Human Rights and Contempt of Court

Question 1

Are UK Courts bound by the ECtHR?

Answer 1

No, but judgements are highly persuasive

Question 2

For an individual to petition the ECtHR what must have happened?

Answer 2

1. All UK routes must have been exhausted

2. Cases must be brought within 6 months of the Supreme Court decision

Question 3

Is the right to life absolute or qualified? What Article?

Answer 3

Absolute. Article 2

Question 4

Is the right to freedom from torture absolute or qualified? Which Article?

Answer 4

Absolute. Article 3

Question 5

Is the right to freedom from slavery absolute or qualified?

Answer 5

Absolute. Article 4

Question 6

Is the right to a Fair Trial absolute or qualified? Which article?

Answer 6

Absolute. Article 6

Question 7

Is the right to freedom of thought absolute or qualified?

Answer 7

Absolute. Article 9

Question 8

Is right to respect for private and family life absolute or qualified? Which article?

Answer 8

Qualified. Article 8

Question 9

Is the right to freedom of assembly and association absolute or qualified? Which article?

Answer 9

Qualified. Article 11

Question 10

Is the right to freedom of expression absolute or qualified? Which article?

Answer 10

Qualified. Article 10

Question 11

What are the three conditions for a qualification of a right to be applied lawfully?

Answer 11

1. The qualification must be prescribed by law
2. The qualification must be necessary in a democratic society
3. The qualification must have a legitimate aim

Question 12

What are the three subparts of “necessary in a democratic society”

Answer 12

1. Pressing social need
2. Margin of appreciation for what the state needs to do (presumed state is right)
3. Infringement of a convention right must be proportionate

Question 13

What is the test in Daly?

Answer 13

The proportionality test.

1. The legislative objective must be sufficiently important to justify limiting a right
2. The measures must be designed to meet the object rationally
3. The means used to impair the right should go no further than is necessary

Question 14

What can the UK Supreme Court do to a UK statute?

Answer 14

Make “declaration of incompatibility”.

Question 15

What does the s6 HRA 1998 do?

Answer 15

Allow any ECHR article to be used as a ground of challenge for judicial review

Question 16

Which section of which act allows any ECHR article to be used as a ground of challenge for judicial review

Answer 16

s6 HRA 1998

Question 17

Which article guarantees a “private, family, home life” as well as correspondence?

Answer 17

Article 8

Question 18

What does the Huang case say about proportionality?

Answer 18

The interests of wider society should be balanced against the interests of an individual

Question 19

What happened in the case of R (Countryside Alliance) v Attorney General?

Answer 19

It was held that article 8 did not protect the right to hunt foxes

Question 20

What happened in Peck v UK?

Answer 20

An attempted suicide was broadcast on national TV in connection with a crime. It was held that the broadcast footage interfered with the right to a private life

Question 21

What happened in S and Marper v UK?

Answer 21

It was held that DNA data being held infringed the right to privacy under article 8

Question 22

Campbell v MGM. What happened?

Answer 22

Lady Hale ruled that the deciding factor in balancing articles 8 and 10 was whether someone had a “reasonable expectation of privacy”

Question 23

Von Hannover v Germany

Answer 23

The ECtHR gave more weight to article 8 than the HoL as they allowed a claim by Princes Caroline that photos of her shopping, skiing and horseriding breached her privacy

Question 24

Murray v Express Newspapers

Answer 24

It was decided that pictures of JK Rowling’s son did engage Article 8 over Article 10 as a child was involved

Question 25

Mosely v NGN

Answer 25

It was held that although the public were interested in Mosely’s sadomasochistic orgy, because there was no public interest in the outcome it was not reasonable to limit article 8

Question 26

What Tort must claims for privacy be brought under?

Answer 26

Breach of confidence

Question 27

What does s1 of the Contempt of Court Act 1981 say?

Answer 27

Conduct which tends to interfere with the course of justice in a particular legal proceeding is contempt of court, regardless of whether it was intended to do so

Question 28

Conduct which tends to interfere with the course of justice in a particular legal proceeding is contempt of court, regardless of whether it was intended to do so. Which Act?

Answer 28

s1 of the Contempt of Court Act

Question 29

Is liability strict in contempt of court cases?

Answer 29

Yes

Question 30

Can a newspaper reporting facts breach the CCA

Answer 30

Yes,if the reporting “tends to prejudice” a jury

Question 31

What is the ratio in A-G v News Group?

Answer 31

The conduct must create a “substantial risk of serious prejudice”

Question 32

When does s1 of the CCA 1981 apply when communicating?

Answer 32

It only applies to communications addressed to the public at large or a large section of the public

Question 33

What was the ruling in Swami Synanda?

Answer 33

Attempts to save a holy cow from being culled due to having TB failed, despite a challenge under Article 9