HRA 1998

Question 1

How to bring a claim (scope, standing)

Answer 1

Standing: must be a ‘victim’ under S7 HRA 1998 (ie directly affected)

Scope: Must fall under public authority under S. 6
- TEST: Donoghue 2002 - used something similar to the functional test in ex parte Datafin to establish public authority

- YL: for profit organisations were held to fall outside the scope - not considered public authorities.

must be a lawful interference with S 8 to grant remedy

Question 2

STEPS to bringing a claim under HRA 1998:

Question 3

Freedom of Assembly

Answer 3

Art 10?
R (Laporte) v Gloucestershire Chief Constable [2006]
- while the police have a duty to prevent breaches of the peace, their actions must be reasonable and proportionate, and not indiscriminate

compare with previous case:

Alber v Lavin:
- a police officer, reasonably believing that a breach of the peace is about to take place, is entitled to take such steps as are necessary to prevent it, including the use of force

Question 4

authority:

whether power of public official is unlawful under ECHR.

Answer 4

Gillan v UK (can be used for lots)
- test for determining whether power of public officials is lawful under ECHR:
TEST:
- exercise of power is lawful if it’s governed by clear, accessible rules of law and is not exercised arbitrarily