Doughty Street - Human Rights Database

HRA Research Project - In collaboration with Doughty Street Human Rights Unit and the LSE Human Rights Centre

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.

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Displaying records 1 - 25 out of 424

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Name Of Case	Date	Court	Judge(s)	Types Of Proceedings	Subject Matter	ECHR Articles cited	Law in issue	Outcome on ECHR/HRA issue

R (Farrakhan) v Secretary of State for the Home Department 2002 EWCA Civ 606 TLR 6/5/02	30 April 2002	Court of Appeal	Lord Phillips MR , Arden LJ , Potter LJ	Appeal by Home Secretary of Judicial Review	Immigration	Article 10, Article 16	s 1 Immigration Act 1970 s 59 - 60 Immigration and Asylum Act 1999 Public Order Act 1986	On facts, interference with F’s freedom of expression (caused by his exclusion from UK) was lawful, as proportionate to legitimate aim of preventing disorder
R(A) v Partnerships in Care Ltd 2002 EWHC Admin 529 2002 All ER (D) 23 (Apr)	11 April 2002	High Court (Admin)	Keith J	Judicial review (preliminary issue)	Health, Mental health	Article 3, Article 8	s3(1) & 23 National Health Service Act 1977; s6 Human Rights Act 1998; Registered Homes Act 1984 CPR Part 54.1; NHS Regulations 747/2001; Reg 12(1) Nursing Homes & Mental Health Nursing Homes Regulations 1984 SI 1984/1528	On a preliminary issue: Hospital managers' decision to change the focus of a ward within a private hospital was i) an act of a public nature under s6 HRA 1998 and ii) within CPR 54.1, as a decision made "in relation to the exercise of a public function", and therefore amenable to judicial review
R (Green) v Police Complaints Commission (appellant) and Secretary of State for Home Department, Chief Constable of South Yorkshire Police, DS Lawrence, Liberty and the Crown Prosecution Service (interested parties) 2002 EWCA Civ 389 TLR 6/5/02	26 March 2002	Court of Appeal	Simon Brown LJ , Chadwick LJ , Hale LJ	Appeal (judicial review)	Police	Article 2, Article 3	Part IV Police Act 1996	Complainant not entitled to disclosure of witness statements made in course of a PCA investigation – no legitimate interest as an alleged victim of Art 2 and 3 breach entitling him to disclosure
R v Leonard Cheshire Foundation (a charity) & Another 2002 EWCA Civ 366 TLR 08.04.02	21 March 2002	Court of Appeal	Dyson LJ , Laws LJ , Lord Woolf CJ	Judicial review (appeal on preliminary issue)	Charities, Health	Article 8	s6 HRA 1998; ss21 & 26 National Assistance Act 1948 CPR Part 54	A charitable sector provider of residential care homes with whom local health and social services had arrangements to provide accommodation for persons owed a duty under s21 NAA 1948 did not perform a "public function" within s6 HRA 1998; obiter where such arrangements were entered into after 2 October 2000, local authorities might be required to contract in terms protecting residents’ Art 8 rights
R v Shayler 2002 UKHL 11 TLR 22/3/02	21 March 2002	House of Lords	Lord Bingham , Lord Hobhouse , Lord Hope , Lord Hutton , Lord Scott	Appeal (from pre-trial hearing)	Crime	Art 6(1), Article 10	ss 1 & 4 Official Secrets Act 1989s s 29 Criminal Procedure and Investigations Act 1996	No disproportionate interference with Art 10 in OSA 1989’s ban on release of documents and information gained in course of employment by former member of security forces
Rusbridger and Toynbee v Attorney General 2002 EWCA Civ 397	20 March 2002	Court of Appeal	Schiemann LJ , JonathanParker LJ , May LJ	Appeal against refusal to grant permission for judicial review	Media	Article 10	s 3 Treason Felony Act 1848	Permission to challenge s 3 TFA 1848 granted, on basis that incompatible with the right of freedom of expression to criminalise advocacy of republicanism
R (Bono) v Harlow District Council 2002 EWHC Admin 423	15 March 2002	High Court (QBD)	Richards J	Judicial review (substantive hearing)	Housing, Independent and impartial tribunal	Article 6	s63(3) Social Security Contributions and Benefits Act 1992 Reg 73(1) Housing Benefit (General) Regulations 1987	Obiter s 6(2)(b) HRA 1998 did not apply so as to protect from liability under s6 acts or decisions of a public authority under subordinate legislation where those acts, while permitted, were not required by the terms of the relevant enabling primary legislation
R(Prolife Alliance) v BBC & Others 2002 EWCA Civ 297	14 March 2002	Court of Appeal	Jonathan Parker , Laws LJ , Simon Brown LJ	Judicial review (appeal)	Freedom of expression	Article 10	Broadcasting Act 1990 s6(1); Broadcasting Act 1996, ss109 & 110 freedom of expression	Respondents’ refusal to transmit claimant's proposed party election broadcast on grounds of taste and decency unlawful as disproportionate interference with P’s freedom of expression
In Re S (FC) In Re S and Others In Re W and Others (FC) In Re W and Others (Second Appeal) (Consolidated Appeals) 2002 UKHL 10	14 March 2002	House of Lords	Lord Nicholls , Lord Browne-Wilkinson , Lord Hutton , Lord Mackay , Lord Mustill	Appeals	Family, HRA 1998	Article 6, Article 8	Children Act 1989 Parts III & IV	i) CA 1989 not incompatible with Arts 8 or 6 ECHR; ii) Court of Appeal's judicial innovation under s3 HRA 1998 of system of court supervision of implementation of care plans made under full care orders (W & B (Children): W (Child)(Care Plan) [2001] EWCA Civ 757) exceeded limits of interpretation under s3 HRA 1998 and breached CA 1989’s cardinal principle that full care order transfers responsibility for parental care to local authority; iii) obiter CA 1989 might contravene Art 8 rights of children who lack parent /guardian to bring any breach to court’s attention
Financial Times Ltd & Others v Interbrew SA 2002 EWCA Civ 274	08 March 2002	Court of Appeal	Sedley LJ , Longmore LJ , Ward LJ	Appeal (High Court)	Freedom of expression	Article 10	S10 Contempt of Court Act 1981 Norwich Pharmacal [1974] AC 133 jurisdiction	Guidelines for operation of s10 CCA 1981 compatibly with Art 10 ECHR in context of Norwich Pharmacal jurisdiction
R (Reynolds) v Secretary of State for Work & Pensions	07 March 2002	High Court (Admin)	Wilson J	Judicial review	Social/welfare benefits	Article 14, Article 3, Article 8, Protocol 1 Article 1	s4 Jobseekers Act 1995 Jobseekers Allowance Regulations 1996 SI 1996/207 irrationality	1) Contribution-dependent JSA (JSA(C)), but not income support, is "possession" under Art 1 Prot 1; 2) Arts 1 Prot 1 and 14 not breached by age-banding of payment levels of contribution-based JSA (setting different levels for single persons under and over 25-yrs), as discrimination not "manifestly without reasonable foundation", and therefore "justified" (allowing wide margin of discretion); 3) neither Art 8 nor Art 3 breached by amount of JSA (C) payments
R (McFayden) v Secretary of State for Home Department 2002 EWHC Admin 790	04 March 2002	High Court (Administrative)	Roderick Evans J	Judicial review	Prisoners	Article 8	s 39 Criminal Justice Act 1991 r 3 Prison Rules 1999	Art 8 not engaged by Home Office decision not to guarantee place on prison sex offender course to a recalled discretionary life prisoner, intended to decrease risk of reoffending and increase likelihood of future release
R(PG) v London Borough of Ealing, Ealing Hospital Managers & Scott 2002 EWHC Admin 250	28 February 2002	High Court (QBD)	Munby J	Judicial review (substantive hearing)	Civil procedure	Article 6, Other Article General ECHR/HRA obligations	CPR 54 and 8.6 High Court's inherent jurisdiction	Exceptionally, i) High Court's obligations under Art 6, and ii) intensity of review demanded by an alleged breach of Convention rights, may require the court to order oral cross-examination; power to do so arises from CPR 32.1, 3.1(2)(m) and / or inherent jurisdiction
Jones v 3M Healthcare Ltd & Others 2002 EWCA Civ 304	27 February 2002	Court of Appeal	Mummery LJ , Latham LJ , Pill LJ	Appeals (EAT)	Disability, Employment	Article 14, Article 3, Article 6, Article 8, Other Article Art 13	Disability Discrimination Act 1995, Part II (Employment), ss4 & 55	HRA 1998 inapplicable where originating facts occurred before 2 October 2000; arguments relying on Arts 3,6,8, 13 & 14 as an aid to construction of s4(2) DDA 1995 therefore misconceived
H (A Healthcare Worker) v Associated Newspapers Limited; A (A Healthcare Worker) v N (A Health Authority) 2002 EWCA Civ 195	27 February 2002	Court of Appeal	Carnwath LJ , Judge LJ , Lord Phillips MR	Appeal (High Court)	Freedom of expression, Health - confidentiality	Article 10	CPR 39.2 Inherent jurisdiction	Court has inherent jurisdiction to restrain publication of information made available in the course, or as a result of, conduct of proceedings where its disclosure would pre-empt court's decision on issues before it; correlate restriction of freedom of expression justified under Art 10(2)
R (Ponting) v (1) Governor HMP Whitemoor & (2) Secretary of State for the Home Department 2002 EWCA Civ 224	22 February 2002	Court of Appeal	Arden LJ , Clarke LJ , Schiemann LJ	Appeal (judicial review)	Prisoners	Article 6, Article 8	Prison Service Instruction 1/2/01	No breach of a disabled prisoner’s Art 6 right of access to legal advice and to court arising from imposition of conditions regulating use of computer facilities
T v Mental Health Review Tribunal & G (Interested Party)	22 February 2002	High Court (QBD)	Scott Baker J	Judicial review (substantive hearing)	Mental health	Article 2, Article 8	MHRT Rules SI 1983/942, r21(5) Pickering v Liverpool Daily Post & Another [1991] 2 AC 370	Where former partner (T, who was not party to the MHRT proceedings) of a patient (G) detained under ss37 & 41 MHA 1983, sought disclosure of MHRT’s reasons for, and conditions attached to, its decision to grant G deferred conditional discharge: i) Art 2 not engaged: even if G posed risk to T's life, this fell far short of threshold for positive obligations under Osman v UK ([1999] 1 FLR 193); ii) Art 8 not engaged: insufficient evidence before court to establish minimum level of severity for Art 8 engagement reached
International Transport Roth GmbH & others v Secretary of State for the Home Department 2002 EWCA Civ 158 TLR 26/2/02	22 February 2002	Court of Appeal	Laws LJ , Jonathan Parker LJ , Simon Brown LJ	Appeal (judicial review)	Immigration	Art 6(1), Art 6(2), Art 6(3), Article 6, Protocol 1 Article 1	Part II Immigration and Asylum Act 1999 The Carrier's Liability (Clandestine Entrants and Sale of Transporters) Regulations 2000 The Carrier's Liability (Clandestine Entrants)(Code of Practice) Order 2000	Declaration of incompatibility upheld (High Court, TLR 11.12.01) in relation to scheme under Pt II IAA 1999 to penalise carriers bringing clandestine entrants into UK, as in violation of: 1) Art 6, because in combination, reversed burden of proof; power to detain vehicles as security; and substantial inflexible penalties not fixed by an independent and impartial tribunal, amounted to a scheme criminal in nature; and 2) Art 1 Prot 1, given scale and inflexibility of penalties imposed on carriers
R (Mullen) v Secretary of State for the Home Department	21 February 2002	High Court (Divisional Court)	Simon Brown LJ , Scott Baker J	Judicial review (substantive hearing)	Independent and impartial tribunal	Article 6	s133 Criminal Justice Act 1988	Although SSHD was not “impartial and independent tribunal” under Art 6 when determining a claim for compensation under s133 CJA 1988, requirements of Art 6 were met because SS’s decisions are subject to court's supervisory jurisdiction, sufficiency of which, for purposes of Art 6, depends on facts of particular case (Bryan v UK [1996] 21 EHRR 342); where, as here, as issue was entirely one of statutory construction, review jurisdiction is sufficient, and s 133 CJA 1988 therefore compatible with Art 6
R v Jones 2002 UKHL 5	20 February 2002	House of Lords	Lord Bingham , Lord Hoffmann , Lord Hutton , Lord Nolan , Lord Rodger	Appeal (certified as question of general importance)	Crime - procedure	Art 6(3), Article 6	Common law as to trial in absence of accused	Discretion to commence a trial in the absence of an accused who had voluntarily absconded was not inconsistent with Art 6(1); discretion must however, be exercised very carefully
Lindsay v Customs & Excise Commissioners 2002 EWCA Civ 267	20 February 2002	Court of Appeal	Carnwath LJ , Judge LJ , Lord Phillips MR	Appeal (VADT)	Property, Taxation - procedure	Protocol 1 Article 1	Customs & Excise Management Act 1979, ss49, 141, 152 Excise Duties (Personal Reliefs) Order 1992 as amended by Excise Duties (Personal Reliefs) Order 1999 and Channel Tunnel (Alcoholic Liquor and Tobacco Products) Order 2000; Commissioners' policy DCL 13 July 2000	Commissioners' policy, pursuant to the Directive and 1992 Order, relating to forfeiture and restoration of vehicles discovered in use for transportation of dutiable goods on cross-border shopping trips held unlawful, as disproportionate interference with Art 1 Prot 1, in: i) providing that importation of dutiable goods on behalf of friends and family, but not for profit, is "commercial"; ii) failing to provide that value of vehicle in question is a consideration relevant to determination whether it should be forfeit
R (Ayres) v Secretary of State for Transport, Local Government and the Regions 2002 EWHC Admin 295 [2002] All ER (D) 131 (Mar)	19 February 2002	High Court (Admin)	Silber J	Appeal (planning inspector)	Planning	Article 8	s288 Town & Country Planning Act 1990	On the facts: i) interference with applicant's rights under Art 8 was proportionate to protection of the countryside in the public interest and other development plan considerations; ii) no evidence indicative of discrimination under Art 14 on grounds of gypsy status
Theakston v MGN Limited 2002 EWHC (QB) 137	14 February 2002	High Court (Queen's Bench Division)	Ouseley J	Application for interim injunction to restrain publication	Privacy	Article 10, Article 8	tort of breach of confidence	1) Effect of Art 8 and s 12(4) HRA is not to create a new tort of breach of privacy, but rather, in view of s 6(1) duty on courts, to inform the content the existing tort of breach of confidence; 2) no duty of confidence arises per se from acts of sexual intimacy
R (Denson) v Child Support Agency 2002 EWHC Admin 154	14 February 2002	High Court (QBD)	Munby J	Judicial review (substantive hearing)	Family, Property	Article 8, Protocol 1 Article 1	Child Support Act 1991	1) CSA 1991’s statutory scheme, and the Agency's administration of it, compatible with Arts 8 and Art 1 Prot 1; ii) Art 8 not engaged by CSA's decision to apply for a liability order under ss 33 & 34 CSA 1991 where interference alleged arose only by virtue of order's effect on applicant's state of mind and, potentially, his reputation
R (Bempoa) v Southward London Borough Council 2002 EWHC Admin 153	14 February 2002	High Court (Admin)	Munby J	Application for contempt proceedings	Housing	Article 8, Protocol 1 Article 1	Contempt	Eviction in breach of local authority’s earlier unqualified undertaking given to the court held unlawful under s 6 HRA 1998 as violation of Art 8

Commentary on case-law developments under HRA 1998

Commentary (EHRLR [2001] Issue 6)

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This database of cases compiles the series of Tables of Cases produced by HRA Research Project and published in the European Human Rights Law Review. The tables include cases reported in LAWTEL Human Rights interactive and Butterworths Human Rights Direct from case transcripts available since 2 October 2000. The table does not include cases from Northern Ireland or from Scotland, except judgments before the Judicial Committee of the Privy Council which are likely to have general effect.

* This table was also contributed to by Elena Martin Salgado

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