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Flashcards in Difficult Public Deck (17)
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Ghaidan v Godin-Mendoza

Section 3 of the Human Rights Act 1998 allowed a housing statute referring to "husband" or "wife" of the deceased to refer to homosexual partners


Re Soneji

The court will look at Parliamentary intention in deciding whether a statutory provision is mandatory or directory


The courts can refuse a claim that happens within 3 months if there is no good reason for a delay



Claims should launched "without undue delay"

s31(6) of the Senior Courts Act 1981


Claims should launched within three months

CPR r54


The Belmarsh Case

The court made a declaration of incompatibility under s4 of the HRA 1998. Ruled that the Anti Terrorism Act 2001 was irreconcilable with Article 14 of the ECHR


Tabernacle v SoS for Defence

A peaceful camp protested outside a nuclear power plant. A byelaw banned them from doing so. This byelaw was found to be in contravention of Article 10 and 11 rights.


There are three prerogative orders. Name them:

1. Mandatory order
2. Prohibitory order
3. Quashing order


In what case was it found that there is no hierachy of qualified rights?

Mary Bell


In what case was a man who attempted suicide's rights infringed?

Peck v UK


Wood v Metropolitan Police

It was found that the retention of photos from an arms protest engaged Article 8 rights and was not proportionate under 8(2).



The proceedings must create a "substantial risk of prejudice"


What does Lady Hale say about balancing Articles 8 ad 10?

This involves looking first at the comparative importance of the actual rights being claimed in the individual case;
Then at the justifications for interfering with or restricting each of those rights; and applying the proportionality test to each.


Lord Steyn in ex partei Simms

Freedom of speech is the lifeblood of democracy


Vonn Hannover v Germany

Pictures of Princess Caroline shopping did engage her article 10 rights as there was not a "debate of public interest" at stake


What is the test in Daly?

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


What was the ruling in Campbell?

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