Happy February! This week we have the last of our Human Rights case summaries from the UK Human Rights Blog. If you are not following them by now, please do check them out here Case Name: R (Catt) and R (T) v Commissioner of Police for the Metropolis [2015] UKSC 9 What's the case about? Mr … Continue reading R (Catt) and R (T) v Commissioner of Police for the Metropolis [2015] UKSC 9
Tag: Cases
Montgomery v Lanarkshire Health Board [2015] UKSC 11
Case name: Montgomery v Lanarkshire Health Board [2015] UKSC 11 What is the case about? This was the case in which the Supreme Court reacted to the “changing paradigm of the doctor-patient relationship”. Montgomery was not only one of the seminal cases in the law of clinical negligence in thirty years, it also recognised the importance of patient … Continue reading Montgomery v Lanarkshire Health Board [2015] UKSC 11
Liberty & Ors v Secretary of State for Foreign and Commonwealth Affairs and Ors [2015] UKIPTrib 13 77-H
Case Name: Liberty & Ors v Secretary of State for Foreign and Commonwealth Affairs and Ors What is this case about? This case involved the Edward Snowden leaks and revelations surrounding the US National Security Agency’s communications interception programme. Liberty and other NGOs cited breaches of Articles 8 and 10 ECHR as a result of … Continue reading Liberty & Ors v Secretary of State for Foreign and Commonwealth Affairs and Ors [2015] UKIPTrib 13 77-H
Google Inc v Vidal-Hall and others [2015] EWCA Civ 311
Case Name: Google Inc v Vidal-Hall and others [2015] EWCA Civ 311 What the case is all about? Can internet users obtain damages where their browsing activity is tracked without their consent and the information passed to third parties? In this case, the Court of Appeal decided that EU law gave them precisely that remedy. Google … Continue reading Google Inc v Vidal-Hall and others [2015] EWCA Civ 311
Evans v HM Attorney General [2015] UKSC 21
Case name: Evans v HM Attorney General [2015] UKSC 21 What's it all about? The case involved a failed attempt by the former Attorney General to prevent the disclosure of information that the Upper Tribunal had ruled ought to be made public under the Freedom of Information Act 2000 (FOIA). A Guardian journalist had, ten years … Continue reading Evans v HM Attorney General [2015] UKSC 21
Pretty v the United Kingdom [2002] ECHR 427
Another week, another seminal case. In Pretty v UK (2002) 35 EHRR 1, it was held , for the first time, I might add, that Article 3 ‘treatment’ can include mental suffering (at para 54). For more information on the Pretty case, please read it in full here: https://www.bailii.org/eu/cases/ECHR/2002/427.html
N. v. THE UNITED KINGDOM – 26565/05 [2008] ECHR 453
Another week, another big case related to medical law and immigration. Just like the previous case of D, in N v UK, the European Court of Human Rights found that there must be a real risk of imminent death in the receiving country (at para 23). Looking at D based on its facts, the Court found … Continue reading N. v. THE UNITED KINGDOM – 26565/05 [2008] ECHR 453
D. v. the United Kingdom (1997) ECHR 25
This case of D is probably one of the most well-known and widely-sighted cases. In the case of Article 3 medical claims based on physical illness, the threshold was set by D v United Kingdom (1997) 24 EHRR 423. It meant that the previous threshold test for Article 3 medical claims were unattainably high - Firstly, … Continue reading D. v. the United Kingdom (1997) ECHR 25
AM (Zimbabwe) (Appellant) v Secretary of State for the Home Department (Respondent) [2020] UKSC 17
This week, I am talking about mental health, and starting with a recent case that made all the difference - AM Zimbabwe. Previous mental health cases had found that individuals had to be at risk of imminent death at the point of the proposed removal to a third country in order to successfully resist removal. … Continue reading AM (Zimbabwe) (Appellant) v Secretary of State for the Home Department (Respondent) [2020] UKSC 17
R (Friends of the Earth et al) v Heathrow Airport Ltd [2020] UKSC 52
Last year the Supreme Court reversed a decision of the Court of Appeal and held that the Government policy on airport expansion at Heathrow was not unlawful on climate change grounds. The policy decision under challenge was an Airports National Policy Statement (ANPS) made in 2018, which set out the decision-making framework within which further … Continue reading R (Friends of the Earth et al) v Heathrow Airport Ltd [2020] UKSC 52