Search Results for: Human Rights Act 1998 8

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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

Attorney-General v Momodou Jobe: PC 26 Mar 1984

(Gambia) A constitution, and in particular that part of it which protects and entrenches fundamental rights and freedoms to which all persons in the state are to be entitled, is to be given a generous and purposive construction. In the construction of statutory provisions which contravene human rights and freedoms there is a presumption of … Continue reading Attorney-General v Momodou Jobe: PC 26 Mar 1984

Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002

(The High Court of Justiciary) The prosecution had accepted that the matter had been the subject of unreasonable delay, but wished to continue. The defendant sought a plea in bar, on the basis that continuing would infringe his rights. Held: Once it was accepted that the delay took the prosecution outside the defendant’s right to … Continue reading Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 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

Regina (Pretty) v Director of Public Prosecutions, and Another, Medical Ethics Alliance and Others, interveners: Admn 18 Oct 2001

The function of the Director’s office is statutory, and his powers are those laid down. He is not able to excuse possible criminal conduct in advance, and nor could he establish a policy of not applying certain statutory provisions. The Suicide Act could not be re-interpreted in the light of the Human Rights Act to … Continue reading Regina (Pretty) v Director of Public Prosecutions, and Another, Medical Ethics Alliance and Others, interveners: Admn 18 Oct 2001

Chapman v United Kingdom; similar: ECHR 18 Jan 2001

The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement notice were upheld by the inspector. Held: The needs of gypsies for … Continue reading Chapman v United Kingdom; similar: ECHR 18 Jan 2001

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

Gerrin v France: ECHR 29 Jul 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings Citations: [1998] ECHR 61, 25201/94 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 04 June 2022; Ref: scu.165650

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

Le Calvez v France: ECHR 29 Jul 1998

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: [1998] ECHR 62, 25554/94 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 04 June 2022; Ref: scu.165648

Teixeira De Castro v Portugal: ECHR 9 Jun 1998

Mr De Castro had been the target of an unwarranted, unauthorised, unsupervised police operation in which undercover officers incited him to supply drugs. He challenged a conviction for trafficking in heroin, based mainly on statements of two police officers. Held: The necessary inference from the circumstances was that these officers had ‘exercised an influence such … Continue reading Teixeira De Castro v Portugal: ECHR 9 Jun 1998

Vasilescu v Romania: ECHR 22 May 1998

ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Violation of P1-1; Not necessary to examine Art. 8; Not necessary to examine Art. 13; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings Citations: [1998] … Continue reading Vasilescu v Romania: ECHR 22 May 1998

S R v Italy: ECHR 23 Apr 1998

ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings Citations: [1998] ECHR 34, 31648/96 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165617

Fisanotti v Italy: ECHR 23 Apr 1998

ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings Citations: [1998] ECHR 33, 32305/96 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: scu.165618

Bernard v France: ECHR 23 Apr 1998

The presumption of innocence is one of the elements of the fair criminal trial required by article 6(1). Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); No violation of Art. 6-1; No violation of Art. 6-2 Citations: [1998] ECHR 31, 22885/93, (1998) 30 EHRR 808 Links: Worldlii, Bailii Cited by: Cited – Sheldrake v … Continue reading Bernard v France: ECHR 23 Apr 1998

Assenov and Others v Bulgaria: ECHR 28 Oct 1998

An allegation of violence by a police officer did require a thorough, impartial and careful investigation by a suitable and independent state authority: ‘The court considers that in these circumstances, where an individual raises an arguable claim that he has been seriously ill treated by the police or other such agents of the State unlawfully … Continue reading Assenov and Others v Bulgaria: ECHR 28 Oct 1998

Yasa v Turkey: ECHR 2 Sep 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); No violation of Art. 2; Violation of Art. 2 (effective investigation); Violation of Art. 13; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not necessary to examine Art. 18; Non-pecuniary damage – financial award; Costs and expenses … Continue reading Yasa v Turkey: ECHR 2 Sep 1998

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 violation of Art. 18; No violation of Art. 2; No violation of Art. 3; No violation of Art. 5; No violation of Art. … Continue reading Mentes and Others v Turkey: ECHR 28 Nov 1997

Guerra and Others v Italy: ECHR 19 Feb 1998

(Grand Chamber) The applicants lived about 1km from a chemical factory which produced fertilizers and other chemicals and was classified as ‘high risk’ in criteria set out by Presidential Decree. Held: Failure by a government to release to an affected population details of known pollution risks could amount to breach of their human rights: ‘The … Continue reading Guerra and Others v Italy: ECHR 19 Feb 1998

Norris v Ireland: ECHR 26 Oct 1988

A homosexual man complained that the criminalisation of homosexual conduct in Ireland violated his article 8 right to respect for his private life, although he accepted that the risk of being prosecuted was remote. Held: The court accepted that he was a victim. Even an administrative policy of not prosecuting for the offence in question … Continue reading Norris v Ireland: ECHR 26 Oct 1988

Gaskin v The United Kingdom: ECHR 7 Jul 1989

The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989

Mathieu Mohin and Clerfayt v Belgium: ECHR 2 Mar 1987

(Plenary Court) The court described and approved the way in which an ‘institutional’ right to vote had developed into ‘subjective rights of participation – the ‘right to vote’ and the ‘right to stand for election’.’ It described the ambit of Article 3: ‘In their internal legal orders the Contracting States make the rights to vote … Continue reading Mathieu Mohin and Clerfayt v Belgium: ECHR 2 Mar 1987

De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

Matadeen and others v M G C Pointu and others (Mauritius): PC 18 Feb 1998

It is a well recognised canon of construction that domestic legislation, including the Constitution, should if possible be construed so as to conform to international instruments to which the state is party. Lord Hoffmann said: ‘of course persons should be uniformly treated unless there is some valid reason to treat them differently . . The … Continue reading Matadeen and others v M G C Pointu and others (Mauritius): PC 18 Feb 1998

Newlon Housing Trust v Alsulaimen and Another: HL 29 Jul 1998

A tenancy which had been terminated by a notice given by one of the joint tenants had expired. It did not come to an end by any deed, and so was not capable of being set aside by a family court in the course of divorce proceedings. The possession proceedings issued by the landlord could … Continue reading Newlon Housing Trust v Alsulaimen and Another: HL 29 Jul 1998

Regina (on the application of H) v Mental Health Review Tribunal, North and East London Region: CA 28 Mar 2001

The section placed the burden upon a specially restricted patient to prove that he was not suffering from a mental disorder of a nature or degree requiring him to be detained, before the Tribunal could order his release. This shifting of the burden was in breach of his human rights not to be detained. It … Continue reading Regina (on the application of H) v Mental Health Review Tribunal, North and East London Region: CA 28 Mar 2001

Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000

When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European Court of Human Rights in such matters. Where the Home Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000

T, Regina (on The Application of) v Ministry of Justice: Admn 9 Oct 2018

The Claimant brought his application for judicial review, seeking a declaration under s.4(2) of the 1998 Act that s.2(1) of the 1961 Act, which maintained the previous position at common law and makes assisting suicide a criminal offence, is incompatible with the rights of the Claimant under Article 8 of the European Convention of Human … Continue reading T, Regina (on The Application of) v Ministry of Justice: Admn 9 Oct 2018

Conway v The Secretary of State for Justice: CA 18 Jan 2018

Application for leave to appeal from refusal of declaration of incompatibility of section 2(1) of the 1961 Act with the claimant’s Article 8 human rights. The case concerns the issue of the provision of assistance to a person with a terminal degenerative disease who wishes to commit suicide, so as to be able to exercise … Continue reading Conway v The Secretary of State for Justice: CA 18 Jan 2018

Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

Regina v Gloucestershire County Council ex parte Radar: Admn 1998

It is not sufficient for an authority to discharge its duty under the Act by writing letters to those affected or potentially affected and offering them reassessment. Carnwath J said: ‘In some areas of the law that might be an adequate response, where those affected can be assumed to be capable of looking after their … Continue reading Regina v Gloucestershire County Council ex parte Radar: Admn 1998

Thomas v News Group Newspapers Ltd: CA 18 Jul 2001

The publication of articles in a newspaper describing how a ‘black clerk’ had complained about the allegedly racist comments of two policemen was said to have caused the claimant to receive racist hate mail. Held: The court considered the type of conduct which had to be proved to bring the case within the statute. Publication … Continue reading Thomas v News Group Newspapers Ltd: CA 18 Jul 2001

Regina (Sim) v Parole Board: CA 18 Dec 2003

The prisoner had been sentenced to an extended term of five years imprisonment for indecent assault. He had been released, and then recalled for alleged breaches of his licence. The respondent appealed findings that such a recall was subject to article 5, and that his release would be mandatory under s44A(b) if his continued detention … Continue reading Regina (Sim) v Parole Board: CA 18 Dec 2003

Cameron and others v Network Rail Infrastructure Ltd: QBD 18 May 2006

The claimant sought damages from the defendant after the death of her father in the Potters Bar rail crash. The defendant applied for summary judgment saying that English law did not recognise a claim by a family member of a deceased save through the claim of the estate itself. The claimant said that this would … Continue reading Cameron and others v Network Rail Infrastructure Ltd: QBD 18 May 2006

Regina v Secretary of State for the Home Department ex parte Launder: QBD 18 Mar 1998

Speciality protection requirement satisfied by undertaking for re-surrender given by Hong Kong Chief Executive, despite excess time on bail. For the purposes of a challenge to extradition under domestic law, an applicant for habeas corpus is to be treated as effectively in custody. Judges: Simon Brown LJ, Mance J Citations: Gazette 18-Mar-1998, [1998] EWHC Admin … Continue reading Regina v Secretary of State for the Home Department ex parte Launder: QBD 18 Mar 1998

Morgans v Director of Public Prosecutions: HL 18 Feb 2000

Without a warrant, the police had arranged for a call logger to retain details of the calls made, including the number called, time and duration. The dialing itself was a communication, which established a connection, through which further communication took place. Held: Intercepts of telephone calls, including call logs, are inadmissible unless they have been … Continue reading Morgans v Director of Public Prosecutions: HL 18 Feb 2000

In re A (permission to remove child from jurisdiction: human rights): CA 2000

The mother had been given leave by the Recorder to remove a ten month old girl permanently from the jurisdiction to the United States in circumstances where the mother`s job prospects were better in New York than in England. The father, (in person) raised the question of a breach of his right under Article 8(1). … Continue reading In re A (permission to remove child from jurisdiction: human rights): CA 2000

Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005

The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005

Salgueiro da Silva Mouta v Portugal: ECHR 1 Dec 1998

A homosexual claimed that an award of custody of his daughter to her mother was an unjustified interference with his right to respect for family life, and also with his right to respect for his private life since he was required in respect of his right of access to his daughter to conceal from her … Continue reading Salgueiro da Silva Mouta v Portugal: ECHR 1 Dec 1998

Prosecutor v Furundzija: ICT 10 Dec 1998

The status of the prohibition on State torture as a rule of jus cogens has the consequence that at the inter-State level, any legislative, administrative or judicial act authorising torture is illegitimate. Furthermore, the prohibition on State torture imposes obligations owed by States erga omnes, to all other States which have a corresponding right and … Continue reading Prosecutor v Furundzija: ICT 10 Dec 1998

Sheffield and Horsham v The United Kingdom: ECHR 30 Jul 1998

It is within a nation’s margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was critical of the United Kingdom’s apparent failure to take any steps to keep this area … Continue reading Sheffield and Horsham v The United Kingdom: ECHR 30 Jul 1998

Regina v Secretary of State for Home Department ex parte Turgut: CA 27 Oct 1998

The claimant appealed refusal of special leave to remain here after refusal of his application for asylum. Held: In view of the new material before the court it was not unarguable that the Secretary of State had not properly considered the material before him. Leave was given on that point only, and the case adjourned … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 27 Oct 1998

Regina v Secretary of State for Home Department ex parte Abdullah Turgut: Admn 22 May 1998

The appellant sought exceptional leave to remain, having been refused asylum. Held: The issue concerned a Turkish citizen seeking asylum because he feared persecution if he was returned to Turkey, in being a Kurdish draft evader likely to be imprisoned and so subject to torture. ‘The authorities and Courts will view such claims with great … Continue reading Regina v Secretary of State for Home Department ex parte Abdullah Turgut: Admn 22 May 1998

City of London v Samede and Others: QBD 18 Jan 2012

The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012

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

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

In re V (a Child) (Care: pre-birth actions): CA 12 Oct 2004

Immediately after a child was born, the social worker began proceedings for it to be taken into care. The judge severely criticised the actions of the social worker before the birth. The local authority now appealed against an order at the conclusion of care proceedings that they should pay each parent damages in the sum … Continue reading In re V (a Child) (Care: pre-birth actions): CA 12 Oct 2004

Shansal v Al-Kishtaini: CA 8 Mar 2001

The restrictions imposed on trading with residents of Iraq continued to apply even if the person involved left Iraq. A simple change of address could not be allowed to be used to circumvent important international provisions. Provisions existed for assessing such residence. Even so, surprising effects might follow. In this case, the former resident would … Continue reading Shansal v Al-Kishtaini: CA 8 Mar 2001

Health and Safety Executive (Decision Notice): ICO 21 Jul 2008

The complainant asked the Health and Safety Executive (HSE) to tell him the names of those who had died as a result of incidents in the workplace which were reported to it. HSE refused, citing the section 44 exemption under the Act. HSE referred to: the Health and Safety at Work Act 1974; the Reporting … Continue reading Health and Safety Executive (Decision Notice): ICO 21 Jul 2008

Regina (A) v Director of Establishments of the Security Service: CA 18 Feb 2009

The director appealed against a finding that the court did have jurisdiction to determine whether its order preventing a restriction on publication of a book by a former member of the security services had infringed his right of free speech. The director contended that exclusive jurisdiction over such matters had been given to the Security … Continue reading Regina (A) v Director of Establishments of the Security Service: CA 18 Feb 2009

Stefan v United Kingdom: ECHR 1998

Citations: (1998) 25 EHRR CD130, X Jurisdiction: Human Rights Cited by: Cited – Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009 The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but … Continue reading Stefan v United Kingdom: ECHR 1998

Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

Practice Guidance (Interim Non-disclosure Orders): 1 Jul 2011

The Court gave guidance setting out recommended practice regarding any application for interim injunctive relief in civil proceedings to restrain the publication of information (referred to as an interim non-disclosure order). In particular guidance was provided as to ‘the proper approach to the general principle of open justice in respect of such applications’. Applications which … Continue reading Practice Guidance (Interim Non-disclosure Orders): 1 Jul 2011

Terence Charles Palmer v Beaulane Properties Limited (Adverse Possession): LRA 26 Jun 2008

LRA Land Registration Act 1925, s 75 – Human Rights Act 1998, ss. 2,3 – Limitation Act 1980, s 17 – Article I, First Protocol, Convention for the Protection of Human Rights and Fundamental Freedoms – Adjudicator to HM Land Registry (Practice and Procedure Rules) 2003, r11 – stare decisis Citations: [2008] EWLandRA 2004 – … Continue reading Terence Charles Palmer v Beaulane Properties Limited (Adverse Possession): LRA 26 Jun 2008

Caledonian Railway Co v Walker’s Trustees: 1882

The court considered the extent of the duty to compensate for disturbance of a business when land was compulsorily purchased. Lord Selborne LC said: ‘The obstruction by the execution of the work, of a man’s direct access to his house or land, whether such access be by a public road or by private way, is … Continue reading Caledonian Railway Co v Walker’s Trustees: 1882

Khatun v United Kingdom: ECHR 1 Jul 1998

(Admissibility) The violation of the right to respect for their homes and family and private lives which was alleged by the applicants, arose because of the pollution of the area by dust caused by building works in the Docklands area. A distinction had been made between those applicants with a proprietary interest in the land … Continue reading Khatun v United Kingdom: ECHR 1 Jul 1998

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

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

Loizidou v Turkey (Merits): ECHR 18 Dec 1996

The court was asked whether Turkey was answerable under the Convention for its acts in Northern Cyprus. Held: It was unnecessary to determine whether Turkey actually exercised detailed control over the policies and actions of the authorities of the TRNC. It was obvious from the fact that more than 30,000 Turkish military personnel were engaged … Continue reading Loizidou v Turkey (Merits): ECHR 18 Dec 1996

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

Sherratt v Chief Constable of Greater Manchester Police: QBD 16 Jul 2018

The defendant appealed from a finding that his force had owed the deceased a duty of care. She had taken her own life. Earlier her mother had made a 999 call from concern about her daughter, and said that the defendant had not responded despite promising to do so. Held: The appeal was dismissed Judges: … Continue reading Sherratt v Chief Constable of Greater Manchester Police: QBD 16 Jul 2018

JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department: HL 26 Nov 2008

The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this. Held: There existed a similar duty to hold an enhanced investigation as exists after a suicide, though: ‘The initial investigation should be prompt, … Continue reading JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department: HL 26 Nov 2008

Mitchell and Another v Glasgow City Council: HL 18 Feb 2009

(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and should have removed the neighbour, or warned them when their attempts to remove … Continue reading Mitchell and Another v Glasgow City Council: HL 18 Feb 2009

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

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

BA (Deprivation of Citizenship: Appeals) Ghana: UTIAC 24 Jan 2018

(1) In an appeal under section 40A of the British Nationality Act 1981, the Tribunal must first establish whether the relevant condition precedent in section 40(2) or (3) exists for the exercise of the Secretary of State’s discretion to deprive a person (P) of British citizenship. (2) In a section 40(2) case, the fact that … Continue reading BA (Deprivation of Citizenship: Appeals) Ghana: UTIAC 24 Jan 2018

Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital: HL 21 Feb 1985

Explanation of Medical Risks essential The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised. Held: The appeal failed. A mentally competent patient has an absolute right to refuse to consent to medical treatment for any reason, rational or … Continue reading Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital: HL 21 Feb 1985

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

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

In re AB (A Child : Deprivation of Liberty): FD 28 Jul 2015

The court was asked who, as between the parents and the local authority, could consent to an order depriving a child in residential care, of his liberty. Held: A local authority with parental responsibility by virtue of a care order or interim care order, or with any other statutory responsibilities for a child, cannot supply … Continue reading In re AB (A Child : Deprivation of Liberty): FD 28 Jul 2015

Rothenthurm Commune v Switzerland: ECHR 14 Dec 1988

Local government organisations such as the applicant commune exercising public functions are ‘governmental organisations’ as opposed to ‘non-governmental organisations’ within the meaning of article 25 of the Convention, with the result that the commune which was complaining that proceedings for the expropriation of land for a military training area were in breach of their rights … Continue reading Rothenthurm Commune v Switzerland: ECHR 14 Dec 1988

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 v Greater Belfast Coroner, ex parte Northern Ireland Human Rights Commission: CANI 11 May 2001

The Commission was a creation of statute, and had not been given power to intervene in judicial proceedings. The coroner was investigating deaths at Omagh from a terrorist bombing, and the Commission sought to intervene. The Act should not be read restrictively, but nor could provisions be read into it which did not exist at … Continue reading Regina v Greater Belfast Coroner, ex parte Northern Ireland Human Rights Commission: CANI 11 May 2001

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

In Re F (Minors) (Care Proceedings): Contact): FD 22 Jun 2000

The powers given to local authorities over children in care and the arrangements for contact are compliant with the human rights act. The balancing act between the child’s best interests and those of the mother had been correctly applied. Citations: Times 22-Jun-2000 Statutes: Human Rights Act 1998 Children, Local Government, Human Rights Updated: 08 April … Continue reading In Re F (Minors) (Care Proceedings): Contact): FD 22 Jun 2000

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

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

Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000

The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed. Held: The House unanimously dismissed the local authority’s appeal in that last case … Continue reading Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000

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

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

Stafford v The United Kingdom: ECHR 28 May 2002

Grand Chamber – The appellant claimed damages for being held in prison beyond the term of his sentence. Having been released on licence from a life sentence for murder, he was re-sentenced for a cheque fraud. He was not released after the end of the sentence he served for that offence. He said there was … Continue reading Stafford v The United Kingdom: ECHR 28 May 2002

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

James and Others v The United Kingdom: ECHR 21 Feb 1986

The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986

AL (Serbia) v Secretary of State for the Home Department; Rudi v Same: HL 25 Jun 2008

Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on their families. They said the removals would be discriminatory. Held: To justify … Continue reading AL (Serbia) v Secretary of State for the Home Department; Rudi v Same: HL 25 Jun 2008

Secretary of State for Work and Pensions v M: HL 8 Mar 2006

The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006

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

R (on The Application of Zat and Others) v Secretary of State for The Home Department (Article 8 Echr – Dublin Regulation – Interface – Proportionality) (IJR): UTIAC 22 Jan 2016

(i) EU Regulation number 604/2013 (the ‘Dublin Regulation’) and the Human Rights Act 1998, while separate regimes, are not in competition with each other. (ii) Where the two regimes pull in different directions, full cohesion, or harmonisation, may not be achievable and some accommodation must be found. (iii) Where an interference with a person’s rights … Continue reading R (on The Application of Zat and Others) v Secretary of State for The Home Department (Article 8 Echr – Dublin Regulation – Interface – Proportionality) (IJR): UTIAC 22 Jan 2016