HR ARTICLE CASES Flashcards
Cheshire West V P
+what article it links to
Mentally incapacitated person wasn’t allowed to chose where to go-Breach of A5.
A and Ors V UK (Belmarsh)
+what article it links to
Suspected terrorists imprisoned without criminal charge or conviction-Breach of A5.
T and V v UK
Child murderers-were trialed in an adult court-breach of A6
Woolmington v DPP
+what article it links to
D murdered his wife. Judge said he had to prove it was an accident. HoL quashed conviction-Breach of A6. D should not prove accident, but prosecution should prove guilt.
Murray V UK
+what article it links to
D refused to answer questions in interviews, inferences were drawn from it and was not a violation as he was repeatedly told A6
Gafgen V Germany
+what article it links to
Evidence gained through torture is unfair, only if evidence will effect outcome of the case
Breivik case
+what article it links to
Murderer in solitary confinement was restricted in contact with other right-wing extremists. Not a breach of A8
Quinton v UK
+what article it links to
Stop and search without suspicion-breach of A8
Nasri v France
+what article it links to
Blind man without speech was deported, family lived in France-breach of A8
Buckley v UK (and aim?)
+what article it links to
D unable to live in her caravan as was parked on a road and posed a danger to traffic (legitimate aim-public safety) A8
Vogt v Germany (what article relates too)
School teacher dismissed for being a communist. Breach of A10 (freedom to hold opinions-even if shocking or offensive)
Van Hannover v Germany
+what article it links to
Photos taken without permission. Had to balance A8 & A10. Breach of A8
Spycatcher Case
+what article it links to
Injunction on further publication of book was not a violation of A10-to fulfil a legitimate aim-protect integrity of security service
Laporte v Gloucestershire
+what article it links to
Coaches stopped on way to protest. D only had peaceful intentions but items on coach incited violent intent. D brought a judicial review, Chief Constables actions were disproportionate as premature, too early to prevent crime (so not a legitimate aim)
Tolstay v UK
+what article it links to
Defamatory statements made. Awarded damages and injunction to stop further publication. D claimed for a breach of his A10-HoL held the injunction was necessary in a democracy to protect reputation. Set precedent that A10 can be limited to keep a democracy
R v Ponting
+what article it links to
D leaked government documents. Charged under Official Secrets Act. Was legally wrong but morally right so jury acquitted him (jury equity) A10
DPP v Jones
+what article it links to
Peaceful protest by Stonehenge. Considered trespass by police. Appealed and was breach of A11
Artze fur das Leben v Austria
+what article it links to
Police attended a march of anti-abortion doctors to prevent any violence. Eggs were thrown at protesters. No violation of A11 for failing to protect them from eggs
McFeeley v UK
+what article it links to
Convicted terrorist in prison restricted in contact with rest of prison. No breach of A11 (freedom of association), due to threat they posed.
Young, James & Webster
+what article it links to
State have a positive obligation to protect people who do not want to join unions.
Breach of A11-If employee is forced to join trade union
What right is A5?
Limited right-when it is prescribed by law
What right is A6?
Absolute right
What rights are A8,10,11?
Qualified rights-removed when legitimate aim, prescribed by law, necessary in a democracy and proportionate
Handyside v UK
Publication of book was obscene and offensive. A10 was restricted to protect morals (legitamate aim)
