DATABASE OF CASES UNDER THE HUMAN RIGHTS ACT 1998

Claire O'Brien & Janet Arkinstall *

Please note that the Human Rights Act Research Project concluded its work in September 2002. Although correct at the time of writing, some of the information on these webpages (for example the database of cases under HRA 1998) is therefore historical and should not be considered as representing the present state of the law.

Venables and Thompson v News Group Newspapers Ltd and others
(2001) Fam 430 (2001) 2 WLR 1038 (2001) 1 All ER 908 (2001) HRLR 19 (2001) UKHRR 628 TLR 16/01/2001 2001 WL 14890

08 January 2001

High Court (Family Division)

Dame Butler-Sloss P

Applications for injunctions

Confidence,  Freedom of expression,  Privacy

Article 10,  Article 2,  Article 3,  Article 8

Common law of confidentiality

(i)Courts obliged by HRA to ensure ECHR compliance even in private law proceedings, but no free standing ECHR application in private law cases, court’s jurisdiction must be based upon existing causes of action; (ii)law of confidence can be extended to grant injunctions where evidence demonstrates real possibility of serious injury/death and no alternative means of prevention other than injunctions on Press

R v Marylebone Magistrates Court ex parte Clingham

11 January 2001

High Court (Queen's Bench Division, Divisional Court)

Schiemann LJ ,  Poole J

Appeal by way of case stated

Crime - evidence

Article 6

Civil Evidence Act 1995

Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999

R v Manchester Crown Court ex parte McCann (DC) (TLR 22.12.00)

(i) Nothing in HRA or ECHR jurisprudence leads to automatic exclusion of hearsay evidence in civil proceedings; (ii) ex parte McCann followed, proceedings for antisocial behaviour orders are civil proceedings and not criminal

Imutran Ltd v Uncaged Campaigns Ltd & Another
TLR 30/1/2001 (2001) EMLR 21 (2001) HRLR 31

11 January 2001

High Court (Chancery Division)

Sir Andrew Morritt VC

Application to continue temporary injunctions

Confidence,  Copyright,  Freedom of expression

Article 10

Jurisdiction to grant temporary relief restraining publication; public interest defences to breach of confidence and copyright

Pre-2 Oct 2000 tests in American Cynamid Co v Ethicon Ltd [1975] AC 396, NWL Ltd v Woods [1979] ICR 876 in practice unchanged by s12(3) HRA 1998; disclosure to relevant regulatory bodies may exhaust right to impart information under Art 10(1); no wider public interest defence to breach of copyright now than since HRA 1998 came into effect

R v Isleworth Crown Court, ex parte King
LTL 19/2/2001 ILR 19/2/2001 (2001) ACD 289

15 January 2001

High Court (Queen's Bench Division (Divisional Court))

Brooke LJ ,  Morison J

Judicial review (substantive hearing)

Crime - fair hearing,  Disability

Article 6

Court Procedure; s9 Equal Treatment Bench Book by Judicial Studies Board

i) Increased emphasis on fairness has accompanied coming into force HRA ii) despite pressure on Crown court to conduct proceedings economically, court has to avoid situations in which disabled defendant is kept waiting and faces prospect of appeal hearing going into the evening

Re O (a child)
LTL 15/1/2001 extempore TLR 20/2/2001 (2001) FLR 923

15 January 2001

Court of Appeal

Hale LJ ,  Cresswell LJ

Local authority’s appeal from County Court decision

Family

Article 8

Judicial discretion to grant orders in care proceedings

Where Art 8 engaged, proportionality is key and may require supervision order rather than care order; duty on all parties to ensure supervision order as least intrusive order is made to work

R v (1) Spear (2) Hastie and (3) Boyd
LTL 15/1/2001 TLR 30/1/2001 (2001) 2 WLR 1692 (2001) Crim LR 485

15 January 2001

Court Martial Appeals Court

Laws LJ ,  Goldring ,  Holman J

Appeals against convictions

Courts martial - independent and impartial tribunal

Article 6

Administrative procedures for the appointment of Permanent Presidents (PPs) to District Courts Martial

Contrary to Judge Advocate-General Pearson’s opinion in McKendry (06.03.00), Art 6(1) independence/ impartiality requirements satisfied by appointment conditions of PPs. Observations on ECHR’s role made by Laws LJ during oral proceedings do not imply view on merits of case

Cuff v Quinn
2001 EWCA Civ 36

15 January 2001

Court of Appeal

Thorpe LJ ,  Laws LJ ,  Penry-Davey J

Appeal from County Court (judgment summons in family ancillary relief proceedings).

Civil procedure

Art 6(3),  Article 6

Debtors Act 1869

Following Mubarak v Mubarak new procedures must be applied to applications for judgment summons involving committal to prison to comply with HRA.

Wildman v DPP
LTL 8/2/2001 TLR 8/2/2001 ILR 5/3/2001

23 January 2001

High Court (Queen's Bench Division (Divisional Court))

Woolf LCJ ,  Newman J

Appeal by way of case stated

Crime - procedure

Article 5,  Article 6

R v Havering Magistrates’ Court (TLR 07.02.01); Application for extension of custody time limits

Formal disclosure not necessary in an application for extending custody time limits; sufficient that defendant’s interests properly protected, by enabling defendant to test appropriateness of application

R v Sivewright
2001 EWCA Crim 94

23 January 2001

Court of Appeal

Henry LJ ,  Jack J ,  Sir Harry Ognall

Application for leave to appeal against sentence

Crime - sentencing

Article 6

Duty of sentencing judge to hold Newton hearing to establish facts

No injustice, unfairness or breach of Art 6 results from judge’s refusal to hold Newton hearing to establish facts in relation to applicant when his plea of guilty is based on facts that have already been heard during another defendant’s trial and subsequent conviction of intending to pervert the course of justice

Greenfield v Flather & Others
TLR 6/2/2001 (2001) 1 FLR 899 (2001) 1 WLR 1279

24 January 2001

Court of Appeal

Buxton LJ ,  Laws LJ ,  May LJ

Appeal from High Court decision on preliminary issue

Professional negligence

Article 8

Heads of damages recoverable in claim for medical negligence

Art 8 does not require grant of damages for loss of earnings to compensate mother staying at home following a birth caused by medical negligence

Bennett v Customs & Excise Commissioners
TLR 27/2/2001 (2001) HRLR 10

24 January 2001

High Court (Chancery Division)

Patten J

Appeal against decision of VATD Tribunal

Taxation - VAT Tribunal procedure

Article 6

VATA 1994; power to make new assessment under s73(1) following adjudication of earlier assessment which subsequently withdrawn

i) S73 not interpretable as prohibiting a new assessment in the relevant circumstances ii) res judicata, estoppel, abuse of process, and judicial review here adequately protected the taxpayer’s rights under Art 6; iii) s73(6) protected against undue delay

R (McCollum) v Home Secretary
LTL 24/1/2001 ILR 12/3/2001 (2001) ACD 312

24 January 2001

High Court (Queen's Bench Division)

Turner J

Judicial review (substantive hearing)

Immigration

Article 8

Immigration Rules HC 395 Rule 320(1); Policy Document Concession on Unmarried Partners; Immigration (European Economic Area) Order 1994 European Legislation Art 39 Treaty of Rome EEC Regulation 1612/68 Council Directive 68/360

Long-term same-sex partner outside scope of both i) “spouse” and “family member” in EC law; and ii) protection of private life under Art 8(1) ECHR

A-G v Times Newspapers Ltd & Others
LTL 25/1/2001 extempore ILR 30/1/2001 TLR 31/1/2001 (2001) 1 WLR 885 (2001) EMLR 19 (2001) EMLR 530

25 January 2001

Court of Appeal

Lord Phillips MR ,  Longmore LJ ,  Tuckey J

Appeal by A-G against order amending an undertaking

Freedom of expression

Article 10,  Protocol 1 Article 1

s12 HRA 1998;

AG v Guardian Newspapers (No 2) [1990] 1 AC 109

It is disproportionate to impose on newspaper the requirement to seek confirmation from A-G or court prior to publication that the facts that the newspaper intends to publish have been sufficiently brought into public domain so as to remove confidentiality from them

Taylor and another v Lawrence and another
2001 EWCA Civ 119

25 January 2001

Court of Appeal

Gibson LJ ,  Chadwick LJ ,  Keene LJ

Appeal

Land

Art 6(1)

Judicial bias

Applying the test of objective bias (DGFT v PAGB, CA, 21.12.00, no danger of bias breaching Art. 6 (1) where judge had his will prepared by one party’s solicitors

R v Crown Court at Liverpool and the Lord Chancellor, ex parte Shields
LTL 1/2/2001 ILR 12/3/2001 (2001) ACD 325 (2001) UKHRR 610

26 January 2001

High Court (Queen's Bench Division)

Brooke LJ ,  Elias J ,  Morison J

Judicial review (substantive hearing); Application for declaration that subordinate legislation was ultra vires if it could not be read compatibly with Convention (LCD notified)

Crime - equality of arms,  Crime - fair hearing

Article 6

S29(3) Supreme Court Act 1981

reg 48 of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989, as amended by Regulations 2000

In re Sampson [1987] 1 WLR 194

(i) ECHR does not require defects at trial to be immediately cured by High Ct; (ii) application to review Crown court’s refusal to amend legal aid order so as to provide for representation by QC at trial, notwithstanding that co-defendant was represented by QC and intended to mount cut-throat defence is refused on grounds of lack of High Ct jurisdiction; (iii) if following conviction the CA is satisfied that applicant has not received a fair trial by reason of inequality of arms, the CA will inevitably quash conviction

RSPCA v Attorney-General & Others

26 January 2001

High Court (Chancery Division)

Lightman J

Application for guidance

Charities

Article 10,  Article 11

RSPCA Rules (made under primary legislation; excluding certain categories of persons from membership)

RSPCA not a public authority and regulation of membership not a “public function” under HRA 1998 s6 RSPCA rules perhaps within scope of s21(1) HRA 1998; Art 11 includes right to exclude those honestly thought by society to damage its interests

R v (1) Hayward (2) Jones (3) Purvis
2001 EWCA Crim 168 TLR 14/2/2001 (2001) Crim LR 502 (2001) 3 WLR 125 (2001) 2 CAR 156

31 January 2001

Court of Appeal

Rose LJ ,  Goldring J ,  Hooper J

Appeals against conviction and against sentence/ guidance

Crime

Article 6

Principles to guide courts on whether to conduct trials in absence of defendant and/or legal representatives

Trial judge to exercise discretion with great care as to whether trial should take place in absence of defendant and/or his legal representatives; only in rare and exceptional cases, particularly if defendant is unrepresented, should trial take place

R v Fitton
LTL 2/2/2001

02 February 2001

Court of Appeal

Douglas Brown J ,  Henry LJ ,  Stephens QC

Appeal against conviction

Crime - fair hearing

Article 6

Effect of misdirection by trial judge; R v Francom and others (CA 31.07.00)

(i) Convention right in relation to which legislation can be incompatible has to be identified: there is no Convention right to have decisions reviewed; (ii) s3 HRA does not compel court to interpret s29(3) differently from previous decisions, because although in some cases a Convention breach will not be capable of review, that does not bring about further independent breach of Convention right

R v Weir
TLR 9/2/2001 ILR 14/2/2001 LTL 22/2/2001 (2001) 1 WLR 421 (2001) 2 All ER 216 (2001) Crim LR 656 (2001) 2 CAR 141

06 February 2001

House of Lords

Lord Bingham ,  Lord Clyde ,  Lord Hoffman ,  Lord Hope ,  Lord Hutton

Petition by DPP for extension of time to seek leave to appeal (and for leave to appeal) from CA’s decision to quash conviction

Crime - procedure

Article 2,  Article 3,  Article 6,  Article 8

s34 Criminal Appeal Act 1968

i) HL had no power to extend time to allow prosecution to seek leave to appeal to HL; ii) DPP’s human rights not engaged iii) DPP could appeal to HL by complying with not unreasonable time limit; iv) victims’ rights still protected even if prosecution not allowed to appeal to HL, as was the case in Scotland

J. A. Pye (Oxford) Ltd & Another v Graham and Another
TLR 13/2/2001 (2001) 2 WLR 1293 (2001) HRLR 27

06 February 2001

Court of Appeal

Mummery LJ ,  Keene LJ ,  Sir Martin Nourse

Appeal against order dismissing action for possession of land

Land,  Limitation

Protocol 1 Article 1

S15 Limitation Act 1980 s3 HRA 1998

Buckinghamshire County Council v Moran [1990] Ch 623

Art 1 Prot 1 not engaged; obiter: s3 HRA's principle of interpretation could be relied on in a post-2 Oct 2000 appeal even though appeal is against pre-2 Oct 2000 order made by court below.

R v Betts & Hall
LTL 9/2/2001 (2001) 2 CAR 257 (2001) Crim LR 754

09 February 2001

Court of Appeal

Kay LJ ,  Judge Advocate General ,  Penry Davey J

Appeals against conviction

Crime - fair hearing

Article 6

s.34 Criminal Justice and Public Order Act 1994;

Inferences to be drawn from failure to answer questions at interview; judge’s direction; Condron v UK (2000) 8 BHRC 290

A direction that leaves jury at liberty to draw adverse interference from fact not mentioned in interview, notwithstanding that jury may be satisfied as to plausibility of defendants’ explanation as to their failure to answer questions in interview, breaches Art 6(1)

Payne v Payne
TLR 9/3/2001 (2001) 1 FLR 1052 (2001) 2 WLR 1826 (2001) UKHRR 484 (2001) HRLR 28

13 February 2001

Court of Appeal

Butler Sloss P ,  Robert Walker LJ ,  Thorpe LJ

Appeal against refusal of residence order

Family

Article 8

Judicial discretion under s13(1)(b) Children Act 1989 in relation to permanent removal of child from jurisdiction

ECHR applicable in private proceedings; domestic law regarding applications for permanent removal compatible with ECHR in affording paramouncy to child’s welfare; no presumptions in favour of either parent making or resisting application to remove

R(N) v Governor HMP Dartmoor
TLR 19/3/2001 ILR 2/4/2001

13 February 2001

High Court (Queen's Bench Division)

Turner J

Judicial review (substantive hearing)

Family,  Prisoners

Article 8

Interpretation of PSI 41/1998: i) if subject to PSO 4400(requiring public officers to have regard to s4(1) Rehabilitation of Offenders Act 1974, in turn requiring that spent convictions be disregarded "for all purposes in law"); ii) whether PSI 41/1998 & IG 54/1994 create mandatory duty or discretion to inform social services of spent convictions iii) Art ECHR

i) “For all purposes in law” in ROA 1974 s4(1) has narrow meaning restricted to legal proceedings ii) PSI 41/1994, IG 54/1994 and Notes for Guidance impose mandatory duty on prison governors to disclose spent C&YPA 1993 Schedule 1 convictions to social services authorities iii) no breach Art 8: on correct construction of relevant prison ordinances and ROA 1974, any interference with Art 8(1) lawful and proportionate under Art 8(2), especially given 1) positive obligations on state under ECHR to protect rights of children & 2) general obligation on court to construct domestic statutes compatibly with international treaty obligations (here arising under International Convention on Rights of the Child)

Fuller v (1) Happy Shopper Markets Limited and (2) Nurdin & Peacock PLC
TLR 6/03/2001 (2001) 1 WLR 1681

14 February 2001

High Court (Chancery Division)

Lightman J

Action for possession and rent

Landlord and tenant

Protocol 1 Article 1

Common law remedy of distress, legal and equitable set-off

Remedy of distress involves serious interference with tenant’s rights under Art. 8 / Art. 1 Prot. 1, so that landlords must take into account human rights implications and ensure action in accordance with law before levying distress

R v Alden and Wright
LTL 15/2/2001 TLR 27/2/2001 ILR 26/3/2001 (2001) Crim LR 414 (2001) HRLR 683 (2001) 2 CAR 275

15 February 2001

Court of Appeal

Henriques J ,  Kennedy LJ ,  Owen J

Appeals against sentence

Crime - sentencing

Article 7

Willis 1975 1 WLR 292

i) On the facts there had been no actual increase in sentencing. ii) Art7 prohibits imposition of sentence greater than maximum penalty at the time offence was committed, and does not involve ECtHR in consideration of levels of sentencing within contracting states