HRA Cases

Question 0

Which case concerned the publication of wedding photos of apps the rights which had been sold to a rival magazine? What was held?

Answer 0

Douglas v hello
When deciding a private law matter, the court is bound to act compatibly with the echr so has to weigh up competing rights. Laid down principles for use of s12 HRA

Question 1

What happened in A and ors v Sec of state for home dep?

Answer 1

Indefinite detention of non nationals suspected or terrorism. Delegation from article 5.
Court deferred to parliament on question of ‘emergency’ but not on necessity of derogation. Not necessary and disproportionate

Question 2

In what case was the applicant refused succession to tenancy under the rent Acts as law only applicable to heterosexual partners?

Answer 2

Ghaidan v Mendoza. Where leg is incompatible the court can use s3 purposively to reinterpret leg as compatible. Dissent - court cannot change law beyond parliamentary intention.

Question 3

What happened in R (Greenfield) v Sec of State for Home Dep?

Answer 3

Prisoners disciplinary hearing not compatible with art 6.
Damages should not be routinely awarded in HRA cases. Where necessary, the court should not use ECtHR principles and not compare to tort damages.

Question 4

In what case was the applicant told to leave private care home where her fees were met by the local authority?

Answer 4

YL v Birmingham City Council and ors. When deciding on def of a public authority under the HRA a ‘functional test’ should be applied. Dissent- maj applied test too narrowly (unfair).