Duress as Defence not closely Defined The defendant had been a member of MI5. He had signed the Official Secrets Act, but then disclosed various matters, including material obtained by interceptions under the Interception of Communications Act. He claimed that his disclosures were made in the public interest. He appealed against a judgment that the … Continue reading Regina v Shayler: CACD 28 Sep 2001
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for which a prosecution was authorised was framed so as to breach the accused’s human rights was to … Continue reading Regina v Director of Public Prosecutions, ex parte Kebilene and others: HL 28 Oct 1999
Deprivation of Citizenship Principles on Appeal Following KV (Sri Lanka) v Secretary of State for the Home Department [2018] EWCA Civ 2483, Aziz v Secretary of State for the Home Department [2018] EWCA Civ 1884, Hysaj (deprivation of citizenship: delay) [2020] UKUT 128 (IAC), R (Begum) v Special Immigration Appeals Commission [2021] UKSC 7 and … Continue reading Ciceri (Deprivation of Citizenship Appeals: Principles) Albania: UTIAC 8 Sep 2021
Supreme Court of Canada – Constitutional law — Charter of Rights — Presumption of innocence (s. 11(d)) — Reverse onus clause — Accused presumed to be trafficker on finding of possession of illicit drug — Onus on accused to rebut presumption — Whether or not reverse onus in violation of s. 11(d) of the Charter … Continue reading Regina v Oakes: 28 Feb 1986
The applicant owned land in the parish of St Martin’s in Guernsey. He made a number of applications for planning permission for residential use, but they were all rejected. In about 1986 he moved into a converted packing shed on his land. In 1988 a draft Detailed Development Plan for the island was under consideration … Continue reading McGonnell v The United Kingdom: ECHR 8 Feb 2000
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
Exercise of Ministerial Discretion The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when compared with prices paid to producers in other regions. The Minister … Continue reading Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968
The defendant appealed against his sentence to a term of imprisonment for public protection on his admission of wounding with intent. The sentencing system applied was replaced on the day following sentencing, and he said that the court should have applied the principle of lex mitior. Held: The appeal failed: ‘there was no fault in … Continue reading Docherty, Regina v: CACD 18 Jun 2014
The Mirror had published a picture of Naomi Campbell leaving a rehabilitation clinic. They appealed a decision in which having been found to have infringed her privacy by a covertly taken photograph, they had then been ordered to pay very substantial sums in costs, including a success fee. Held: The court asked the parties to … Continue reading MGN Limited v United Kingdom: ECHR 24 Oct 2008
In each case all or part of a building was let by a head-lease and then as self-contained units under sub-leases. The head lessees had served notices under the 1993 Act requiring new leases. The freeholder denied that they were qualifying tenants, either because there were a number of flats, or because the lease included … Continue reading Cadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others: HL 25 Jun 2008
No General ty of Care Owed by Police The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members of the public who might … Continue reading Hill v Chief Constable of West Yorkshire: HL 28 Apr 1987
The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not routinely funded.’ Held: The claim for judicial review failed. There was no general medical concensus … Continue reading AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010
The claimant challenged the respondent’s decision to order the return of herself and her son to Lebanon. Held: The test for whether a claimant’s rights would be infringed to such an extent as to prevent their return home was a strict one, but in this case, the appeal was allowed, and the decision quashed. The … Continue reading EM (Lebanon) v Secretary of State for the Home Department: HL 22 Oct 2008
The appellants appealed against orders for delivery up of papers belonging to the claimant. The paper was a market sensitive report which had been stolen and doctored before being handed to the appellant.
Held: The Ashworth Hospital case . .
Ms R had overstayed, but resisted deportation claiming a long term relationship with a man for who she cared. Her leave was continued 11 times. A Seventh Day Adventist, the care she provided was as a friend. Indefinite leave to remain was refused . .
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .
The Court considered linked issues as to the treatment of ‘qualifying children’ and their parents, under the statutory regime contained in Part 5A of the Nationality, Immigration and Asylum Act 2002. Three appellants (KO, IT and NS) argued that when . .
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .
The court considered whether a power of appeal to the existed.
Held: A power did exist under FETO, and the CANI having mistakenly excluded a power to appeal the Supreme Court could nevertheless hear it. Both appeals were allowed. . .
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
The Court concludes that in Northern Ireland:
(i) There is no general right to abortion whether under the common law or under statute.
(ii) The Northern Ireland Human Rights Commission (‘the Commission’) has legal standing under the . .
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 6-1; Violation of Art. 6-1; Pecuniary damage – claim rejected; Costs and expenses partial award – domestic proceedings . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits (non-exhaustion); Preliminary objection rejected (non-exhaustion); No violation of Art. 6-1+6-3-b; Violation of Art. 6-1+6-3-c; . .
ECHR Judgment (Merits and just satisfaction) Violation of Art. 11; Not necessary to examine Art. 6-1; Not necessary to examine Art. 9; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not . .
Hudoc Judgment (Preliminary objections) Preliminary objection allowed (non-exhaustion) . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (incompetence ratione temporis, non-exhaustion); Violation of Art. 6; Non-pecuniary damage – claim rejected; Costs and expenses – claim . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-c; Not necessary to examine Art. 6-1+6-3-e; Non-pecuniary damage – finding of violation sufficient . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits (non-exhaustion); Violation of Art. 5-4; Damage – finding of violation sufficient; Costs and expenses – claim rejected . .
Hudoc Judgment (Just satisfaction) Struck out of the list (friendly settlement) . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award. . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Not necessary to examine Art. 6-1; Not necessary to examine Art. 8; Pecuniary damage – claim rejected; Costs and expenses partial award – . .
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 – domestic proceedings; Costs and . .
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 2; Violation of Art. 3; Not necessary to examine Art. 5-1; Not necessary to examine Art. 6-1; No violation of Art. 10; Violation of Art. 13; No . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
The applicants, an heterosexual couple wished to enter into a civil partnership under the 2004 Act, rather than a marriage. They complained that had they been a same sex couple they would have had that choice under the 2013 Act.
Held: The . .
The claimant appealed against refusal of a declaration that the 1976 Act infringed her human rights. She had been cohabiting for six months, when her partner was killed in an accident at work for which a third party was liable. Because she had not . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; No violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings . .
UK Electoral law went too far to restrict freedom of speech when limiting the amounts spent by third parties discussing candidates. The legislative provision in question was held to operate, for all practical purposes, as a total barrier to Mrs . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Costs and expenses partial award – domestic proceedings . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Violation of Art. 6-1 (independent and impartial tribunal); Not necessary to examine Art. 6-1; Not necessary to examine Art. 14+6-1; Pecuniary . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 2; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention . .
Two fraud prosecutions against the claimants had lasted for 15 and 20 years respectively.
Held: Article 6.1 applies to all stages of criminal proceedings, including sentencing and any appeal. The ‘reasonable time’ in criminal matters, . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Not necessary to examine Art. 13; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings; Costs and expenses . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 5-1; Not necessary to examine Art. 5-4; Not necessary to examine Art. 13+5-4; Non-pecuniary damage . .
Hudoc Judgment (Just satisfaction) Struck out of the list (friendly settlement) . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Preliminary objection rejected (abuse of process); Violation of Art. 11; Not necessary to examine Art. 6-1; Not . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (locus standi); No violation of Art. 2, not established that applicant . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (out of time); Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Pecuniary damage – claim rejected; Costs and . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Not necessary to examine Art. 6-3-c; Not necessary to examine Art. 13; Non-pecuniary damage – financial award; Costs and expenses award – . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award . .
Hudoc Judgment (Just satisfaction) Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings; Costs and expenses – claim rejected (State) . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 2; Violation of Art. 3 (applicant . .
A village girl was shot dead when she went out onto the veranda of her home after security forces had been engaged in an ambush of PKK members close to the village where she lived. Nobody asked her family about the circumstances of the shooting, and . .
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .
Claim under the Human Rights Act 1998, in respect of the Defendant’s decision to disclose allegations of neglect and ill-treatment of care home residents in an Enhanced Criminal Records Certificate; the ECRC recorded that the applicant was found not . .
The applicant was fined under the domestic Minor Offences Act for accusing his neighbours, without justification, of causing a nuisance. The government relied on the modesty of the punishment capable of being imposed and the fact that the offence . .
. .
Police officers brought an action in negligence against a Chief Constable on the ground that disciplinary proceedings against them had been negligently conducted. They claimed that the investigating officers had negligently failed to conduct the . .
On arrest for shoplifting a 12 year old said he had been doing so to get food, and that he had been hit with a belt by his father. Investigation revealed the home to be dangerous, and all eight children were removed to the care of the LA. The . .
(Jamaica) A bill was presented to the Jamaican parliament to transfer the appellate jurisdiction from the Board of the Privy Council to the Caribbean Court of Justice.
Held: Whilst there was a duty to recognise and respect alternate courts, . .
The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a campaigner against police abuse. His requests to . .
The beating of a child aged 9, by his father, with a cane repeatedly, and so as to leave bruising, was inhuman or degrading treatment or punishment, and was not capable of being reasonable chastisement. UK law failed properly to protect the child’s . .
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (first applicant); No violation of Art. 6-1 (second applicant); Not necessary to examine Art. 8; Not necessary to examine Art. 13; Non-pecuniary . .
(Grand Chamber) When considering the appropriateness of a deportation order to a country with which the deporting country had a memorandum of understanding that the destination country would not torture the deportee, a court must look beyond the . .
The coroner intended to hold an inquest into the deaths on the Omagh bombing. The Commission sought the right to be involved on the basis that human rights of interest to it might arise, and the coroner refused, saying that they had no standing to . .
The Claimant aged 14 appeared before the Magistrates’ Court with a 20 year old Co-Defendant. The Magistrates declined jurisdiction in his case and the Claimant indicated Not Guilty pleas. The Magistrates concluded that it was in the interest of . .
The council appealed the refusal of the magistrates to grant an interim Anti-Social Behaviour Order (ASBO) without notice. The magistrates clerk had said that there had been no violence, and no further incident after the police had given a warning. . .
The words of the Act imposing mandatory sentences save in exceptional cases are clear, and the word ‘exceptional’ has accepted meanings which are not to be extended by reference to the Convention on Human Rights. Mandatory life sentences were . .
The ability for a court to order the transfer of a secure tenancy between partners under the Act depended upon the court first making an occupation order in favour of the party from whom the tenancy was to be transferred, but the order could be made . .
References: [1983] 1 AC 410, [1982] 2 All ER 298, [1982] UKHL 3, [1982] 2 WLR 982 Links: Bailii Coram: Lord Wilberforce, Lord Bridge, Lord Scarman Ratio: The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at … Continue reading McLoughlin v OBrian: HL 6 May 1982
References: [2015] EWFC 73 Links: Bailii Coram: Sir James Munby P FD The court was asked whether, in the light of the 1998 Act, section 54(1) of the 2008 Act should be read down so as to allow parental orders to be made in favour of just one person. Held: It could not. Statutes: Human … Continue reading Re Z (A Child : Human Fertilisation and Embryology Act : Parental Order); FC 7 Sep 2015
References: [2003] EWHC 259 (QB), Gazette 01-May-2003, [2003] 1 FLR 1091 Links: Bailii Coram: The President An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A, A, YA and, ZA (By Their Litigation Friend, the Official Solicitor), the Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
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The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
The claimant had been a foster son and was now the administrator of the estate of the deceased tenant. He sought to occupy the property as a successor under the 1985 Act. He said that as a former foster child, he had become a member of the deceased’s family and the 1985 should be read … Continue reading Sheffield City Council v Wall (Personal Representatives of) and Others: CA 30 Jul 2010
The claimants were husband and wife. They had six children. The wife was severely disabled and confined to a wheelchair. In breach of their duty under section 21(1)(a) of the 1948 Act, the respondent council failed for some 20 months to provide the family with accommodation suited to her disability. The consequences were appalling. The … Continue reading Bernard, Regina (on the Application of) v London Borough of Enfield: Admn 25 Oct 2002
The Court was asked significant questions as to the procedure to be followed when a person is recalled by the Secretary of State to be detained in a hospital under the power conferred by section 42(3) of the Mental Health Act 1983. The Appellant contends that his recall was effected unlawfully, and that his subsequent … Continue reading Lee-Hirons, Regina (on The Application of) v The Secretary of State for Justice and Another: CA 1 May 2014
The claimant had been expelled from school unlawfully, and now sought damages for the breach of his right to an education. Held: The claimant had received and had refused appropriate offers of alternate schools. The duty was imposed generally on the state, not on any particular school. If the unavailablity of education was the fault … Continue reading Ali v Head and Governors of Lord Grey School: QBD 27 Jun 2003
Assessment of damages for infringement of human rights. Michael Kent QC [2015] EWHC 3470 (Admin) Bailii Human Rights Act 1998 8 England and Wales Human Rights, Damages Updated: 07 January 2022; Ref: scu.556471
Judgment following the trial of three preliminary issues in the claim by Bank Mellat for damages under section 8 of the 1998 Act 1998 for loss and damage caused by the 2009 Order made under section 62 and Schedule 7 of the Counter-Terrorism Act 2008. Flaux J [2015] EWHC 1258 (Comm) Bailii Human Rights Act … Continue reading Bank Mellat v HM Treasury: ComC 6 May 2015
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013
The claimant sought disclosure of an investigation conducted by the respondent. The respondent replied that the material was exempt within section 32(2). The court had found that that exemption continued permanently even after the inquiry was complete, but now turned to the claimant’s assertion that this violated his article 10 rights, and that section 32(2) … Continue reading Kennedy v Charity Commission: CA 20 Mar 2012
The claimant, the author of an internet blog (‘Night Jack’), sought an order to restrain the defendant from publishing his identity. Held: To succeed, the claimant would have to show that there would be a legally enforceable right to maintain anonymity, in the absence of a genuine breach of confidence, by suppressing the fruits of … Continue reading The Author of A Blog v Times Newspapers Ltd: QBD 16 Jun 2009
The Claimant sued the Council for breach of the Data Protection Act 1998, breach of the General Data Protection Regulation (Regulation (EU) 2016/679), breach of confidence, misuse of private information, and breach of Article 8 of the European Convention on Human Rights. Disclosure of medical records to attendees of child protection conference. Defendant’s application for … Continue reading Stanley v London Borough of Tower Hamlets: QBD 26 Jun 2020
Judges: Mrs Justice Hill DBE Citations: [2022] EWHC 3003 (KB) Links: Bailii Statutes: Human Rights Act 1998 Jurisdiction: England and Wales Personal Injury, Human Rights Updated: 12 December 2022; Ref: scu.683807
The court considered the effect of an immigrant’s mental illness on the Home Secretary’s powers to refuse to grant him exceptional leave to enter or remain. Citations: [2000] EWCA Civ 3026 Links: Bailii Statutes: Immigration Act 1971, Mental Health Act 1983, Human Rights Act 1998 Jurisdiction: England and Wales Immigration, Health, Human Rights Updated: 09 … Continue reading X v Secretary of State for the Home Department: CA 7 Dec 2000
(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. … Continue reading Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001
Lord Bingham: ‘The court made plain in Ex p McDonald, as indeed is plain on the face of the statute, that when seeking an extension or a further extension of the custody time limit the Crown must show that there is good and sufficient [reason] for making the extension and that it has acted with … Continue reading Regina v Leeds Crown Court, Ex parte Bagoutie: 31 May 1999
Test for need for police protection The court considered the duties of the police to protect the applicants. Held: The search for a phrase which encapsulates a threshold of risk which engages article 2 is a search for a chimera. The degree of risk described as ‘real and immediate’ in Osman . . as used … Continue reading Regina v Chief Constable of Norfolk, ex parte DF: Admn 2002
Allegation by minor of unlawful detention overnight in custody. Judges: Chamberlain J Citations: [2020] EWHC 1567 (QB), [2020] WLR(D) 348 Links: Bailii, WLRD Statutes: Human Rights Act 1998, Police and Criminal Evidence Act 1984 Jurisdiction: England and Wales Police, Human Rights, Children Updated: 06 December 2022; Ref: scu.651929
This Appeal raises a point of public importance, namely the scope and applicability of the doctrine of judicial immunity under section 9 (3) HRA 1998; and whether, in this case, that statutory immunity bars the Appellants’ cause of action against the Secretary of State in respect of the consequences of a meeting between the police … Continue reading Begraj and Another v Secretary of State for Justice: QBD 12 Feb 2015
The respondent sought leave to appeal against a finding that as a registered social landlord it was exercising a public function and was a hybrid public authority. Held: Leave was granted. A protective costs order was made for the respondent to ensure proper representation of both sides before the court. Citations: [2009] EWCA Civ 235, … Continue reading Weaver v London Quadrant Housing Trust: CA 17 Feb 2009
ECHR Article 9-1Manifest religion or beliefConfiscation of cassette player used by prisoner to listen to religious tapes: inadmissibleFacts – The applicant, who was of Baptist confession, was serving a lengthy prison sentence. After reacting to the confiscation of a small radio-cassette player he had received after obtaining good results on a ‘Christian moral education’ programme, … Continue reading Austrianu v Romania: ECHR 12 Feb 2013