The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages.
Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private law cause of action, which may be for breach of statutory duty or at common law. The claimant sought to bring its claim within the 1998 Act, saying the convention requires a state to give rights to those within their jurisdiction, but the ambit of the Act had not been extended to South Georgia, and so no action arose. A licence to carry out an economic activity could amount to a possession within the meaning of Article 1PI.
Judges:
Collins J
Citations:
[2003] EWHC 1743 (Admin)
Links:
Statutes:
Convention on the Conservation of Antarctic Marine Living Resources, Human Rights Act 1998 7, European Convention on Human Rights
Jurisdiction:
England and Wales
Citing:
See also – Secretary of State for Foreign and Commonwealth Affairs v Quark Fishing Limited CA 30-Oct-2002
Order confirmed. ‘while for my part I have found nothing to demonstrate bad faith on the part of the Secretary of State, the history of this case has demonstrated to my mind that the approach taken to the public decisions that had to be made fell . .
Cited – Gillow v The United Kingdom ECHR 24-Nov-1986
The housing authority in Guernsey refused to allow the applicants to occupy the house they owned there.
Held: The house in question was the applicants’ home because, although they had been absent from Guernsey for many years, they had not . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Ahsan Ullah, Thi Lien Do v Special Adjudicator, Secretary of State for the Home Department CA 16-Dec-2002
The appellants challenged refusal of asylum, claiming that their return to countries which did not respect their religion, would infringe their right to freedom of religious expression. It was accepted that the applicants did not have a sufficient . .
Cited – Ocalan v Turkey ECHR 12-Mar-2003
The applicant had led Kurdish separatists training and leading a gang of armed terrorists. Warrants for his arrest had been taken out in Turkey. He had lived for many years in Syria but then sought political asylum in Greece, Russia and Italy, none . .
Cited – Regina v The Secretary of State for Foreign and Commonwealth Affairs, ex parte Indian Association of Alberta CA 1982
The court considered an application leave to request a judicial review seeking a declaration that treaty obligations entered into by the Crown to the Indian peoples of Canada were still owed by Her Majesty in right of Her government in the UK.
See Also – Quark Fishing Limited v Secretary of State for Foreign and Commonwealth Affairs 2001
The claimant had been granted licences to fish for Patagonian toothfish around South Georgia, but was refused one under the Order.
Held: The court quashed the Secretary of State’s decision. . .
Cited by:
Cited – Mohamed Moneim Al-Fayed for Judicial Review of A Decision of the Lord Advocate To Refuse To Instruct A Public Inquiry Into the Death of Emad Al-Fayed OHCS 12-Mar-2004
The claimant sought judicial review of the minister’s decision not to order a judicial public investigation of the death of his son in a car crash in Paris.
Held: The primary obligation to undertake an enquiry fell upon France. The obligation . .
Appeal from – Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for the Foreign and Commonwealth Affairs CA 29-Apr-2004
The claimant sought damages for having had its licence to catch Patagonian toothfish off South Georgia revoked, saying that it had infringed its property rights under the Convention.
Held: Though the Convention rights had been extended to . .
See Also – Quark Fishing Limited v Secretary of State for Foreign and Commonwealth Affairs 2001
The claimant had been granted licences to fish for Patagonian toothfish around South Georgia, but was refused one under the Order.
Held: The court quashed the Secretary of State’s decision. . .
At First Instance – 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 . .
Cited – Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health Admn 17-Mar-2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: . .
Lists of cited by and citing cases may be incomplete.
Licensing, Agriculture, Human Rights
Updated: 25 October 2022; Ref: scu.184846