Delict And Human Rights

Question 1

How do UK courts adopt decisions of ECtHR?

Answer 1

Damages had to reflect level of damages given by ECtHR and use principles applied (R v SoS for Home Dept)

Question 2

Advantages of HR v tort liability

Answer 2

• expansion of right holders entitled to sue
• HR can vary meaning of public interest
• HR breach can create tort ONLY THOSE RECOGNISED INDEPENDENTLY OF HRA
• supplements c/law & lower threshold of liability
• more intense scrutiny of HR function
• special duties for public authorities
  (Du Bois)
• extends law e.g. Vic lib now imposed on public authorities (Varuhas)

Question 3

Ashley v Chief Constable

Answer 3

Man shot dead in police raid. Constable disclosed number of redacted docs. Ok to disclose?

Neither necessary not proportionate to grant further disclosure of more wide ranging matters that were unrelated to the parties’ statements of case

Question 4

Savage v North Essex

Answer 4

No state obligation to place obstacles against people who want to commit suicide. Only where real & immediate risk. Consider vulnerability of individual. If you have performed necessary obligation & still commits suicide, not your fault

Question 5

R v Governor of Brockhill Prison

Answer 5

E sentenced for 3 different sentences. Halved for good behaviour but governor said only first not shorter ones should be halved. Unlawful imprisonment. Strict liability contra human rights

Question 6

Docherty v Scottish Ministers

X v ‘ ‘

Answer 6

Slopping out was breach of art 3 & 8. Degrading treatment

Question 7

Rabone v Pennine Care

Answer 7

ECHR imposed operational duty on states to protect mentally ill patients. Where real & immediate risk of suicide

Question 8

Corrective v Distributive Justice

Answer 8

C
Delict normally concerned with this, recompense from 1 party to another. No one else involved. Restitutio in integrum.

D
HR. Everyone receives benefit, declaratory & vindicatory function