Court : House of Lords
..... further provision as to whether it is reasonable to continue to occupy accommodation is made in section 177 (as amended by the homelessness act 2002): (1) it is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic violence or other violence against him, or against - (a) a person who normally resides with him as a member of his family, or (b) any other person who might reasonably be expected to reside with ..... the county court, mr recorder rigby held that the reviewing officer had failed to take account of the decision in sidhu and the advice in paragraph 8.34 of the then code of guidance: [s]ome types of accommodation, for example, womens refuges, direct access hostels and night shelters, are intended to provide very short term temporary accommodation in a crisis and it should not be regarded as reasonable to continue to occupy such accommodation in the medium and longer term. ..... the act would be watered down and its protection removed from a whole class of persons that it was set up to help and for whom it was extremely important (sidhu, p 53). ..... in codona v mid-bedfordshire district council [2004] ewca civ 925, [2005] lgr 241, para 38, auld lj said that the duty of the authority was to secure the availability of suitable accommodation within a reasonable period of time, the reasonableness of the period depending on the circumstances of each case and ..... council accepted that he was owed the full duty in november 2005. .....
Tag this Judgment!Court : House of Lords
..... proceedings under part iv of the family law act 1996 (family homes and domestic violence) relating to the occupation of the family ..... shared residence order was made some time ago and has been working extremely well, but one of the parents has unexpectedly and unintentionally become homeless (perhaps because of domestic violence from a new partner). ..... from their inquiries it emerged that the family had been known to the local childrens services since 2003, having been referred by the police because of incidents of domestic violence ..... sometimes the error is irrelevant to the outcome; sometimes it is too trivial (objectively, or in the eyes of the decision-maker) to affect the outcome; sometimes it is obvious from the rest of the reasoning, read as a whole, that the decision would have been the same notwithstanding the error; sometimes, there is more than one reason for the conclusion, ..... children had been placed on the child protection register in april 2005 under the category of emotional and physical abuse ..... not married to one another and moved into the family home, which is rented from a registered social landlord in the mothers sole name, after all four of their ..... the emphasis on treating the family as a unit appears from section 1 which provides that a person is homeless for the purposes of the act if he has no accommodation, and that he is to be treated as having no accommodation if there is no accommodation which he together with any other person who normally resides with him .....
Tag this Judgment!Court : House of Lords
..... one party to a dispute is threatened with violence by the other party he is entitled to protection from such violence whether his contention in the dispute be right ..... the liability principle to be in any way inconsistent with the ratio of either hill v chief constable of west yorkshire [1989] ac 53 or brooks v commissioner of police of the metropolis [2005] ukhl 24, [2005] 1 wlr 1495, the two decisions of the house on which the chief constable most strongly relies. 46. ..... on the other hand there is what in brooks v commissioner of police of the metropolis and others [2005] 1 wlr 1495, para 30, lord steyn described as the core principle in hills case: hill v chief constable of west yorkshire ..... that whilst the attackers remained at large he was frightened for his own safety, not least because he lived in the same locality (see [2005] 2 all er 489, 511), but he did not suggest that anyone had threatened him. ..... this hearing took place before cox j, who heard no fresh evidence, in december 2005 and on 10 march 2006 she gave judgment in favour of the claimants: [2006] ewhc 360 (qb), [2006] ..... a fundamental right is a very serious thing and, happily, since the human rights act, it gives rise to a cause of action in domestic law. ..... in hill v chief constable of west yorkshire [1989] ac 53 were reviewed and affirmed by the house as recently as 2005 in brooks v commissioner of police of the metropolis [2005] ukhl 24, [2005] 1 wlr 1495 and i do not think that it is necessary to depart from them. .....
Tag this Judgment!Court : House of Lords
..... , assistance and treatment if he was so assessed ("the first duty"); (2) take reasonable steps to afford [mr brooks] the protection, assistance and support commonly afforded to a key eye-witness to a serious crime of violence ("the second duty"); (3) afford reasonable weight to the account that [mr brooks] gave and to act upon it accordingly ("the third duty"); (4) take reasonable steps to investigate the crime with all reasonable diligence ("the fourth duty"); and (5) take reasonable steps to ensure that ..... he continued [at 62g-64a]: "the conclusion must be that although there existed reasonable foreseeability of likely harm to such as miss hill if sutcliffe were not identified and apprehended, there is absent from the case any such ingredient or characteristic as led to the liability of the home office in the dorset yacht case. ..... for reasons elaborated at some length in my dissenting opinion in jd v east berkshire community nhs trust and others [2005] ukhl 23, i would be very reluctant to dismiss without any exploration of the facts a claim raised in a contentious and developing area of the law where fuller factual enquiry might enable a claimant to establish that a duty of care had ..... but the core principle of hill has remained unchallenged in our domestic jurisprudence and in european jurisprudence for many years. ..... but domestic legal policy, and the human rights act 1998, sometimes compel this result. .....
Tag this Judgment!Court : House of Lords
..... 553-554 lord denning mr discussed the two rival schools of thought on the relationship between international law and domestic law: the one saying that the rules of international law as they exist from time to time are "incorporated into english law automatically and considered to be part of english law unless they are in conflict with an act of parliament" and the other saying that they did not become part of english law unless adopted ..... an offence under section 3 above, intended to use or cause or permit the use of something to destroy or damage it, in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed (i) that the property, right or interest was in immediate need of protection; and (ii) that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances ..... have some doubt whether section 3 was ever intended to apply to conduct like the appellants' which, although causing damage to property in some cases, was entirely peaceable and involved no violence of any kind to any person ..... . it ruled ([2004] ewca crim 1981, [2005] qb 259) that the crime of aggression which the appellants claimed they were seeking to prevent was not a "crime" for the purposes of section 3 of the 1967 act, and that accordingly the issue of justiciability did not call .....
Tag this Judgment!Court : House of Lords
..... judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests ..... circumstances, mr owens emphasis was on the supposed effect and consequences of european court of justice case-law which, he submits, requires the court, through the prism of s.3 of the human rights act, to put some different interpretation on the scheme of the drug trafficking act (or, possibly, simply to declare it incompatible, although he did not stress this aspect, since it would not have any immediate domestic effect on the order made against his client). ..... on the basis that the judge should not have admitted evidence showing that the network was for the distribution of cannabis, the court of appeal (thomas lj, jack j and hh judge radford) [2005] ewca crim 368 were unable to see that there was an arguable ground of appeal. 47. ..... along the same lines in its admissibility decision in van offeren v the netherlands (application no 19581/04), 5 july 2005. 64. ..... the same decision for the same reasons in an application that related to confiscation proceedings in the netherlands in van offeren v the netherlands (application no 19581/04) decided 5 july 2005. 30. .....
Tag this Judgment!Court : House of Lords
..... of these, "membership of a particular social group" has proved the most difficult to define, but is increasingly being used to push the boundaries of refugee law into gender-related areas such as domestic violence, enforced family planning policies, and fgm: see t. ..... the notion of primary and secondary members of the family is relevant when the receiving state is considering how to implement the recommendation (in the final act of the conference that adopted the 1951 convention but not in the convention itself) that governments take the necessary measures to protect the refugee's family, especially with a view to ensuring that the unity of the family is maintained: hence if the head of the family meets the criteria for recognition ..... (2) far from the persecution that the pakistan women feared in r v immigration appeal tribunal, ex p shah [1999] 2 ac 629 by reason of their circumstances, namely ostracism by society and discrimination by the state in its failure to protect their fundamental human rights, the persecution here would result in a full acceptance by sierra leonean society of those young women who undergo the practice into adulthood, fit for marriage and to take a full part as women in the life of their communities. ..... the female genital mutilation act 2003 re-enacted this offence: see for scotland the prohibition of female genital mutilation (scotland) act 2005. .....
Tag this Judgment!Court : House of Lords
..... an effective official investigation into allegations of torture by state agents: aydin v turkey (1998) 25 ehrr 251 and assenov v bulgaria (1998) 28 ehrr 652; the duty to enact effective criminal laws to protect the vulnerable from article 3 ill-treatment by private individuals: a v united kingdom (1998) 27 ehrr 611; and the duty to take effective operational steps to guard against such ill-treatment: z v united kingdom (2001) 34 ..... many different considerations in play and the need in all but the clearest cases "to look at the problem in the round", as i put it in n v secretary of state for the home department (terrence higgins trust intervening) [2005] 2 ac 296, 329, para 88. 90. of course, any case involving torture will without more violate article 3 certainly torture as defined by article 1(1) of the united nations convention against torture: "severe pain or ..... 68 he said that, whereas state violence other than in the limited and specific cases allowed by the law is always unjustified, acts or omissions of the state which expose persons to suffering other than violence, even suffering which may in some instances be as grave from the victim's point of view as acts of violence which would breach article 3, ..... . for example, there are only two free hostels in london, one for women only which has a capacity of 15, the other for men who must be at ..... , as it requires the state - or, in the domestic context, the public authority - to refrain from treatment of the kind it describes .....
Tag this Judgment!Court : House of Lords
..... approach attracted the adverse criticism of some informed commentators: see poole, "of headscarves and heresies: the denbigh high school case and public authority decision making under the human rights act" [2005] pl 685; linden and hetherington, "schools and human rights" [2005] educational law journal 229; and, for a more ambivalent appraisal, davies, "banning the jilbab: reflections on restricting religious clothing in the light of the court of appeal in sb v ..... . although a different issue from seclusion, the assumption may be that women will play their part in the private domestic sphere while men will play theirs in ..... appreciation is particularly appropriate when it comes to the regulation by the contracting states of the wearing of religious symbols in teaching institutions, since rules on the subject vary from one country to another, depending on national traditions, and there is no uniform european conception of the requirements of 'the protection of the rights of others' and of 'public order'." 60. ..... the court there recognises the high importance of the rights protected by article 9; the need in some situations to restrict freedom to manifest religious belief; the value of religious harmony and tolerance between opposing or competing groups and of pluralism and broadmindedness; the need for compromise and balance; the role of the state in deciding what is necessary to protect the rights and freedoms of others; the variation of practice and tradition among member states .....
Tag this Judgment!Court : House of Lords
..... rose lj and newman j) accepted the magistrate's judgment that fairness did not call for exclusion of the statement, but was clear (para 60 of the judgment) that the common law and domestic statute law (section 78 of the police and criminal evidence act 1984) gave effect to the intent of article 15 of the international convention against torture and other cruel, inhuman or degrading treatment or punishment 1984 (1990, cm 1775), "the torture convention", to which ..... ." there is reason to regard it as a duty of states, save perhaps in limited and exceptional circumstances, as where immediately necessary to protect a person from unlawful violence or property from destruction, to reject the fruits of torture inflicted in breach of international law ..... thing to say, as in soering, that someone cannot be deported whilst there exists the possibility that he may be tortured or, indeed, as the dissentient minority said in mamatkulov and askarov v turkey (application nos 46827/99 and 46951/99, unreported, 4 february 2005), if they run a real risk of suffering a flagrant denial of justice quite another to say that the integrity of the court's processes and the good name of british justice requires that evidence be shut out whenever it .....
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