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
..... authority gave effect to its policy of obtaining a relinquishing form (that is, a notice to quit terminating the tenancy) signed by the departing wife, so making it unnecessary for the authority to call evidence of domestic violence, and depriving mr mccann of the opportunity of challenging such evidence. ..... present claim to possession of the site occupied by mr doherty and his co-defendants included parliaments deliberate choice to exclude, from the concept of protected site under the 1983 act, land occupied by a local authority as a caravan site providing accommodation for gypsies, and to exclude, from the power to suspend otherwise granted to the court under s.4(1) of the 1968 act, any order for possession made in proceedings taken by a local authority providing caravan sites within s.24 of the 1960 ..... however, on further appeal to this house lord hoffmann (with whom lord nicholls of birkenhead and lord hope agreed) differed from the court of appeal and also differed from moses j on what i have called the first limb ([2005] 1 wlr 1681, paras 48, 49, 51): but section 6(2)(b) says nothing about a decision having to be necessary for ..... having regard to the opinions which were issued by the court of appeal in kay v lambeth london borough council [2004] ewca civ 926, [2005] qb 352 and leeds city council v price [2005] ewca civ 289, [2005] 1 wlr 1825, your lordships decided that the decision in qazi should be reconsidered in the light of the strasbourg courts judgment in connors. .....
Tag this Judgment!Court : House of Lords
..... domestic violence and family breakdown occur in muslim countries ..... running through these three recent cases is a recognition by the strasbourg court that, while the contracting states are obliged to protect those from other jurisdictions who can show that for whatever reason they will suffer persecution or are at real risk of death or serious ill-treatment or will face arbitrary detention or a flagrant denial of a ..... is by no means the only state which has declined to subscribe to article 16(d) of the united nations convention on the elimination of all forms of discrimination against women of 18 december 1979 which declares that states parties shall ensure, on a basis of equality of men and women, the same rights and responsibilities as parents, irrespective of their marital status, in all matters relating to their children and that in all cases the interests of the ..... nor, as i would understand the joint partly dissenting opinion of judges bratza, bonello and hedigan in mamatkulov and askarov v turkey (2005) 41 ehrr 494, 537, para oiii 14, did they envisage a different test when they said, with reference to article 6 (omitting footnotes): while the court has not to date found that the expulsion ..... its judgment the court said that it considered that very limited assistance, if any, could be obtained from article 9 by itself: otherwise it would be imposing an obligation on contracting states effectively to act as indirect guarantors of freedom of worship for the rest of the world. .....
Tag this Judgment!Court : House of Lords
..... that the authorities have violated their positive obligation to protect the right to life in the context of their above-mentioned duty to prevent and suppress offences against the person, it must be established to its satisfaction that the authorities knew or ought to have known at the time of the existence of a real and immediate risk to the life of an identified individual or individuals from the criminal acts of a third party and that they failed to ..... within the ambit of article 3, the question to be answered in the present case is whether the police in the way that they handled the protest and protected the appellant and her daughter from inhuman and degrading treatment treated them differently on the ground of their religion from the way in which they did treat or would have treated other people. ..... i was concerned that, to try to force them through ardoyne road at that time, also ran a real risk that serious violence would break out in loyalist communities across other parts of the region and that this would include the risks of attacks on other ..... the attention of the house to the decisions of the ecthr in such cases as nachova v bulgaria (2005) 19 bhrc 1, secic v croatia (2007) 23 bhrc 36 and cobzaru v romania (2007) 23 ..... courts approach to an issue of proportionality under the convention must go beyond that traditionally adopted to judicial review in a domestic setting. ..... obscenities of a sexual nature at women and children as they sought to make their way to or from school. .....
Tag this Judgment!Court : House of Lords
..... at the end of june, they left the family home because of domestic violence and initially moved in with a friend and then to a womens aid hostel in portadown on july 21. ..... at the end of june 2005 she left her partner due to domestic violence. ..... the fact that the uk could lawfully have imposed much more extensive restrictions, in order to protect its own labour market from a sudden influx of workers from the accession states, is in my view irrelevant. ..... in the exercise of that power the secretary of state made various modifications to the immigration act 1971 (the 1971 act) by the accession (immigration and worker registration) regulations 2004 (si 2004/1219) (the 2004 regulations). 3 ..... conferred by community law on a person married to a community national would be manifestly disproportionate: see also criminal proceedings against skavani and chryssanthakopoulos (case c-193/94) [1996] ecr i-929; oulane v minister voor vreemdelingenzaken en integratie (case c-215/03) [2005] ecr i-1215; commission of the european communities v belgium (case c-408/03) [2006] ecr i-2647. ..... indeed, the tribunal which heard her case in november 2005 stated that she was continuing to seek work although not required by the benefit rules to do so. 52 ..... she appealed to a social security appeal tribunal which on 18 november 2005 allowed her appeal on the ground that income support was a social advantage and that the income support regulations discriminated against her contrary to article 7(2) of regulation 1612/68 .....
Tag this Judgment!Court : House of Lords
..... without reference to killing by agents of the state; iii) edwards where the obligation was said to arise because the deceased was a prisoner under the care and responsibility of the authorities when he was killed by acts of violence by another prisoner; iv) menson, where it was not suggested that agents of the state were directly at fault but where the obligation arose because there was reason to believe that an individual has sustained life-threatening ..... considering the latter claim, which succeeded, the court said this about the purpose of such an investigation: the essential purpose of such investigation is to secure the effective implementation of the domestic laws which protect the right to life and, in those cases involving state agents or bodies, to ensure their accountability for deaths occurring under their responsibility. ..... refuse to give evidence then it may be necessary to request the minister to convert the investigation into a public inquiry under the inquiries act 2005. ..... worst period was from 2002 to 2004, with an average of 95 suicides (including a disproportionately high average of 12 women). ..... similarly, in trubnikov v russia (application no 49790/99) 5 july 2005, at para 88, the court said: the competent authorities must act with exemplary diligence and promptness and must of their own motion initiate investigations which would be capable of, firstly, ascertaining the circumstances in which the incident took place and any shortcomings in the operation of .....
Tag this Judgment!Court : House of Lords
..... will shortly be protected by new procedures inserted in the mental capacity act 2005 by the mental health act 2007. ..... measures would be triggered if there were a real and immediate risk to the life of particular individuals: in the opinion of the court where there is an allegation that the authorities have violated their positive obligation to protect the right to life in the context of their above-mentioned duty to prevent and suppress offences against the person, it must be established to its satisfaction that the authorities knew or ought to have known at the ..... that the hospital authorities had not had in place appropriate systems, say, for preventing patients, who were known to be suffering from mental illness, from committing suicide, not only would the authorities be potentially liable under domestic law for any resulting suicide, but they would also have violated one of their positive obligations under article 2 to protect their patients lives. ..... a line of cases arising out of the violence in northern ireland, the commission recognised that article 2 could give rise to positive obligations on the part of a state to protect life. ..... similarly, the duty to have appropriate systems in place in case women in a maternity ward developed a mental illness and tried to harm themselves was assumed by lord cameron in mchardy v dundee general hospitals board of management 1960 slt (notes) 19 ..... that a positive obligation to exclude all possible violence could be deduced from the article. .....
Tag this Judgment!Court : House of Lords
..... the claimant had been given a longer sentence than commensurate with the seriousness of the offence pursuant to section 2(2)(b) of the criminal justice act 1991 in order to protect the public from the risk of the serious harm that he posed. ..... . issued august 2004); the equivalent directions as to determinate sentence prisoners require the board to consider primarily the risk to the public of a further offence [not necessarily of violence] being committed at a time when the prisoner would otherwise be in prison, seemingly a more demanding test for the prisoner to satisfy ..... . the court of appeal were influenced by the clear trend in the ecthr cases, followed in the domestic judgments of the united kingdom courts, to require all decisions depriving a person of his liberty to be taken by a court and not by an administrative body ..... . thirdly, by virtue of the criminal justice and immigration act 2008, even those whose offences pre-dated 4 april 2005 became entitled to release at the halfway point unless their parole eligibility date fell before 9 june 2008 (as in the respondents case) or their sentence was for certain specified sexual or violent offences (as additionally was so in the ..... in the conjoined appeals of west and smith in r (west) v parole board [2005] ukhl1; [2005] 1wlr 350 the appellants had been sentenced to determinate sentences, released on licence, recalled and then considered by the parole board for re-release. .....
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
..... the canadian supreme court in pushpanathan v canada (mc1) [1998] 1 scr 982, at para 58: the general purpose of article 1f is not the protection of the society of refuge from dangerous refugees, whether because of acts committed before or after the presentation of a refugee claim; that purpose is served by article 33 of the convention. ..... once, however, in the subsequent twenty years has an expulsion or extradition order in fact been held to violate article 6not even in the somewhat shocking circumstances which arose in mamatkulov and askarov v turkey (2005) 41 ehrr 494 where the dissenting minority noted as features of the applicants terrorist trial in uzbekhistan that the applicants were denied the right to be represented by counsel of their own choice, defending ..... . strikingly, both the authorities principally relied on to support this conclusionjalloh v germany (2006) 44 ehrr 667 and a v home secretary (no 2) [2006] 2 ac 221were domestic cases which simply never addressed what in this context would be required to constitute a flagrant denial of justice (so fundamental a breach of the principles of fair trial as to destroy the very essence ..... in 105 of its judgment in jalloh v germany 44 ehrr 667: incriminating evidence-whether in the form of a confession or real evidence-obtained as a result of acts of violence or brutality or other forms of treatment which can be characterised as torture- should never be relied on as proof of the victims guilt, irrespective of its .....
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