Search Results for: Human Rights Act 1998 3

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Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Devlin v The United Kingdom: ECHR 30 Oct 2001

National Security Certificates issued in Northern Ireland which had the effect of preventing his making a claim of discrimination, was disproportionate. The Act guaranteed person’s a right not to be discriminated for religious belief or political opinion in the job market. That is a civil right. The government argued that since the post applied for … Continue reading Devlin v The United Kingdom: ECHR 30 Oct 2001

Akdivar And Others v Turkey: ECHR 1 Apr 1998

Hudoc Judgment (Just satisfaction) Claim that an agreement has been reached rejected; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings Citations: 21893/93 Citing: See Also – Akdivar and Others v Turkey ECHR 16-Sep-1996 ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (abuse of process); Preliminary … Continue reading Akdivar And Others v Turkey: ECHR 1 Apr 1998

Sainsbury’s Supermarkets Ltd v Secretary of State for Environment Transport and the Regions and Another: QBD 3 May 2001

Two supermarkets sought permission to develop neighbouring sites. The council preferred one, and set put to make compulsory purchase orders from the other to allow it to proceed. The second was later granted permission, and objected to the CPO. It was not necessary to give greater respect to the need to avoid Compulsory Purchase, and … Continue reading Sainsbury’s Supermarkets Ltd v Secretary of State for Environment Transport and the Regions and Another: QBD 3 May 2001

Osman v The United Kingdom: ECHR 28 Oct 1998

Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998

Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

Stunt v Associated Newspapers Ltd: CA 30 Jul 2018

The claimant appealed against a stay of part of his proceedings relating to the 1998 Act. He questioned whether section 32(4) provided a proper balance of his human rights. Held: The court being in disagreement, the issue was referred to the CJEU. Judges: Sir Terence Etherton MR, Lord Justice McFarlane and Lady Justice Sharp Citations: … Continue reading Stunt v Associated Newspapers Ltd: CA 30 Jul 2018

Gilham v Ministry of Justice: EAT 31 Oct 2016

Jurisdictional Points: Worker, Employee or Neither – The Employment Judge made no error of law in concluding that District Judges are office-holders and do not also work under a contract of employment or for services. Judges: Simler DBE P J Citations: [2016] UKEAT 0087 – 16 – 3110, [2017] ICR 404, [2017] IRLR 23 Links: … Continue reading Gilham v Ministry of Justice: EAT 31 Oct 2016

The Department for Communities v Cox: CANI 3 Aug 2021

PIP Arrangements not Discriminatory The claimant suffered a life limiting condition, but not so that her death could be reasonably expected within six months. She complained that the resulting unavailability of PIP and UC without assessment was discriminatory as opposed to those who were predicted not so to survive, but did in fact do so. … Continue reading The Department for Communities v Cox: CANI 3 Aug 2021

Szrabjer and Clarke v United Kingdom: ECHR 17 Jun 1998

The applicants were denied the earnings-related element of their pensions while they were in prison, pursuant to s.113(1)(d) of the 1992 Act which I have set out. They claimed violations both of Article 1P, and of Article 14 read with Article 1P. The Commission declared the complaints inadmissible. It held (referring to Gaygusuz) that the … Continue reading Szrabjer and Clarke v United Kingdom: ECHR 17 Jun 1998

Regina (Director of Public Prosecutions) v Acton Youth Court: QBD 21 Jun 2001

It was not normally necessary for magistrates to excuse themselves from further involvement in a case after making preliminary rulings on a request for public immunity certificates. The purpose of that ex parte hearing was to ensure the protection of the defendant. Indeed knowing of that original application might allow the defendant greater protection. The … Continue reading Regina (Director of Public Prosecutions) v Acton Youth Court: QBD 21 Jun 2001

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

Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

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

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

Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005

The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005

Ajayi v Abu and Another (Labour Exploitation : Human Trafficking : Modern Slavery): QBD 31 Jul 2017

labour exploitation – human trafficking – modern slavery – domestic servitude – minimum wage – domestic worker – employee rights -Immigration and Nationality Directorate – terms and conditions – wage deductions – special hearing arrangements – civil procedure – National Minimum Wage Act 1998 – family worker exemption – UK Visa – ECHR Art. 6 … Continue reading Ajayi v Abu and Another (Labour Exploitation : Human Trafficking : Modern Slavery): QBD 31 Jul 2017

Mentes and Others v Turkey: ECHR 24 Jul 1998

Citations: [1998] ECHR 57 Links: Bailii Jurisdiction: Human Rights Citing: See Also – 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 . . Lists … Continue reading Mentes and Others v Turkey: ECHR 24 Jul 1998

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

Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003

The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult. Held: There were four hurdles for the applicants to cross. They must show that their children are children in need within the meaning of section 17(10). … Continue reading Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003

Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police: HL 30 Jul 2008

Police Obligations to Witnesses is Limited A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2. Held: The House was asked ‘If the police are alerted to a threat that D … Continue reading Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police: HL 30 Jul 2008

Petrovic v Austria: ECHR 27 Mar 1998

The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8. Held: The application was dismissed. the court noted that, as society moved towards a more equal sharing of responsibilities … Continue reading Petrovic v Austria: ECHR 27 Mar 1998

The National and Provincial Building Society, The Leeds Permanent Building Society And The Yorkshire Building Society v The United Kingdom: ECHR 23 Oct 1997

ECHR United Kingdom – applicants’ legal claims to restitution of monies paid under invalidated tax provisions extinguished under the effects of retrospective legislation (section 53 of Finance Act 1991 and section 64 of Finance (No. 2) Act 1992) Citations: 21449/93, 21319/93, [1997] ECHR 87, 21675/93, [1997] STC 1466, 69 TC 540, [1997] BTC 624, (1998) … Continue reading The National and Provincial Building Society, The Leeds Permanent Building Society And The Yorkshire Building Society v The United Kingdom: ECHR 23 Oct 1997

Gaunt v OFCOM and Liberty: QBD 13 Jul 2010

The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being foster parents, criticising the interviewee (author of the ban) as a Health Nazi, and otherwise insulting him. It … Continue reading Gaunt v OFCOM and Liberty: QBD 13 Jul 2010

OA and Others (Human Rights; ‘New Matter’; S120 : Nigeria): UTIAC 15 Jan 2019

Human rights appeals (1) In a human rights appeal under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002, a finding that a person (P) satisfies the requirements of a particular immigration rule, so as to be entitled to leave to remain, means that (provided Article 8 of the ECHR is engaged), the Secretary … Continue reading OA and Others (Human Rights; ‘New Matter’; S120 : Nigeria): UTIAC 15 Jan 2019

National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others: 9 Oct 1998

(South African Constitutional Court) Application was made to have declared constitutionally invalid laws against homosexuality. Sachs J held: ‘ There is no good reason why the concept of privacy should, as was suggested, be restricted simply to sealing off from State control what happens in the bedroom, with the doleful subtext that you may behave … Continue reading National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others: 9 Oct 1998

Pearce v Mayfield School: CA 31 Jul 2001

The claimant teacher was a lesbian. She complained that her school in failed to protect her against abuse from pupils for her lesbianism. She appealed against a decision that the acts of the pupils did not amount to discrimination, and that the school were no responsible for it. The 1998 Act had come into effect. … Continue reading Pearce v Mayfield School: CA 31 Jul 2001

Land v Land; In re Land, deceased: ChD 13 Jul 2006

The claimant had cared for his elderly mother who ‘shunned any type of ‘officialdom’ including doctors and home helps.’ However, the claimant so neglected her that she suffered severe bed sores which had become infected in consequence of her lying in her own excrement. The claimant had pleaded guilty to manslaughter. The court was asked … Continue reading Land v Land; In re Land, deceased: ChD 13 Jul 2006

Robinson (Formerly JR (Jamaica)) v Secretary of State for The Home Department: SC 13 Mar 2019

Statutory right of appeal against decisions by the Secretary of State for the Home Department to refuse protection claims and human rights claims under Part 5 of the 2002 Act. Where a person has already had a human rights claim refused and there is no pending appeal, do further submissions that rely on human rights … Continue reading Robinson (Formerly JR (Jamaica)) v Secretary of State for The Home Department: SC 13 Mar 2019

Pwr and Others v Director of Public Prosecutions: Admn 3 Apr 2020

Lord Justice Holroyde Mr Justice Swift [2020] EWHC 798 (Admin), [2020] Crim LR 731, [2020] WLR(D) 217, [2020] 2 Cr App R 11, [2020] 1 WLR 3623 Bailii, WLRD Terrorism Act 2000 13(1), European Convention on Human Rights, Human Rights Act 1998 England and Wales Cited by: Appeal from – Pwr v Director of Public … Continue reading Pwr and Others v Director of Public Prosecutions: Admn 3 Apr 2020

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

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

Fessal v Revenue and Customs (Income Tax/Corporation Tax : Human Rights): FTTTx 26 Apr 2016

FTTTx INCOME TAX – self-assessment – barrister – move from cash to true and fair basis – overpayment tax year between two underpayment tax years – tax paid twice on same profits – application of European Convention on Human Rights and Human Rights Act 1998 – held Section 29 of the Taxes Management Act 1970 … Continue reading Fessal v Revenue and Customs (Income Tax/Corporation Tax : Human Rights): FTTTx 26 Apr 2016

Cakabay v Secretary of State for Home Department: CA 30 Jun 1998

[1998] EWCA Civ 1116, [1999] Imm AR 176 Bailii England and Wales Cited by: Cited – BA (Nigeria) v Secretary of State for The Home Department and Others SC 26-Nov-2009 The court was asked whether the expression ‘an asylum claim, or a human rights claim’ in section 92(4)(a) of the 2002 Act includes any second … Continue reading Cakabay v Secretary of State for Home Department: CA 30 Jun 1998

Janowiec And Others v Russia: ECHR 21 Oct 2013

ECHR Grand Chamber – Article 3 Inhuman treatment Positive obligations Alleged failure adequately to account for fate of Polish prisoners executed by Soviet secret police at Katyn in 1940: no violation Article 35 Article 35-3 Ratione temporis Court’s temporal jurisdiction in respect of deaths that occurred 58 years before the Convention entered into force in … Continue reading Janowiec And Others v Russia: ECHR 21 Oct 2013

Wilkinson v Kitzinger and others: FD 31 Jul 2006

The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006

Bellinger v Bellinger: HL 10 Apr 2003

Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003

Lewis v Commissioner of Police of The Metropolis and Others (Rev 1): QBD 31 Mar 2011

The defendant sought a ruling on the meaning of the words but using section 69(4) of the 1981 Act. The claimant solicitor was acting in complaints as to the unlawful interception of celebrity voicemails by agents of the press. There had been debate as to how many phones had been hacked, and the findings by … Continue reading Lewis v Commissioner of Police of The Metropolis and Others (Rev 1): QBD 31 Mar 2011

Ali v Head and Governors of Lord Grey School: QBD 27 Jun 2003

The claimant had been expelled from school unlawfully, and now sought damages for the breach of his right to an education. Held: The claimant had received and had refused appropriate offers of alternate schools. The duty was imposed generally on the state, not on any particular school. If the unavailablity of education was the fault … Continue reading Ali v Head and Governors of Lord Grey School: QBD 27 Jun 2003

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

K v Central and North West London Mental Health NHS Trust and Another: QBD 30 May 2008

The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act. Held: The case should be allowed to go ahead. Though the common law tort of negligence is still … Continue reading K v Central and North West London Mental Health NHS Trust and Another: QBD 30 May 2008

Lorse and Others v The Netherlands: ECHR 4 Feb 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 with regard to the first applicant ; No violation of Art. 3 with regard to the other applicants ; No violation of Art. 8 ; No violation of Art. 13 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe … Continue reading Lorse and Others v The Netherlands: ECHR 4 Feb 2003

T, Regina (on The Application of) v Chief Constable of Greater Manchester and Others: CA 29 Jan 2013

Three claimants appealed against refusal of declarations that the response of the police to requests for Criminal Records Bureau enhanced checks, were a disproportionate interference in their right to private and family life, and in particular that the disclosure of old convictions infringed their human rights. Held: The appeals succeeded. The statutory system which required … Continue reading T, Regina (on The Application of) v Chief Constable of Greater Manchester and Others: CA 29 Jan 2013

Gallagher for Judicial Review (NI): SC 30 Jan 2019

Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a … Continue reading Gallagher for Judicial Review (NI): SC 30 Jan 2019

Kopp v Switzerland: ECHR 25 Mar 1998

WCHR Switzerland – monitoring of a law firm’s telephone lines on orders of the Federal Public Prosecutor (sections 66(1 bis) and 77 of the Federal Criminal Procedure Act – ‘the FCPA’)A lawyer’s home telephone was tapped in an investigation of whether his wife was disclosing confidential information from the Department of Justice where she worked … Continue reading Kopp v Switzerland: ECHR 25 Mar 1998

Janner, Regina (on The Application of) v The Crown Prosecution Service: Admn 13 Aug 2015

The claimant challenged the decision that he should face trial on charges of historic sexual abuse. He was now elderly and said to be unfit to attend court or instruct his lawyers, suffering Alzheimers. He sought interim relief against being required to attend court. Held: Article 8 was engaged, but not article 3: ‘Article 8 … Continue reading Janner, Regina (on The Application of) v The Crown Prosecution Service: Admn 13 Aug 2015

Re Z (A Child : Human Fertilisation and Embryology Act : Parental Order): FC 7 Sep 2015

The court was asked whether, in the light of the 1998 Act, section 54(1) of the 2008 Act should be read down so as to allow parental orders to be made in favour of just one person. Held: It could not. Sir James Munby P FD [2015] EWFC 73 Bailii Human Fertilisation and Embryology Act … Continue reading Re Z (A Child : Human Fertilisation and Embryology Act : Parental Order): FC 7 Sep 2015

Animal Defenders International v The United Kingdom: ECHR 22 Apr 2013

ECHR (Grand Chamber) Article 10-1 Freedom of expression Refusal of permission for non-governmental organisation to place television advert owing to statutory prohibition of political advertising: no violation Facts – The Communications Act 2003 prohibits political advertising in television or radio services, the aim being to maintain impartiality in the broadcast media and to prevent powerful … Continue reading Animal Defenders International v The United Kingdom: ECHR 22 Apr 2013

Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Sidabras and Others v Lithuania: ECHR 23 Jun 2015

ECHR Article 14 Discrimination Refusal to reinstate former KGB employee based on legislation previously found to be contrary to the Convention: violation Facts – The three applicants were former employees of the Lithuanian branch of the KGB. Following a law introduced in 1998 (the so-called ‘KGB Act’), providing that former KGB employees were banned from … Continue reading Sidabras and Others v Lithuania: ECHR 23 Jun 2015

Manchester City Council v Pinnock: SC 3 Nov 2010

The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010

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

Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment. Held: The appeals failed.Lord Mance summarised the reasons for his conclusions: ‘(A) Human Rights Act In respect … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

Regina (X) v Chief Constable of West Midlands Police: QBD 23 Jan 2004

The claimant, a social worker, had been accused of two offences of indecency with children, but the complainants had failed to identify him. The respondent later disclosed those allegations when called upon to provide an enhanced criminal record certificate. The claimant made complaint. Held: The Act gave the respondent a discretion, but did nothing to … Continue reading Regina (X) v Chief Constable of West Midlands Police: QBD 23 Jan 2004

Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

Modaresi, Regina (on The Application of) v Secretary of State for Health: SC 24 Jul 2013

The Court was asked: ‘As: (i) a public body with obligations in public law and (ii) a public authority under the Human Rights Act 1998 can the Secretary of State for Health ‘the S/S’ lawfully refuse to refer a patient’s case to the First-tier Mental Health Review Tribunal ‘MHRT’ under section 67(1) of the Mental … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health: SC 24 Jul 2013

Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001

A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act. Held: The prisoner had followed through his rights to petition the governor. Had he done so and failed, … Continue reading Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

AJA and Others v Commissioner of Police for The Metropolis and Others: CA 5 Nov 2013

The Court was asked whether the Investigatory Powers Tribunal had the power to investigate whether police officers acrting as undercover agents, and having sexual relations with those they were themselves investigating had infringed the human rights of those individuals. In each case the officer had deceived the people involved. Held: ‘ The phrase ‘personal or … Continue reading AJA and Others v Commissioner of Police for The Metropolis and Others: CA 5 Nov 2013

Allan v Revenue and Customs: UTTC 23 Jan 2015

Unapproved pension scheme – assessment raised on employee pursuant to s. 386 Income Tax (Earnings and Pensions) Act 2003 in respect of a contribution of assets by his employer – whether s.386 arguably to be construed as inapplicable by reason of rule of construction in s.3 Human Rights Act 1998, on basis that assessment would … Continue reading Allan v Revenue and Customs: UTTC 23 Jan 2015

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

Contrada v Italy: ECHR 24 Aug 1998

Judgment – Article 5-1(c): alleged unlawfulness of detention – ground declared inadmissible by Commission. Article 3: conditions of detention (solitary confinement in military prisons): although applicant had complained from outset that he had been detained for an unreasonable period (Article 5-3), complaint under Article 3 concerned actual conditions of detention, not its length. Court had … Continue reading Contrada v Italy: ECHR 24 Aug 1998

Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

Tinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom: ECHR 10 Jul 1998

Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be compatible with Article 6(1) if it does not pursue a legitimate aim and if there is not … Continue reading Tinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom: ECHR 10 Jul 1998

DSD and Another v The Commissioner of Police for The Metropolis: QBD 23 Jul 2014

The court had found the defendant liable for a breach of the claimants’ human rights in that its negligent investigations had led to further rapes and sexual assaults by an offender. The court now considered what damages might be payable. Green J [2014] EWHC 2493 (QB) Bailii Human Rights Act 1998 England and Wales Citing: … Continue reading DSD and Another v The Commissioner of Police for The Metropolis: QBD 23 Jul 2014

Loizidou v Turkey: ECHR 28 Jul 1998

Grand Chamber – Turkey – claims for just satisfaction in respect of Court’s finding, in principal judgment, of violation of Article 1 of Protocol No.1 to the Convention I. Entitlement to just satisfaction Court’s finding in principal judgment that denial of access to property in northern Cyprus was imputable to Turkey is res judicata – … Continue reading Loizidou v Turkey: ECHR 28 Jul 1998

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

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

Likvidejama P/S Selga And Others v Latvia (Dec): ECHR 1 Oct 2013

ECHR Article 1 of Protocol No. 1 Positive obligations Inability to recover frozen foreign-currency savings following the dissolution of the former USSR: inadmissible Facts – During Soviet rule in Latvia, the applicants – a company and a natural person – held foreign-currency savings in the Latvian section of Vneshekonombank, a State bank, which was dealing … Continue reading Likvidejama P/S Selga And Others v Latvia (Dec): ECHR 1 Oct 2013

Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 30 Oct 2013

The Secretary of State appealed against the decision in favour of Ms Reilly and Mr Wilson, that the 2011 Regulations, made under section 17A of the 1995 Act, did not comply with the requirements of that section, and (ii) a cross-appeal brought by Miss Reilly and Mr Wilson against the Court of Appeal’s rejection of … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 30 Oct 2013

BAA and Another, Regina (on The Application of) v Secretary of State for The Home Department (Dublin III: Judicial Review; SOS’s Duties): UTIAC 23 Jun 2020

(1) Article 17(2) of Regulation 604/2013 of the European Parliament and of the Council (‘Dublin III’) confers a discretion on a Member State to examine an application for international protection ‘in order to bring together any family relations, on humanitarian grounds, based on family or cultural considerations’. Although the discretion is wide, it is not … Continue reading BAA and Another, Regina (on The Application of) v Secretary of State for The Home Department (Dublin III: Judicial Review; SOS’s Duties): UTIAC 23 Jun 2020

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

Hatton and Others v The United Kingdom: ECHR 8 Jul 2003

More Night Flights No Infringement of Family Life The claimants complained that the respondent had acted to infringe their rights. They were residents living locally to Heathrow Airport. They claimed the respondent had increased the number of night flights, causing increased noise, but without allowing them an opportunity to challenge the increase. Held: The claimants … Continue reading Hatton and Others v The United Kingdom: ECHR 8 Jul 2003

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

Adesina and Others, Regina (on The Application of) v The Nursing and Midwifery Council: CA 9 Jul 2013

The court was asked as to the effect of a statutory provision stating that an appeal to the High Court from the Nursing and Midwifery Council ‘must be brought before the end’ of a specified period of 28 days. There was no express provision permitting the court to extend time. The issue was whether the … Continue reading Adesina and Others, Regina (on The Application of) v The Nursing and Midwifery Council: CA 9 Jul 2013

Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2): SC 3 Jul 2013

From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system. Held: The decision as to whether to impose an IPP senence and whether a prisoner was ready for release on … Continue reading Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2): SC 3 Jul 2013

Radu v Germany (Legal Summary): ECHR 16 May 2013

ECHR Article 5-1-aAfter convictionApplicant’s continued placement in psychiatric hospital after expiry of his prison term: no violationFacts – In 1995 the applicant was convicted of homicide and sentenced to eight and a half years’ imprisonment and placement in a psychiatric hospital on grounds of diminished responsibility. In making the order for the applicant’s placement, the … Continue reading Radu v Germany (Legal Summary): ECHR 16 May 2013

JR 38, Re Judicial Review: QBNI 21 Mar 2013

Application for judicial review of a decision by the PSNI to release to local newspapers for publication images of persons suspected of being involved in sectarian rioting and violent offending at an interface area at Fountain Street/Bishop Street Londonderry in May, June and July 2010. The applicant, a child who was born in July 1996, … Continue reading JR 38, Re Judicial Review: QBNI 21 Mar 2013

O’Neill v Her Majesty’s Advocate No 2: SC 13 Jun 2013

The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and questioned whether they had has an impartial judge, he having also conducted … Continue reading O’Neill v Her Majesty’s Advocate No 2: SC 13 Jun 2013

Bryant and Others, Regina (on The Application of) v The Commissioner of Police of The Metropolis: Admn 23 May 2011

Several claimants sought leave to bring judicial review of decisions taken by the defendant in the investigation of suggestions that their telephone answering systems had been intercepted by people working for the News of the World. They said that the police had failed to protect their article 8 rights. Held: Though the case law was … Continue reading Bryant and Others, Regina (on The Application of) v The Commissioner of Police of The Metropolis: Admn 23 May 2011

Derbyshire County Council v Times Newspapers Ltd and Others: HL 18 Feb 1993

Local Council may not Sue in Defamation Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which supported the decision to lay down the … Continue reading Derbyshire County Council v Times Newspapers Ltd and Others: HL 18 Feb 1993

Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003

The appellants challenged decisions of the VAT and Duties Tribunal after seizure of their goods, and in particular whether the cases had been criminal or civil cases and following Roth, whether the respondent’s policy had been lawful and proportionate. Held: The present procedure does not involve the criminal courts and the absence of any criminal … Continue reading Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003

Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993

The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities. Held: The High Court may look at how an accused person was brought within the jurisdiction when examining a question about that person’s detention. It is axiomatic ‘that … Continue reading Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993

ZXC v Bloomberg Lp: QBD 23 Feb 2017

Investigation of claimant was properly disclosed The claimant requested the removal of material naming him from the defendant’s website. Criminal investigations into a company with which he was associated were begun, but then concluded. In the interim, the article was published. The hearing had been in private and the claimant anonymised. Held: The weight to … Continue reading ZXC v Bloomberg Lp: QBD 23 Feb 2017

London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007

The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007

Mulosmani v Albania: ECHR 8 Oct 2013

ECHR Article 6 Presumption of innocence Public accusation of murder made by chairman of independent political party in immediate aftermath of shooting: inadmissible Facts – In September 1998 a Member of Parliament and his bodyguards were shot and fatally wounded as they came out of the Democratic Party headquarters in Tirana. Immediately afterwards, the Party … Continue reading Mulosmani v Albania: ECHR 8 Oct 2013

Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005

The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had been infringed in order to claim damages. Held: The appeal succeeded, and … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005

South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Commissioner’s Approach not in Breach In May 2010, a Mr Irvine made requests under the 2002 Act for information from South Lanarkshire Council. He wanted to know how many of their employees in a particular post were placed at 10 particular points on the Council’s pay scales. His underlying purpose was to find out whether … Continue reading South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Regina v London Borough of Hammersmith and Fulham And Others, ex parte Burkett and Another: HL 23 May 2002

The applicant sought judicial review of the respondent’s grant of planning permission for a development which would affect her. The authority objected that the application was made after three months after their decision, and so leave should not be granted, and also that her application for leave having been refused, there was no jurisdiction in … Continue reading Regina v London Borough of Hammersmith and Fulham And Others, ex parte Burkett and Another: HL 23 May 2002

Kearns and Others v The General Council of the Bar: CA 17 Mar 2003

The claimants had sought to recover from the General Council of the Bar damages for libel in a communication from the head of the Bar Council’s Professional Standards and Legal Services Department to all heads of chambers, their senior clerks and practice managers to the effect that the claimants were not solicitors and were thus … Continue reading Kearns and Others v The General Council of the Bar: CA 17 Mar 2003

Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

Kokkinakis v Greece: ECHR 25 May 1993

The defendant was convicted for proselytism contrary to Greek law. He claimed a breach of Article 9. Held: To say that Jehovah’s Witness were proselytising criminally was excessive. Punishment for proselytising was unlawful in the circumstances of this case: ‘Bearing witness in words and deeds is bound up with the existence of religious convictions’ and … Continue reading Kokkinakis v Greece: ECHR 25 May 1993