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 : 12 positive; 5 neutral; 6 negative; most recently considered: 2025. Subsequent citations: 205.
  HUMAN RIGHTS — Right to fair trial — Suspected international terrorist
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  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

  10 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 : 4 positive; 2 neutral; 1 negative; most recently considered: 2025. Subsequent citations: 110.
  DISCRIMINATION — Race — Less favourable treatment

  EDUCATION — School — Admissions
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  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; The Times, 5 December 2008, CA (Pill, Jacob, Etherton LJJ)

  01 Dec 2009 [2009] UKSC 9; [2010] 1 AC 464; [2009] 3 WLR 1270; [2010] 2 All ER 267; [2010] HRLR 10; [2009] WLR (D) 349; (2009) 159 NLJ 1737; The Times, 2 December 2009; Case details, SC(E) (Lord Hope of Craighead DPSC, Lord Scott of Foscote, Lord Brown of Eaton-under-Heywood JSC, Lord Neuberger of Abbotsbury MR, Lord Collins of Mapesbury JSC)

  Subsequent considerations : 1 neutral; most recently considered: 2014. Subsequent citations: 28.
  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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  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

  17 Case(s) considered

  4 Words & Phrases considered

  1 EU Enactment considered

  1 Statute considered

  1 International Agreement considered
• In re Guardian News and Media Ltd

  27 Jan 2010 [2010] UKSC 1; [2010] 2 AC 697; [2010] 2 WLR 325; [2010] 2 All ER 799; [2010] WLR (D) 13; Case details, SC(E)

  Subsequent considerations : 5 positive; 6 neutral; most recently considered: 2024. Subsequent citations: 227.
  HUMAN RIGHTS — Right to respect for private and family life — Interference with
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  HUMAN RIGHTS — Right to respect for private and family life — Interference with — Right to freedom of expression — Suspected terrorists challenging designation as such and obtaining orders prohibiting identification throughout proceedings — Press applying to discharge orders to enable identification of parties in full report of proceedings — Balance of Convention rights — Whether orders to be discharged — Human Rights Act 1998, Sch 1, Pt I, arts 8, 10

  6 Case(s) considered

  1 Statute 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: 76.
  CONFLICT OF LAWS — Jurisdiction under Council Regulation — Orders with respect to children
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  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; 1 neutral; most recently considered: 2024. Subsequent citations: 79.
  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: 72.
  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
• Ali v Birmingham City Council (Ibrahim v Birmingham City Council, Tomlinson v Birmingham City Council)

  07 Nov 2008 [2008] EWCA Civ 1228; [2009] PTSR CS11; [2009] 2 All ER 501; [2009] LGR 1; [2009] HLR 23, CA

  17 Feb 2010 (Secretary of State for Communities and Local Government intervening) [2010] UKSC 8; [2010] 2 AC 39; [2010] 2 WLR 471; [2010] PTSR 524; [2010] 2 All ER 175; [2010] LGR 401; [2010] WLR (D) 86; Case details, SC(E)

  Subsequent considerations : 2 positive; 2 neutral. Subsequent citations: 49.
  LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation
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  LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation — Local authority's reviewing officer determining simple issue of primary fact against applicant — Whether officer constituting “independent and impartial tribunal” — Whether such independence necessary — Whether review by officer an issue of primary fact and appeal to court or judicial review grounds sufficient to guarantee compliance with Convention right to fair hearing — Housing Act 1996, ss 202, 204 — Human Rights Act 1998, Sch 1, Pt I, art 6(1)

  LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation — Applicants asserting letter explaining consequences of refusal never received — Local housing authority officer reviewing cases and concluding authority's duty to applicants discharged — Applicants alleging review procedures not compatible with their rights to fair determination of civil rights — Whether local authority's statutory duty to homeless persons giving rise to “civil rights” — Housing Act 1996 (as amended by Homelessness Act 2002, ss 6(1), 7(1)(2), 8(1)(2), 18, Sch 1, para 16, Sch 2, para 1 and Housing and Regeneration Act 2008, s 314, Sch 15, Pt 1, para 7(2)), ss 193, 202, 204 — Human Rights Act 1998, Sch 1, Pt I, art 6(1)

  8 Case(s) considered

  1 Words & Phrases considered

  2 Statutes 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: 63.
  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
• Agbaje v Agbaje

  [2008] EWHC 3618 (Fam), Fam D (Coleridge J)

  20 Jan 2009 [2009] EWCA Civ 1; [2010] 1 AC 628; [2009] 3 WLR 835; [2009] 1 FLR 987, CA (Ward LJ, Longmore LJ, Jackson J)

  10 Mar 2010 [2010] UKSC 13; [2010] 1 AC 628; [2010] 2 WLR 709; [2010] 2 All ER 877; [2010] 1 FLR 1813; [2010] WLR (D) 71; Case details, SC(E) (Lord Phillips JSC, Lord Rodger JSC, Lady Hale JSC, Lord Collins JSC, Lord Kerr JSC)

  Subsequent considerations : 10 positive; 1 neutral; 1 negative; most recently considered: 2025. Subsequent citations: 78.
  HUSBAND AND WIFE — Financial provision — Financial relief
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  HUSBAND AND WIFE — Financial provision — Financial relief — Foreign decree — Marriage dissolved by foreign court — Foreign court ordering financial provision for wife — Wife applying to English court for financial relief — Whether “substantial ground” for granting leave to make application — Whether “appropriate” for English court to order financial relief — Whether forum non conveniens principles applicable — Relevance of hardship or injustice — Principles to be applied in determining amount of financial provision — Matrimonial and Family Proceedings Act 1984, ss 13(1), 16(1)(2)

  5 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered