HR - Preliminaries

Question 1

What are the 4 preliminaries necessary for a HR claim? (Standing)

Answer 1

JVPT
Jursidiction
Victim
Public authority
Time limit

Question 2

Jurisdiction

Answer 2

Art 1 ECHR - rights afforded to all in the jurisdiction

S1 HRA - ECHR brought into UK law

Question 3

Victim

Answer 3

S7(1) HRA claimant must be a victim
S7(7) HRA defines a victim as the same as Art 34 ECHR
Art 34 ECHR - Any person/NGO/Group of individuals

Question 4

Klass v Germany

Answer 4

Claim must be brought by victim

Question 5

Public authority?

Answer 5

S6(1)HRA states that a public authority must comply with ECHR
Aston Cantlow test for public authority

Question 6

Aston Cantlow test for core public body

Answer 6

DOPPS
Democratic accountability
Obligation to act in public interest
Publicly funded
Powers
Statutory constitution

Question 7

Aston Cantlow test for hybrid body

Answer 7

CPS
Control exercised by public body over private entity
Proximity of relationship between private and public
Statutory authority
**Poplar states that Control and proximity are most important fators

Question 8

Time limit

Answer 8

Claim must be brought within 1 year S7(5)