Tag: Human Rights

Stevens v Secretary of State for Communities and Local Government and Another: Admn 10 Apr 2013

The court was asked as to important issues as the approach of both planning decision-makers and the court to proportionality in circumstances in which a planning decision engages the right to respect for family life under article 8 of the European Convention on Human Rights, and in particular involves the rights of children.

Judges:

Hickinbottom J

Citations:

[2013] EWHC 792 (Admin), [2013] JPL 1383

Links:

Bailii

Cited by:

Approved – Collins v Secretary of State for Communities and Local Government and Another CA 9-Oct-2013
The claimant, seeking permission to use land as a gypsy and travellers’ camp site, appealed against rejection of his request for the quashing of the inspector’s report approving an enforcement notice. . .
Cited – Nzolameso v City of Westminster SC 2-Apr-2015
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she . .
Lists of cited by and citing cases may be incomplete.

Planning, Human Rights

Updated: 14 November 2022; Ref: scu.472512

Valiuliene v Lithuania: ECHR 26 Mar 2013

Citations:

33234/07 – HEJUD, [2013] ECHR 240

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Legal Summary – Valiuliene v Lithuania (LS) ECHR 26-Mar-2013
ECHR Article 3
Degrading treatment
Inhuman treatment
Effective investigation
Investigative and procedural flaws resulting in prosecution of domestic-violence case becoming time-barred: . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 14 November 2022; Ref: scu.472053

A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013

A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B was 2 and a half years old. A was an elected councillor and likely to be well known in the local community. The magistrates refused to make an order anonymising the case being not convinced that any damage would flow for the child.
Held: Section 39 of the CYP Act engages important, and competing, principles, namely, on the one hand, the private and family life of a child, and the best interests of that child, and, on the other hand, the freedom of the media to publish, and of the public to receive, information or comment, and the requirements of open justice.

Judges:

Picthford lJ, Kenneth Parker J

Citations:

[2013] EWHC 659 (Admin), [2013] WLR(D) 177, [2014] 1 WLR 1489, [2013] EMLR 20, [2013] Crim LR 763, (2013) 177 JP 377, 177 JP 377

Links:

Bailii, WLRD

Statutes:

Children and Young Persons Act 1933 39, European Convention on Human Rights 8 10

Citing:

Cited – A Child v Cambridge University Hospitals NHS Foundation Trust QBD 4-Mar-2011
The court gave its reasons for making an order preventing identification of a child claimant in professional negligence proceedings.
Held: By virtue of the Human Rights Act 1998, the court, as a public authority, must take account of these . .
Cited – ex parte Godwin CA 1992
An order had been made to include provision that ‘the names and addresses of the defendants shall . . not be revealed or published’. The court was now asked whether a criminal court had power under section 39 of the CYP Act to prohibit in terms the . .
Cited – Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors) CA 10-Jun-1998
Limitation on Making of Anonymity Orders
A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome.
Held: The legal professions have no special part in the law as a party . .
Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Cited – JIH v News Group Newspapers Ltd CA 31-Jan-2011
Principles on Request for Anonymity Order
The defendant appealed against an order granting the anonymisation of the proceeedings.
Held: The critical question is whether there is sufficient general public interest in publishing a report of proceedings which identifies a party by name, . .
Cited – ZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
Cited – ETK v News Group Newspapers Ltd CA 19-Apr-2011
The claimant appealed against refusal of an injunction to restrain the defendant newspaper from publishing his name in connection with a forthcoming article. The claimant had had an affair with a co-worker. Both were married. The relationship ended, . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media, Human Rights

Updated: 14 November 2022; Ref: scu.472037

Polyelectrolyte Producers Group Geie v European Chemicals Agency: ECJ 21 Mar 2013

ECJ Appeal – Actions for annulment – Admissibility – Premature action – Action out of time – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – European Chemicals Agency (ECHA) – Regulation (EC) No 1907/2006 – Articles 57 and 59 – Substances subject to authorisation – Identification of acrylamide as a substance of very high concern – Inclusion on the candidate list of substances – Publication of the list on the ECHA website – Time-limit for instituting proceedings – Dies a quo – Article 102(1) of the Rules of Procedure of the General Court – Claim barred by lapse of time

Judges:

Cruz Villalon AG

Citations:

C-625/11, [2013] EUECJ C-625/11

Links:

Bailii

Statutes:

Charter of Fundamental Rights of the European Union 45

Jurisdiction:

European

Cited by:

Opinion – Polyelectrolyte Producers Group Geie v European Chemicals Agency ECJ 26-Sep-2013
ECJ Appeal – European Chemicals Agency (ECHA) – Registration, evaluation and authorisation of chemical substances – Regulation (EC) No 1907/2006 (REACH Regulation) – Articles 57 and 59 – Substances subject to . .
Lists of cited by and citing cases may be incomplete.

Health and Safety, Human Rights

Updated: 14 November 2022; Ref: scu.471947

Regina v Secretary of State for Trade and Industry Ex Parte McCormick: CA 10 Feb 1998

Statements made under compulsion could be used in disqualification proceedings at discretion of the Secretary of State.

Citations:

Gazette 01-Apr-1998, Times 10-Feb-1998, Gazette 11-Mar-1998

Statutes:

Company Directors Disqualification Act 1985

Jurisdiction:

England and Wales

Cited by:

Cited – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
Lists of cited by and citing cases may be incomplete.

Company, Human Rights

Updated: 14 November 2022; Ref: scu.87954

Evans, Regina v: CACD 23 Jan 2013

The defendant appealed against his conviction in a case concerning the use of a false passport. The central issue was whether the appellant had a defence based upon the proposition that he was a refugee entitled to asylum in this country. He had been deported to Jamaica, but returned with a forged passport which was detected on entry. The court had rejected his argument that he was a refugee entitled to protection after fleeing gangs in Jamaica.
Held: On the evidence before the jury, there was no possible basis for classifying the appellant as a refugee.

Judges:

Jackson LJ, Wyn Williams J, Beaumont QC HHJ

Citations:

[2013] EWCA Crim 125, [2013] WLR(D) 22

Links:

Bailii, WLRD

Statutes:

Convention Relating to the Status of Refugees made at Geneva in 1951, Identity Documents Act 2010 4, Immigration and Asylum Act 1999 31

Jurisdiction:

England and Wales

Citing:

Cited – In re Acosta 1985
US Board of Immigration Appeals –
Held: ‘We find the well-established doctrine of ejusdem generis, meaning literally, ‘of the same kind,’ to be most helpful in construing the phrase ‘membership in a particular social group.’ That doctrine . .
Cited – Regina v Secretary of State for the Home Department ex parte Bugdaycay HL 19-Feb-1986
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without . .
Cited – Regina v Immigration Appeal Tribunal and Another ex parte Shah HL 25-Mar-1999
Both applicants, Islam and Shah, citizens of Pakistan, but otherwise unconnected with each other, had suffered violence in Pakistan after being falsely accused them of adultery. Both applicants arrived in the UK and were granted leave to enter as . .
Cited – Regina v Makuwa CACD 23-Feb-2006
The defendant appealed her conviction for using a false instrument (a passport) intending someone else to accept it as genuine.
Held: Once she had brought forward sufficient evidence to support a claim to asylum status, it was then for the . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights, Immigration

Updated: 14 November 2022; Ref: scu.471585

Regina v P and others: HL 19 Dec 2000

Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect for private and family life. It did not breach any rule of public policy and was not unfair under section 78. Lord Hobhouse of Woodborough said: ‘the dominant principle guiding the interpretation of the provisions of the [1985] Act was the policy of preserving the secrecy of the surveillance operations to which the Act applied and, to that end, preventing as far as possible any evidence relating to such operations ever reaching the public domain’. The interceptions had been made under the laws of that country, even though one party to the conversation had been in England. The use of an intercept could interfere with article 8.2 rights, but in this case the intercepts had been lawful obtained, and the use sought to be made of it was in accordance with the original purpose, and the intercepts had been kept for no longer than necessary for that purpose. In this case, one of other parties to the conversation was to give evidence, and this must substantially perfect any issue of unfairness. The Act 1985 Act had no application, because the interceptions had not been made under it. That question was to be judged according to the laws of the country which the interception was made.
The defendants appealed against the admission in their trials of telephone intercept evidence obtained lawfully in a foreign country, but including calls to this country. They had been admitted applying Aujla after consideration as to their fairness with section 78 of the 1984 Act.
Held: The appeals were dismissed; ‘The case of Aujla was rightly decided. The decision of the ECHR in Khan shows that the coming into effect of the Human Rights Act does not invalidate in the relevant respects the decision of your Lordships’ House in that case and that s.78 is an appropriate safeguard of the fairness of the trial.’

Judges:

Lord Hobhouse of Woodborough

Citations:

Times 19-Dec-2000, Gazette 22-Feb-2001, [2002] 1 AC 146, [2000] UKHL 69, [2000] UKHL 72, [2001] 2 Cr App R 8, [2001] 2 All ER 58, [2001] 2 WLR 463

Links:

House of Lords, House of Lords, Bailii, Bailii

Statutes:

Interception of Communications Act 1985, Police and Criminal Evidence Act 1984 78, Criminal Procedure and Investigations Act 1996, European Convention on Human Rights 8 6

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Preston, Preston, Clarke Etc HL 5-Nov-1993
Telephone tapping evidence consisting of tapping records are to be destroyed after their use for the purpose obtained, but a prosecution was not within that purpose. The underlying purpose of the 1985 Act is to protect information as to the . .
Cited – Regina v Khan (Sultan) HL 2-Jul-1996
The police had obtained the evidence against the defendant by fixing a covert listening device at an apartment visited by the defendant, and by recording his conversations there. The defendant appealed, saying that the court should have regard to . .
Cited – Regina v Singh and Others CACD 7-Nov-1997
The defendants appealed against a ruling allowing the admissipn in their trial of transcripts of telephone conversations. The results of the interception of a telephone call made abroad and in accordance with law of that country is admissible here. . .
Cited – Regina v Preston, Preston, Clarke Etc HL 5-Nov-1993
Telephone tapping evidence consisting of tapping records are to be destroyed after their use for the purpose obtained, but a prosecution was not within that purpose. The underlying purpose of the 1985 Act is to protect information as to the . .
Cited – 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 . .
Cited – Malone v Commissioner of the Police for the Metropolis (No 2) ChD 28-Feb-1979
The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The . .
Cited – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Cited – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Cited – Klass And Others v Germany ECHR 6-Sep-1978
(Plenary Court) The claimant objected to the disclosure by the police of matters revealed during their investigation, but in this case, it was held, disclosure even after the event ‘might well jeopardise the long-term purpose that originally . .
Cited – Amann v Switzerland ECHR 16-Feb-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to interception of telephone call; Violation of Art. 8 with regard to creation and storing of information card; Preliminary objection . .
Cited – Khan v The United Kingdom ECHR 12-May-2000
Evidence was acknowledged to have been obtained unlawfully and in breach of another article of the Convention. The police had installed covert listening devices on private property without the knowledge or consent of the owner. UK national law did . .
Cited – Schenk v Switzerland ECHR 12-Jul-1988
The applicant had faced charges of hiring someone to kill his wife. He complained about the use of a recording of his telephone conversation with the man he hired recorded unlawfully by that man.
Held: The ECHR does not address issues about . .
Cited – Schenk v Switzerland ECHR 12-Jul-1988
The applicant had faced charges of hiring someone to kill his wife. He complained about the use of a recording of his telephone conversation with the man he hired recorded unlawfully by that man.
Held: The ECHR does not address issues about . .
Cited – Regina v Governor of Belmarsh Prison and Another Ex Parte Francis QBD 12-Apr-1995
Justices may not hear evidence from accomplices in extradition proceedings. Also foreign intercept evidence may be used in support of extradition proceedings. Extradition proceedings are not criminal proceedings as such, but may be sui generis. . .
Cited – Regina v Rasool, Choudhary CACD 5-Feb-1997
The defendants appealed against convictions for conspiracy to supply a controlled drug. . .
Cited – 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 . .
Cited – Regina v Owen; Regina v Stephen CACD 11-Nov-1998
A recorded prisoner’s telephone call from prison was admissible in evidence without the defence having any right to challenge it, where the interceptor established a presumption of consent to the interception because of warnings given to prisoners. . .

Cited by:

Cited – W, Regina v (Attorney General’s reference no 5 of 2002) CACD 12-Jun-2003
Three serving police officers provided confidential information to a known criminal. The Chief Constable authorised interception of telephones at a police station, a private network. The court accepted that section 17 prevented the defence asserting . .
Cited – Attorney General’s Reference (No 5 of 2002) HL 14-Oct-2004
The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a telephone tapping had been taken from a public or private network. A chief constable suspected that the defendants, . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Human Rights

Updated: 10 November 2022; Ref: scu.88580

Telegraaf Media Nederland Landelijke Media Bv And Others v The Netherlands: ECHR 22 Nov 2012

The ECtHR considered that, in cases of the targeted surveillance of journalists in order to discover their sources, prior review by an independent body with the power to prevent or terminate it was necessary. The point that the confidentiality of journalistic sources cannot be restored once it is destroyed.

Citations:

39315/06 – HEJUD, [2012] ECHR 1965

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Cited by:

Cited – Secretary of State for The Home Department v Davis MP and Others CA 20-Nov-2015
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law.
Held: The following questions were referred to the CJEU:
(1) Did the CJEU in Digital Rights Ireland intend to lay down . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media, Police

Updated: 06 November 2022; Ref: scu.465974

In re E (Minors) (Residence Orders: Imposition of Conditions): CA 30 Apr 1997

A residence order can not be accompanied by an order as to where a parent with care must live in the UK or with whom. An appeal may well arise in which a disappointed applicant will contend that section 13(1)(b) of the Children Act 1989 imposes a disproportionate restriction on a parent’s right to determine her place of habitual residence.
Butler-Sloss LJ said: ‘In my view the principles set out in a long line of authorities relating to leave to remove permanently from the jurisdiction have no application to conditions proposed under section 11(7).’

Judges:

Butler-Sloss LJ, Saville LJ, Thorpe LJ

Citations:

Times 16-May-1997, [1997] 2 FLR 638, [1997] EWCA Civ 3084

Links:

Bailii

Statutes:

Children Act 1989 8 11(7) 13(1)(b), European Convention on Human Rights 8 2

Jurisdiction:

England and Wales

Cited by:

Cited – In Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner) HL 26-Jul-2006
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence . .
Cited – In re H (Children: Residence order: Relocation) CA 30-Jul-2001
A court has the power under the Act to impose a condition on a residence order to prevent a proposed move within the UK. Such an order would be exceptional. In the absence of such a condition, there was nothing to require a parent with residence . .
Cited – In re B (A child) (Relocation) CA 24-Jul-2007
The mother appealed against a prohibited steps order preventing her taking the child of the family with her on her relocation to Northern Ireland.
Held: The making of an order either as a prohibited steps order or as a condition of a residence . .
Cited – Payne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Cited – In re F (Children) CA 27-Oct-2010
The mother appealed against refusal of a specific issue order requested to allow her to remove the four children with her from Cleveland to Stronsay in the Orkneys. Both parents were GPs and accepted to be excellent parents. She and her new partner . .
Lists of cited by and citing cases may be incomplete.

Children, Human Rights

Updated: 05 November 2022; Ref: scu.81862

Procurator Fiscal, Fort William v Mclean and Another: HCJ 11 Aug 2000

A rule which restricted the amount payable to a defendant to cover his legal fees in defending a case brought against him to pounds 550.00 was not an infringement of his human rights. To demonstrate a breach of the right to a fair trial, the defendant must show not only prejudice, but also some material disadvantage involving an actual and material risk of harm to his defence.

Citations:

Times 11-Aug-2000

Statutes:

Criminal Legal Aid (Fixed payments)(Scotland) Regulations 1999 (SI 1999 No 491)

Jurisdiction:

Scotland

Legal Aid, Human Rights

Updated: 05 November 2022; Ref: scu.85053

Harkins v The United Kingdom: ECHR 11 Jan 2017

Press release (extradition order to face trial for first-degree murder in the United States of America (USA))

Citations:

71537/14 (, [2017] ECHR 66

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Cited – Harkins v The United Kingdom ECHR 7-Jul-2017
. .

Cited by:

See Also – Harkins v The United Kingdom ECHR 31-Mar-2015
. .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 05 November 2022; Ref: scu.573648

Volchkova and Mironov v Russia: ECHR 28 Mar 2017

Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property (Article 1 para. 1 of Protocol No. 1 – Deprivation of property
ECHR Judgment : Pecuniary damage – award : Third Section

Citations:

45668/05, [2017] ECHR 278, [2021] ECHR 184

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 05 November 2022; Ref: scu.581390

Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: Admn 4 Sep 2012

It was said that a squad of the British army had caused the deaths of 24 civilians in 1948 in Batang Kali (now part of Malaysia.
Held: No inquiry was required. It was a matter of discretion, and there were no sustainable reasons for overturning the decisions of the respondents.

Judges:

Sir John Thomas P, Treacy J

Citations:

[2012] EWHC 2445 (Admin), [2012] WLR(D) 261

Links:

Bailii, WLRD

Statutes:

Inquiries Act 2005 1, Human Rights Act 1998, European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .

Cited by:

Appeal from – Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another CA 19-Mar-2014
In 1948, there had been an incident in what later became part of Malaysia, in a counter insurgency patrol, when 24 civilians were said to have been killed by a patrol from the Scots Guards. The claimant now appealed against the refusal of a further . .
At first instance – 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.

Coroners, Human Rights, Armed Forces

Updated: 04 November 2022; Ref: scu.463812

Aneva and Others v Bulgaria: ECHR 6 Apr 2017

Judgment : Remainder inadmissible Violation of Article 8 – Right to respect for private and family life (Article 8 – Positive obligation.) – Judgment : Preliminary objection joined to merits and dismissed (Article 35-1 – Exhaustion of domestic remedies) Violation of Article 8

Citations:

66997/13, [2017] ECHR 334

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 03 November 2022; Ref: scu.582079