for the Home Department v MB: CA 1 Aug 2006

The Secretary of State appealed a declaration that the restrictions imposed on the complainant under the 2005 Act were an infringement of his human rights, and a declaration of incompatibility as regards section 3. Held: The appeal succeeded. The availability of a judicial review of the orders made was sufficient to provide a protection. The … Continue reading Secretary of State for the Home Department v MB: CA 1 Aug 2006

O v Crown Court at Harrow: HL 26 Jul 2006

The claimant said that his continued detention after the custody time limits had expired was an infringement of his human rights. He faced continued detention having been refused bail because of his arrest on a grave charge, having a previous conviction for another grave offence. Held: The appeal was dismissed. Insofar as the the word … Continue reading O v Crown Court at Harrow: HL 26 Jul 2006

Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006

The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the professional conduct committee of the GMC. Held: There had been very poor administration of the … Continue reading Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006

Goatley v Her Majesty’s Advocate and Another: HCJ 12 Jul 2006

Judges: Lord Kingarth And Lord Mcewan And Lord Nimmo Smith Citations: [2006] ScotHC HCJAC – 55, 2007 SLT 14, 2008 JC 1, 2006 SCCR 463, 2006 GWD 33-690, [2006] HCJAC 55, [2007] Eu LR 42 Links: ScotC, Bailii Statutes: Extradition Act 2003 26(1) Jurisdiction: Scotland Citing: Appeal from – Goatley, Re European Arrest Warrant ScSf … Continue reading Goatley v Her Majesty’s Advocate and Another: HCJ 12 Jul 2006

Taylor v OCS Group Ltd: CA 31 May 2006

The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006

Regina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 6 Nov 2002

A British national had been captured in Afghanistan, and was being held without remedy by US forces. His family sought an order requiring the respondent to take greater steps to secure his release or provide other assistance. Held: Such an order would question the legitimacy of the actions of a foreign sovereign state, and to … Continue reading Regina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 6 Nov 2002

Desnousse v London Borough of Newham and others: CA 17 May 2006

The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006

Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006

The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006

Maurer v Austria: ECHR 17 Jan 2002

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedingsThe applicant alleged that criminal proceedings against him had been unreasonably protracted. In 1994 defamation proceedings had been begun against him. … Continue reading Maurer v Austria: ECHR 17 Jan 2002

Wilkinson v Kitzinger and Another: FD 12 Apr 2006

The petitioner intended to seek a declaration as to her marital status. She and the respondent had married in a civil ceremony in British Columbia in 2003. She sought a declaration of incompatibility with regard to section 11(3) of the 1973 Act so far as it failed to recognise same sex marriages. She now sought … Continue reading Wilkinson v Kitzinger and Another: FD 12 Apr 2006

Khan v Assets Recovery Agency: SCIT 23 Feb 2006

SCIT PROCEEDS OF CRIME – General Revenue function – Assessment to tax by Director – Whether Special Commissioners have the power to allow appeal on basis that qualifying conditions for exercise of Director’s Revenue functions are not satisfied – Yes – Whether article 6 ECHR applies to Director’s tax assessment – No – Whether retrospective … Continue reading Khan v Assets Recovery Agency: SCIT 23 Feb 2006

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 the expiry of the forty five days, the criminal proceedings were discontinued. … Continue reading Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006

Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health: Admn 17 Mar 2006

The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession. Held: At the disciplinary proceedings: ‘there were serious flaws at the hearing of 16 March which in my judgment rendered it unfair and … Continue reading Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health: Admn 17 Mar 2006

Van Colle v Hertfordshire Police: QBD 10 Mar 2006

The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond … Continue reading Van Colle v Hertfordshire Police: QBD 10 Mar 2006

Revenue and Customs v IDT Card Services Ireland Ltd: CA 27 Jan 2006

Under the Marleasing principle, or principle of conforming interpretation, the domestic court of a member state must interpret its national law so far as possible in the light of the wording and purpose of the Directive in question. However this duty is limited and runs ‘so far as is possible’; any reading down must ‘go … Continue reading Revenue and Customs v IDT Card Services Ireland Ltd: CA 27 Jan 2006

Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in ordering the search was the one later who decided on their complaint that it was unlawful. Held: … Continue reading Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

Forbes v Secretary of State for the Home Department: QBD 26 Jul 2005

The defendant argued that the 2003 Act was in breach of his article 8 rights. He had been registered as a sex offender, but the offence for which he had been convicted involved no proof of intention. Held: The claimant having brought the proceedings, his name was not to be withheld. The substantial point was … Continue reading Forbes v Secretary of State for the Home Department: QBD 26 Jul 2005

Selauk and Asker v Turkey: ECHR 24 Apr 1998

ECHR Judgment (Merits and just satisfaction) – Preliminary objection rejected; Violation of Art. 3; Not necessary to examine Art. 2; Not necessary to examine Art. 5-1; Violation of Art. 8; Violation of P1-1; Not necessary to examine Art. 6-1; Violation of Art. 13; No violation of Art. 14; No violation of Art. 18; Pecuniary damage … Continue reading Selauk and Asker v Turkey: ECHR 24 Apr 1998

Williams v The Secretary of State for the Home Office: CA 17 Apr 2002

The applicant was a post-tariff discretionary life prisoner, applying for a change in his security classification. He sought disclosure of his security report which was denied by the respondent. He alleged a breach of his human rights. Held: The punitive part of the sentence was complete. The earlier panel had advised his reclassification from security … Continue reading Williams v The Secretary of State for the Home Office: CA 17 Apr 2002

Plymouth City Council v HM Coroner for the County of Devon and Another: Admn 27 May 2005

The local authority in whose care the deceased child had been held challenged a decision by the coroner not to limit his inquiry to the last few days of the child’s life. The coroner had decided that he had an obligation to conduct a wider enquiry under the 1968 Act. Held: ‘The central question in … Continue reading Plymouth City Council v HM Coroner for the County of Devon and Another: Admn 27 May 2005

Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005

Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might be prescribed by a doctor, but this had been rejected. Held: The appeals failed. There was no over-arching principle … Continue reading Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005

The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely. Held: To grant an injunction without notice is to grant an exceptional remedy. As to hearsay evidence: ‘ the experience … Continue reading Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005

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

The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter had been settled the court was invited to pursue the decision. Held: The Act … Continue reading Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

Johnson, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 17 Jul 2014

The court was asked whether the Claimant’s proposed deportation to Jamaica, following his conviction and imprisonment for a very serious criminal offence, involves a violation of article 14 in conjunction with article 8 of the European Convention on Human Rights (‘ECHR’), contrary to the Human Rights Act 1998 (‘the Human Rights Act’). The discrimination is … Continue reading Johnson, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 17 Jul 2014

Al-Waheed v Ministry of Defence: SC 17 Jan 2017

‘These two appeals arise out of actions for damages brought against the United Kingdom government by detainees, alleging unlawful detention and maltreatment by British forces. They are two of several hundred actions in which similar claims are made. In both cases, the claim is based in part on article 5(1) of the European Convention on … Continue reading Al-Waheed v Ministry of Defence: SC 17 Jan 2017

Al-Saadoon and Others v Secretary of State for Defence: Admn 26 Jun 2015

Reasons for orders following a case management hearing to review whether there are steps which the court should now be taking to procure compliance by the Secretary of State for Defence with the duty of the UK under articles 2 and 3 of the European Convention on Human Rights (the ‘Convention’), incorporated into English law … Continue reading Al-Saadoon and Others v Secretary of State for Defence: Admn 26 Jun 2015

R(CS) 6/03: SSCS 5 Nov 2002

Maintenance assessment – whether ‘parent with care’ includes step-parent Human rights – application of Human Rights Act 1998 where Secretary of State’s decision before October 2000 and tribunal hearing afterwards Citations: [2002] UKSSCSC CCS – 1306 – 2001 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Regina v Kansal (2) HL 29-Nov-2001 The prosecutor … Continue reading R(CS) 6/03: SSCS 5 Nov 2002

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 strictly confined. The applicant’s condition was not one created by the respondent, … Continue reading N v the Secretary of State for the Home Department: CA 16 Oct 2003

In re G (a Child) (Interim Care order: Residential assessment): CA 27 Jan 2004

An elder child had died, and the local authority felt unable to exculpate either the father or the mother. On the birth of this child all three had been brought in for a residential assessment. First one then another extension was sought. The court found that this service had become therapeutic rather than for assessment, … Continue reading In re G (a Child) (Interim Care order: Residential assessment): CA 27 Jan 2004

Regina v Police Complaints Authority ex parte Green: HL 26 Feb 2004

Discovery was sought of statements created during the investigation of a complaint against a police officer. The claimant argued that a police officer had deliberately driven his car at him. Held: The investigation by a separate police force satisfied the high requirement for investigations of allegations against law enforcement officers, and was human rights compliant. … Continue reading Regina v Police Complaints Authority ex parte Green: HL 26 Feb 2004

Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003

EAT Practice and Procedure – Application. The application had been presented timeously at the ET in Edinburgh, but was out of time when retransmitted to Glasgow. The tribunal had found the Edinburgh office to be an area office, and not a regional office and therefore the application was not accepted within the Regulations. The appellant … Continue reading Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003

Menson v United Kingdom: ECHR 6 May 2003

There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No blame attached to state authorities for the killing and no breach of the state’s … Continue reading Menson v United Kingdom: ECHR 6 May 2003

Wainwright and another v Home Office: HL 16 Oct 2003

The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003

Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997

News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public generally, in freedom of reporting and openness in court hearings. Discrimination … Continue reading Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997

European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

Attorney-General v Momodou Jobe: PC 26 Mar 1984

(Gambia) A constitution, and in particular that part of it which protects and entrenches fundamental rights and freedoms to which all persons in the state are to be entitled, is to be given a generous and purposive construction. In the construction of statutory provisions which contravene human rights and freedoms there is a presumption of … Continue reading Attorney-General v Momodou Jobe: PC 26 Mar 1984

Lawal v Northern Spirit Ltd: EAT 6 Oct 1999

The applicant objected that one of the lay members of the Appeal Tribunal had, on other occasions, sat with a recorder who, as counsel, was appearing for a party in that appeal. Held: There was no real possibility of bias from this scenario. The tribunal had to be independent and impartial, but mere generalised allegations … Continue reading Lawal v Northern Spirit Ltd: EAT 6 Oct 1999

Gibson v Orr, the Chief Constable, Strathlclyde Police: SCS 26 Feb 1999

The pursuer and his passengers were injured when he drove off a bridge which had been damaged in a severe rainstorm. He claimed in negligence against the police, who had been informed of the collapse of the bridge, but had not erected any warning signs. As a result, a car fell into the river, killing … Continue reading Gibson v Orr, the Chief Constable, Strathlclyde Police: SCS 26 Feb 1999

H (A Healthcare Worker) v Associated Newspapers Limited: CA 27 Feb 2002

The applicant had been a health care worker, but was no longer working. He had come to be HIV positive, and an order was sought protecting his identity from disclosure in the press. He had evidence that the NHS guidelines on notification of patients of having been treated. He declined to provide details of his … Continue reading H (A Healthcare Worker) v Associated Newspapers Limited: CA 27 Feb 2002

Lee-Hirons v Secretary of State for Justice: SC 27 Jul 2016

The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed from refusal of a finding that his subsequent detention had been unlawful. Held: … Continue reading Lee-Hirons v Secretary of State for Justice: SC 27 Jul 2016

Podbielski v Poland: ECHR 30 Oct 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses – claim rejected Citations: [1998] ECHR 105, 27916/95 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 04 June 2022; Ref: scu.165687

Clooth v Belgium (Article 50): ECHR 5 Mar 1998

Hudoc Judgment (Just satisfaction) Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings; Costs and expenses award – domestic proceedings Citations: [1998] ECHR 15, 12718/87 Links: Bailii Jurisdiction: Human Rights Citing: Cited – Clooth v Belgium ECHR 12-Dec-1991 Hudoc Violation of Art. 5-3; Just satisfaction reserved . … Continue reading Clooth v Belgium (Article 50): ECHR 5 Mar 1998

The United Communist Party of Turkey And Others v Turkey: ECHR 30 Jan 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 11; Not necessary to examine Art. 9; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not necessary to examine Art. 18; Not necessary to examine P1-1; Not necessary to examine P1-3; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation … Continue reading The United Communist Party of Turkey And Others v Turkey: ECHR 30 Jan 1998

F E v France: ECHR 30 Oct 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (access to court); Violation of Art. 6-1 (length of proceedings); Non-pecuniary damage – financial award; Pecuniary damage – financial award Citations: [1998] ECHR 104, 38212/97 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 04 June 2022; Ref: scu.165685

Ahmed And Others v The United Kingdom: ECHR 2 Sep 1998

The restriction on local government officers and other against some political activities were not an infringement of their human rights and fell within the requirements for free expression and for free elections‘The Court recalls that in its above-mentioned Vogt judgment (pp. 25-26, – 52) it articulated as follows the basic principles laid down in its … Continue reading Ahmed And Others v The United Kingdom: ECHR 2 Sep 1998

LCB v The United Kingdom: ECHR 9 Jun 1998

The court had no jurisdiction to consider allegations not raised before the commission or predating a country’s accession to the convention. There was no breach in a failure to record an exposure to radiation in a test. Article 2 imposes substantive obligations not to take life without justification and to establish a framework of laws, … Continue reading LCB v The United Kingdom: ECHR 9 Jun 1998

Teixeira De Castro v Portugal: ECHR 9 Jun 1998

Mr De Castro had been the target of an unwarranted, unauthorised, unsupervised police operation in which undercover officers incited him to supply drugs. He challenged a conviction for trafficking in heroin, based mainly on statements of two police officers. Held: The necessary inference from the circumstances was that these officers had ‘exercised an influence such … Continue reading Teixeira De Castro v Portugal: ECHR 9 Jun 1998

Vasilescu v Romania: ECHR 22 May 1998

ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Violation of P1-1; Not necessary to examine Art. 8; Not necessary to examine Art. 13; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings Citations: [1998] … Continue reading Vasilescu v Romania: ECHR 22 May 1998

S R v Italy: ECHR 23 Apr 1998

ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings Citations: [1998] ECHR 34, 31648/96 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165617

Assenov and Others v Bulgaria: ECHR 28 Oct 1998

An allegation of violence by a police officer did require a thorough, impartial and careful investigation by a suitable and independent state authority: ‘The court considers that in these circumstances, where an individual raises an arguable claim that he has been seriously ill treated by the police or other such agents of the State unlawfully … Continue reading Assenov and Others v Bulgaria: ECHR 28 Oct 1998

Yasa v Turkey: ECHR 2 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); No violation of Art. 2; Violation of Art. 2 (effective investigation); Violation of Art. 13; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not necessary to examine Art. 18; Non-pecuniary damage – financial award; Costs and expenses … Continue reading Yasa v Turkey: ECHR 2 Sep 1998

Johnson v The United Kingdom: ECHR 24 Oct 1997

Mr Johnson awaited trial for crimes of violence. He was diagnosed mentally ill, and on conviction made subject to a hospital order, and restricted without limit of time. He made progress, but was not discharged or re-classified. At a fourth tribunal hearing in June 1989 the opinion was that he was no longer suffering from … Continue reading Johnson v The United Kingdom: ECHR 24 Oct 1997

Mentes and Others v Turkey: ECHR 28 Nov 1997

ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Not necessary to examine Art. 5; Not necessary to examine Art. 6; Violation of Art. 13; No violation of Art. 14; No violation of Art. 18; No violation of Art. 2; No violation of Art. 3; No violation of Art. 5; No violation of Art. … Continue reading Mentes and Others v Turkey: ECHR 28 Nov 1997

D v The United Kingdom: ECHR 2 May 1997

The applicant, an AIDS sufferer, resisted his removal to St Kitts where lack of medical treatment would hasten his death. Held: The deportation of a convicted person suffering from Aids to a country with less care facilities was inhuman or degrading treatment. ‘In its Vilvarajah and Others judgment and its Soering judgment the Court considered … Continue reading D v The United Kingdom: ECHR 2 May 1997

Guerra and Others v Italy: ECHR 19 Feb 1998

(Grand Chamber) The applicants lived about 1km from a chemical factory which produced fertilizers and other chemicals and was classified as ‘high risk’ in criteria set out by Presidential Decree. Held: Failure by a government to release to an affected population details of known pollution risks could amount to breach of their human rights: ‘The … Continue reading Guerra and Others v Italy: ECHR 19 Feb 1998

Norris v Ireland: ECHR 26 Oct 1988

A homosexual man complained that the criminalisation of homosexual conduct in Ireland violated his article 8 right to respect for his private life, although he accepted that the risk of being prosecuted was remote. Held: The court accepted that he was a victim. Even an administrative policy of not prosecuting for the offence in question … Continue reading Norris v Ireland: ECHR 26 Oct 1988

Gaskin v The United Kingdom: ECHR 7 Jul 1989

The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989

Mathieu Mohin and Clerfayt v Belgium: ECHR 2 Mar 1987

(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 … Continue reading Mathieu Mohin and Clerfayt v Belgium: ECHR 2 Mar 1987

Hoekstra and Others v Her Majesty’s Advocate High Court of Justiciary: PC 26 Oct 2000

The Privy Council has no standing to act as a general court of appeal on Scottish law. The jurisdiction given to it by the Act, was limited as prescribed by the Act to what are called devolution issues, issues related to the acts of devolution. Not all constitutional issues were indeed devolution issues.Save for devolution … Continue reading Hoekstra and Others v Her Majesty’s Advocate High Court of Justiciary: PC 26 Oct 2000

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: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

Director General of Fair Trading v Proprietary Association of Great Britain and Another: CA 26 Jul 2001

The appeal court had previously remitted a matter to the Restrictive Practices court, having found that the court might be biased. The parties having settled the main litigation, they sought the additional costs incurred by them in correcting what they said was the fault of the court. The Lord Chancellor responded that the parties were … Continue reading Director General of Fair Trading v Proprietary Association of Great Britain and Another: CA 26 Jul 2001