Tag: Human Rights

Gault v The United Kingdom: ECHR 20 Nov 2007

The claimant said that the system for withholding bail in criminal proceedings in Northern Ireland had infringed her human rights. She was accused of murder, had been convicted but that conviction had been overturned and she was awaiting a second trial. She was the mother of triplets aged 6, and the prosecution did not object to bail.
Held: The claim succeeded. There was insufficient clarity as to the reasons for withholding bail. The nearness of a forthcoming trial was not a relevant consideration, and nor in the light of the prosecution’s attitude was it proper to conclude that she might flee.

Citations:

1271/05, [2007] ECHR 952, Times 28-Nov-2007, [2010] ECHR 986

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights 5

Jurisdiction:

Human Rights

Human Rights, Criminal Practice, Northern Ireland

Updated: 12 July 2022; Ref: scu.261415

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 unsuccessfully defended an action against the trust in detinue for the return of deeds. He now sought protection against a costs order. Costs having been awarded against a trustee in proceeding A, the trustee sought to be indemnified . .
Cited – In re Moritz CA 1960
Trustees had denied the defendants a sight of the exhibits to affidavits. Their’ counsel argued for a settled practice that where an application is made by trustees for directions of the Beddoe kind, then the proposed defendant beneficiaries should . .
Cited – McDonald and Others v Horn and Others CA 8-Aug-1994
A court may make a pre-emptive award of costs to pension fund members who wished to sue the trustees. Hoffmann LJ said: ‘if one looks at the economic relationships involved, there does seem to me to be a compelling analogy between a minority . .
Cited – Re Evans 1986
. .
Cited – Marley and 11 Others v Mutual Security Merchant Bank and Trust Co Ltd Co PC 15-Oct-1990
BANKING – EQUITY, TRUSTS, PROBATE ADMINISTRATOR’S POWERS OF INVESTMENT Bank as sole administrator cannot invest estate funds in its own deposits in the absence of express sanction in the trust instrument.
Lord Oliver of Aylmerton said: ‘A . .
Cited – McDonald and Others v Horn and Others ChD 12-Oct-1993
A pre-emptive costs order is possible where Plaintiffs are impecunious but the case is very strong. . .
Cited – In re Trusts of X Charity ChD 2003
If a hearing is heard in private, then it is open to the court to rule that its judgment should be maintained in private. Sir Andrew Morritt said: ‘This, essentially administrative, jurisdiction is designed to provide guidance to the fiduciary as to . .
Lists of cited by and citing cases may be incomplete.

Trusts, Human Rights, Costs

Updated: 12 July 2022; Ref: scu.259656

Federation of Tour Operators and Others, Regina (on the Application of) v HM Revenue and Customs and others: Admn 4 Sep 2007

The claimants complained that the sudden doubling of Airport Passenger Duty was unlawful since it had not been possible to recover this from customers, and was in breach of the Convention.
Held: The claim failed. The cost to the applicants as a whole was approximately pounds 50 million. The tax could only be challenged in a way open to anyone to attack an Act of Parliament, but the applicants had been unable to show that the government had failed to take into account any material consideration, in making the Regulations which covered their members. Nor could they show any sufficient incompatibility either with European law or with Human Rights law. Statements made in Parliament may be admitted in evidence before the courts without their admission contravening the prohibition against questioning or impeaching the parliamentary process.
Stanley Burnton J said: ‘In my judgment, the Speaker’s submissions, and the authorities to which I have referred, demonstrate the importance of identifying the purpose for which evidence of proceedings in Parliament is relied upon. Like Bean J in Bradley, it is the relevance of that material as well as its origin that the Court must consider. It is necessary to consider whether this material would otherwise be admissible on or relevant to the determination of the Claimants’ substantive claims, before deciding whether its origin precludes their adducing it in evidence.’

Judges:

Stanley Burnton J

Citations:

[2007] EWHC 2062 (Admin), Times 09-Oct-2007

Links:

Bailii

Statutes:

Chicago Convention on International Civil Aviation 1944

Jurisdiction:

England and Wales

Cited by:

Cited – Office of Government Commerce v Information Commissioner and Another Admn 11-Apr-2008
The Office appealed against decisions ordering it to release information about the gateway reviews for the proposed identity card system, claiming a qualified exemption from disclosure under the 2000 Act.
Held: The decision was set aside for . .
Appeal from – Federation of Tour Operators and Others, Regina (on the Application of) v HM Treasury CA 2-Jul-2008
Appeal against refusal of relief on challenge to introduction of Air Passenger Duty.
Held: The system which did not exempt passengers who had prepaid for their journey did not place an excessive burden on operators. The request failed. . .
Cited – Chaytor and Others, Regina v CACD 30-Jul-2010
The defendants had been members of the Houses of Commons and of Lords. They faced charges of dishonesty in respect of their expenses claims. They now appealed a finding that they were not subject to the exclusive jurisdiction of Parliament under . .
Cited – Kimathi and Others v Foreign and Commonwealth Office QBD 20-Dec-2017
Parliamentary privilege The claimants sought to have admitted as evidence extracts from Hansard in support of their claim for damages arising from historic claims.
Held: The court set out the authorities and made orders as to each element. . .
Lists of cited by and citing cases may be incomplete.

Taxes – Other, Human Rights, Constitutional

Updated: 11 July 2022; Ref: scu.259211

Ali, Regina (on the Application of) v Secretary of State for the Home Department: Admn 5 Jul 2007

The applicants had first applied for asylum in 1999 and then been given leave to stay, but the husband not yet indefinite leave. The wife applied for naturalisation for herself and the children which was refused because the husband did not yet have indefinite leave.

Citations:

[2007] EWHC 1983 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 11 July 2022; Ref: scu.258803

Bernard, Regina (on the Application of) v London Borough of Enfield: Admn 25 Oct 2002

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 wife was doubly incontinent and, because there was no wheelchair access to the lavatory, was forced to defecate and urinate on the living-room floor. And she was unable to play any part in looking after her six children.
Held: The respondent’s failure was a clear breach of the claimant’s article 8 rights and not at all finely balanced. The court awarded andpound;10,000 damages.

Judges:

Sullivan J

Citations:

[2002] EWHC 2282 (Admin), [2003] HRLR 111, [2003] LGR 423

Links:

Bailii

Statutes:

Human Rights Act 1998 8, National Assistance Act 1948 21(1)(a)

Jurisdiction:

England and Wales

Cited by:

Cited – McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea SC 6-Jul-2011
The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Damages, Housing

Updated: 11 July 2022; Ref: scu.258663

A v United Kingdom: ECHR 1982

The Commission considered a complaint where entry clearance was refused for the Philippine fiancee of a disabled man of limited means on the basis that she did not have the means to maintain and support herself without access to public funds.
Held: The complaint was manifestly ill-founded. There was no evidence there would be any legal obstacles preventing the applicant from marrying his fiancee in the Philippines. The article 12 right: ‘does not, in principle, include the right to choose the geographical location of the marriage’ and ‘the Commission considers that the limitation of immigration possibilities to only those people who will definitely not create an economic burden on the host state is not of itself an unreasonable or arbitrary requirement’.

Citations:

9773/82, [1982] 5 EHRR 296

Statutes:

European Convention on Human Rights 8 12 14

Jurisdiction:

Human Rights

Cited by:

Cited – Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department Admn 10-Apr-2006
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The . .
Cited – Secretary of State for the Home Department v Baiai and others CA 23-May-2007
The claimants challenged rules which meant that certain immigrants subject to immigration control were unable to marry, save only those marrying according to the rites of the Church of England.
Held: The rules were not justified by evidence . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration

Updated: 11 July 2022; Ref: scu.240354

Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others: FD 5 Jul 2007

The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter.
Held: The application was frivolous. None of the evidence presented remotely constituted evidence of what the claimant asserted. Though section 124 appeared to grant a full right to see a will lodged with the registry, that right was subject to a discretion in the court. As to his human rights claim that he was entitled to know: ‘The Human Rights Act was enacted and the Convention concluded in order to protect from interference and prejudice real rights and existing situations, not illusory rights or imaginary claims. A claimant is entitled to respect for the existence and development of his or her real family life under Article 8 and not for a fantasy family life, the product of his or her imagination. ‘ The claim failed.

Judges:

Sir Mark Potter P

Citations:

[2007] EWHC 1607 (Fam), [2007] WTLR 1129

Links:

Bailii

Statutes:

Non-Contentious Probate Rules 1987, Supreme Court Act 1981 124

Jurisdiction:

England and Wales

Citing:

Cited – In re: King George III 1822
The will of the Sovereign is not subject to probate. . .
Cited – Reichal v Magrath 1889
The court has an inherent jurisdiction to strike out all proceedings before it which are obviously frivolous or vexatious or an abuse of its process. . .
Cited – In re Stollery 1926
A birth certificate is prima facie evidence of all matters required by statute to be entered in the certificate. . .
Cited – Gouriet v Union of Post Office Workers HL 26-Jul-1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order.
Held: The wide wording of the statute . .
Cited – Jackson v Jackson and Pavan 1964
A properly issued birth certificate is prima facie evidence of the matters stated. . .
Cited – Regina v Inland Revenue Commissioners, ex parte the National Federation of Self-Employed and Small Businesses Ltd HL 9-Apr-1981
Limitations on HMRC discretion on investigation
The Commissioners had been concerned at tax evasion of up to 1 million pounds a year by casual workers employed in Fleet Street. They agreed with the employers and unions to collect tax in the future, but that they would not pursue those who had . .
Cited – Re Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council v News Group Newspapers FD 2-Dec-2003
A twelve year old girl had become pregnant. The Catholic Church was said to have paid her not to have an abortion. After the birth she and her baby were taken into care. The authority proposed the adoption of the baby. There was more publicity. . .
Cited – Regina v Monopolies and Mergers Commission, ex parte Argyll Group plc CA 14-Mar-1986
Weighing Interest of Seeker of Judicial Review
The court recast in simpler language the provision in section 75 empowering the Secretary of State to make a merger reference to the Commission: ‘where it appears to him that it is or may be the fact that arrangements are in progress or in . .
Cited – Pretty v The United Kingdom ECHR 29-Apr-2002
Right to Life Did Not include Right to Death
The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not . .
Cited – Bensaid v The United Kingdom ECHR 6-Feb-2001
The applicant was a schizophrenic and an illegal immigrant. He claimed that his removal to Algeria would deprive him of essential medical treatment and sever ties that he had developed in the UK that were important for his well-being. He claimed . .
Cited – Botta v Italy ECHR 24-Feb-1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday.
Held: ‘Private life . . includes a person’s . .
Cited – Leander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .
Cited – 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 . .
Cited – Niemietz v Germany ECHR 16-Dec-1992
A lawyer complained that a search of his offices was an interference with his private life.
Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his . .
Cited – 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 . .

Cited by:

Appeal from – Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others CA 8-Feb-2008
The claimant sought leave to appeal refusal of access to the will of Princess Margaret. He wished to prove that he was her illegitimate son. The will had been subject to an order providing that its contens were not to be published.
Held: . .
Cited – Re Benmusa FD 14-Mar-2017
No Access to will of Princess Margaret
The claimant sought to have unsealed the will of the late Princess Margaret.
Held: The application was struck out: ‘The applicant has not articulated any intelligible basis for her claim. The facts alleged by the applicant neither assert nor . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Human Rights

Updated: 11 July 2022; Ref: scu.254471

Silih v Slovenia: ECHR 28 Jun 2007

Citations:

71463/01, [2007] ECHR 537

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See also – Silih v Slovenia ECHR 9-Apr-2009
(Grand Chamber) Article 2 imposes, in certain circumstances, a freestanding obligation in relation to the investigation of a death which applied even where the death itself had occurred before the member state ratified the Convention.: ”The court . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 11 July 2022; Ref: scu.254322

RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 28 Jun 2007

Whether a person who is entitled to income support and who would otherwise be entitled to disability premium as part of his IS loses his entitlement to DP during any period in which he is ‘without accommodation’.

Judges:

Sir Anthony Clarke MR

Citations:

[2007] EWCA Civ 614, [2007] 1 WLR 3067

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – RJM, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 13-Jul-2006
. .

Cited by:

Appeal from – RJM, Regina (on the Application of) v Secretary of State for Work and Pensions HL 22-Oct-2008
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was . .
Lists of cited by and citing cases may be incomplete.

Benefits, Human Rights

Updated: 11 July 2022; Ref: scu.253748

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 under section 28A(2) TMA so as to amend the taxpayers’ returns containing the self-assessment of their liability to CGT for the year 1997/98; and (b) whether Article 6 of the European Convention on Human Rights and Fundamental Freedoms (‘ECHR’) as applied by the Human Rights Act 1998 to the taxpayers’ appeals against the penalty determinations under s.95 TMA alters the burden of proof in relation to the appeals against the other assessments and notices which are listed for hearing at the same time but do not themselves involve any element of penalty.

Judges:

Patten J

Citations:

[2007] EWHC 1181 (Ch)

Links:

Bailii

Statutes:

Taxes Management Act 1970 28A 34 95, European Convention on Human Right 6

Jurisdiction:

England and Wales

Taxes Management, Human Rights

Updated: 11 July 2022; Ref: scu.252515

Somerville, Cairns, Ralston, Blanco and Henderson v The Scottish Ministers: OHCS 3 Nov 2006

Judges:

Lord President And Lord Nimmo Smith And Lord Macfadyen

Citations:

[2006] ScotCS CSIH – 52, 2007 SC 140

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Appeal from – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights

Updated: 11 July 2022; Ref: scu.252760

De Tommaso v Italy: ECHR 23 Feb 2017

Grand Chamber – there has been a shift in ECHR case law towards applying the civil aspect of article 6(1) to cases which ‘might not initially appear to concern a civil right’ but which may have ‘direct and significant repercussions on a private right’.

Judges:

Sajo P

Citations:

43395/09 (Judgment (Merits and Just Satisfaction) : Court (Grand Chamber)), [2017] ECHR 205, (2017) 65 EHRR 19, ECLI:CE:ECHR:2017:0223JUD004339509

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – QX v Secretary of State for The Home Department Admn 15-May-2020
Challenge to Temporary Exclusion Order.
Held: The concept of ‘civil rights and obligations’ cannot be interpreted solely by reference to national law but has an autonomous meaning within article 6(1) . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 10 July 2022; Ref: scu.577530

Hickling v Baker: CA 4 Apr 2007

The defendant, an undischarged bankrupt, appealed an order made for his committal to prison after failing to co-operate with his trustee.
Held: The discharge of the bankruptcy had been extended already because of the defendant’s failure to co-operate. The defendant had not been given notice of the application for his committal. Section 364 was not incompatible with the defendant’s human rights but an application had to be made on notice save where justified on the evidence. Even then, he should be brought directly before the court where he should be allowed to make representations. It was inappropriate to place the duty on the defendant to apply for his discharge from the committal.

Judges:

Sir Anthony Clarke MR, Rix LJ, LLoyd LJ

Citations:

[2007] EWCA Civ 287, Times 19-Apr-2007

Links:

Bailii

Statutes:

Insolvency Act 1986 364

Jurisdiction:

England and Wales

Insolvency, Human Rights

Updated: 10 July 2022; Ref: scu.250986

Brecknell v The United Kingdom: ECHR 6 Mar 2007

Citations:

32457/04, [2007] ECHR 245, (2007) 46 EHRR 957

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Brecknell v The United Kingdom ECHR 27-Nov-2007
Allegations had been made about police collusion with killings in Northern Ireland.
Held: Where there was credible information as to a possible perpetrator of an unlawful killing, there was a duty to investigate that evidence. Here the . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 10 July 2022; Ref: scu.250961

Re L and H (Residential Assessment); CT and Another v Bristol City Council and others: CA 14 Mar 2007

Application for leave to appeal against refusal to order residential assessment under section 38(6). ECHR Articles 6 and 8, and the underlying philosophy of the 1989 Act, required that a case be fully investigated and that all the relevant evidence necessary should be in place before children were permanently removed from their natural families and placed for adoption with strangers.

Judges:

Thorpe LJ, Wall LJ

Citations:

[2007] EWCA Civ 213, [2007] 1 FLR 1370

Links:

Bailii

Statutes:

Children Act 1989 38(6)

Jurisdiction:

England and Wales

Cited by:

Cited – In re F (A Child) (Placement Order); C v East Sussex County Council (Adoption) CA 1-May-2008
The father sought to revoke a freeing order. He said that the social workers had conspired to exclude him from the process. The child was born of a casual relationship, and at first he was unaware of the proceedings. On learning of them he sought to . .
Cited – In re S (A Child) CA 12-Aug-2008
The mother of the child applied for leave to appeal against an order under section 38(9), seeking a residential assessment.
Held: The judge had been exercising a discretion which he had done properly, and the court would not interfere with it. . .
Lists of cited by and citing cases may be incomplete.

Children, Human Rights

Updated: 10 July 2022; Ref: scu.250010

Szula v United Kingdom: ECHR 4 Jan 2007

A complaint was brought of sexual and physical abuse whilst a minor during the time that he was in a residential approved school.
Held: The applicant’s claim was inadmissible. It was concluded that there was ‘no indication that the authorities showed any lack of diligence or expedition’ in the investigation of his allegations. The court expressly recognised that the criminal law prohibited the physical and sexual abuse alleged by the applicant.
The court, after reviewing steps taken by police and prosecuting authorities, also said: ‘While that sequence of events was somewhat unfortunate, the court does not consider that it discloses any culpable disregard, discernible bad faith or lack of will on the part of the police or prosecuting authorities as regards properly holding perpetrators of serious criminal offences accountable pursuant to domestic law.’

Citations:

18727/06, [2007] ECHR 86

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Commissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 09 July 2022; Ref: scu.248419

Richmond Upon Thames London Borough Council v Holmes and Others: FD 20 Oct 2000

A newspaper sought to investigate the policies adopted by the council as regards inter-racial fostering. The council relied upon the Act to justify restrictions it sought to be imposed on the reporting. The case was not affected by the Children Act, and therefore no balancing exercise was required. The policy restricting publication was to be looked at under the convention, and limited only to the extent required. The injunction would be relaxed to permit publication provided the case was appropriately anonymised, and social workers with no opportunity to answer criticism were not named.

Citations:

Times 20-Oct-2000

Statutes:

Children Act 1989 1(1), European Convention on Human Rights 12

Jurisdiction:

England and Wales

Children, Human Rights, Media

Updated: 09 July 2022; Ref: scu.88779

London Borough of Brent v C: FD 28 Apr 2016

‘This case raises issues both as to the end-of-life treatment of a very ill child, and as to alleged breaches of rights under the European Convention on Human Rights, in relation to which damages were claimed. ‘

Judges:

Holman J

Citations:

[2016] EWHC 1335 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Human Rights, Health Professions

Updated: 09 July 2022; Ref: scu.565529

HK v Finland: ECHR 26 Sep 2006

Citations:

36065/97, [2006] ECHR 801

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Gale and Another v Serious Organised Crime Agency SC 26-Oct-2011
Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 08 July 2022; Ref: scu.246512