Search Results for: Human Rights Act 1998 3

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Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013

The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in the United Kingdom as an illegal immigrant, another Albanian national named … Continue reading Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013

Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Airedale NHS Trust v Bland: HL 4 Feb 1993

Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993

Pratt and Morgan v The Attorney General for Jamaica and Another: PC 2 Nov 1993

(Jamaica) A five year delay in execution is excessive, and can itself amount to inhuman or degrading punishment. ‘There is an instinctive revulsion against the prospect of hanging a man after he has been held under sentence of death for many years. What gives rise to this instinctive revulsion? The answer can only be our … Continue reading Pratt and Morgan v The Attorney General for Jamaica and Another: PC 2 Nov 1993

Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005

The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege. Held: ‘It is an established principle of the law of libel in this country that a claimant, whether individual or corporate, does … Continue reading Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005

Rabone and Another v Pennine Care NHS Trust: QBD 23 Jul 2009

The claimant’s daughter had been a voluntary patient at a mental hospital. She committed suicide when on home leave from a secure ward. The claimant now said that the hospital had acted incompatibly with their daughter’s human rights, in releasing her when she needed care. Held: The claim failed. Since Melanie was a voluntary mental … Continue reading Rabone and Another v Pennine Care NHS Trust: QBD 23 Jul 2009

Salesi v Italy: ECHR 26 Feb 1993

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings Citations: [1993] ECHR 14, 13023/87, (1998) 26 EHRR 187 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – A, Regina (on the Application of) v London Borough … Continue reading Salesi v Italy: ECHR 26 Feb 1993

JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009

The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and family life. Held: The Secretary of State’s appeal against a declaration of incompatibility failed. The … Continue reading JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009

Aka v Turkey: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of P1-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses – claim rejected Citations: 19639/92, [1998] ECHR 86 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 28 July 2022; Ref: scu.165678

London and Quadrant Housing Trust v Weaver, Regina; Equality and Human Rights Commission intervening: CA 18 Jun 2009

The Trust appealed against a finding that in terminating an assured tenancy transferred to it from a local authority, it had acted as a hybrid public authority and was subject to controls under the 1998 Act. Held: (Rix LJ dissenting). The appeal failed. When dealing with social tenants, the trust exercised a public law function. … Continue reading London and Quadrant Housing Trust v Weaver, Regina; Equality and Human Rights Commission intervening: CA 18 Jun 2009

In Re Swaptronics Ltd: ChD 24 Jul 1998

A party who was in contempt of court should not be debarred from continuing to take a proper part in a court action unless that contempt was serious enough seriously to interfere with the fair conduct of the trial. ‘The courts need powers of punishment with which to enforce their orders. The ones they have … Continue reading In Re Swaptronics Ltd: ChD 24 Jul 1998

Regina v Director of Public Prosecutions ex parte Kebilene etc: Admn 30 Mar 1999

The applicants sought, by means of the Human Rights Act to challenge the way in which the decision had been made that they should be prosecuted under the 1989 Act, arguing that section 6(2) was inconsistent with the new Act. Held: The Act contravened the Convention insofar as it made evidential presumptions which were incompatible … Continue reading Regina v Director of Public Prosecutions ex parte Kebilene etc: Admn 30 Mar 1999

McLeod v The United Kingdom: ECHR 23 Sep 1998

A Police Officer assisting in recovery of items ordered to be returned in matrimonial proceedings acted in excess of his powers and trespassed in entering house where there was no immediate threat of breach of the peace, and no sight of disorder. An interference with private life by the police must be objectively justified under … Continue reading McLeod v The United Kingdom: ECHR 23 Sep 1998

In the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail: Admn 21 May 1997

Citations: [1997] EWHC Admin 490 Links: Bailii Statutes: Extradition Act 1989 Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Home Department ex parte Launder Admn 6-Aug-1996 The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. . . See Also – … Continue reading In the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail: Admn 21 May 1997

Petra v Romania: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Violation of Art. 25; Non-pecuniary damage – financial award Citations: [1998] ECHR 93, 27273/95 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 24 July 2022; Ref: scu.165665

Demir and Others v Turkey: ECHR 23 Sep 1998

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (non-exhaustion); Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses – claim rejected; Violation of Art. 5-3. Citations: 21380/93, [1998] ECHR 88, 21381/93 Links: Woldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 July 2022; … Continue reading Demir and Others v Turkey: ECHR 23 Sep 1998

Douglas etc v Hello! Ltd etc: ChD 11 Apr 2003

The claimants were to be married. They sold the rights to publish photographs of their wedding, but various of the defendants took and published unauthorised pictures. Held: The claimants had gone to lengths to ensure the commercial value of their celebration, and it could attract the protection given in law to confidential matters. What matters … Continue reading Douglas etc v Hello! Ltd etc: ChD 11 Apr 2003

X v United Kingdom: ECHR 19 Jan 1998

The complainant said that the system under which he had been declared unfit to be involved in the management of an insurance company was unfair. Citations: 28530/95, [1998] ECHR 117, (1998) 25 EHRR CD88, 25 EHRR CD88 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Wright and Others, … Continue reading X v United Kingdom: ECHR 19 Jan 1998

Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003

The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation. Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should … Continue reading Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003

Regina (Kehoe) v Secretary of State for Work and Pensions: QBD 16 May 2003

The applicant had been obliged under statute to have her claim for maintenance for her child pursued thorugh the Child Support Agency. She said that through the delay and otherwise, her claim had been lost. Held: The statute debarred the claimant pursuing her own remedies, and her human rights were therefore engaged. The inability to … Continue reading Regina (Kehoe) v Secretary of State for Work and Pensions: QBD 16 May 2003

Portington v Greece: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings. Citations: [1998] ECHR 94, 28523/95 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 21 July 2022; Ref: scu.165676

Lehideux And Isorni v France: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings Citations: [1998] ECHR 90, 24662/94 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – Callaghan v Independent News and Media Ltd QBNI 7-Jan-2009 callaghan_inmQBNI2009 The claimant was convicted in … Continue reading Lehideux And Isorni v France: ECHR 23 Sep 1998

Zeqaj v Government of Albania: Admn 20 Feb 2013

Appeal, under section 103 from the decision to send the matter to the Secretary of State for Home Affairs to consider extraditing Zeqaj to Albania to serve a sentence of 23 years in connection with murder and firearms offences. Judges: Gross LJ, Gloster DBE J Citations: [2013] EWHC 261 (Admin) Links: Bailii Statutes: Extradition Act … Continue reading Zeqaj v Government of Albania: Admn 20 Feb 2013

Secic v Croatia: ECHR 31 May 2007

The applicant had been attacked and beaten by skinheads shouting racial abuse. He complained that as a Roma, the police had failed through race discrimination properly to investigate his complaint. Held: The court repeated the statement that article 3 may give rise to a positive obligation to conduct an official investigation. The obligation on the … Continue reading Secic v Croatia: ECHR 31 May 2007

JS and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: QBD 5 Nov 2013

The claimants challenged the benefits cap introduced under the 2012 Act, saying that it was discriminatory, affecting more women than men. Mr Eadie QC submitted on behalf of the Secretary of State that, as ‘an international instrument with no binding effect in English law’, the Convention had no bearing on the case. Held: That suggestion … Continue reading JS and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: QBD 5 Nov 2013

SS (Nigeria) v Secretary of State for The Home Department: CA 22 May 2013

Laws LJ’s observed that for a claim under article 8 of the ECHR to prevail, it must be ‘a very strong claim indeed’ Judges: Laws, Black LJJ, Mann J Citations: [2013] EWCA Civ 550, [2013] WLR(D) 192, [2013] Imm AR 1106, [2014] 1 WLR 998 Links: Bailii, WLRD Statutes: Human Rights Act 1998 Jurisdiction: England … Continue reading SS (Nigeria) v Secretary of State for The Home Department: CA 22 May 2013

LCB v United Kingdom: ECHR 9 Jun 1998

The applicant’s father had been present on Christmas Island during British nuclear tests. She was diagnosed with leukaemia. She claimed the UK had been should have warned her parents of the risks associated with exposure to radiation and monitored her health. Held: The applicant had not proved that her father had actually been exposed to … Continue reading LCB v United Kingdom: ECHR 9 Jun 1998

Rodrigues Da Silva and Hoogkamer v The Netherlands: ECHR 31 Jan 2006

A Brazilian mother came to the Netherlands in 1994 and set up home with a Dutch national but not applying for a residence permit. In 1996 they had a daughter who became a Dutch national. In 1997 they split up and the daughter remained with her father. It was eventually confirmed by the Dutch courts … Continue reading Rodrigues Da Silva and Hoogkamer v The Netherlands: ECHR 31 Jan 2006

Steel and Others v The United Kingdom: ECHR 23 Sep 1998

The several applicants had been arrested in different circumstances and each charged with breach of the peace contrary to common law. Under the Magistrates’ Court Act 1980, the court can bind over a Defendant to keep the peace, if the Defendant consents, and impose a sentence of up to 6 months’ imprisonment if the Defendant … Continue reading Steel and Others v The United Kingdom: ECHR 23 Sep 1998

IA v France: ECHR 23 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; No violation of Art. 6-1; Pecuniary damage – claim rejected; Costs and expenses award – Convention proceedings Citations: [1998] ECHR 89, 28213/95 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 18 July 2022; Ref: scu.165661

Lambert and Others, Regina v: CACD 31 Jul 2000

The principal issue is as to the effect of the 1998 Act on statutory provisions, that provide a benefit to a defendant, who is being tried for a criminal offence, but require him to prove certain facts which the statute specifies before he can obtain that benefit. Judges: Lord Woolfe LCJ, Rougier, Bell JJ Citations: … Continue reading Lambert and Others, Regina v: CACD 31 Jul 2000

A Practitioner v Customs and Excise: VDT 12 Dec 2003

PROCEDURE – hearing in public or private – VAT Tribunals Rules 1986 r 24(1) – assessment to recover allegedly over-claimed input tax – VATA 1994 ss 25, 26, VAT Regs 1995, reg 29, Sixth Directive art 18 – Human Rights Convention arts 6 and 8 – appellant a sole practitioner solicitor – application for hearing … Continue reading A Practitioner v Customs and Excise: VDT 12 Dec 2003

Castillo Algar v Spain: ECHR 28 Oct 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings Citations: [1998] ECHR 99, 28194/95 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 13 … Continue reading Castillo Algar v Spain: ECHR 28 Oct 1998

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

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

Jameel and Another v The Wall Street Journal Europe Sprl: QBD 5 Dec 2003

The defendant sought an order dismissing the defamation claim brought against it, saying that the rule that a defamation claim might be brought without proof of damage to reputation could not survive the introduction of the 1998 Act. Judges: Eady J Citations: [2003] EWHC 2945 (QB), [2004] 2 All ER 92 Links: Bailii Statutes: Human … Continue reading Jameel and Another v The Wall Street Journal Europe Sprl: QBD 5 Dec 2003

KD v Chief Constable of Hampshire: QBD 23 Nov 2005

The claimant’s daughter had made a complaint of rape. She alleged that she was sexually harassed by the investigating police officer, and sought damages also from the defendant, his employer. The officer denied that anything improper or non-consensual had taken place. Held: The taking of the statements was a course of conduct and was plainly … Continue reading KD v Chief Constable of Hampshire: QBD 23 Nov 2005

Iraklar v Turkey: ECHR 28 Oct 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Not necessary to examine Art. 6-3-d; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient Citations: [1998] ECHR 100, 19601/92 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 12 July 2022; Ref: scu.165688

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

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

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

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

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The material was withheld in the interests of national security. Held: The failure to supply the defendants with … Continue reading Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

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

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

AIT-Mouhoub v France: ECHR 28 Oct 1998

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

Perez De Rada Cavanilles v Spain: ECHR 28 Oct 1998

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

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

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

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

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

Taylor v OCS Group Ltd: CA 31 May 2006

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

Khan v Assets Recovery Agency: SCIT 23 Feb 2006

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

Selauk and Asker v Turkey: ECHR 24 Apr 1998

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

E, Regina (on the Application of) v Bristol City Council: Admn 13 Jan 2005

The patient did not wish her nearest relative, namely her sister, to be involved with her case and there was evidence that she would be so distressed by the sister being consulted that it could harm her health. The sister likewise did not wish to become involved. Held: When an adult whose mental health is … Continue reading E, Regina (on the Application of) v Bristol City Council: Admn 13 Jan 2005

Moran v Director of Public Prosecutions: Admn 30 Jan 2002

The appellant had requested the magistrates to state a case as to why they had ruled against his submission that he had no case to answer. The established rule is that they do not have to give such reasons. He argued that the new Human Rights duties required such reasons to be given to allow … Continue reading Moran v Director of Public Prosecutions: Admn 30 Jan 2002

Hewitson v The United Kingdom: ECHR 27 May 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedingsThe applicant had been under investigation by the police. Whilst under arrest, his garage was fitted with a secret recording device, and the evidence gathered was later used against … Continue reading Hewitson v The United Kingdom: ECHR 27 May 2003

Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004

The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his. Held: The right to be referred to the parole board was a statutory right, which was not the same as an article 3 right to liberty and … Continue reading Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004

Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

Tower Hamlets Council (Decision Notice): ICO 11 Apr 2013

The complainant requested information about the London Borough of Tower Hamlet’s responsibility for ensuring the protection of rights under the Human Rights Act 1998 is afforded to those nominated for tenancies. The London Borough of Tower Hamlets (the ‘Council’) said that it did not hold any information that would answer the request. The Information Commissioner … Continue reading Tower Hamlets Council (Decision Notice): ICO 11 Apr 2013

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

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

N v the Secretary of State for the Home Department: CA 16 Oct 2003

The applicant entered the UK illegally. She was unwell and was given treatment. She resisted removal on the grounds that the treatment available to her would be of such a quality as to leave her life threatened. Held: D -v- UK should be strictly confined. The applicant’s condition was not one created by the respondent, … Continue reading N v the Secretary of State for the Home Department: CA 16 Oct 2003

Laws and others v The Society of Lloyd’s: CA 19 Dec 2003

The applicants sought to amend earlier pleadings to add a claim that their human rights had been infringed by the 1982 Act, which gave the respondents certain immunities. Held: The Human Rights Act 1998 was not retrospective. At the time when it should have been made, the amendment would have been doomed to failure by … Continue reading Laws and others v The Society of Lloyd’s: CA 19 Dec 2003

Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003

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

Regina (Crown Prosecution Service, Greater Manchester) v Bolton Justices: QBD 31 Oct 2003

The magistrates had been taking a deposition, and ordered police officers to be excluded from court. Held: The witness sought not to have to answer questions on the ground that he would be incriminated by his answers. Magistrates should not accept a claim for privilege without investigation. It was insufficient also to accept that this … Continue reading Regina (Crown Prosecution Service, Greater Manchester) v Bolton Justices: QBD 31 Oct 2003

Sterlite Industries (India) Ltd v Bhatia: EAT 27 Mar 2003

The respondent had been found to be unfairly dismissed. The appellants wished to appeal and sought disclosure of certain documents from the respondent’s solicitors. They now appealed against that refusal. Held: The appeal succeeded. The chairman had failed to give adequate reasons for the refusal, and indeed the order should have been made. The papers … Continue reading Sterlite Industries (India) Ltd v Bhatia: EAT 27 Mar 2003

Kenny, Regina (on the Application of) v Leeds Magistrates Court, Leeds City Council: Admn 5 Dec 2003

In cases involving children, Article 3 provides that the best interests of the child are a primary consideration, not the primary consideration. The court looked at the test for making an interim ASBO: ‘Consideration of whether it is just to make an order without notice is necessarily a balancing exercise. The court must balance the … Continue reading Kenny, Regina (on the Application of) v Leeds Magistrates Court, Leeds City Council: Admn 5 Dec 2003

Pilar Aida Rojas v Brian Berllaque: PC 10 Nov 2003

PC (Gibraltar) The system of selecting a criminal jury obliged men to be available for selection, but women could choose not to be on the role of jurors. The result was that jury lists and juries were almost entirely male. Held: (Majority) Since juries are chosen at random from jury lists, a non-discriminatory method of … Continue reading Pilar Aida Rojas v Brian Berllaque: PC 10 Nov 2003

Erskine, Regina (on the Application Of) v Lambeth and Another: Admn 14 Oct 2003

Citations: [2003] EWHC 2479 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004 Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the … Continue reading Erskine, Regina (on the Application Of) v Lambeth and Another: Admn 14 Oct 2003

Margaret Brennan v Bolt Burdon, London Borough of Islington, Leigh Day and Co: QBD 30 Oct 2003

The claimant had sought relief for the injury to her health suffered by condition of her flat. The legal advisers had settled the matter, thinking that the claim had not been timeously served. The defendant appealed an order that the compromise was voidable, being based upon a common mistake of law. Held: ‘Courts should be … Continue reading Margaret Brennan v Bolt Burdon, London Borough of Islington, Leigh Day and Co: QBD 30 Oct 2003

Regina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions: Admn 30 Oct 2003

The claimant council sought re-imbursement from the Secretary of the excess housing benefit payments it had made to claimants. The system expected the Council to have made referrals of high rents to rent officers. The respondent had decided that it had been a failure to make such referrals had led to the overpayments, and that … Continue reading Regina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions: Admn 30 Oct 2003

PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal: Admn 22 Oct 2003

The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention. Held: Such proceedings did engage the applicant’s right to a fair trial. The issue was whether a fair-minded and … Continue reading PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal: Admn 22 Oct 2003

Menson v United Kingdom: ECHR 6 May 2003

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

Wainwright and another v Home Office: HL 16 Oct 2003

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

Khan, Regina (on the Application of) v Secretary of State for Health: CA 10 Oct 2003

The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There remained unresolved suspicions of negligence having been covered up. They had been refused legal aid to … Continue reading Khan, Regina (on the Application of) v Secretary of State for Health: CA 10 Oct 2003

Karner v Austria: ECHR 24 Jul 2003

A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of unmarried different-sex partners and unmarried same-sex partners, and that that view is supported by recommendations and legislation of … Continue reading Karner v Austria: ECHR 24 Jul 2003

Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003

The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003

Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd: CA 21 Jul 2003

The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review. Held: The decisions of the Farmers Market were open to judicial review. The farmers markets were held on publicly owned land … Continue reading Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd: CA 21 Jul 2003

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

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

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

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

Regina on the Application of Wilkinson v The Commissioners of Inland Revenue: CA 18 Jun 2003

The claimant had not received the same tax allowance following his wife’s death as would have been received by a woman surviving her husband. That law had been declared incompatible with Human Rtights law as discriminatory, but the respondent refused to make good any claim which had not been originally pursued to the European Court, … Continue reading Regina on the Application of Wilkinson v The Commissioners of Inland Revenue: CA 18 Jun 2003

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

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

Williamson v Chief Constable of the West Midlands Police: CA 21 Feb 2003

The claimant had been arrested by an officer entering his house to investigate a breach of the peace, then held for two nights. The police believed that he posed no continuing threat, but believed he had to be brought before the magistrates before being released. Held: The fact that a breach of the peace had … Continue reading Williamson v Chief Constable of the West Midlands Police: CA 21 Feb 2003

Regina on the Application of Lester v The London Rent Assessment Committee: CA 12 Mar 2003

The court faced the question of, whether if a landlord serves a notice on an assured tenant under section 13(2) of the Act proposing an increase in rent, that will be the rent unless, before the beginning of the new period specified in the notice the tenant refers the notice to a rent assessment committee … Continue reading Regina on the Application of Lester v The London Rent Assessment Committee: CA 12 Mar 2003

Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003

PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence. Held: The legal adviser was not subject to the same system of appointments as the justices. However the system provided for a right of appeal (section 175) on questions … Continue reading Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003

Adams and Others v Lord Advocate: IHCS 31 Jul 2002

(Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights. Held: The Act was not infringing. Fox hunting as such was not a private activity protected by the Convention, and the interference with property rights was justified by the balancing interest of preventing cruelty … Continue reading Adams and Others v Lord Advocate: IHCS 31 Jul 2002

Regina (on the Application of Kanagasingham Kariharan and Kanagara) v Secretary of State for the Home Office: CA 30 Jul 2002

The applicants were subject to removal directions following the failures of their applications for asylum had failed. The decisions were made before the Human Rights Act came into effect, but the direction orders were made afterwards. They sought to challenge the directions on Human Rights grounds. Held: They had a right of appeal since the … Continue reading Regina (on the Application of Kanagasingham Kariharan and Kanagara) v Secretary of State for the Home Office: CA 30 Jul 2002

Mason, Wood, McClelland, Tierney v Regina: CACD 13 Feb 2002

The appellants appealed their convictions on two grounds. First the judge who had heard the case was an acquaintance of the chief constable of the investigating force, and second evidence had been admitted of tape recordings of non-privileged conversations between defendants whilst in the police station. The Chief Constable had authorised the covert operation, and … Continue reading Mason, Wood, McClelland, Tierney v Regina: CACD 13 Feb 2002

Lee-Hirons, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Jun 2013

This case raises, among other matters, an issue about whether reasons for a restricted patient’s recall to detention in a hospital have to be provided orally or in writing. Judges: Dingemans Citations: [2013] EWHC 1784 (Admin), [2015] 2 WLR 256, [2015] 1 QB 385 Links: Bailii Statutes: Mental Health Act 1983 42(3), Human Rights Act … Continue reading Lee-Hirons, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Jun 2013

Podbielski v Poland: ECHR 30 Oct 1998

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

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

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

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

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

Doustaly v France: ECHR 23 Apr 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings Citations: [1998] ECHR 32, 26256/95, [1998] ECHR 32 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165619

F E v France: ECHR 30 Oct 1998

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

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

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

LCB v The United Kingdom: ECHR 9 Jun 1998

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