Cases Flashcards
1
Q
Liberty Case
A
- government excercised the Henry 8th power but could only be used to clarify not change
- application granted
Problems - about the new protest regulations
- high court was asked to decide whether it was lawful for Suella to change ‘serious disruption’ to mean more than minor
Outcome - liberty won the case
- found to be unlawful
- Ground 2 and 3 failed
2
Q
Work and Pensions v Human Rights Commission
A
- claimant seeked that section 2(4) should be quashed of the Social Security Regulations
- court quashed the regulations
- because it went against their human rights
- and the secretary of state had no authority to change it.
3
Q
R v Secretary of State for Work and Pensions and others the children one
A
- there was a 2 child limit for child tax credit
- it consists of 3 elements; family element, individual element and disabled child element
- supreme court unanimasly dismissed the appeal
- parliament put into account the impact of the limitation on the interest of effected children
- decided that the impact was outweighed by the reasons introducing it
- there is no basis consistent with the seperation of powers under our constiution in which the court could overturn parliaments judgement
- 2 child limit was an appropriate means of achieving its aim
- appeal was dismissed and 2 child limit was upheld as lawful
4
Q
Steel and Morris v UK (McLibel)
A
- group of people handed out fllyers criticising mcdonalds
- mcdonalds sued people who criticised it
- many would apologise but
steel decided they werent going to apologize and go through with the libel claim - turned into the longest civil trial in english civil history
- public relation disaster for McDonald’s because some allocation were proved to be true
- no legal aid for defamation, steel and morris couldnt afford it so they represented themselves for 2 1/2 years in court
- went to court for the lack of legal aid going against ECHR especially when compared to the mcdonalds legal aid
