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Human Rights

Some of the primary legislation

Human Rights Act 1998

Some of our recent notable cases

Secretary of State for the Home Department v JJ & Ors (2007)
Control orders which required curfews of over 16 hours a day on a long term basis found to breach an individual’s human rights.
[2007] UKHL 45 31/10/2007. Reported at [2007] 3 WLR 643 and (2008) 1 All ER 613.
Stephanie Harrison

Heathrow Airport Ltd & ors v Joss Garman & ors (2007) (no link available)
Airports claim to an injunction against protest activity was rejected against all but one of the groups involved.
[2007] EWHC 1957 6/8/07
Stephen Simblet & Stephanie Harrison

Keegan v UK (2006)
Violations of Article 8 and Article 13 during police search of a family home. Just satisfaction awarded.
[2006] ECHR 764 18/7/06. App. No. 28867/03. Reported at Times, Aug 9 2006.
Stephen Simblet and Maya Sikand

Kyprianou v. Cyprus (App. no. 73797/01) (2005)
Case involving the imprisonment of lawyer representing the accused in a murder case who had been accused of contempt of court and sentenced to 5 days imprisonment. It was argued this was a violation of Article 6 ECHR. Key case in jurisdictions such as Turkey where defence lawyers have routinely been made the subject of persecution due to their defence of clients who oppose state ideology.
[2005] ECHR 873 15/12/2005
Mark Muller QC

Seyhan v Turkey (2004)
Alleged killing of complainant’s father by security forces and lack of proper criminal investigation.
ECHR App. No. 00033384196 2/11/2004
Nicola Rogers

R (Gillan & Quinton) v (1) Metropolitan Police Commission (2) SSHD (2006)
Powers of police with regards to arbitrary stop and search under Terrorism Act 2000
[2006] UKHL 12 8/3/2006. Reported at (2006) 2 AC 307.
Rajiv Menon

O’Driscoll v Secretary of State for the Home Department (2002)
Compatibility of s.16 of Terrorism Act 2000 with Articles 10 and 11 of ECHR
[2002] EWHC 2477 Admin (Divisional Court) 22/11/02
Stephen Simblet

Lambert, Ali & Jordan (2001) (no link)
Diminished responsibility and reverse burdens of proof
[2001] EWCA 31/7/01. Reported at [2001] 1 Cr App R 14
Rajiv Menon

Johnson, Rowe and Davis (2000) (no link)
The appeal of the M25 three and the leading authority on the relationship between the Court of Appeal’s jurisdiction to quash convictions and the determination of a breach of Article 6 by the European Court of Human Rights
17/7/00. Reported at (2001) 1 Cr App R 115
Courtenay Griffiths QC and Henry Blaxland QC

Useful links

International human rights documents including ECHR
European Court of Human Rights
Liberty’s Guide to human rights in the UK
Equality and Human Rights Commission
Guide to the Human Rights Act 1998 (DCA)
Human Rights Watch Guide to the International Criminal Court