Tag: Human Rights

Capeau v Belgium: ECHR 8 Jun 2011

42914/98, [2011] ECHR 1253
Bailii
European Convention on Human Rights
Citing:
See Also – Capeau v Belgium ECHR 13-Jan-2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-2; Not necessary to examine Art. 14.
The accused had been investigated for suspected arson but discharged by the court on the grounds that . .

Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 17 January 2022; Ref: scu.565712

Samira Achbita and Another v G4S Secure Solutions Nv: ECJ 31 May 2016

ECJ Fundamental rights – Directive 2000/78/EC – Equal treatment in employment and occupation – Concept of discrimination based on religion or belief – Distinction between direct and indirect discrimination – Justification – Company ban on the wearing of visible religious, political or philosophical symbols – Religious and ideological neutrality – Dismissal of a female employee of Muslim faith on account of her firm intention to wear an Islamic headscarf in the workplace

ECLI:EU:C:2016:382, C-157/15, [2016] EUECJ C-157/15, [2017] EUECJ C-157/15
Bailii, Bailii
Directive 2000/78/EC
European

Discrimination, Human Rights

Updated: 17 January 2022; Ref: scu.564910

ZS ‘Ezernieki’ v Lauku atbalsta dienests: ECJ 26 May 2016

ECJ (Judgment) Reference for a preliminary ruling – Agriculture – European Agricultural Guidance and Guarantee Fund – Regulations (EC) Nos 1257/1999 and 817/2004 – Support for rural development – Recovery of undue payments – Increase of the area declared during the five-year commitment period above the threshold provided for – Replacement of the original commitment by a new commitment – Non-compliance by the beneficiary with the obligation to submit an annual application for payment of aid – National legislation requiring the repayment of all aid paid over several years – Principle of proportionality – Articles 17 and 52 of the Charter of Fundamental Rights of the European Union

C-273/15, [2016] EUECJ C-273/15, ECLI:EU:C:2016:364
Bailii
Regulation (EC) 1257/1999, Regulation (EC) 817/2004, Charter of Fundamental Rights of the European Union 17 52

European, Human Rights, Agriculture

Updated: 17 January 2022; Ref: scu.564875

C A Webber (Transport) Ltd v Railtrack plc: CA 15 Jul 2003

A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the 1978 Act. Such an implication did not infringe the tenant’s human rights. Lex Services stood alone against a list of cases to the effect that where a notice was sent by one of the primary methods set down in s23, it was deemed to have been served, and s7 had no application.

Peter Gibson and Longmore LJJ
Times 05-Aug-2003, [2004] 1 WLR 320, [2003] EWCA Civ 1167
Landlord and Tenant Act 1927 23, Limitation Act 1978 7, Human Rights Act 1998, Landlord and Tenant Act 1954 25
England and Wales
Citing:
Per incuriam – Lex Services plc v Johns 1990
The section in the earlier Act was modified to give effect to the 1978 Act. . .
Cited – Sun Alliance and London Assurance Ltd v Hayman 1975
. .
Cited – Chiswell v Griffon Land and Estates Ltd CA 1975
Megaw LJ said: ‘Section 23 of the Landlord and Tenant Act 1927 lays down the manner in which service of a notice can be effected. It is provided, as what I may call at any rate the primary means of effecting service, that it is to be done either by . .
Cited – Italica Holdings SA v Bayadea 1985
. .
Applied – Galinski v McHugh 5-Oct-1988
A landlord’s notice under section 4 of the Landlord and Tenant Act 1954 had been served on the tenant’s solicitors, who had confirmed that they had authority to accept service. Later the tenant challenged the validity of the service.
Held: . .
Cited – Railtrack Plc v Gojra and Gojra CA 28-Nov-1997
The tenant served two notices under the Act.
Held: The tenant’s application was out of time. If the first notice was valid, a later notice did not act to restart time running and the application for a new tenancy had to be begun within four . .
Cited – Commercial Union Life Assurance Co Ltd v Moustafa 1999
A landlord gave notice to the original lessees of business premises, under section 17 of the 1995 Act. It was sent by recorded delivery to the lessees’ last known residential address but was returned to the sender by the Royal Mail. Nevertheless the . .
Cited – Blunden v Frogmore Investments Ltd CA 30-Apr-2002
The tenant had a lease of business premises. The premises were damaged in a terrorist attack, and the landlord served a notice terminating the lease. The lease gave the right to the landlord to determine the lease if the property was incapable of . .
Cited – Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD 9-May-2003
The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time.
Held: The combination of the various provisions meant that the landlord’s notice had irrevocably . .

Cited by:
Cited – Freetown v Assethold Ltd CA 14-Dec-2012
A party to an arbitration under the 1996 Act disputed whether the award had been served so as to leave that party out of time to appeal.
Rix LJ spoke of the common law as requiring proof of receipt, whereas the Interpretation Act deemed receipt . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Human Rights

Updated: 17 January 2022; Ref: scu.185687

Mackay and BBC Scotland v United Kingdom: ECHR 7 Dec 2010

Lech Garlicki, P
[2010] ECHR 1968, (2011) 53 EHRR 19, 10734/05
Bailii
European Convention on Human Rights
Citing:
See Also – Mackay and BBC Scotland v United Kingdom ECHR 17-Mar-2008
. .
See Also – Mackay And BBC Scotland v United Kingdom ECHR 14-Oct-2009
. .

Cited by:
Cited – A v British Broadcasting Corporation (Scotland) SC 8-May-2014
Anonymised Party to Proceedings
The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 16 January 2022; Ref: scu.564192

Human Rights Watch Inc and Others v The Secretary of State for The Foreign and Commonwealth Office and Others: IPT 16 May 2016

The Tribunal considered further allegations of unlawful police / GCHQ interception of private communications

Burton P, Mitting VP JJ
[2016] UKIPTrib 15 – 165-CH
Bailii
Regulation of Investigatory Powers Act 2000 8(4)
England and Wales

Police, Human Rights

Updated: 16 January 2022; Ref: scu.564197

McCann and Others v The United Kingdom: ECHR 6 Oct 1995

Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the Convention’. It would have been incumbent on the state to conduct a ‘thorough, impartial and careful examination of the circumstances surrounding the killing’ ‘It must also be borne in mind that, as a provision which not only safeguards the right to life but sets out the circumstances when the deprivation of life may be justified, Article 2 ranks as one of the most fundamental provisions in the Convention.
Together with Article 3 [‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’], it also enshrines one of the basic values of the democratic societies making up the Council of Europe.’
Article 2 creates not only a substantive obligation on the state not to kill people but, where there was an issue as to whether the state had broken this obligation, also a procedural obligation on the state to carry out an effective official investigation into the circumstances of the deaths.

Times 09-Oct-1995, Independent 06-Oct-1995, 18984/91, (1996) 21 EHRR 97, A324 (1995), [1995] ECHR 31, [1995] ECHR 31
Worldlii, Bailii
European Convention on Human Rights 2(1)
Human Rights
Cited by:
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
Cited – Regina v Police Complaints Authority ex parte Green HL 26-Feb-2004
Discovery was sought of statements created during the investigation of a complaint against a police officer. The claimant argued that a police officer had deliberately driven his car at him.
Held: The investigation by a separate police force . .
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 – 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 – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Cited – Van Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007
The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The . .
Cited – Bennett, Regina (on the Application of) v HM Coroner for Inner South London and others CA 26-Jun-2007
The deceased had been shot by the police, who mistakenly believed him to be armed. Judicial review was sought saying that the coroner had wrongly refused to leave to the jury the possible verdict of unlawful killing.
Held: The appeal was . .
Cited – Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
Cited – JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department HL 26-Nov-2008
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this.
Held: There existed a similar duty to hold an enhanced . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – McCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
Cited – Kent County Council, Regina (on The Application of) v HM Coroner for The County of Kent (North-West District) and Others Admn 15-Oct-2012
The council sought review of the coroner’s decision that the inquest would be an article 2 inquest and with a jury. The deceased was 14 years old and had taken methadone. In the months before his death, he had had involvement with the council’s . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Leading Case

Updated: 16 January 2022; Ref: scu.83503

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 original investigations had lacked the characteristic of independence of the subjects of the investigation.
The court said that: ‘it may be that sometime later, information purportedly casting new light on the circumstances of the death comes into the public domain’ and that ‘[t]he issue then arises as to whether, and in what form, the procedural obligation to investigate is revived’. It then gave examples including ‘deliberate concealment of evidence’ which only subsequently comes to light, or later items of evidence which ‘cast doubt on the effectiveness of the original investigation and trial’. However in para 70 the court accepted that it was not right to say that ‘any assertion or allegation can trigger a fresh investigative obligation under article 2’, but emphasised that ‘state authorities must be sensitive to any information or material which has the potential either to undermine the conclusions of an earlier investigation or to allow an earlier inconclusive investigation to be pursued further’.

[2007] ECHR 989, Times 12-Dec-2007, 32457/04
Bailii
European Convention on Human Rights
Human Rights
Citing:
See Also – Brecknell v The United Kingdom ECHR 6-Mar-2007
. .

Cited by:
Cited – MGN Limited v United Kingdom ECHR 18-Jan-2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous . .
Cited – McCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
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 . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Limitation

Updated: 16 January 2022; Ref: scu.262977

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 inquiry.
Held: The appeal failed.

Maurice Kay, Rimer, Fulford LJJ
[2014] 4 All ER 99, [2014] WLR(D) 138, [2015] 1 QB 57, [2014] 3 WLR 948
Bailii, WLRD
European Convention on Human Rights 2, Inquiries Act 2005 1, Human Rights Act 1998
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 . .
Appeal from – 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 . .

Cited by:
Appeal from – 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 . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Coroners, Armed Forces, Human Rights

Updated: 16 January 2022; Ref: scu.522605

C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful images of children were found. The searching officer asked the court for directions as to what to do.
Held: The privilege against self incrimination applied to statements and written material made or created by the defendant under compulsion. It did not apply to self-standing evidence such as the material in this case.

Evans-Lombe J
Times 08-Jun-2006, [2006] EWHC 1226 (Ch), [2007] 3 WLR 437
Bailii
Civil Procedure Act 1997 7, Civil Evidence Act 1968 14, Police and Criminal Evidence Act 1984 78
England and Wales
Citing:
Cited – Rank Film Distributors v Video Information Centre HL 1-Mar-1981
The plaintiffs claimed large-scale copyright infringement, and obtained Anton Pillar orders. The House considered the existence of the privilege against self-incrimination where the Anton Piller type of order has been made. The Court of Appeal had . .
Cited – Regina v Hertfordshire County Council ex parte Green Environmental Industries Limited, Moynihan CA 9-Oct-1997
There was no protection against self-incrimination where information was properly required by the Waste Regulation Authority to carry out its duties. . .
Cited – O Ltd v Z ChD 23-Feb-2005
The court was asked whether a search under a court order of a former employee’s computer for materials alleged to have been taken, which discovered material possession of which itself was a crime, infringed the defendant’s rights against self . .
Cited – Stott (Procurator Fiscal, Dunfermline) and Another v Brown PC 5-Dec-2000
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right . .
Cited – Rio Tinto Zinc Corporation v Westinghouse Electric Corporation, Re Westinghouse Electric Corpn Uranium Contract Litigation MDL Docket No 235 (No 2) HL 1977
The court considered a claim that a party was not compelled to give evidence where it might incriminate him: ‘No one is bound to furnish information against himself. It [the common law] says: ‘If a witness claims the protection of the court, on the . .
Cited – Warman International Ltd and Others v Envirotech Australia Pty Ltd and Others 1986
(Australia High Court) The court considered an application that the privilege against self incrimination be allowed to prevent a requirement to produce documents at court under a sub-poena: ‘Production is to the Court. Unless and until the contents . .
Cited – Downie and Others v Coe and Others (a Firm) CA 28-Nov-1997
A claim to a right of a witness against self incrimination must be made by that person in person on oath though substantiation elsewhere. . .
Cited – Triplex Safety Glass Co Ltd v Lancegaye Safety Glass (1934) Ltd 1939
A company is to have the benefit of protection against self incrimination just as much as an individual. A court is not bound without more, by a claim to the privilege by a party to litigation. . .
Cited – Attorney-General’s Reference (No 7 of 2000) CACD 29-Mar-2001
The defendant had been convicted of offences under the Insolvency Act. Evidence of his gambling was found in cheque stubs, bank statements, returned cheques and a betting file containing loose gambling statements by way of computer print outs . .
Cited – Regina v Kearns CACD 22-Mar-2002
The defendant had failed to account for the disappearance of a substantial part of his estate to the official receiver following his bankruptcy. He appealed his conviction for failing to provide an account, saying that the requirement to provide . .
Cited – Regina v Khan (Attorney-General’s Reference No 7 of 2000); Same v Saunders (AG Ref 10 of 2000); Same v Paul (AG Ref 9 of 2000); Same v Wakelin (AG Ref 8 of 2000) CACD 15-Jun-2000
Robbery committed on public transport, against young persons, will lead to a custodial sentence, save in wholly exceptional circumstances. There is a need to provide deterrence, for what has become a common crime. Sentences of between twelve and . .
Cited – Thompson Newspapers Ltd v Director of Investigation and Research 1990
(Supreme Court of Canada) The court considered a claim to exercise the privilege against self-incrimination.
Held: Whereas a compelled statement is evidence that would not have existed independently of the exercise of the powers of compulsion, . .
Cited – X and Y v The Netherlands ECHR 26-Mar-1985
A parent complained to the police about a sexual assault on his daughter a mentally defective girl of 16. The prosecutor’s office decided not to prosecute provided the accused did not repeat the offence. X appealed against the decision and requested . .
Cited – A T and T Istel Ltd v Tully HL 9-Sep-1992
The second plaintff had agreed to supply computer systems to a health authority. New owners of the company discovered allegations that the contract had been operated fraudulently. An order had been obtained for production of documents, but the order . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – Regina v Boyes 27-May-1861
A defendant seeking to avoid answering questions so as not to incriminate himself is to be given some understanding and latitude in respecting his own interpretation. The beneficiary of a pardon could be called upon to incriminate himself because he . .
Cited – Re Arrows Ltd No 4 HL 1995
The Court of Appeal had allowed an appeal from the judge who had directed that the transcripts of examinations of a director of an insolvent company under section 236 on the Director of the Serious Fraud Office undertaking that the transcripts would . .
Cited – Z And Others v The United Kingdom ECHR 10-May-2001
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – L v United Kingdom ECHR 2000
The court coinsidered a claim for the privilege against self-incrimination: ‘As held in Saunders v. United Kingdom . . the right not to incriminate oneself is primarily concerned with respecting the will of the accused person to remain silent and . .

Cited by:
Applied – Malik v Manchester Crown Court and others; Re A Admn 19-Jun-2008
The claimant was a journalist writing about terrorism. He had interviewed a man with past connections with Al-Qaeda, and he now objected to a production order for documents obtained by him in connecion with his writings. The court had acted on . .
Cited – Regina v S and A CACD 9-Oct-2008
The defendant appealed against his conviction under the 2000 Act for failing to disclose the key used to encrypt a computer file. He was subject to a control order as a suspected terrorist. As the police raided his house, they found the key had been . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Human Rights

Leading Case

Updated: 15 January 2022; Ref: scu.242224

Murtazaliyeva v Russia: ECHR 9 May 2017

ECHR Judgment : No violation of Article 6+6-3-b – Right to a fair trial Article 6 – Criminal proceedings Article 6 – Right to a fair trial
ECHR Judgment : Admissibility criteria : Manifestly ill-founded : Right to a fair trial : Grand Chamber

[2018] ECHR 1047, 36658/05, [2017] ECHR 432
Bailii, Bailii
European Convention on Human Rights
Human Rights

Human Rights

Updated: 14 January 2022; Ref: scu.607564