Search Results for: Human Rights Act 1988

Click the case name for better results:

Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986

The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which underlies the constitutional traditions common to the member states and which is laid down in articles 6 … Continue reading Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986

Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001

When a court considered ordering a restriction on reporting of a case until after it was concluded, it had a three stage test to apply. First, would the reporting create a not insubstantial risk of prejudice. If there was no such risk, an order could not be made. Second, would an order reduce or remove … Continue reading Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001

Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001

The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority. Held: Once the human rights issue was raised, the judge had an obligation to deal with it. He did not have an obligation to examine housing policy … Continue reading Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001

Director of Public Prosecutions v Wilson: QBD 21 Mar 2001

The use of an admission obtained under compulsion that a driver was the driver, at the time when a car was being driven so as to commit an offence, was not an infringement of the defendant’s human rights, and there was no requirement of a notice that the admission obtained might be used in evidence. … Continue reading Director of Public Prosecutions v Wilson: QBD 21 Mar 2001

Margaret Anderson Brown v Procurator Fiscal, Dunfermline: HCJ 4 Feb 2000

The power in the Road Traffic Act to force a registered keeper to say who was driving a car denies the driver a right to a fair trial by compelling a driver to give evidence against himself. A refusal to answer is itself a crime. The restriction on such powers must apply at the stage … Continue reading Margaret Anderson Brown v Procurator Fiscal, Dunfermline: HCJ 4 Feb 2000

Core Issues Trust v Transport for London: Admn 22 Mar 2013

The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013

Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

McDaid v United Kingdom: ECHR 1996

(Commission) Decision on admissibility. Residents of Derry applied alleging inter alia that there had been a breach of the procedural obligation under article 2 to hold a full investigation into the ‘Bloody Sunday’ killings in 1972. They alleged inadequacies in the Widgery Report, an investigation conducted by the RUC and the inquest that had been … Continue reading McDaid v United Kingdom: ECHR 1996

Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005

The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his rights to a fairtrial were not engaged. Held: The prisoner’s appeal was dismissed. … Continue reading Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005

Lion Laboratories Ltd v Evans: CA 1985

Lion Laboratories manufactured and marketed the Lion Intoximeter which was used by the police for measuring blood alcohol levels of motorists. Two ex-employees approached the Press with four documents taken from Lion. The documents indicated that the Lion Intoximeter had faults which could have resulted in a significant number of motorists being wrongly convicted. Lion … Continue reading Lion Laboratories Ltd v Evans: CA 1985

Regina v Radak; Regina v Adjei; Regina v Butler-Rees; Regina v Meghjee: CACD 7 Oct 1998

The court has a discretion to refuse to accept written evidence from a witness abroad who had refused to come here for fear of reprisals, and particularly so where the prosecution had failed to take advantage of procedures which would have allowed the defence to cross examine the witness. Citations: Times 07-Oct-1998 Statutes: European Convention … Continue reading Regina v Radak; Regina v Adjei; Regina v Butler-Rees; Regina v Meghjee: CACD 7 Oct 1998

Regina (G) v Secretary of State for the Home Department: CA 13 Apr 2005

The claimant had first sought asylum saying she was born in 1984. On being refused, she said she was born in 1988 and was only 15 years old, and that her removal and return to Somalia would breach the regulation, and interfere with her right to family life in that she would be separated from … Continue reading Regina (G) v Secretary of State for the Home Department: CA 13 Apr 2005

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

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 recommended by the English judges who had reviewed the sentence. He complained that … Continue reading McFetrich, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Jun 2003

Regina v Gokal, Abas Kassimali: CACD 1997

The defendant challenged admission of written statements saying that he would only be able to controvert the written statements if he gave evidence, and it was submitted that that would infringe his right to silence. Held: There was no reason to think that Article 6 rights would be infringed if sections 23 and 26 were … Continue reading Regina v Gokal, Abas Kassimali: CACD 1997

Austin and Saxby v Commissioner of the Police for the Metropolis: QBD 23 Mar 2005

Towards the end of a substantial May Day demonstration on the streets of London, police surrounded about 3,000 people in Oxford Circus and did not allow them to leave for seven hours. The claimant who was present, but not involved in any of the organisation sought damages. Held: Police have powers to act out of … Continue reading Austin and Saxby v Commissioner of the Police for the Metropolis: QBD 23 Mar 2005

Nuclear Tests Case (Australia v France): ICJ 20 Dec 1974

In its judgment in the case concerning Nuclear Tests (Australia v. France), the Court, by 9 votes to 6, has found that the claim of Australia no longer had any object and that the Court was therefore not called upon to give a decision thereon. In the reasoning of its Judgment, the Court adduces inter … Continue reading Nuclear Tests Case (Australia v France): ICJ 20 Dec 1974

Attorney General v Malta: 10 Dec 1991

The applcant challenged a provision which imposed criminal liability on a director of a body which had committed a criminal offence ‘unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence’. The Commission found the application to be manifestly ill-founded. … Continue reading Attorney General v Malta: 10 Dec 1991

Regina v Taylor (Paul Simon): CACD 23 Oct 2001

The laws against the misuse of cannabis did not infringe the defendant’s human rights to freedom of religion. The defendant asserted that his use of cannabis was in accordance with the exercise of his Rastafarian religion. In the light of international convention, it could be seen that the control of the use of marijuana could … Continue reading Regina v Taylor (Paul Simon): CACD 23 Oct 2001

National Association of Health Stores and Another, Regina (on the Application of) v Department of Health: CA 22 Feb 2005

Applications were made to strike down regulations governing the use of the herbal product kava-kava. Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing with the issue by use of a warning label fatal to the regulations. The Minister’s own personal … Continue reading National Association of Health Stores and Another, Regina (on the Application of) v Department of Health: CA 22 Feb 2005

Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007

The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007

In re D (A Child): SC 26 Sep 2019

D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, and whether his parents could give consent for it. Held: (LL Carnwath and Lloyd-Jones … Continue reading In re D (A Child): SC 26 Sep 2019

The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

Regina (HTV Ltd) v Bristol City Council: QBD 14 May 2004

The claimant sought disclosure by the respondent of their accounts, intending to use the material in a television program. Held: As ratepayers, they were entitled to the information. The respondent was not free to refuse it because it disapproved of the intended use. Judges: Elias J Citations: Times 09-Jun-2004, [2004] EWHC 1219 (Admin), [2004] 1 … Continue reading Regina (HTV Ltd) v Bristol City Council: QBD 14 May 2004

Regina v Inland Revenue Commissioners Ex Parte Banque Internationale a Luxembourg Sa: Admn 23 Jun 2000

The commissioners obtained court orders directing the applicant bank to disclose confidential information in their possession. The bank resisted on the ground that the demand breached their rights to confidentiality and to privacy. Although the orders did infringe the Bank’s article 8 rights, the notices were valid because the interference was justified under article 8(2). … Continue reading Regina v Inland Revenue Commissioners Ex Parte Banque Internationale a Luxembourg Sa: Admn 23 Jun 2000

Regina v Inland Revenue Commissioners Ex Parte Banque Internationale A Luxembourg Sa: QBD 27 Jul 2000

The commissioners obtained court orders directing the applicant bank to disclose confidential information in their possession. The bank resisted on the ground that the demand breached their rights to confidentiality and to privacy. Although the orders did infringe the Bank’s article 8 rights, the notices were valid because the interference was justified under article 8(2). … Continue reading Regina v Inland Revenue Commissioners Ex Parte Banque Internationale A Luxembourg Sa: QBD 27 Jul 2000

Hellewell v Chief Constable of Derbyshire: QBD 13 Jan 1995

The police were asked by shopkeepers concerned about shoplifting, for photographs of thieves so that the staff would recognise them. The police provided photographs including one of the claimant taken in custody. The traders were told only to show them to staff. Held: A duty of confidence could arise when the police photographed a suspect … Continue reading Hellewell v Chief Constable of Derbyshire: QBD 13 Jan 1995

Wilkinson, Regina (on the Application Of) v Inland Revenue: HL 5 May 2005

The claimant said that the widows’ bereavement tax allowance available to a wife surviving her husband should be available to a man also if it was not to be discriminatory. Held: Similar claims had been taken before the Human Rights Act to the ECHR, and been settled. The 1998 Act made it unlawful to act … Continue reading Wilkinson, Regina (on the Application Of) v Inland Revenue: HL 5 May 2005

Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975

Statute’s Mischief May be Inspected The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute. Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may look outside a statute in order to identify the ‘mischief’ Parliament was … Continue reading Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975

Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004

In 1995 the defendant was sentenced to twelve years for rapes committed in 1983. He complained that the consequences of the later sentence were adverse because of the 1991 Act. He would now serve three quarters of the sentence rather than two thirds. Held: Article 7.1 prohibits the imposition of a penalty which is heavier … Continue reading Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004

Lloyd v Bow Street Magistrates Court: Admn 8 Oct 2003

The defendant had been convicted and made subect to a confiscation order in 1996. A final order for enforcement was made in late 2002. The defendant said the delay in the enforcement proceedings was a breach of his right to a trial within a reasonable time. Held: The reasonable time guarantee afforded by Article 6.1 … Continue reading Lloyd v Bow Street Magistrates Court: Admn 8 Oct 2003

D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005

The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link. Held: The purpose of the section was to improve the quality of the evidence presented to a court. There was no absolute right for a defendant to be … Continue reading D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005

Grayson and Barnham v The United Kingdom: ECHR 23 Sep 2008

Each applicant had been subject to confiscation in criminal proceedings relating to drugs offences. They complained that the legislation had reversed the burden of proof. Held: ‘it was not incompatible with the notion of a fair hearing in criminal proceedings to place the onus on each applicant to give a credible account of his current … Continue reading Grayson and Barnham v The United Kingdom: ECHR 23 Sep 2008

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Attorney General’s Reference No. 3 of 1999: HL 14 Dec 2000

An horrific rape had taken place. The defendant was arrested on a separate matter, tried and acquitted. He was tried under a false ID. His DNA sample should have been destroyed but wasn’t. Had his identity been known, his DNA could have been kept because of other convictions. He was arrested for the rape after … Continue reading Attorney General’s Reference No. 3 of 1999: HL 14 Dec 2000

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 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

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc: ChD 25 Jul 2003

The claimants wanted to bring actions in respect of various matters under shareholders agreements in complex international joint ventures. Leave was given to serve English proceedings in Malta, and the claim form and particulars of claim were faxed and emailed and delivered by hand at the registered offices of the company and at the private … Continue reading BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc: ChD 25 Jul 2003

Roberts v Parole Board: HL 7 Jul 2005

Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005

C A Webber (Transport) Ltd v Railtrack plc: CA 15 Jul 2003

A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the 1978 Act. Such an implication did not … Continue reading C A Webber (Transport) Ltd v Railtrack plc: CA 15 Jul 2003

Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004

The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury. Held: The jury should indeed have been given opportunity to explain their verdict: ‘By … Continue reading Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004

AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005

The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005

Regina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same: HL 28 Feb 2002

The respondent company had asserted that the local authority had made a determination of the issue of whether electricity could be generated on a waste treatment site without further planning permission. The council said that without a formal planning application, no determination had been made. Held: The procedure of making a determination had important consequences. … Continue reading Regina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same: HL 28 Feb 2002

Howarth v Commissioner of Police of The Metropolis: QBD 3 Nov 2011

The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to be in possession of any materials for causing damage. The claimant said that the officer … Continue reading Howarth v Commissioner of Police of The Metropolis: QBD 3 Nov 2011

CTB v News Group Newspapers Ltd and Thomas (2): QBD 23 May 2011

The claimant had obtained a privacy injunction, but the name of the claimant had nevertheless been widey distributed on the Internet. The defendant newspaper now sought to vary the terms. The second defendant did not oppose the injunction. Additionally the claimant said that given that the defendant claimed to have clean hands in the matter, … Continue reading CTB v News Group Newspapers Ltd and Thomas (2): QBD 23 May 2011

CTB v News Group Newspapers Ltd and Another (1): QBD 16 May 2011

A leading footballer had obtained an injunction restraining the defendants from publishing his identity and allegations of sexual misconduct. The claimant said that she had demanded money not to go public. Held: It had not been suggested that there was any proper public interest in the proposed publication, and balancing the article 10 and 8 … Continue reading CTB v News Group Newspapers Ltd and Another (1): QBD 16 May 2011

Goodwin v NGN Ltd and VBN: QBD 9 Jun 2011

The claimant had obtained an injunction preventing publication of his name and that of his coworker with whom he had had an affair. After widespread publication of his name elsewhere, the defendant had secured the discharge of the order as regards the claimant, but now it additionally sought to identify the woman involved. Held: Tugendhat … Continue reading Goodwin v NGN Ltd and VBN: QBD 9 Jun 2011

Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008

The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and claimed in breach of confidence. Held: ‘The law [of confidence] now affords protection … Continue reading Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008

X, A Woman Formerly Known As Mary Bell v Stephen O’Brien, News Group Newspapers Ltd MGN Ltd: QBD 21 May 2003

An injunction effective against the world, was granted to restrain any act to identify the claimant in the media, including the Internet. She had been convicted of murder when a child, and had since had a child herself. An order had been granted protecting her and her child until the child was 18. She now … Continue reading X, A Woman Formerly Known As Mary Bell v Stephen O’Brien, News Group Newspapers Ltd MGN Ltd: QBD 21 May 2003

Gomes v Trinidad and Tobago: HL 29 Apr 2009

Each appellant challenged orders for their extradition, saying that the delay had been too prolonged, and that detention in Trinidad’s appalling jails would be an infringement of their human rights. Held: The House had to consider its own decision in Kakis which effectively excluded delay as a consideration save in exceptional circumstances. Delay caused by … Continue reading Gomes v Trinidad and Tobago: HL 29 Apr 2009

Miranda, Regina (on The Application of) v Secretary of State for The Home Department and Others: CA 19 Jan 2016

The claimant had been stopped at Heathrow by the defendant’s officers, and an encrypted data device had been taken from him using powers derived from the 2000 Act. The device was thought to contain material taken from the US NSA security service. He said that the use of such powers was excessive. Lord Dyson MR, … Continue reading Miranda, Regina (on The Application of) v Secretary of State for The Home Department and Others: CA 19 Jan 2016

Leakey v The National Trust for Places of Historic Interest or Natural Beauty: CA 31 Jul 1979

Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater. Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is natural or man-made (the ‘hazard’ being an unstable mound of earth which was present on … Continue reading Leakey v The National Trust for Places of Historic Interest or Natural Beauty: CA 31 Jul 1979

Appiah and Another v Bishop Douglas Roman Catholic High School: CA 26 Jan 2007

Black students of African origin, had been excluded from school after an incident. They appealed rejection of their claims for race discrimination and victimisation, saying that they had been at first excluded wrongfully. Held: ‘Consideration of motive is rarely an attractive or useful forensic exercise . . . In discrimination cases, the better course is … Continue reading Appiah and Another v Bishop Douglas Roman Catholic High School: CA 26 Jan 2007

O v The United Kingdom: ECHR 8 Jul 1987

Hudoc Violation of Art. 6-1; Just satisfaction reserved Hudoc Judgment (Just satisfaction) Costs and expenses – struck out of the list (friendly settlement); Non-pecuniary damage – financial award [1988] ECHR 10, [1987] ECHR 15, 9276/81 Worldlii, Worldlii, Bailii, Bailii Human Rights Cited by: Cited – Greenfield, Regina (on the Application of) v Secretary of State … Continue reading O v The United Kingdom: ECHR 8 Jul 1987

Chiragov And Others v Armenia: ECHR 16 Jun 2015

ECHR Grand Chamber – Article 1 Jurisdiction of states Jurisdiction of Armenia as regards Nagorno-Karabakh and the adjacent occupied territories Article 8 Article 8-1 Respect for family life Respect for home Respect for private life Denial of access to homes to Azerbaijani citizens displaced in the context of the Nagorno-Karabakh conflict: violation Article 13 Effective … Continue reading Chiragov And Others v Armenia: ECHR 16 Jun 2015

von Colson and Kamann v Land Nordrhein-Westfalen: ECJ 10 Apr 1984

LMA Art.177[Art.234] EC proceedings – Ms Van Colson had applied for a job with the prison service and Ms Harz had applied for a job with a private company Deutsche Tradex GmbH. Both had been rejected. The German court found that they had been rejected on grounds of sex and that the rejection had not … Continue reading von Colson and Kamann v Land Nordrhein-Westfalen: ECJ 10 Apr 1984

Sargsyan v Azerbaijan: ECHR 16 Jun 2015

ECHR Article 1 Jurisdiction of states Jurisdiction of Azerbaijan as regards a disputed area near Nagorno-Karabakh on the territory of Azerbaijan Article 8 Article 8-1 Respect for family life Respect for home Respect for private life Impossibility for an Armenian citizen displaced in the context of the Nagorno-Karabakh conflict to gain access to his home … Continue reading Sargsyan v Azerbaijan: ECHR 16 Jun 2015

Nolkenbockhoff v Germany: ECHR 25 Aug 1987

Hudoc Preliminary objection rejected (victim); No violation of Art. 6-2 10300/83, [1987] ECHR 21, (1991) 13 EHRR 360, (1988) 10 EHRR 163 Worldlii, Bailii Human Rights Cited by: Cited – Hallam, Regina (on The Application of) v Secretary of State for Justice SC 30-Jan-2019 These appeals concern the statutory provisions governing the eligibility for compensation … Continue reading Nolkenbockhoff v Germany: ECHR 25 Aug 1987

Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It was argued that the failure to make payment amounted to a denial of the right to the presumption of … Continue reading Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004

The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely serious failure to adhere to the rule of law with regard to the … Continue reading Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004

Allen (formerly Harris), Regina (on the Application of) v Secretary of State for Justice: CA 15 Jul 2008

The claimant appealed against refusal of a review of the defendant to allow her compensation after her conviction for manslaughter of her infant son was quashed. Held: The conviction had been based on flawed expert evidence. Article 6(2) had no application to section 133. Hughes LJ [2008] EWCA Civ 808, [2009] 1 Cr App R … Continue reading Allen (formerly Harris), Regina (on the Application of) v Secretary of State for Justice: CA 15 Jul 2008

Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. Held: The appeal of Adams was denied, but those of MacDermott and McCartney allowed (by majority). The … Continue reading Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Hallam and Another, Regina (on The Applications of) v The Secretary of State for Justice: CA 11 Apr 2016

The claimants had had their criminal convictions quashed, but had had claims for compensation rejected. They said that section 133(1ZA) of the 1988 Act (as amended) infringed their Human Rights by displacing the presumption of innocence. Held: The appeals failed. The Supreme Court had decided that the presumption of innocence had been displaced in such … Continue reading Hallam and Another, Regina (on The Applications of) v The Secretary of State for Justice: CA 11 Apr 2016

Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd: HL 16 May 2002

The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege. Held: Legal professional privilege is a fundamental part of ensuring human rights as a right of privacy, and is recognised in European law (A M and S Europe Ltd). A … Continue reading Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd: HL 16 May 2002

Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

Movement retsriction was not Liberty Deprivation The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law. Held: The appeal failed. … Continue reading Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

Allen v The United Kingdom [GC]: ECHR 12 Jul 2013

Article 6-2 Presumption of innocence Refusal of compensation following reversal of applicant’s conviction of criminal offence: no violation Facts – In September 2000 the applicant was convicted of the manslaughter of her baby son on the basis of medical evidence that the boy’s injuries were consistent with ‘shaken baby syndrome’ (also known as ‘non-accidental head … Continue reading Allen v The United Kingdom [GC]: ECHR 12 Jul 2013

O’Donnell v The United Kingdom: ECHR 7 Apr 2015

ECHR The applicant alleged that the trial judge allowed the jury to draw an adverse inference from his failure to testify and that the judge failed to direct the jury to consider whether there was a case to answer, both of which violated his Article 6 – 1 rights. 16667/10 – Chamber Judgment, [2015] ECHR … Continue reading O’Donnell v The United Kingdom: ECHR 7 Apr 2015

Regina v Jones (Anthony William): HL 20 Feb 2002

The defendant absconded, and did not appear for his trial despite several listings. The trial proceeded in his absence entirely. After arrest, he appealed, saying that he had not had a fair trial. Held: It was not suggested that he did not know of the need to appear at court, nor that the trial might … Continue reading Regina v Jones (Anthony William): HL 20 Feb 2002

Quietlynn Ltd v Plymouth City Council: QBD 1987

A company operated sex shops in Plymouth under transitional provisions which allowed them to do so until their application for a licence under the scheme introduced by the Act had been ‘determined.’ The local authority refused the application. The company was then prosecuted for trading without a licence. It sought to allege that the local … Continue reading Quietlynn Ltd v Plymouth City Council: QBD 1987

Aaron v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003

The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels’ fees. In the course of later disciplinary proceedings he was found to have misled the court as to the circumstances of a tribunal hearing when obtaining a stay. … Continue reading Aaron v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003

Al-Fayed and others v Commissioner of Police of the Metropolis and others: CA 25 Nov 2004

The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr Rowland had left a box in the safe security system under the appellants control. They variously … Continue reading Al-Fayed and others v Commissioner of Police of the Metropolis and others: CA 25 Nov 2004

Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

Findlay v The United Kingdom: ECHR 25 Feb 1997

The applicant complained that the members of a court-martial were appointed by the Convening Officer, who was closely linked to the prosecuting authorities. The members of the court-martial were subordinate in rank to the Convening Officer who had the power in prescribed circumstances to dissolve the court-martial either before or during the trial. The Strasbourg … Continue reading Findlay v The United Kingdom: ECHR 25 Feb 1997

Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002

Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002

Azienda Agricola Silverfunghi Sas v Italy: ECHR 24 Jun 2014

ECHR Article 6 Civil proceedings Article 6-1 Fair hearing Legislative interference in pending judicial proceedings through retroactive legislation: violation Article 1 of Protocol No. 1 Article 1 para. 2 of Protocol No. 1 Control of the use of property Legislative interference with property right through retroactive legislation aimed at decreasing public expenditure: no violation Facts … Continue reading Azienda Agricola Silverfunghi Sas v Italy: ECHR 24 Jun 2014

National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005

Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005

Westminster City Council v Porter and Another: ChD 30 Jul 2002

The claimant authority sought compensation from the respondents for acts committed whilst she had been a councillor. The auditor had certified that the respondents had caused losses amounting to 31 million pounds. Held: Summary judgement was granted. The certification procedure under the 1988 Act had left undisturbed the equitable right of a local authority to … Continue reading Westminster City Council v Porter and Another: ChD 30 Jul 2002

Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006

A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006

Assets Recovery Agency v Olupitan and Another: QBD 8 Feb 2007

The claimant was responsible for recovering money under the 2002 Act, and alleged that the first defendant had been engaged in a mortgage fraud. Held: To succeed in such a claim for recovery the Claimant must prove, ‘on a balance of probabilities’, that the matters alleged to constitute unlawful conduct occurred. The court had a … Continue reading Assets Recovery Agency v Olupitan and Another: QBD 8 Feb 2007

Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council: HL 21 Oct 1999

Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements. Held: A landlord’s duty to allow quiet enjoyment does not extend to a positive duty to require an improvement in the sound-proofing of a building, well beyond standards which … Continue reading Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council: HL 21 Oct 1999

Martin Corey, Re for Judicial Review: SC 4 Dec 2013

The appellant challenged his recall to prison from licence. He had been convicted in 1973 of the murder of two police officers. He had remained at liberty for 18 years, befire his licence was revoked on the basis of confidential iintelligence information. The recall was considered by a panel of commissioners and material was served, … Continue reading Martin Corey, Re for Judicial Review: SC 4 Dec 2013

Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006

Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006

Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003

The imposition of an extended period of licence in respect of offences committed before 1992 did not infringe the defendant’s human rights. The defendant had been convicted of offences from 1976 and 1982. The commencement date for the 1991 Act was 1 October 1992. Held: The true nature of the provision was preventive, to ensure … Continue reading Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003

Regina v D(R): Misc 16 Sep 2013

Crown Court at Blackfriars – the court was asked to what extent a witness wanting, from religious conviction, to hide her face with the niqaab form of Islamic dress should be allowed to do so, whilst giving evidence. Held: The court considered expert evidence as to Islamic belief and custom, and also the Equal Treatment … Continue reading Regina v D(R): Misc 16 Sep 2013

Arrow Nominees Inc and Another v Blackledge and Others: CA 22 Jun 2000

A petition had been lodged alleging unfair prejudice in the conduct of the company’s affairs. The defendants alleged that when applying for relief under section 459, the claimants had attempted to pervert the course of justice by producing forged or falsified documentation in discovery. The forgery was admitted. Held: If a party to litigation behaved … Continue reading Arrow Nominees Inc and Another v Blackledge and Others: CA 22 Jun 2000

ZH, Regina (on The Application of) v London Borough of Newham: CA 11 Jul 2013

The claimant had applied for housing as a homeless person and was found temporary accomodation pending the respondent’s decision. When eventually the decision went against the claimant, the claimant argued that the authority was obliged to recover the licensed accomodation through court proceedings. Held: The appeal failed. Moses, Kitchin, Floyd LJJ [2013] EWCA Civ 805, … Continue reading ZH, Regina (on The Application of) v London Borough of Newham: CA 11 Jul 2013

CN, Regina (on The Application of) v London Borough of Lewisham: CA 11 Jul 2013

The claimants had applied for housing as homeless. They were given accommodation pending the authority’s final decisions. Those decisions were thet the claimants were homeless intentionally. The authoity’s set out to recover possession. The claimants said that under the 1977 Act, the authority was obliged first to obtain a court order. Held: The request for … Continue reading CN, Regina (on The Application of) v London Borough of Lewisham: CA 11 Jul 2013