Tag: Human Rights

Roberts, Regina (on The Application of) v The Commissioner of Police of The Metropolis and Others: CA 4 Feb 2014

The claimant asserted that the provisions of section 60 of the 1994 Act, which allowed personal searches by police officers where no suspicion of misbehaviour was present, infringed her rights under Article 8 of the Convention.
Held: The claimant’s appeal failed. There was no deprivation of liberty within the meaning of article 5, and nor was the use of the power discriminatory on the grounds of race. There had been an interference with the right to respect for Mrs Roberts’ private life in article 8, but that this remained ‘in accordance with the law’ and was not unlawful.

Judges:

Maurice Kay VP CACD, Rafferty, Macur LJJ

Citations:

[2014] EWCA Civ 69, [2014] 1 WLR 3299, [2014] WLR(D) 50, [2014] HRLR 5, [2014] 2 Cr App R 6

Links:

Bailii, WLRD

Statutes:

Criminal Justice and Public Order Act 1994 60, European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Appeal from – Roberts, Regina (on The Application of) v The Commissioner of The Metropolitan Police Admn 17-Jul-2012
The claimant challenged the legality of section 60 of the 1994 Act as an interference in her article 8 rights. She had been caught on a bus without her fare and gave a false name and address. A direction had been given authorising any person to be . .

Cited by:

Appeal from – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 23 May 2022; Ref: scu.521049

Mckeown v The United Kingdom: ECHR 11 Jan 2011

The applicant alleged that his trial for terrorism related offences was unfair because of the way the courts in Northern Ireland had approached the question of non-disclosure of prosecution papers to the defence on grounds of public interest immunity.

Citations:

[2011] ECHR 22

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – McKeown v The United Kingdom ECHR 1-Apr-2008
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice, Northern Ireland

Updated: 23 May 2022; Ref: scu.443850

AA v The United Kingdom: ECHR 28 Apr 2010

Citations:

8000/08, [2010] ECHR 656

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – AA v The United Kingdom ECHR 20-Sep-2011
. .
Cited – BH and Another v The Lord Advocate and Another SC 20-Jun-2012
The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a married couple that said that the extraditions would interfere with their children’s rights to family life.
Held: The appeals against . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 22 May 2022; Ref: scu.415117

Halide Cakir And Others v Cyprus: ECHR 29 Apr 2010

Admissibility. It was said of the events in Cyprus in 1974 there had been a failure by the state to investigate unlawful killings. The court repeated the Grand Chamber’s formulation of the relevant law in Silih and Varnava, and then pointed out that the killings in question occurred more than 14 years before Cyprus accorded the right to petition – on 1 January 1989. The court relied on the proposition that the critical date was that date, rather than the date on which Cyprus acceded to the Convention.

Citations:

7864/06, [2010] ECHR 742

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another SC 25-Nov-2015
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 22 May 2022; Ref: scu.416240

Murray v The United Kingdom: ECHR 28 Oct 1994

The Army’s powers of arrest in Northern Ireland, did not breach the European Convention on Human Rights.

Judges:

Ryssdal, President

Citations:

Times 01-Nov-1994, 14310/88, [1994] ECHR 39, (1994) 19 EHRR 193

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
Cited – Secretary of State for the Home Department v AF AM and AN etc CA 17-Oct-2008
The claimants were subject to non-derogating control orders, being non EU nationals suspected of terrorism. They now said that they had not had a compatible hearing as to the issue of whether they were in fact involved in terrorist activity.
Lists of cited by and citing cases may be incomplete.

Human Rights, Northern Ireland, Armed Forces, Human Rights

Updated: 22 May 2022; Ref: scu.165336

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 deny her human rights, and sought a declaration of incompatibility with regard to s1A of the 1976 Act.
Held: ‘It is within the reasonable margin of appreciation of the State to limit those who are entitled to claim compensation to those who are financially dependent on the deceased. Who otherwise should say where the line should be drawn between those who may claim from those who may not? ‘ The claimants had also lost any possibility of a claim through limitation.

Citations:

Times 14-Jun-2006, [2006] EWHC 1133 (QB)

Links:

Bailii

Statutes:

Railways (Safety Case) Regulations 2000, Human Rights Act 1998, Fatal Accidents Act 1976 1A, Railways Act 1993

Jurisdiction:

England and Wales

Citing:

Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
Cited – Foster and others v British Gas plc ECJ 12-Jul-1990
The defendants (BGC) were nationalised suppliers of gas. BGC was by statute a body with a legal persona operating under the supervision of the authorities. Its members were appointed by the Secretary of State, who also determined their remuneration. . .
Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Lists of cited by and citing cases may be incomplete.

Damages, Human Rights, Personal Injury, Transport, Health and Safety

Updated: 21 May 2022; Ref: scu.242210

T v Secretary of State for the Home Department: HL 22 May 1996

The applicant for asylum had been involved in an airport bomb attack killing 10 people. Asylum had been refused on the basis that this was a non-political crime. Though the organisation had political objectives, those were only indirectly associated with the bomb attach which was disproportionate to those aims.
Held: The involvement by the applicant in a bomb attack disqualified him from applying for asylum. The use of terrorism denied the possibility of protection for political views. For a crime to be political in nature, there had to be shown a direct relationship between the crime and the political aim. Not all terrorist acts fall outside the protection of the Convention, and not all means of investigating suspected terrorist acts fall outside the protection of the Convention.
Lord Mustill said: ‘although it is easy to assume that the appellant invokes a ‘right of asylum’, no such right exists. Neither under international nor English municipal law does a fugitive have any direct right to insist on being received by a country of refuge. Subject only to qualifications created by statute this country is entirely free to decide, as a matter of executive discretion, what foreigners it allows to remain within its boundaries.’
Lord Lloyd of Berwick said that in a case concerning an international convention it was obviously desirable that decisions in different jurisdictions should, so far as possible, be kept in line with each other.

Judges:

Lord Keith of Kinkel, Lord Browne-Wilkinson, Lord Mustill, Lord Slynn of Hadley, Lord Lloyd of Berwick

Citations:

Times 23-May-1996, [1996] AC 742, [1996] Imm AR 443, [1996] 2 WLR 766, [1996] 2 All ER 865, [1996] UKHL 8

Links:

Bailii

Statutes:

Geneva Convention 1951 33

Jurisdiction:

England and Wales

Citing:

Appeal from – T v Secretary of State for the Home Department CA 9-Nov-1994
Random violence without a causal connection with any political purpose was not a political crime. . .
Considered – Regina v Governor of Pentonville Prison ex parte Cheng HL 16-Apr-1973
Lord Diplock traced the history of the political offence exception to offences requiring extradition, and emphasised the need for a connection between the impugned conduct and changes to government or government policy: ‘My Lords, the noun that is . .

Cited by:

Cited – Regina v Secretary of State for the Home Department, ex parte Sivakumar HL 20-Mar-2003
The appellant sought asylum. He had fled Sri Lanka. He was a Tamil and feared torture if he returned. His application had been rejected because the consequences flowed from his suspected involvement in terrorism, and that was not a Convention . .
Cited – Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others HL 9-Dec-2004
Extension oh Human Rights Beyond Borders
The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than . .
Cited – Sidhu and Others v British Airways Plc; Abnett (Known as Sykes) v Same HL 13-Dec-1996
The claimants had been air passengers who were unlawfully detained in Kuwait, when their plane was captured whilst on the ground on the invasion of Kuwait. They sought damages for that detention.
Held: There are no exceptions to the Warsaw . .
Cited – ST Eritrea, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Mar-2012
The Tribunal had confirmed the appellant’s refugee status, but the respondent had ordered nevertheless that she be returned. The judge’s order setting aside that decision had been overturned in the Court of Appeal.
Held: The claimant’s appeal . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 20 May 2022; Ref: scu.89678

T v Secretary of State for the Home Department: CA 9 Nov 1994

Random violence without a causal connection with any political purpose was not a political crime.

Judges:

Lord Lloyd of Berwick

Citations:

Independent 04-Nov-1994, Times 09-Nov-1994

Statutes:

Geneva Convention 1951 33(1)

Jurisdiction:

England and Wales

Cited by:

Appeal from – T v Secretary of State for the Home Department HL 22-May-1996
The applicant for asylum had been involved in an airport bomb attack killing 10 people. Asylum had been refused on the basis that this was a non-political crime. Though the organisation had political objectives, those were only indirectly associated . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 20 May 2022; Ref: scu.89679

Stevens v School of Oriental and African Studies and others: ChD 2 Feb 2001

It was not unfair or a denial of the applicant’s human rights, to strike out a second action which differed only marginally in the parties involved, from an earlier action already struck out by the court for delay, and where the claimant had not yet satisfied a costs order made against him arising from that earlier action.

Citations:

Times 02-Feb-2001

Jurisdiction:

England and Wales

Natural Justice, Litigation Practice, Human Rights

Updated: 20 May 2022; Ref: scu.89548

Stanford v United Kingdom: ECHR 11 Apr 1994

A defendant’s difficulty in hearing the case because of a screen erected to protect the identity of witnesses did not vitiate the trial or make it unfair. The right to a fair trial included the right to be present and in a position to follow the proceedings.

Judges:

R. Ryssdal, P

Citations:

Ind Summary 11-Apr-1994, Times 08-Mar-1994, 16757/90, [1994] Ser A No 282-A, [1994] ECHR 6

Links:

Worldlii, HUDOC, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Cited – Rex v Smellie CCA 1919
The defendant was accused of mistreating his eleven year old daughter. He was ordered to sit upon the stairs leading to the dock, out of her sight, in order to avoid her being intimidated.
Held: A judge could, using the courts own powers to . .
Cited – Rex v Lee Kun CCA 1916
Accused must hear and understand the proceedings
A judge, from the moment he embarks upon a trial until he is functus officio that trial, is under a duty to ensure that both the process and substance of the trial is fair, and that both are duly compliant with appropriate principles. Lord Reading . .

Cited by:

Cited – SC v The United Kingdom ECHR 15-Jun-2004
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Human Rights

Updated: 20 May 2022; Ref: scu.89490

Sibson v United Kingdom (Case 4/1992/349/422): ECHR 17 May 1993

Employer insisting that an employee join a particular union on a site is not breaching the employees convention rights.
Hudoc Preliminary objection joined to merits (non-exhaustion); No violation of Art. 11

Citations:

Ind Summary 24-May-1993, Times 17-May-1993, [1993] ECHR 18, 14327/88, [1993] ECHR 18

Links:

Worldlii, Bailii

Human Rights, Employment

Updated: 20 May 2022; Ref: scu.89252

Iatridis v Greece: ECHR 19 Oct 2000

Citations:

[2000] ECHR 502

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Citing:

See Also – Iatridis v Greece ECHR 25-Mar-1999
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Preliminary objection rejected (six month period); Violation of P1-1; Violation of Art. 13; Not necessary to examine . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 20 May 2022; Ref: scu.448084