The Court considered that entrusting the investigation into an allegation against the police to a special agency of the police dealing with disciplinary investigations was an ‘element that reinforces the independence of the inquiry, as the agent conducting it was, in principle, independent of those involved in the events’. Citations: 17060/03, [2007] ECHR 407 Links: … Continue reading Zelilof v Greece: ECHR 24 May 2007
The applicant was a soldier who had been court marshalled for misuse of travel warrants. He wished to use in his defence his recent epilepsy. There was some delay while medical reports were obtained, and subsequently when the new legal system was brought in and again for the issue of a new legal aid order. … Continue reading Stephen Jordan (No 2) v The United Kingdom: ECHR 10 Dec 2002
The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled development of land through the planning process and I accept that Section … Continue reading Regina v Warwickshire County Council Ex Parte Powergen Plc: QBD 9 Jan 1997
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
Hudoc Judgment (Preliminary objections) Government Citations: 26307/95, (2004) 38 EHRR 2, [2003] ECHR 233 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Tahsin Acar v Turkey ECHR 8-Apr-2004 Hudoc Judgment (Merits and just satisfaction) No violation of Art. 2 with regard to disappearance ; Violation of Art. … Continue reading Tashin Acar v Turkey: ECHR 6 May 2003
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
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
The defendant journalist had published confidential material obtained from the claimant’s secure hospital at Ashworth. The hospital now appealed against the refusal of an order for him to to disclose his source. Held: The appeal failed. Given that over 200 people may have been the source, the claimant’s argument based on the burden on fellow … Continue reading Mersey Care NHS Trust v Ackroyd: CA 21 Feb 2007
The court considered how to deal with the admission of a statement where the defendant contested its admissibility. Here the defendant said he had not been cautioned before the interview. Held: It was within the discretion of the judge to admit the interview ‘It is to be observed, as this court pointed out in Rex … Continue reading Regina v Bass: CCA 1953
Lord Denning said: ‘Assuming that he did fail to take into account a relevant consideration, the result is that, in point of legal theory, his consent was ‘void’. It was made without jurisdiction. It was a nullity. Just as if he had failed to observe the rules of natural justice. But, in point of practice, … Continue reading Lovelock v Minister of Transport: 1980
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this. Held: There existed a similar duty to hold an enhanced investigation as exists after a suicide, though: ‘The initial investigation should be prompt, … Continue reading JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department: HL 26 Nov 2008
No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963
(Grand Chamber) The police had shot someone suspected of stealing a scooter. The family complained that they had not been given full access to the documents seen by the enquiry into his death. Held: In order to be ‘effective’ as this expression is to be understood in the context of Article 2 of the Convention, … Continue reading Ramsahai and Others v The Netherlands: ECHR 10 Nov 2005
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel) ; Violation of Art. 2 with regard to deaths ; Violation of Art. 2 with regard to lack of effective investigation ; Not necessary to examine Art. 2 with regard to the general obligation to protect life ; No separate issue under Art. 13 ; … Continue reading Nachova and Others v Bulgaria: ECHR 6 Jul 2005
ECHR Article 2-1 Effective investigation Allegedly ineffective investigation into deaths of football supporters in the Hillsborough disaster in 1989: inadmissible Facts – In 1989 ninety-six football supporters were killed in a crush at a football stadium. Inquests into the deaths ended in 1991 after the coroner’s jury reached a majority verdict of accidental deaths in … Continue reading Harrison And Others v The United Kingdom (Dec): ECHR 25 Mar 2014
Identifying ‘maandatory’ and ‘regulatory’ The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused. Held: The House considered the consequences of a failure to comply with a procedural requirement, … Continue reading London and Clydeside Estates v Aberdeen District Council: HL 8 Nov 1979
Chief Constable has a Wide Discretion on Resources Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under community law. Held: Police do not have an absolute duty to prevent breaches … Continue reading Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited: HL 2 Apr 1998
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the AandE department. From there he escaped and jumped into and drowned in … Continue reading Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others: CA 30 Nov 2005
The defendants appealed against their convictions and sentence for violent disorder and assault during an uprising at Yarl’s Wood Detention centre. It was said that witnesses had been coached, other defence witnesses had been returned to their countries of origin, depriving the defendants of a fair trial, and jurors had complained to the judge about … Continue reading Regina v Momodou and Limani: CACD 2 Feb 2005
The claimant had object to a Control order made against him and against a decision that he be deported. He had been protected by an anonymity order, but the Court now considered whether it should be continued. Held: AP had already by the control order been made to live in a town where he had … Continue reading Secretary of State for The Home Department v AP (No. 2): SC 23 Jun 2010
No General ty of Care Owed by Police The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members of the public who might … Continue reading Hill v Chief Constable of West Yorkshire: HL 28 Apr 1987
The applicants sought judicial review of the decision of the Director not to prosecute anybody after the death of their brother in prison custody, and while under restraint by prison officers. The jury at a coroner’s inquest had returned a verdict of unlawful killing. A specialist senior caseworker in the CPS subsequently took a decision … Continue reading Regina v The Director of Public Prosecutions, Ex Parte Manning, Ex Parte Melbourne: QBD 17 May 2000
Proper Investigation of Deaths with Army or Police Claims were made as regards deaths of alleged terrorists in clashes with the UK armed forces and police. In some cases the investigations necessary to justify the taking of life had been inadequate. Statements made to the inquiry as to the circumstances of the deaths had not … Continue reading Jordan v United Kingdom; McKerr v United Kingdom; similar: ECHR 4 May 2001
The plaintiff challenged a compulsory purchase order as unlawful and made in bad faith and sought damages for trespass. Paragraph 16 provided that an order could not be challenged by legal proceedings, save in the circumstances identified in . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (victim); Preliminary objection dismissed (non-exhaustion); No violation of Art. 2; Violation of Art. 3; Violation of Art. 13; . .
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
The complainant has requested from Keele University (the ‘university’) the correspondence between Professor Clifford Stott and the Independent Police Complaints Council (‘IPCC’) in Hong Kong during a period of four months in 2019. The university refused to provide the requested information, citing sections 36, 41 and 22(A). During the Commissioner’s investigation the university disclosed some … Continue reading Keele University (Education): ICO 18 Sep 2020
The applicant had been assaulted by three individuals and coplained of the ineffectiveness of the police investigation. Held: Though the court acknowledged that no direct responsibility can attach to a member state under ECHR for the acts of private individuals: ‘even in the absence of any direct responsibility for the acts of a private individual … Continue reading Beganovic v Croatia: ECHR 25 Jun 2009
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971
When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles for which legal professional privilege was claimed, provided the officer had reasonable grounds for … Continue reading Regina v Chesterfield Justices and Others, Ex Parte Bramley: QBD 10 Nov 1999
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
Merits and Just Satisfaction – The court considered involved an injury inflicted by a non-state agent. Held: The court reiterated that ‘[t]he minimum standards of effectiveness laid down by the Court’s case law include the requirements that the investigation be independent, impartial and subject to public scrutiny, and that the competent authorities must act with … Continue reading Chernaya v Ukraine: ECHR 15 Dec 2016
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of little or no integrity and could not be regarded as honest . … Continue reading Spring v Guardian Assurance Plc and Others: HL 7 Jul 1994
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed. Held: The House unanimously dismissed the local authority’s appeal in that last case … Continue reading Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
Whether Statement defamatory at common law The claimant appealed against a striking out of her claim for defamation on finding that the words did not have the defamatory meaning complained of, namely that she was transgendered or transsexual. Held: The appeal failed.Sir Anthony Clarke MR said: ‘no reasonable reader of the words complained of could … Continue reading Jeynes v News Magazines Ltd and Another: CA 31 Jan 2008
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the Convention’. It would have been incumbent on the state to conduct a ‘thorough, impartial and … Continue reading McCann and Others v The United Kingdom: ECHR 6 Oct 1995
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
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. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of political expression. Held: Though the regulation was an interference in the claimant’s right of free expression, it was prescribed … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown Prosecution Service offered no evidence, and the charge was dismissed. He appealed against the … Continue reading Martin v Watson: HL 13 Jul 1995
hmlr_grantEAT10 EAT SEXUAL ORIENTATION DISCRIMINATION/TRANSEXUALISMHARASSMENT – ConductPRACTICE AND PROCEDURE – Appellate Jurisdiction /Reasons /Burns-BarkeAn Employment Tribunal accepted that 6 out of 12 complaints of discrimination, and 5 out of 12 of unlawful harassment, were made out. None of the acts complained of, save possibly one, was obviously and intrinsically discriminatory. Each finding relied on the … Continue reading HM Land Registry v Grant: EAT 15 Apr 2010
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The claimant, an MP, complained in defamation of the defendant’s description of his rejected expenses claim regarding an assistant’s charitable donation. The paper pleaded a Reynolds defence. The claimant said that when published the defendant knew that the article was untrue. The defendant sought summary judgment. Held: It was not possible to say there was … Continue reading Cook v Telegraph Media Group Ltd: QBD 29 Mar 2011
The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed. Held: The appeal was dismissed. The right to an inquiry was procedural and depended first on the … Continue reading Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008
The plaintiffs were actors playing Harold and Madge Bishop in the Australian soap series ‘Neighbours’. They sued on a tabloid newspaper article which showed their faces superimposed on the near-naked bodies of models apparently engaged in sexual intercourse, with a headline ‘Strewth! What’s Harold up to with our Madge?’. The body of the article made … Continue reading Charleston and Another v News Group Newspapers Ltd and Another: HL 31 Mar 1995
(Grand Chamber) The claimant said that police treatment during his interview had amounted to torture.
Held: The Salduz principles were not restricted to the failure to provide access to a lawyer during interview. There is no clear consensus . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
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