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
..... 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
..... 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
..... 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
..... in cases where the child is not "in need of special protection", that is where the offences do not involve sex, kidnapping, cruelty or violence, the court may also disapply the rule in favour of video recording and live link, if it is satisfied that it "would not be likely to maximise the quality of the [child's] evidence" (section ..... by the common law and statute to enable children to give evidence in criminal trials: removing the accused from the sight though not the hearing of a witness (r v smellie (1919) 14 cr app r 128); setting up screens to prevent the witness seeing or being seen from the dock (r v x, y and z (1990) 91 cr app r 36); allowing a child to give evidence by live television link (criminal justice act 1988, s 32); and admitting a video recorded interview as the child's evidence in chief (criminal justice ..... however, this cannot mean that the strasbourg court would regard our domestic legal system as so set in stone that parliament is not entitled to modify or adapt it to meet modern conditions, provided that those adaptations comply with the essential requirements of article ..... parliament having decided that this is justified, the domestic legal system is entitled to adopt the general practice without the need to show special justification in every ..... the introduction of article 6(3)(d) into english domestic law has therefore not altered the position in ..... stressed that the strasbourg case law should be seen in the light of the traditions of our domestic legal system. .....
Tag this Judgment!Court : House of Lords
..... it gave written reasons for its decision, referring to the serious nature of the appellant's offences, his past record of violence, his refusal to undertake courses in prison to address his offending behaviour, his use of class a drugs in prison, his failing of a recent mandatory drugs test and his complete ..... act protects convention rights in a way that differs from the way that common law rights are protected ..... the convention requirement because article 5(4) requires that the continuing detention must be judicially supervised and because our own domestic law requires that bodies acting judicially, as a court would act, must conduct their proceedings in a way that is procedurally fair. ..... which i would draw from the observations which the court made in brown's case, and from the fact that in neither kerr nor in ganusauskas was a breach of the article 6 civil right even contemplated, is that the article 6 civil right is not infringed by proceedings of the kind that are in issue in this case, so long as the individual has access to the domestic courts to assert his ..... that the right to liberty is a civil right (for example, aerts v belgium judgment of 30 july 1998, reports 1998-v, para 59), the court notes that this applicant may bring proceedings in the domestic courts to assert the unlawfulness of his detention and claim damages at any time. ..... the fact that the domestic courts might reject such claims, as happened in this case, does not affect the availability of access to court for .....
Tag this Judgment!Court : House of Lords
..... it may also be helpful, in any future case under article 3 where the threatened harm emanates not (as here) from non-state agents, nor (as expressly envisaged in the soering line of cases) "from intentionally inflicted acts of the public authorities" (to quote para 49 of d v united kingdom 24 ehrr 423, 447), but rather from non-conforming behaviour by (perhaps quite junior) official agents, to apply by analogy the approach adopted by the majority of the court of appeal in the asylum case of svazas ..... concedes (certainly for the purposes of this litigation) that on return to lithuania the appellants would be at real risk of serious injury by non-state agents; mr nicol for his part concedes that lithuania provides a reasonable level of protection against violence of the sort threatened here. ..... ordinarily, of course, article 3 operates to constrain the actions of a contracting state within its own borders "domestic cases" as lord bingham of cornhill called them in r (ullah) v special adjudicator [2004] 2 ac 323, 340-341 paras 7 and 9. 7. ..... d, however, was a very exceptional case just how exceptional has recently been made clear by the decision of this house in n (fc) v secretary of state for the home department [2005] ukhl 31 and the present appellants cannot and do not seek to rely upon it. 29. .....
Tag this Judgment!Court : House of Lords
..... disclosed to the person concerned or any other person be likely to: (a) adversely affect the health, welfare or safety of the person concerned or any other person; (b) result in the commission of an offence; (c) facilitate an escape from lawful custody or the doing of any act prejudicial to the safe keeping of persons in such custody; (d) impede the prevention or detection of offences or the apprehension or prosecution of suspected offenders; (e) be contrary to the interests of national security; or (f) otherwise cause substantial harm ..... case relied upon by keene lj at para 49 of his judgment in sim see para 99 above) concerned what was then the domestic law requirement for the compulsory detention of mental patients that their mental illness was amenable to treatment. ..... the commissioners, as of the parole board in england and wales, must be to protect the safety of the public, with which neither body is entitled to gamble: r v parole board, ex p watson [1996] 1 wlr 906, 916-917, r (west) v parole board [2005] ukhl 1, [2005 1 wlr 350, para 30. ..... agreement reached at multi-party talks on northern ireland and signed on 10 april 1998 (cm 3883) had as its political objective to break the cycle of political and sectarian violence which had disfigured the life of the province over a number of years. ..... if the respondent is incapable of avoiding situations of obvious risk and potential violence, even then the commissioners would not be able to say that if released immediately he would not be .....
Tag this Judgment!Court : House of Lords
..... i have, for my part, some difficulty in appreciating how seclusion can be said to show any lack of respect for a patient's private and family life, home or correspondence, if it is used as the only means of protecting others from violence or intimidation and for the shortest period necessary to that end. ..... i agree with the majority of your lordships that this argument cannot be advanced on domestic law grounds: on any conventional approach to the construction and application of section 118 of the 1983 act, the code would clearly permit ashworth to adopt its own differing policy on seclusion. ..... dr james, a consultant psychiatrist and the medical director of the trust, dr finnegan, a consultant psychiatrist and the lead consultant for mental health services at ashworth, dr davenport, consultant psychiatrist and the lead consultant for the women's service at ashworth, mr barwood, the trust's executive director of nursing, and mr eley, the deputy director of nursing. 23. ..... beyond that, as baroness hale pointed out in r(b) v ashworth hospital authority [2005] ukhl 20; [2005] 2 wlr 695, 707, para 34, article 5(1)(e) is not concerned with the patient's treatment or the conditions of his detention: ashingdane v united kingdom (1985) 7 ehrr 528, 543, para ..... 61603/00) (unreported), 16 june 2005, para 93 the european court said: "the court recalls that it is not its function to deal with errors of fact or law allegedly committed by the national courts and that it is in the first place for the .....
Tag this Judgment!Court : House of Lords
..... section 79(1) of the environmental protection act 1990, as amended, establishes nine categories of statutory nuisance (the state of premises, smoke emissions, fumes or gases from dwellings, effluvia from industrial trade or business premises, accumulations or deposits, animals, noise from premises, noise from vehicles or equipment in a street and other matters declared by other acts to be statutory nuisances). ..... for present purposes i would be content to adopt the definition in archbold, criminal pleading, evidence and practice 2005, para 31-40, under deletion of the reference to morals: "a person is guilty of a public nuisance (also known as common nuisance), who (a) does an act not warranted by law, or (b) omits to discharge a legal duty, if the effect of the act or omission is to endanger the life, health, property, morals, or comfort of the public, or to obstruct the public in the exercise or enjoyment of rights common to all her ..... if the harassment involves repeated threats of violence the defendant is liable under section 4, on conviction on indictment, to five years' imprisonment and a fine ..... it reflects a well-understood principle of domestic law, that conduct which did not contravene the criminal law at the time when it took place should not retrospectively be stigmatised as criminal, or expose the perpetrator to ..... appellant had over a period of years made hundreds of obscene telephone calls to at least 13 women, and had been convicted of causing a public nuisance. .....
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