Human Rights Prelims and Remedies

Question 1

Aston Cantlow

Answer 1

Hybrid PA - public function, statutory power, governmental nature
Core PA - special powers, democratic accountability, public funding

Question 2

R (Heather) v Leonard Cheshire Foundation

Answer 2

Not PA - not governmental service

Question 3

YL v Birmingham CC

Answer 3

Outsourcing - non-governmental

Subsequent legislation - care homes are PA

Question 4

Klass v Germany

Answer 4

Victim = directly affected

Question 5

Al-Skeini v UK

Answer 5

Extra-territorial jurisdiction extended to militarised zone in Basra

Question 6

R (Jason Smith) v Ministry of Defence

Answer 6

Died during combat - SC held this was not within the State’s control

Question 7

Bankovic v Belgium

Answer 7

Extra-territorial jurisdiction applies in diplomatic activities, military occupation, effective control and local government acquiescence

Question 8

Smith, Ellis & Allbutt v Ministry of Defence

Answer 8

Jurisdiction applies in military contexts where the State has control over the lives, equipment and conditions of military personnel

Question 9

R v A (CSH)

Answer 9

Steyn - interpretation may be linguistically strained, DoI as a last resort
Hope - does not allow judges to act as legislators

Question 10

Ghaidin v Godin Mendoza

Answer 10

Discrete, self-contained, legalistic issues were appropriate for s3 interpretation

Question 11

Pinnock v Manchester CC

Answer 11

Read ‘lawfully’ into the Act - did not require extensive rewording

Question 12

Bellinger v Bellinger

Answer 12

Wide-ranging policy implications, ethical and medical considerations - more appropriate for Parliament to decide

Question 13

Re S and Re W

Answer 13

Required extensive rewording of the Act to the point of amending legislation for it to be compatible

Question 14

R (Anderson) v Home Department

Answer 14

Area of sentencing was more appropriate for Parliament to decide