Results: 86

• Secretary of State for the Home Department v AF (No 3) (Secretary of State for the Home Department v AM, Secretary of State for the Home Department v AN, Secretary of State for the Home Department v AE)

  10 Mar 2008 (No 2) [2008] EWHC 453 (Admin); [2008] ACD 53, QBD (Stanley Burnton J)

  09 Apr 2008 (No 3) [2008] EWHC 689 (Admin); [2008] 4 All ER 340; The Times, 25 April 2008, QBD (Stanley Burnton J)

  17 Oct 2008 [2008] EWCA Civ 1148; [2010] 2 AC 269; [2009] 2 WLR 423; [2009] 2 All ER 602; The Times, 29 October 2008, CA

  10 Jun 2009 [2009] UKHL 28; [2010] 2 AC 269; [2009] 3 WLR 74; [2009] 3 All ER 643; 26 BHRC 738; The Times, 11 June 2009; [2009] WLR (D) 180, HL(E)

  Subsequent considerations : 10 positive; 4 neutral; 5 negative; most recently considered: 2021. Subsequent citations: 147.
  HUMAN RIGHTS — Right to fair trial — Suspected international terrorist
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  Case index catchwords

  HUMAN RIGHTS — Right to fair trial — Suspected international terrorist — Home Secretary issuing non-derogating control orders — Court hearing to consider whether Home Secretary's decision flawed — Some or all of material not disclosed to controlee — Special advocates appointed to represent controlee with sight of closed material not disclosed to controlee — Whether hearing necessarily unfair absent disclosure to controlee of irreducible minimum of information — Whether procedure in breach of controlee's Convention right to fair trial — Human Rights Act 1998, Sch 1, Pt I, art 6 — Prevention of Terrorism Act 2005, s 3(10), Sch, para 4 — CPR, Pt 76

  8 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered
• R (E) v Governing Body of JFS (United Synagogue intervening) (R (E) v Schools Adjudicator (British Humanist Association intervening))

  03 Jul 2008 [2008] EWHC 1535 (Admin); [2008] EWHC 1536 (Admin); [2008] ELR 445, QBD (Munby J)

  25 Jun 2009 [2009] EWCA Civ 626; [2009] PTSR 1442; [2009] 4 All ER 375; [2009] WLR (D) 209, CA (Sedley, Smith, Rimer LJJ)

  16 Dec 2009 [2009] UKSC 15; [2010] 2 AC 728; [2010] 2 WLR 153; [2010] PTSR 147; [2010] 1 All ER 319; [2009] WLR (D) 366; Case details, SC(E)

  Subsequent considerations : 3 positive; 1 neutral; 1 negative. Subsequent citations: 94.
  DISCRIMINATION — Race — Less favourable treatment

  EDUCATION — School — Admissions
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  Case index catchwords

  DISCRIMINATION — Race — Less favourable treatment — Oversubscribed Jewish school giving priority to children recognised as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976, s 1(1)(a), (1A) (as inserted by Race Relations Act 1976 (Amendment) Regulations 2003, reg 3)

  EDUCATION — School — Admissions — Faith school's oversubscription policy — Priority for children designated as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976, s 1(1)(a), (1A) (as inserted by Race Relations Act 1976 (Amendment) Regulations 2003, reg 3)

  DISCRIMINATION — Race — Less favourable treatment — Oversubscribed Jewish school giving priority to children recognised as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976 (as amended by Race Relations Act 1976 (Amendment) Regulations 2003, regs 3, 4 and Race Relations Act 1976 (Amendment) Regulations 2008, reg 2), ss 1(1)(a)(1A), 3

  EDUCATION — School — Admissions — Faith school's oversubscription policy — Priority for children designated as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976 (as amended by Race Relations Act 1976 (Amendment) Regulations 2003, regs 3, 4 and Race Relations Act 1976 (Amendment) Regulations 2008, reg 2), ss 1(1)(a)(1A), 3

  9 Case(s) considered

  1 Statute considered
• R (Barclay) v Lord Chancellor and Secretary of State for Justice

  18 Jun 2008 [2008] EWHC 1354 (Admin); [2010] 1 AC 464; [2008] 3 WLR 867; [2008] UKHRR 1284, QBD (Wyn Williams J)

  02 Dec 2008 [2008] EWCA Civ 1319; [2010] 1 AC 464; [2009] 2 WLR 1205, CA

  01 Dec 2009 [2009] UKSC 9; [2010] 1 AC 464; [2009] 3 WLR 1270; [2010] 2 All ER 267; [2009] WLR (D) 349; Case details, SC(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 20.
  HUMAN RIGHTS — Jurisdiction — Channel Islands

  HUMAN RIGHTS — Right to fair trial — Interference with

  HUMAN RIGHTS — Right to free elections — Interference with
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  Case index catchwords

  HUMAN RIGHTS — Jurisdiction — Channel Islands — United Kingdom declaring Convention for Protection of Human Rights and Fundamental Freedoms extending to Island of Sark as dependent territory — Whether Human Rights Act 1998 extending to Sark — Ministers and Privy Counsellors advising Queen to give Royal Assent to Laws proposed by legislature of Sark — Whether advisers acting as “public authority” — Human Rights Act 1998, s 6 — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), art 56, First Protocol, art 4

  HUMAN RIGHTS — Right to fair trial — Interference with — Sark Law providing for Sark judge to sit in Sark legislature — Whether judge independent and impartial tribunal — Whether Law infringing Convention right to fair trial — Human Rights Act 1998, Sch 1, Pt I, art 6(1)

  HUMAN RIGHTS — Right to free elections — Interference with — Sark Law providing for officials to sit as unelected members of Sark legislature and prohibiting aliens from standing for election to legislature — Whether impairing “free expression of the opinion of the people in the choice of the legislature” — Whether infringing Convention right to free elections — Whether “people” limited to citizens — Whether law breaching right of citizen of European Union to stand as candidate at “municipal elections” — Human Rights Act 1998, Sch 1, Pt II, art 3 — EC Treaty, art 19(1)EC

  16 Case(s) considered

  4 Words & Phrases considered

  1 EU Enactment considered

  1 Statute considered

  1 International Agreement considered
• In re I (A Child) (Contact Application: Jurisdiction) (Centre for Family Law and Practice intervening)

  28 May 2009 [2009] EWHC 1378 (Fam); [2009] Fam Law 805, Fam D (Judge Barnett)

  21 Jul 2009 [2009] EWCA Civ 965; [2009] Fam Law 1134, CA (Thorpe, Scott Baker and Sullivan LJJ)

  01 Dec 2009 [2009] UKSC 10; [2010] 1 AC 319; [2009] 3 WLR 1299; [2010] 1 All ER 445; [2010] 1 FLR 361; [2010] 1 FLR 361; [2010] 1 FCR 200; The Times, 4 December 2009; [2009] WLR (D) 351; [2010] Fam Law 237; Case details, SC(E) (Lord Hope JSC, Lady Hale JSC, Lord Collins JSC, Lord Kerr JSC, Lord Clarke JSC)

  Subsequent considerations : 4 positive. Subsequent citations: 64.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children — Mother seeking contact order in respect of child habitually resident in Pakistan — Council Regulation allowing “opt in” to jurisdiction of courts of member state not otherwise having jurisdiction — Requirement that jurisdiction accepted by “all parties to the proceedings at the time the court is seised” — Whether Regulation applicable to child habitually resident outside European Union — Whether court having jurisdiction to make contact order — Whether acceptance of jurisdiction necessary before seisin — Family Law Act 1986, ss 1(1)(a), 2(1) (as substituted by Children Act 1989, s 108(5), Sch 13, para 63 and European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005, reg 8(1)(2) and as amended by Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005, art 5) — Council Regulation (EC) No 2201/2003, art 12(3)

  2 Case(s) considered

  1 Words & Phrases considered
• R v Horncastle (R v Carter (David Michael), R v Marquis)

  22 May 2009 [2009] EWCA Crim 964; [2010] 2 AC 373; [2010] 2 WLR 47; [2009] 4 All ER 183; [2009] 2 Cr App R 230; [2009] WLR (D) 173, CA

  09 Dec 2009 [2009] UKSC 14; [2010] 2 AC 373; [2010] 2 WLR 47; [2010] 2 All ER 359; [2010] 1 Cr App R 194; [2009] WLR (D) 358; Case details, SC(E)

  Subsequent considerations : 4 positive. Subsequent citations: 38.
  CRIME — Evidence — Hearsay
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  CRIME — Evidence — Hearsay — Victims giving written statements but unavailable at trial — Statements admitted in evidence — Whether statements constituting sole or decisive evidence — Whether admission infringing defendants’ Convention right to fair trial — Whether convictions safe — Human Rights Act 1998, Sch 1, Pt I, art 6(1)(3)(d) — Criminal Justice Act 2003, s 116

  5 Case(s) considered
• R (BA (Nigeria)) v Secretary of State for the Home Department (R (PE (Cameroon)) v Secretary of State for the Home Department, R (Etame) v Secretary of State for the Home Department)

  23 May 2008 [2008] EWHC 1140 (Admin); [2008] 4 All ER 798; [2009] Imm AR 61, QBD (Blake J)

  26 Feb 2009 [2009] EWCA Civ 119; [2009] QB 686; [2009] 2 WLR 1370; [2009] INLR 284; The Times, 23 March 2009, CA

  26 Nov 2009 [2009] UKSC 7; [2010] 1 AC 444; [2009] 3 WLR 1253; [2010] 2 All ER 95; [2010] Imm AR 363; [2010] INLR 307; [2009] WLR (D) 344; The Times, 1 December 2009; Case details, SC(E)

  Subsequent considerations : 2 negative. Subsequent citations: 47.
  IMMIGRATION — Asylum — Appeal
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  Case index catchwords

  IMMIGRATION — Asylum — Appeal — Claimants' asylum and human rights claims rejected — Deportation orders made — Claimants making representations on asylum and human rights grounds for revocation of deportation orders — Secretary of State refusing to revoke deportation orders — Whether claimants' rights of appeal to Asylum and Immigration Tribunal against refusals exercisable from within United Kingdom — Whether rights so exercisable only where “asylum claim” or “human rights claim” fresh — Nationality, Immigration and Asylum Act 2002, ss 92(4)(a), 113 — Statement of Changes in Immigration Rules (1994) (HC 395), r 353

  7 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered
• R (Purdy) v Director of Public Prosecutions

  29 Oct 2008 [2008] EWHC 2565 (Admin); (2008) 104 BMLR 231; [2009] HRLR 7; The Times, 17 November 2008; [2009] UKHRR 94, DC (Scott Baker LJ, Aikens J)

  19 Feb 2009 [2009] EWCA Civ 92; [2009] 1 Cr App R 32; (2009) 106 BMLR 170; (2009) 159 NLJ 309; The Times, 24 February 2009; [2009] UKHRR 1005, CA (Lord Judge CJ, Ward, Lloyd LJJ)

  30 Jul 2009 (Society for the Protection of Unborn Children intervening) [2009] UKHL 45; [2010] 1 AC 345; [2009] 3 WLR 403; [2009] 4 All ER 1147; [2010] 1 Cr App R 1; 106 BMLR 170; [2009] WLR (D) 271; (2009) 179 NLJ 1175; [2009] UKHRR 1104, HL(E) (Lord Phillips of Worth Matravers, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury)

  Subsequent considerations : 1 neutral. Subsequent citations: 46.
  CRIME — Aiding and abetting — Suicide
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  CRIME — Aiding and abetting — Suicide — Terminally ill claimant proposing suicide in country where assisted suicide lawful— Director of Public Prosecutions refusing to disclose factors he would take into account in deciding whether husband would be prosecuted for complicity in suicide if he assisted her to travel abroad— Convention right to respect for private life— Whether engaged— Whether statutory interference with right “in accordance with the law”— Whether Director to be required to promulgate offence-specific policy identifying facts and circumstances to be taken into account in deciding whether prosecution to be brought— Whether acts in England assisting person to travel to country where assisted suicide lawful for purpose of there committing suicide within scope of statutory offence— Suicide Act 1961 (9 & 10 Eliz 2, c 60), s 2(1)(4) (as amended by Criminal Law Act 1967 (c 58), Sch 3, Pt II and Criminal Jurisdiction Act 1975 (c 59), Sch 6, Pt I) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8(1)(2)

  5 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• R (A) v Director of Establishments of the Security Service

  18 Feb 2009 [2009] EWCA Civ 24; [2010] 2 AC 1; [2009] 3 WLR 717; [2009] 3 All ER 416, CA

  09 Dec 2009 [2009] UKSC 12; [2010] 2 AC 1; [2010] 2 WLR 1; [2010] 1 All ER 1149; [2009] WLR (D) 356; Case details, SC(E)

  Subsequent considerations : 1 positive. Subsequent citations: 26.
  TRIBUNAL — Statutory — Investigatory Powers Tribunal
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  Case index catchwords

  TRIBUNAL — Statutory — Investigatory Powers Tribunal — Security Service refusing consent for publication by former member of service of material describing his work for service — Former member claiming judicial review on ground refusal breaching Convention right to freedom of expression — Whether claim “proceedings against any of the intelligence services” or against Crown — Whether Investigatory Powers Tribunal “appropriate court or tribunal” in which proceedings to be brought — Whether tribunal having exclusive jurisdiction — Human Rights Act 1998, s 7(1)(a) — Regulation of Investigatory Powers Act 2000, s 65(2)(a)(3)(a)

  7 Case(s) considered

  2 Words & Phrases considered

  2 Statutes considered
• Norris v Government of the United States of America (No 2)

  15 May 2009 [2009] EWHC 995 (Admin), DC

  24 Feb 2010 [2010] UKSC 9; [2010] 2 AC 487; [2010] 2 WLR 572; [2010] 2 All ER 267; [2010] WLR (D) 52; Case details, SC(E)

  Subsequent considerations : 2 positive; 4 neutral; most recently considered: 2023. Subsequent citations: 273.
  EXTRADITION — Compatibility with Convention rights — Right to respect for family life
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  EXTRADITION — Compatibility with Convention rights — Right to respect for family life — Proposed extraditee claiming serious adverse consequences of extradition for self and family — Whether consequences disproportionate to strong public interest in prevention of crime — Whether gravity of alleged offence material consideration — Whether consequences to be considered including effects of extradition on family members — Whether extradition compatible with Convention right to respect for family life — Human Rights Act 1998, Sch 1, Pt I, art 8 — Extradition Act 2003, s 87(1)

  5 Case(s) considered

  2 Statutes considered

• Office of Fair Trading v Abbey National plc

  24 Apr 2008 [2008] EWHC 875 (Comm); [2008] 2 All ER (Comm) 625, QBD (Andrew Smith J)

  26 Feb 2009 [2009] EWCA Civ 116; [2010] 1 AC 696; [2009] 2 WLR 1286; [2009] 1 All ER (Comm) 1097, CA

  25 Nov 2009 [2009] UKSC 6; [2010] 1 AC 696; [2009] 3 WLR 1215; [2010] 1 All ER 667; [2010] 1 Lloyd's Rep 281; [2009] WLR (D) 341; Case details, SC(E)

  Subsequent citations: 11.
  CONTRACT — Penalty — Bank charges

  FAIR TRADING — Contract — Unfair terms
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  Case index catchwords

  CONTRACT — Penalty — Bank charges — Whether charges for unauthorised overdrafts constituting penalties at common law

  FAIR TRADING — Contract — Unfair terms — Banks charging personal current account customers when making payments from accounts containing insufficient funds — Office of Fair Trading conducting investigation into fairness of such charges — Whether assessment of fairness of charges relating to adequacy of price or remuneration for services supplied in exchange — Whether charges exempt from assessment as to fairness — Unfair Terms in Consumer Contracts Regulations 1999, reg 6(2)(b)

  6 Case(s) considered

  1 EU Enactment considered

  1 Statutory Instrument considered