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December
Last updated 4 January.
De Bruyn v Minister of Justice and Customs
[2004] FCAFC 334
Federal Court of Appeal, 22 December 2004: EXTRADITION; LIFE; HEALTH; CRUEL TREATMENT
Whether surrender of detainee to South African authorities would be unjust, oppressive or incompatible with humanitarian considerations due to risk of contracting HIV/AIDS in prison; whether prison conditions in the requesting country should be excluded from consideration.
Full text at
www.austlii.edu.au/au/cases/cth/FCAFC/2004/334.html
NALZ v Minister for Immigration
[2004] FCAFC 320
Federal Court of Appeal, 2 December 2004: REFUGEES
Whether asylum-seekers required or expected to modify behaviour or take reasonable steps to avoid persecution; whether there is a distinction between actual and imputed membership of a protected class of citizens under the Refugee Convention.
Full text at
www.austlii.edu.au/au/cases/cth/
FCAFC/2004/320.html
BHP Billiton Ltd v Schultz
[2004] HCA 61
High Court, 7 December 2004: ACCESS TO JUSTICE; HEALTH
Whether claim for compensation following exposure to asbestos should be transferred to forum of state where alleged wrongdoing occurred in interests of justice.
Full text at
www.austlii.edu.au/au/cases/cth/HCA/2004/61.html
Griffiths & Ors v The Queen
[2004] UKPC 58
Privy Council, 16 December 2004: DUE PROCESS; DEATH PENALTY
Constitutionality of common law felony murder rule; consideration of imposition of mandatory death penalty.Full text at
www.bailii.org/uk/cases/UKPC/2004/58.html
CANADA
Martineau v MMR
2004 SCC 81
Supreme Court, 16 December 2004: SELF-INCRIMINATION
Whether motion for discovery by customs violated defendant's right to protection against self-incrimination.
Full text at
www.canlii.org/ca/cas/scc/2004/2004scc81.html
Reference re Same-Sex Marriage
2004 SCC 79
Supreme Court, 9 December 2004: EQUALITY; SEXUALITY; RELIGION
Proposed federal legislation extending right to civil marriage to same-sex couples was consistent with guarantees of equality rights and freedom of religion.
Full text at
www.canlii.org/ca/cas/scc/2004/2004scc79.html
NEW ZEALAND
Zaoui v Attorney General & Ors
SC CIV 13/2004
Supreme Court, 9 December 2004: LIBERTY & SECURITY; REFUGEES
Refugee detained under security legislation granted bail.
Full text at http://www.justice.govt.nz/judgments/
SOUTH AFRICA
DPP, Cape of Good Hope v Robinson
CCT 15/04
Constitutional Court, 2 December 2004: EXTRADITION; FAIR HEARING
Responsibility of minister and not extraditing magistrate to take into account the fact that detainee if extradited would serve a sentence imposed in his absence thereby breaching his fair trial rights.
Full text at
www.concourt.gov.za/summary.php?case_id=12841
UNITED KINGDOM
A & Ors v Secretary of State for the Home Department
[2004] UKHL 56
House of Lords, 16 December 2004: LIBERTY & SECURITY; EQUALITY
Indefinite detention of non nationals without charge or trial under anti-terror legislation was disproportionate and discriminatory contrary to Articles 5 and 14 of the ECHR; quashing of order derogating from Article 5.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/56.html
European Roma Rights Centre & Ors, R (on the application of) v Immigration Officer at Prague Airport & Anor
[2004] UKHL 55
House of Lords, 9 December 2004: EQUALITY; REFUGEES
Procedure empowering British immigration officers to grant or refuse leave to enter the UK to passengers at Prague airport prior to departure systematically discriminated against Roma; no breach of Refugee Convention.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/55.html
Malcolm v Mackenzie & Ors
[2004] EWCA Civ 1748
Court of Appeal, 21 December 2004: EQUALITY; PROPERTY
Whether differential treatment in relation to pension rights following bankruptcy between self-employed and employed persons amounted to unlawful discrimination.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1748.html
Nail & Ors v News Group Newspapers Ltd
[2004] EWCA Civ 1708
Court of Appeal, 20 December 2004: EXPRESSION; REMEDIES
Discussion on quantum of damages following successful defamation action; extent to which the making of the offer of amends should go in mitigation of the amount of compensation.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1708.html
Gezer v Secretary of State for the Home Department
[2004] EWCA Civ 1730
Court of Appeal, 17 December 2004: CRUEL AND INHUMAN TREATMENT; ASYLUM
Consideration of the extent to which an asylum dispersal system could result in breaches of Article 3 of the ECHR.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1730.html
M, R (on the application of) v Immigration Appeal Tribunal & Anor
[2004] EWCA Civ 1731
Court of Appeal, 16 December 2004: ACCESS TO JUSTICE; EQUALITY; ASYLUM
Discretionary denial of judicial review of immigration tribunal decisions to those seeking asylum did not constitute unjustified discrimination.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1731.html
Clays Lane Housing Cooperative Ltd, R (on the application of) v Housing Corporation
[2004] EWCA Civ 1658
Court of Appeal, 8 December 2004: PROPERTY; ASSOCIATION
Compulsory transfer of housing stock from a housing cooperative to another body following mismanagement did not amount to unlawful interference with either its right to property or freedom of association.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1658.html
Laporte, R (on the application of) v Glos Constabulary & Ors
[2004] EWCA Civ 1639
Court of Appeal, 8 December 2004: EXPRESSION; ASSEMBLY
Consideration of police powers in relation to demonstrations.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1639.html
Z v Secretary of State for the Home Department
[2004] EWCA Civ 1578
Court of Appeal, 2 December 2004: REFUGEES; SEXUALITY; CRUEL & INHUMAN TREATMENT; PRIVATE LIFEConsideration of asylum claim of Zimbabwean claiming persecution on grounds of his sexuality.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1578.html
Al Skeini & Ors, R (on the application of) v Secretary of State for Defence
[2004] EWHC 2911 (Admin)
High Court, 14 December 2004: LIFE; JURISDICTION
Failure to adequately investigate death of Iraqi in British military custody breached UK's obligations under the ECHR; British run prisons in foreign territory subject to ECHR jurisdiction.
Full text at
www.bailii.org/ew/cases/EWHC/Admin/2004/2911.html
UNITED STATES
Devenpeck et al v Alford
03-710
Supreme Court, 13 December 2004: LIBERTY & SECURITY
Warrantless arrest can be justified where police officer, based on the facts known to him, had probable cause to believe that a crime had been or was being committed.
Full text at
www.supremecourtus.gov/opinions/
04slipopinion.html
Florida v Nixon
03-931
Supreme Court, 13 December 2004: DEATH PENALTY; FAIR HEARING; LEGAL REPRESENTATION
Lawyer's failure to obtain the defendant's express consent to a strategy of conceding guilty in a capital murder case did not automatically render the representation ineffective in order to warrant a new trial.
Full text at
www.supremecourtus.gov/opinions/
04slipopinion.html
November 2004
Last updated 1 December 2004.
AUSTRALIA
SZAOG v Minister for Immigration and Multicultural Affairs
[2004] FCAFC 316
Federal Court, 26 November 2004: REFUGEES; CONSCIENCE
Conscientious objection to military service must have a political or religious basis for claimant to come within scope of Refugee Convention.
Full text at www.austlii.edu.au/au/cases/cth/FCAFC/2004/316.html
CANADA
Auton (Guardian ad litem of) v British Columbia (Attorney General)
[2004] SCC 78
Supreme Court, 19 November 2004: EQUALITY; DISABILITY; MENTAL HEALTH; CHILDREN
Failure to fund therapy treatment for autistic children did not amount to discrimination nor breach their right to life, liberty and security.
Full text at
http://www.canlii.org/ca/cas/scc/2004/2004scc78.html
Haïda Nation v British Columbia (Minister of Forests); Taku River Tlingit First Nation v British Columbia (Project Assessment Director)
[2004] SCC 73; [2004] SCC 74
Supreme Court, 18 November 2004: INDIGENOUS PEOPLE; PARTICIPATION; LAND RIGHTS
State under a duty to consult and accommodate indigenous people prior to making decisions that might adversely effect their as yet unproven rights and title claims. Whilst this duty does not extend to and cannot be delegated to third parties, such as private business, this does not amount to an abrogation of the latter's potential liability to indigenous people.
Full text at http://www.canlii.org/ca/cas/scc/2004/2004scc73.html and http://www.canlii.org/ca/cas/scc/2004/2004scc74.html
NEW ZEALAND
Ahmed Zaoui v The Attorney General & Ors
SC CIV 13/2004
Supreme Court, 25 November 2004: LIBERTY & SECURITY; REFUGEES
Refugee detained under security legislation entitled under the common law to be granted bail in accordance with Refugee Convention pending determination of security certificate.
Full text at
http://www.justice.govt.nz/judgments/
Hemmes v Young
CA 33/04
Court of Appeal, 26 November 2004: CHILDREN; ADOPTION; RIGHT TO INFORMATION; EQUALITY
Whilst adopted children do not yet possess a universally recognised right to know their biological parents (although the trend is in this direction) they should not be prevented from bringing proceedings against a third party to establish that they are their parents; legislative scheme regulating paternity declarations should not discriminate against adopted children.
Full text at
http://www.justice.govt.nz/judgments/
SOUTH AFRICA
Rail Commuters Action Group & Ors v Transnet Ltd t/a Metrorail
CCT 56/03
Constitutional Court, 26 November 2004: LIFE; LIBERTY & SECURITY
State under a positive duty to take reasonable steps to provide for the security of rail commuters.
Full text at
http://www.concourt.gov.za/summary.php?case_id=12840
UNITED KINGDOM
Three Rivers District Council & Ors v Bank of England
[2004] UKHL 48
House of Lords, 11 November 2004: DISCLOSURE
Legal advice privilege should be given a wide scope to include not only legal rights and obligations but also 'presentational' assistance in putting relevant factual material before a judicial inquiry in an orderly and attractive fashion; in cases of doubt an objective test should be applied as to whether the advice relates to the "rights, liabilities, obligations or remedies of the client either under private law or under public law".
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/48.html
Al Fayed & Ors v Metropolitan Police Commissioner
[2004] EWCA Civ 1579
Court of Appeal, 25 November 2004: LIBERTY & SECURITY
Claim for wrongful arrest and false imprisonment dismissed following compliance of police with both Wednesbury reasonableness and ECHR principles for arresting and detention of suspects for questioning.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1579.html
Nilsen v HM Prison Full Sutton & Anor
[2004] EWCA Civ 1540
Court of Appeal, 17 November 2004: PRISONERS; EXPRESSION
Preventing serial killer serving life imprisonment from publishing his autobiography was justified as being necessary in a democratic society in accordance with Article 10(2) of the ECHR.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1540.html
The Refugee Legal Centre, R (on the application of) v Secretary of State for the Home Department
[2004] EWCA Civ 1481
Court of Appeal, 12 November 2004: REFUGEES; FAIR HEARING
Fast track system of asylum adjudication at detention centre was not inherently unfair provided it operated a flexible timetabling of decision-making.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1481.html
Kent Pharmaceuticals Ltd, R (on the application of) v Serious Fraud Office & Ors
[2004] EWCA Civ 1494
Court of Appeal, 11 November 2004: DISCLOSURE
Disclosure by Serious Fraud Office to Department of Health of certain documents seized from pharmaceutical company was in compliance with the law as required by Article 8(2) of the ECHR.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1494.html
Greene v Associated Newspapers Ltd
[2004] EWCA Civ 1462
Court of Appeal, 5 November 2004: EXPRESSION; PRIVACY
Principles governing prior restraint in defamation cases; freedom of the press to report in public interest outweighed claimant's reputation rights under Article 8 of the ECHR where no direct matters of privacy or confidentiality are raised.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1462.html
L (China) v Secretary of State for the Home Department
[2004] EWCA Civ 1441
Court of Appeal, 3 November 2004: REFUGEES; RELIGION
Tribunal erred in dismissing refugee application by Falun Gung member when it failed to appreciate that she would continue her activities upon return to China; insufficient evidence to demonstrate that Falun Gung amounts to a religion for the purposes of the Refugee Convention.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1441.html
Bennett v A & Anor, Officers & Ors
[2004] EWCA Civ 1439
Court of Appeal, 2 November 2004: LIFE; LIBERTY & SECURITY; ACCESS TO JUSTICE
Police officers entitled to anonymity when giving evidence to inquest where they had genuine fears for their safety which outweighed interests of victim's family.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1439.html
UNITED STATES
Smith v Texas
543 US (2004)
Supreme Court, 15 November 2004: DEATH PENALTY
In directing the jury to give effect to mitigation evidence in determining sentence, a judge should not at the same time state that it is only on condition that they give negative instead of positive responses to whether the act was deliberate and whether the accused would be a danger to society in the future.
Full text at
www.supremecourtus.gov/opinions/
04slipopinion.html
October 2004
Last updated 1 November 2004.
AUSTRALIA
JMA Accounting Pty Ltd v Commissioner of Taxation
[2004] FCFCA 274
Federal Court of Appeal (Full Court), 14 October 2004: SEARCH & SEIZURE
Copying of privileged document without reading did not breach legal professional privilege; failure to distinguish between irrelevant and relevant documents before downloading them from computer constituted unreasonable search and seizure.
Full text at
www.austlii.edu.au/au/cases/cth/FCAFC/2004/274.html
STCB v Minister for Immigration and Multicultural Affairs
[2004] FCFCA 266
Federal Court of Appeal (Full Court), 6 October 2004 : REFUGEES
Claim that persecution arose because of membership of a particular social group comprised of citizens who were subject to the same customary law code failed in absence of a common element that made the group a cognisable one within Albanian society.
Full text at
www.austlii.edu.au/au/cases/cth/FCAFC/2004/266.html
JAMAICA
Bernard v Attorney General
[2004] UKPC 47
Privy Council, 7 October 2004: REMEDIES; LIFE
State was vicariously liable for unlawful shooting by police constable where officers were routinely permitted to take loaded guns home and carry them while off duty.
Full text at
www.bailii.org/uk/cases/UKPC/2004/47.html
MAURITIUS
Dosoruth v Mauritius
[2004] UKPC 51
Privy Council, 21 October 2004: FAIR HEARING; APPEAL
Appellate court justified in not admitting new evidence on appeal against conviction in absence of request from appellant for retrial due to serious irregularity.
Full text at www.bailii.org/uk/cases/UKPC/2004/51.html
NEW ZEALAND
The Queen v Siang Lim
CA 173/04
Court of Appeal, 8 October 2004: FAIR HEARING; DELAY; DISCLOSURE
16 month delay between charge and trial due to lack of disclosure was not unreasonable where the Crown did not have possession of the documents and could not compel disclosure from an un-cooperative third party.
Full text at http://www.brookers.co.nz
The Queen v Thomas Wiremu Morgan
CA 261/04
Court of Appeal, 18 October 2004: FAIR HEARING; DOUBLE JEOPARDY
Principle of double jeopardy infringed by subjecting the accused to two separate counts of (1) intent to cause grievous bodily harm and wounding and (2) assault and in so doing using a knife as a weapon where the subject of count (1) constituted concurrently the factual basis for count (2) and the latter was simply a less serious form of the former.
Full text at http://www.brookers.co.nz
SOUTH AFRICA
Bhe v Magistrate, Khayelitsha & Ors
Case CCT 49/03
Constitutional Court, 15 October 2004: EQUALITY; DIGNITY; PROPERTY
Customary law of succession favouring males breached constitutional rights to equality and dignity.Full text at
www.concourt.gov.za/judgment.php?case_id=12718
Zondi v Member of the Executive Council for Traditional and Local Government Affairs
Case CCT 73/03
Constitutional Court, 15 October 2004: EQUALITY; ACCESS TO JUSTICE; PROPERTY
Scheme which empowered landowners to seize and impound livestock found trespassing on their land and for them to be sold without a court order lacked due process and unfairly discriminated against landless black people.
Full text at
www.concourt.gov.za/judgment.php?case_id=12724
Jaftha v Schoeman & Ors
Case CCT 74/03
Constitutional Court, 8 October 2004: HOUSING
Process of execution against immovable property for debtors was unconstitutional where it permitted a person's home to be sold thereby disqualifying them from state-subsidised housing and placing them at risk of homelessness.
Full text at www.concourt.gov.za/judgment.php?case_id=12912
Mkontwana v Nelson Mandela Metropolitan Municipality
Case CCT 57/03
Constitutional Court, 6 October 2004: PROPERTY; HOUSING; EQUALITY
Preclusion of transfer of all immovable property until outstanding water and electricity charges had been paid did not constitute arbitrary deprivation nor infringement of the rights to equality or access to housing.
Full text at
www.concourt.gov.za/judgment.php?case_id=12721
Mabaso v Law Society of the Northern Provinces
Case CCT 76/03
Constitutional Court, 5 October 2004: EQUALITY; WORK
Shortcut route for enrolment for attorneys admitted under legislation applying in the former Republic of South Africa unfairly discriminated against those admitted in the former ‘homelands'.
Full text at
www.concourt.gov.za/judgment.php?case_id=12796
Port Elizabeth Municipal Authority v Various Occupiers
Case CCT 53/03
Constitutional Court, 1 October 2004: HOUSING
Unjust and inequitable to grant eviction orders against 68 people living in shacks on privately owned land in the absence of taking all reasonable steps prior to making the order to secure suitable alternative accommodation.
Full text at www.concourt.gov.za/judgment.php?case_id=12900
UK
S (a child), Re
[2004] UKHL 47
House of Lords, 28 October 2004: PRIVACY; FREE EXPRESSION
Application for injunction restraining the publication by newspapers of the identity of a defendant in a murder trial denied where it had been intended to protect the privacy of her son who was not involved in the criminal proceedings.Full text at
www.bailii.org/uk/cases/UKHL/2004/47.html
Sheldrake v Director of Public Prosecutions
[2004] UKHL 43
House of Lords, 28 October 2004: PRESUMPTION OF INNOCENCE
Reversing the burden of proof on a defendant in a road traffic accident held not incompatible with the presumption of innocence guaranteed by Article 6 of the ECHR.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/43.html
Attorney General's Reference No 5 of 2002
[2004] UKHL 40
House of Lords, 14 October 2004: PRIVACY
A court may properly enquire whether intercepted material relied on by the prosecution was obtained by tapping a private as opposed to a public telecommunications system. If the court concludes that it was public, that is the end of the enquiry. If the court concludes that it was private but unlawful, that also will be the end of the enquiry. If it was private but lawful, the court may (subject to any other argument there may be) admit the evidence.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/40.html
Cream Holdings Ltd & Ors v Bannerjee & Ors
[2004] UKHL 44
House of Lords, 14 October 2004: FREE EXPRESSION
In public interest to permit publication of certain confidential documents alleging corruption in business prior to trial given that the latter's prospects of success at trial were not sufficiently likely to justify making an interim restraint order.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/44.html
Jones v Ministry of Interior Kingdom of Saudi Arabia
[2004] EWCA 1394
Court of Appeal, 28 October 2004: TORTURE; REMEDIES; JURISDICTION
Foreign state agents not immune from civil proceedings brought in UK in respect of alleged acts of torture committed by them against British nationals; state immunity confirmed; issue of jurisdiction left open.
Full text at
www.bailii.org/ew/cases/EWCA/Civ/2004/1394.html
Szuluk, R (on the application of) v HMP Full Sutton & Anor
[2004] EWCA Civ 1426
Court of Appeal, 29 October 2004: PRIVACY; PRISONERS
Limited interference with high security prisoner's correspondence justified on security grounds.
Full text at
www.bailii.org/ew/cases/EWCA/Civ/2004/1426.html
Coates & Ors v South Bucks DC
[2004] EWCA Civ 1378
Court of Appeal, 22 October 2004: HOUSING; FAMILY LIFE
Reasonable in the interests of maintaining the planning regime to enforce eviction notice against travellers living on a sensitive greenbelt site and in breach of several previous court orders.
Full text at
www.bailii.org/ew/cases/EWCA/Civ/2004/1378.html
B & Ors, R (on the application of) v Secretary of State for Foreign and Commonwealth Affairs
[2004] EWCA Civ 1344
Court of Appeal, 18 October 2004: REFUGEES; CRUEL AND INHUMAN TREATMENT; JURISDICTION
Diplomatic or consular officials were under a duty to grant 'diplomatic asylum' to fugitives where they were at risk of cruel and inhuman treatment.
Full text at www.bailii.org/ew/cases/EWCA/Civ/2004/1344.html
First Secretary of State & Ors v Chichester District Council
[2004] EWCA Civ 1248
Court of Appeal, 29 September 2004: HOUSING; FAMILY LIFE
Planning Inspector did not breach travellers' Article 8 ECHR rights by refusing planning permission and issuing enforcement proceedings against them.
Full text at www.bailii.org/ew/cases/EWCA/Civ/2004/1248.html
G, R (on the application of) v Mental Health Review Tribunal
[2004] EWHC 2193
High Court, 7 October 2004: LIBERTY &SECURITY; MENTAL HEALTH
Condition of residence at a private sector psychiatric hospital prior to conditional discharge amounted to a deprivation of liberty within the meaning of Article 5 of the ECHR.
Full text at www.bailii.org/ew/cases/EWHC/Admin/2004/2193.html
Khan v Royal Air Force Summary Appeal Court
[2004] EWHC 2230
High Court, 7 October 2004: RELIGION; CONSCIENCE
Muslim who went AWOL from the air force prior to the Iraq war could not claim a right to conscientious objection on the grounds of his religion.
Full text at www.bailii.org/ew/cases/EWHC/Admin/2004/2230.html
Morris, R (on the application of) v Westminster City Council & Anor
[2004] EWHC 2191
High Court, 7 October 2004: FAMILY LIFE; EQUALITY
Council's refusal to provide accommodation as a matter of priority to homeless mother and child on ground of child's immigration status amounted to infringement of claimant's right to respect for family life without discrimination under Articles 8 and 14 of the ECHR.
Full text at www.bailii.org/ew/cases/EWHC/Admin/2004/2191.html
Portsmouth NHS Trust v Wyatt & Ors
[2004] EWHC 2247 (Fam)
High Court, 7 October 2004: LIFE; CHILDREN
In terminally ill baby's best interests to permit medical staff to determine whether her life support should be terminated to end her suffering.
Full text at www.bailii.org/ew/cases/EWHC/Fam/2004/2247.html
August/September 2004
Last updated 1 October 2004.
Al-Kateb v Godwin
[2004] HCA 37
High Court, 6 August 2004: LIBERTY AND SECURITY; EQUALITY; NATIONALITY
Whether detention of illegal non-citizen pending removal is lawful under statute where there is no real prospect of removal in reasonably foreseeable future; whether provision for indefinite detention infringes constitution.
Full text at
http://www.austlii.edu.au/au/cases/cth/HCA/2004/37.html
Behrooz v Secretary of the Department for Immigration and Multicultural and Indigenous Affairs
[2004] HCA 36
High Court, 6 August 2004: LIBERTY AND SECURITY; CRUEL, INHUMAN AND DEGRADING TREATMENT
Whether detention under harsh and inhumane conditions at detention centre was authorised by statute.
Full text at
http://www.austlii.edu.au/au/cases/cth/HCA/2004/36.html
Minister for Immigration and Multicultural and Indigenous Affairs v Al Khafaji
[2004] HCA 38
High Court, 6 August 2004: LIBERTY AND SECURITY; EQUALITY; NATIONALITY; SEPARATION OF POWERS
Whether provision for indefinite detention of non-national pending removal infringes constitution; whether detention amounts to an exercise of judicial power by the executive.
Full text at
http://www.austlii.edu.au/au/cases/cth/HCA/2004/38.html
Singh v Commonwealth of Australia
[2004] HCA 43
High Court, 9 September 2004: NATIONALITY; MOVEMENT; EQUALITY
Whether non-citizenship permitted removal of non-alien.
Full text at
http://www.austlii.edu.au/au/cases/cth/HCA/2004/43.html
Durgo Bai v State of Punjab
Appeal (Crim) 1143-1144 of 2003
Supreme Court, 10 August 2004: SEARCH & SEIZURE
Legality of search and seizure of drugs.
Full text at
demotemp119.nic.in/supremecourt/qrydisp.asp?tfnm=26281
Zutshi & Anor v Debnath & Anor
Appeal (Crim) 30 of 1999
Supreme Court, 10 August 2004: SEARCH & SEIZURE
Legality of search and seizure of premises by customs.
Full text at
demotemp119.nic.in/supremecourt/qrydisp.asp?tfnm=26303
Television New Zealand v Attorney General
CA 169/04
Court of Appeal, 17 September 2004: FREE EXPRESSION
Refusal of authorities to allow TV station to interview illegal immigrant detained for security of reasons breached latter's right to free speech.
Full text at
http://www.brookers.co.nz
Zaoui v Attorney General & Anor
CA 166/04
Court of Appeal, 17 September 2004: LIBERTY & SECURITY; REFUGEES
Refugee lawfully detained on security grounds.
Full text at
http://www.brookers.co.nz
Mashavha v President of the Republic & Ors
Case CCT 67/03
Constitutional Court, 6 September 2004: SOCIAL SECURITY; EQUALITY
Social assistance scheme should be applied uniformly across the country in order to protect against discrimination.
Full text at
http://www.concourt.gov.za/files/6703/mashavha.pdf
Kaunda & Ors v President of the Republic & Ors
Case CCT 23/04
Constitutional Court, 4 August 2004: DEATH PENALTY; LIBERTY AND SECURITY; CRUEL, INHUMAN AND DEGRADING TREATMENT; FAIR HEARING; EXTRADITION
Extent of state's constitutional obligation to protect citizens on trial abroad at risk of ill treatment whilst in detention, receiving an unfair hearing and being subjected to the death penalty.
Full text at
http://www.concourt.gov.za/files/kaunda.pdf
Uttley, R (on the application of) v Secretary of State for the Home Department
[2004] UKHL 38
House of Lords, 30 July 2004: RETROACTIVITY
No breach of Art 7(1) of the ECHR where there was no change in the relevant penalties during the 12 years between commission of the offences and trial and sentencing, but merely the arrangements for the prisoner's early release on licence.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/38.html
Rutherford & Anor v Secretary of State for Trade and Industry
[2004] EWCA Civ 1186
Court of Appeal, 3 September 2004: EQUALITY; WORK
Age limit on claiming rights to unfair dismissal and redundancy did not amount to indirect sex discrimination.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1186.html
Goldsmith, R (on the application of) v London Borough of Wandsworth
[2004] EWCA Civ 1170
Court of Appeal, 27 August 2004: PRIVATE LIFE; LIFE; HEALTH
Failure of local authority to address patient's right to private life when deciding to transfer her to a nursing home; failure of decision-making process to act in the best interests of patient and her human rights.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1170.html
A & Ors v Secretary of the State for the Home Department
[2004] EWCA Civ 1123
Court of Appeal, 11 August 2004: LIBERTY AND SECURITY; TORTURE
Permissible on national security grounds to justify detention based on evidence obtained under torture abroad.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html
N (Kenya) v Secretary of State for the Home Department
[2004] EWCA Civ 1094
Court of Appeal, 5 August 2004: PRIVATE AND FAMILY LIFE; REFUGEE; DEPORTATION
Commission of serious crimes by refugee justified his deportation despite disruption to his family life.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1094.html
July 2004
Last updated 1 August 2004.
Boyce & Joseph v R
[2004] UKPC 32
Privy Council, 7 July 2004: DEATH PENALTY Majority decision that mandatory death penalty was not unconstitutional on grounds that it was saved as an �existing law' prior to the enactment of the Constitution. 18.0pt">
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/32.html
Watson v R
[2004] UKPC 34
Privy Council, 7 July 2004: DEATH PENALTY; CRUEL AND INHUMAN TREATMENT
Mandatory death penalty confirmed as an inhuman punishment which could not be saved as an �existing law'.
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/34.html
R v Keefe & Rymer
CA 162/04; 187/04
Court of Appeal, 22 July 2004: LIBERTY & SECURITY
Challenge to bail decision.
Full text at
http://www.brookers.co.nz
R v Condon
CA 373/03
Court of Appeal, 21 July 2004: LEGAL REPRESENTATION
Failure of judge to adjourn proceedings following withdrawal of counsel did not result in miscarriage of justice.
Full text at
http://www.brookers.co.nz
Huata v Prebble & Anor
CA 34/04
Court of Appeal, 16 July 2004: POLITICAL PARTICIPATION; SEPARATION OF POWERS
Claim for judicial review of decision by parliamentary party leader to declare MP's seat vacant following conviction for fraud.
Full text at
http://www.brookers.co.nz
Jennings v Buchanan
[2004] UKPC 36
Privy Council, 14 July 2004: EXPRESSION; POLITICAL PARTICIPATION
Whether an MP may be held liable for defamation after reaffirming the privileged statement outside Parliament.
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/36.html
Minister of Finance & Anor v Van Heerden
Case CCT 63/03
Constitutional Court, 29 July 2004: EQUALITY; WORK
Whether differentiated employers contribution to political office bearers' pension fund constituted unfair discrimination or were justified in interests of affirmative action.
Full text at
http://www.concourt.gov.za/cases.php
Attorney General v Rodionov
[2004] UKPC 38
Privy Council, 20 July 2004: LIBERTY & SECURITY; JURISDICTION
Privy Council had no jurisdiction to hear appeal against refusal of habeas corpus pending extradition.
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/38.html
Matthew v The State
[2004] UKPC 33
Privy Council, 7 July 2004: DEATH PENALTY
Majority decision that mandatory death penalty was not unconstitutional on grounds that it was saved as an �existing law' prior to the enactment of the Constitution.
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/33.html
LS, R (on application of) v Chief Constable of South Yorkshire Police
[2004] UKHL 39
House of Lords, 22 July 2004: EVIDENCE; PRIVACY; EQUALITY
Retention of fingerprints and DNA evidence did not breach Arts 8 and 14 of the ECHR.
Full text at http://www.bailii.org/uk/cases/UKHL/2004/39.html
US Government v Barnette & Anor
[2004] UKHL 37
House of Lords, 22 July 2004: JURISDICTION; FAIR HEARING
UK courts were not under a duty not to enforce a confiscation order granted in the US courts and instead allow it to be challenged by way of appeal since the circumstances did not fall within the exception to non extra-territorial applicability of the ECHR laid down in Soering v UK (1989).
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/37.html
South Bucks District Council & Anor v Porter
[2004] UKHL 33
House of Lords, 1 July 2004: HOUSING
Housing needs of traveller justified granting of retrospective planning permission for unlawful development.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/33.html
June 2004
Last updated 1 July 2004.
Andar Transport Pty Ltd v Brambles Limited
[2004] HCA 28
High Court, 15 June 2004: WORK Duty of care owed by employer towards employee in providing a safe system of work.
Full text at
http://www.austlii.edu.au/au/cases/cth/HCA/2004/28.html
Application under s. 83.28 of the Criminal Code (Re)
[2004] SCC 42
Supreme Court, 23 June 2004: LIBERTY & SECURITY; FAIR HEARING; JUDICIAL INDEPENDENCE
Whether provision allowing for gathering of information and investigative hearings to combat terrorism unduly infringed suspect's right to silence and judicial independence and impartiality.
Full text at
http://www.canlii.org/ca/cas/scc/2004/2004scc42.html
Vancouver Sun v Attorney General & Ors
[2004] SCC 43
Supreme Court, 23 June 2004: FAIR HEARING; EXPRESSION
Whether hearing for determining constitutional validity of investigative hearing provision and validity of order for investigative hearing in terrorism case should be conducted in camera or in open court.
Full text at
http://www.canlii.org/ca/cas/scc/2004/2004scc43.html
British-Columbia v. Canadian Forest Products Ltd.
[2004] SCC 38
Supreme Court, 11 June 2004: ENVIRONMENT; REMEDIES
Appropriate basis for calculating compensation for damage to environmentally sensitive area.
Full text at
http://www.canlii.org/ca/cas/scc/2004/2004scc38.html
Quebec (Commission des droits de la personne et des droits de la jeunesse) v Quebec (Attorney General)
[2004] SCC 39
Supreme Court, 11 June 2004: WORK ; EQUALITY ; JURISDICTION
Human Rights Tribunal had jurisdiction over labour dispute concerning discrimination in collective agreement where human rights issue raised.
Full text at
http://www.canlii.org/ca/cas/scc/2004/2004scc39.html
Secretary for Security v Prabakar
[2004] HKFCA 39
Court of Final Appeal, 8 June 2004: ASYLUM; TORTURE
Minister under a duty to adhere to a policy of not deporting a person to a country where claim that he would be subjected to torture in that country was considered to be well-founded.
Full text at
www.hklii.org/hk/eng_jud/HKCFA/2004
/20040608_FACV000016_2003.html
Grant v The Director of Correctional Services (Jamaica) & Anor
[2004] UKPC 27
Privy Council, 14 June 2004: LIBERTY &SECURITY; APPEAL
Grounds for special leave to appeal in proceedings seeking habeas corpus against an extradition order.
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/27.html
R v Dawson
CA430/03
Court of Appeal, 17 June 2004: FAIR HEARING
Impact of non-disclosure by prosecution on fairness of trial.
Full text at
http://www.brookers.co.nz
Manuel v The Superintendent, Hawkes Bay Regional Prison
CA67/04
Court of Appeal, 15 June 2004: LIBERTY & SECURITY
Legality of recall of prisoner on parole.
Full text at
http://www.brookers.co.nz
Independent Publishing Company Ltd v Attorney General & Anor
[2004] UKPC 26
Privy Council, 8 June 2004: EXPRESSION; FAIR HEARING; REMEDIES
Constitutionality of non-publication orders issued against the media concerning ongoing high-profile criminal trial; scope of constitutional redress for violation of rights to free expression and due process.
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/26.html
Evans v Amicus Healthcare Ltd
[2004] EWCA Civ 727
Court of Appeal, 25 June 2004: FAMILY; CHILDREN
Whether refusal of IVF treatment and destruction of frozen embryos following withdrawal of consent by former partner breached applicant's rights under Articles 8 and 12 of the ECHR.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/727.html
Ghaidan v Godin-Mendoza
[2004] UKHL 30
House of Lords, 21 June 2004: HOUSING; EQUALITY
Right of surviving spouse or partner to become a statutory tenant by succession on the death of a protected tenant of a dwelling-house extended to same-sex relationships. Includes useful appendix to Lord Steyn's judgment on declarations of incompatibility to date under the Human Rights Act.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/30.html
Razgar, R (on the Application of) v Home Secretary
[2004] UKHL 27
House of Lords, 17 June 2004: ASYLUM; FAMILY AND PRIVATE LIFE; TORTURE
Claim under Article 8 of the ECHR sufficient to prevent deportation of asylum seeker to Germany even where Article 3 is not engaged.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/27.html
Ullah, R (on the Application of) v Special Adjudicator
[2004] UKHL 26
House of Lords, 17 June 2004: ASYLUM; RELIGION; TORTURE
Ditto a claim under Article 9 and other Articles could be pursued.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/26.html
Ashcroft v ACLU
SC 03-218
Supreme Court, 29 June 2004: EXPRESSION; CHILDREN
Law introducing online registration designed to protect children from pornography unduly infringed adult's rights.
Full text at
http://www.supremecourtus.gov/opinions/03slipopinion.html
Sosa v Alvarez-Machain
SC 03-339
Supreme Court, 29 June 2004: ACCESS TO JUSTICE; TORTURE; JURISDICTION
Victims can use the Alien Tort Claims Act to sue in US courts for human rights abuses, particularly torture, committed overseas.
Full text at
http://www.supremecourtus.gov/opinions/03slipopinion.html
Hamdi v Rumsfeld
SC 03-6696
Supreme Court, 28 June 2004: ACCESS TO JUSTICE; LIBERTY & SECURITY
Detainees held in Guantanamo Bay could challenge their detention through US courts; detainee denied due process because of lack of opportunity to be heard.
Full text at
http://www.supremecourtus.gov/opinions/03slipopinion.html
Rasul v Bush
SC 03-334
Supreme Court, 28 June 2004: ACCESS TO JUSTICE; LIBERTY & SECURITY; JURISDICTION
Detainees held in Guantanamo Bay could challenge their detention through US courts; detention of both US and non nationals as �enemy combatants' without charge or trial is lawful.
Full text at
http://www.supremecourtus.gov/opinions/03slipopinion.html
May 2004
Last updated 9 June 2004.
Applicant S v Minister for Immigration and Multicultural Affairs
[2004] HCA 25
High Court, 27 May 2004: REFUGEES
Whether �able young-bodied men from Afghanistan' qualified as a social group for purposes of the Refugee Convention; whether implementation of a law of general application and/or ad hoc policy can amount to persecution.
Full text at
http://www.austlii.edu.au/au/cases/cth/HCA/2004/25.html
Harper v Attorney General
[2004] SCC 33
Supreme Court, 18 May 2004: EXPRESSION; POLITICAL PARTICIPATION
Whether third-party election advertising scheme and blackout on third party advertising on polling day infringed freedom of expression and, if so, whether the infringement was justifiable.
Full text at
http://www.canlii.org/ca/cas/scc/2004/2004scc33.html
Pritchard v Ontario Human Rights Commission
[2004] SCC 31
Supreme Court, 14 May 2004: FAIR HEARING
Whether legal opinions prepared by in-house counsel for an administrative board was protected by solicitor-client privilege.
Full text at
http://www.canlii.org/ca/cas/scc/2004/2004scc31.html
Jamaica Bar Association v Ernest Smith & Company
HCV207/03
Supreme Court, 30 October 2003: SEARCH & SEIZURE
Legality of police search and seizure conducted at behest of foreign state.
Full text at
http://www.sc.gov.jm
Mian Muhammad Shahbaz Sharif v Ministry of Interior,
Government of Pakistan, Islamabad & Five Others
CPLA NO.791/2004 & CMA NO. 3469/2003
Supreme Court, 7 April 2004: POLITICAL PARTICIPATION; MOVEMENT
Constitutionality of denying political party leader in exile from returning to country and participating in politics.
Full text at
www.scp.com.pk/sub_links/judgements/
CONSTITUTION PETITION NO. 55 of 2003.htm
The Queen v Seven Named Accused
Trials No. 1-55/2003
Supreme Court, 19 April 2004: FAIR HEARING
Independence of local magistrates in context of case determining applicability of British human rights law and jurisdiction in dependent territory.
Full text at http://www.paclii.org
President of the Republic of South Africa & Ors v Modderklip Boerdery (Pty) LTD
SCA 213/03
Supreme Court of Appeal, 27 May 2004: HOUSING
State breached its constitutional obligations to squatters by failing to realise their rights of access to adequate housing and land.
For further details see http://www.communitylawcentre.org.za
Secretary of State for the Home Department v Limbuela & Ors
[2004] EWCA Civ 540
Court of Appeal, 21 May 2004: ASYLUM; LIFE; INHUMAN TREATMENT; HOUSING
State has a duty under Article 3 of the ECHR to prevent homeless asylum-seekers from suffering destitution.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/540.html
X v Y
[2004] EWCA Civ 662
Court of Appeal, 28 May 2004: WORK; FAIR HEARING; PRIVATE LIFE
Claim by youth worker that dismissal for non-work related sexual offence breached right to private life.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/662.html
VANUATU
Vohor v Abiut
[2004] VUSC 5
Supreme Court, 13 May 2004: POLITICAL PARTICIPATION
Constitutionality of Speaker's ability to dissolve Parliament.
Full text at
http://www.paclii.org/vu/cases/VUSC/2004/5.html
April 2004
Last updated 12 May 2004.
Minister for Immigration and Multicultural Affairs v Respondents S152/2003
[2004] HCA 18
High Court, 21 April 2004 : REFUGEES; RELIGION
Nature of state's obligation to protect its citizens from attacks by non-state agents in context of alleged incidents against Jehovah's witnesses in Ukraine; what constitutes a pervasive pattern of harm for purposes of Refugees Convention.
Full text at
http://www.austlii.edu.au/au/cases/cth/HCA/2004/18.html
Minister for Immigration and Multicultural and Indigenous Affairs v B
[2004] HCA 20
High Court, 29 April 2004: REFUGEES; CHILDREN; FAMILY
Whether welfare jurisdiction extends to children of marriages of parents in immigration detention; interpretation of legislation in conformity with treaty obligations.
Full text at
http://www.austlii.edu.au/au/cases/cth/HCA/2004/20.html
R v Fontaine
[2004] SCC 27
Supreme Court, 22 April 2004: FAIR HEARING
Trial judge erred in withholding defence of mental disorder automatism from jury; nature of evidential burden.
Full text at
http://www.canlii.org/ca/cas/scc/2004/2004scc27.html
Boodhoo & Anor v Attorney General
[2004] UKPC 17
Privy Council, 1 April 2004: FAIR HEARING
Whether excessive delay in giving judgment violated the appellants' rights to a fair hearing in a property dispute.
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/17.html
Campbell v MGN Ltd
[2004] UKHL 22
House of Lords, 6 May 2004: PRIVACY; EXPRESSION
Unlawful invasion of privacy following publication of photos and details about celebrity's drug treatment; discussion as to the extent to which an action for breach of confidence can be grounded in the right to privacy under Art 8 of the European Convention on Human Rights.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/22.html
A v West Yorkshire Police
[2004] UKHL 21
House of Lords, 6 May 2004: EQUALITY
Transsexual's application to become a police officer should not have been rejected.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/21.html
Mullen, R (on the application of) v Secretary of State for the Home Department
[2004] UKHL 18
House of Lords, 29 April 2004: REMEDIES; FAIR HEARING; EXTRADITION
Principles governing payment of compensation following unlawful extradition.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/18.html
MARCH 2004
Last updated 1 April 2004.
Truong v The Queen
[2004] HCA 10
High Court, 4 March 2004: FAIR HEARING; EXTRADITION; JURISDICTION
Accused could be tried for offences for which he was not specifically extradited provided there was sufficient proof to convict him of both.
Full text at
http://www.austlii.edu.au/au/cases/cth/HCA/2004/10.html
Putland v The Queen
[2004] HCA 8
High Court, 12 February 2004: LIBERTY & SECURITY; SENTENCING; DISCRIMINATION
Territory legislation permitting aggregate sentencing did not result in constitutionally impermissible discrimination between federal offenders.
Full text at
http://www.austlii.edu.au/au/cases/cth/HCA/2004/8.html
SGDB v Minister for Immigration
[2004] FCAFC 59
Federal Court (Full Court), 15 March 2004: FAIR HEARING; REFUGEES
Failure of tribunal to consider whether there was a well-founded fear of persecution on journey back to place of resettlement.
Full text at
http://www.austlii.edu.au/au/cases/cth/FCAFC/2004/59.html
Attorney General v Hartwell
[2004] UKPC 12
Privy Council, 23 February 2004: REMEDIES
Scope of vicarious liability for police misconduct.
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/12.html
R v Smith
[2004] SCC 14
Supreme Court, 4 March 2004: FAIR HEARING; APPEAL; JURISDICTION
Not in the interests of justice to hear an appeal on behalf of the appellant who had died seven years previously.
Full text at
http://www.canlii.org/ca/cas/scc/2004/2004scc14.html
State of Punjab & Ors v Kaur
Appeal (civil) 1382 of 1999
Supreme Court, 18 March 2004: EQUALITY; WORK
Test for applying equal pay doctrine in case concerning differential pay scales within the teaching profession.
Full text at
http://www.judis.nic.in/sc
Mehta v Union of India & Ors
Writ Petition (civil) 4677 of 1985
Supreme Court, 18 March 2004: ENVIRONMENT
Issuing of detailed directions to deal with impact of mining activity on local environment.
Full text at
http://www.judis.nic.in/sc
The Commissioner of Police & Ors v Avadhuta & Anor
Appeal (civil) 6230 of 1990
Supreme Court, 11 March 2004: RELIGION; ASSEMBLY
Restrictions on performing religious dance in public processions breached Article 25 of the Constitution.
Full text at
http://www.judis.nic.in/sc
Daniels v Campbell NO & Ors
CCT 40/03
Constitutional Court, 11 March 2004: DISCRIMINATION; RELIGION; FAMILY; PROPERTY
Unlawful to exclude partners to Muslim marriages from protection under inheritance laws.
Full text at
http://www.concourt.gov.za
State v Basson
CCT 30/03
Constitutional Court, 10 March 2004: JURISDICTION; INDEPENDENCE OF THE JUDICIARY
What constitutes �constitutional issues' for leave to appeal from the Supreme Court of Appeal against an acquittal in a criminal case following refusal of an application for recusal, where such an appeal would not raise a question of law and would deal only with findings of fact.
Full text at
http://www.concourt.gov.za
Lawyers for Human Rights & Anor v Minister of Home Affairs & Anor
CCT 18/03
Constitutional Court, 9 March 2004: LIBERTY & SECURITY; ASYLUM SEEKERS
Detention of illegal immigrants prior to deportation deemed to be excessively long and lacking in sufficient safeguards.
Full text at
http://www.concourt.gov.za
Khosa & Ors v Minister of Social Development & Ors
CCT 12/03
Constitutional Court, 4 March 2004: LIFE; DISCRIMINATION; SOCIAL SECURITY
Unlawful to deny social assistance to destitute non-citizens who are permanent residents.
Full text at
http://www.concourt.gov.za
Flynn & Ors v. Her Majesty's Advocate (High Court of Justiciary)
[2004] UKPC D1
Privy Council (Scotland), 18 March 2004: LIBERTY & SECURITY; SENTENCING
Revised sentencing regime for those convicted of murder held to be compatible with European Convention on Human Rights (EHCR) after removal of undue executive discretion.
Full text at http://www.privy-council.org.uk/files/other/flynn.rtf
Re McKerr
[2004] UKHL 12
House of Lords, 11 March 2004: LIFE
No obligation to conduct further investigation into fatal shooting occurring 20 years previously since no continuing breach of Article 2 of the ECHR; non- retrospectivity of Human Rights Act confirmed.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/12.html
R v Her Majesty's Coroner for the Western District of Somerset & Anor ex parte Middleton
[2004] UKHL 10
House of Lords, 11 March 2004: LIFE; PRISONERS
Regime for conducting investigations into deaths in custody did not in all cases meet the obligations under Article 2 of the ECHR; requirement that inquest verdicts clearly express jury's conclusions on cause of death.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/10.html
R v
Her Majesty's Coroner for the County of Yorkshire ex parte Sacker
[2004] UKHL 11
House of Lords, 11 March 2004: LIFE; PRISONERS
New inquest ordered after original failed to address the positive obligation under Article 2 of the ECHR to safeguard life following prisoner's suicide.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/11.html
R v Police Complaints Authority ex parte Green
[2004] UKHL 6
House of Lords, 26 February 2004: LIFE; CRUEL, INHUMAN & DEGRADING TREATMENT
Conduct of investigation into serious injuries resulting from alleged police misconduct did not breach either Article 2 or 3 of the ECHR.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/6.html
Ali v Lord Grey School
[2004] EWCA Civ 382
Court of Appeal (England & Wales), 29 March 2004: EDUCATION
Unlawfully excluding pupil from school could violate his right to education under Article 2 of the First Protocol to the ECHR.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/382.html
R v Dundon
[2004] EWCA Crim 621
Court of Appeal (England & Wales), 18 March 2004: FAIR HEARING; INDEPENDENCE OF THE JUDICIARY
Conviction quashed on grounds that naval court martial by a Judge Advocate was insufficiently independent and impartial.
Full text at
http://www.bailii.org/ew/cases/EWCA/Crim/2004/621.html
C v Home Office and the Criminal Injuries Compensation Authority
[2004] EWCA Civ 234
Court of Appeal (England & Wales), 3 March 2004: ACCESS TO JUSTICE; LIBERTY & SECURITY
Restricted legal aid scheme for making a criminal injuries compensation claim was compatible with the ECHR.
Full text at
http://www.bailii.org/ew/cases/EWCA/Civ/2004/234.html
February 2004
Last updated 24 February 2004.
Bashford v Information Australia (Newsletters) Pty Limited
[2004] HCA 5
High Court, 11 February 2004: FREE EXPRESSION
Absence of availability of defence of fair and accurate report of judicial proceedings in a defamation action does not preclude the availability of defence of qualified privilege.
Full text at
http://www.austlii.edu.au/au/cases/cth/HCA/2004/5.html
Cartwright & Anor v Superintendent of HM Prison & Anor
[2004] UKPC 10
Privy Council, 10 February 2004: HABEAS CORPUS; EXTRADITION; APPEAL
Right of appeal lay from decision to deny extradition and grant habeas corpus even in absence of legislative provision.
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/10.html
Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment & Anor
[2004] UKPC 6
Privy Council, 29 January 2004: ENVIRONMENT; FAIR HEARING
Decision to build environment-threatening dam not unlawful; no obligation to hold public hearing on the project.
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/6.html
Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)
[2004] SCC 4
Supreme Court, 30 January 2004: CRUEL, INHUMAN TREATMENT; CHILDREN
Use of reasonable force by parents and teachers in the form of corporal punishment does not constitute cruel and inhuman treatment.
Full text at
http://www.canlii.org/ca/cas/scc/2004/2004scc4.html
R v Lyttle
[2004] SCC 5
Supreme Court, 12 February 2004: FAIR HEARING; EQUALITY OF ARMS
Undue restriction on right of accused to conduct proper cross-examination of principal prosecution witness.
Full text at
http://www.canlii.org/ca/cas/scc/2004/2004scc5.html
Worme & Anor v Commissioner of Police
[2004] UKPC 8
Privy Council, 29 January 2004: FREE EXPRESSION
Crime of intentional libel did not violate the right to free expression following publication of article critical of Prime Minister. Free expression protects the freedom to publish material discussing political matters and the conduct of public figures in relation to parliamentary elections provided the material is true and for the public benefit.
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/8.html
Bishop of Roman Catholic Diocese of Port Louis & Ors v Tengur & Ors
[2004] UKPC 9
Privy Council, 3 February 2004: EDUCATION; EQUALITY; RELIGION
Admissions policy for schools favouring certain religion violated constitutional equality provisions.
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/9.html
Harracksingh v Attorney General of Trinidad and Tobago
[2004] UKPC 3
Privy Council, 15 January 2004: APPEAL; EVIDENCE; LIBERTY & SECURITY; REMEDIES
Appeal court erred in reversing trial judge's conclusions on reliability of witness testimony in civil action against police for false imprisonment and assault. Attorney General vicariously liable for torts.
Full text at
http://www.bailii.org/uk/cases/UKPC/2004/3.html
Al �Ameri v Royal Borough of Kensington and Chelsea
[2004] UKHL 4
House of Lords, 5 February 2004: HOUSING; LIFE; ASYLUM
Asylum seeker facing destitution should not be forced to accept accommodation outside an area of his choosing.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/4.html
R v H
[2004] UKHL 3
House of Lords, 5 February 2004: FAIR HEARING; EVIDENCE
Claims for public interest immunity made on behalf of the prosecution will not violate Article 6 of the ECHR provided they are conducted with scrupulous attention to appropriate governing principles and continuing regard to the proper interests of the defendant.
Full text at
http://www.bailii.org/uk/cases/UKHL/2004/3.html
JANUARY 2004
Last updated 06 January 2004.
Appellant S395/2002 v Minister for Immigration and Multicultural Affairs
[2003] HCA 71
High Court, 9 December 2003: REFUGEES, SEXUALITY
Whether a need for homosexuals in Bangladesh to act discreetly to avoid serious harm constituted persecution.
Full text at
http://www.austlii.edu.au/au/cases/cth/HCA/2003/71.html
R v Malmo-Levine; R v Caine
[2003] SCC 74
R v Clay
[2003] SCC 75
Supreme Court, 23 December 2003: LIBERTY
Prohibition on marijuana did not infringe liberty rights under s 7 of the Charter.
Full text at
http://www.canlii.org/ca/cas/scc/2003/2003scc75.html and
http://www.canlii.org/ca/cas/scc/2003/2003scc74.html
Beals v Saldanha
[2003] SCC 72
Supreme Court, 18 December 2003: REMEDIES
Section 7 of the Charter protecting principles of fundamental justice did not shield defendant from enforcement of foreign judgment.
Full text at
http://www.canlii.org/ca/cas/scc/2003/2003scc72.html
R v Taillefer; R v Duguay
[2003] SCC 70
Supreme Court, 12 December 2003: FAIR TRIAL
Failure of prosecution to disclose all relevant evidence to defence infringed right of accused to make full answer and defence.
Full text at
http://www.canlii.org/ca/cas/scc/2003/2003scc70.html
Skeete v The State
[2003] UKPC 82
Privy Council, 24 November 2003: FAIR TRIAL
Impact of conduct of counsel and judge on fairness of trial for attempted murder.
Full text at
http://www.bailii.org/uk/cases/UKPC/2003/82.html
Attorney General's Reference No 2 of 2001
[2003] UKHL 68
House of Lords, 11 December 2003: FAIR TRIAL
Whether criminal proceedings may be stayed on the grounds that the �reasonable time' provision of Art 6 ECHR has been violated even though there is no demonstrable prejudice to the accused; when does �reasonable time' period commence?
Full text at http://www.bailii.org/uk/cases/UKHL/2003/68.html
Marcic v Thames Water Utilities Ltd
[2003] UKHL 66
House of Lords, 4 December 2003: HOME, ENVIRONMENT
Whether a statutory scheme for dealing with periodic sewer flooding satisfied the right to privacy and protection of the home under Art 8(1) of the ECHR.
Full text at
http://www.bailii.org/uk/cases/UKHL/2003/66.html
R v Asante-Mensa
(2003-07-11) SCC
Supreme Court, 11 July 2003: LIBERTY & SECURITY
Citizen could use reasonable force in making a lawful arrest under Ontario's Trespass to Property Act. Concept of �arrest' defined.
Full text at
http://www.canlii.org/ca/cas/scc/2003/2003scc38.html
Trociuk v British Columbia
(2003-06-06) SCC
Supreme Court, 6 June 2003: EQUALITY
Denying an estranged father's request to have his details recorded on his child's birth certificate and therefore choose the latter's surname constituted unlawful sex discrimination.
Full text at
http://www.canlii.org/ca/cas/scc/2003/2003scc34.html
Yeung Ka Yee v HKSAR
FAMC No. 16 of 2003
Court of Final Appeal, 30 May 2003: LIBERTY & SECURITY; ILL TREATMENT
Two-hour delay in conveying suspect to police station acceptable since not all breaches of custody guidelines amounted to oppression.
Full text at
www.hklii.org/hk/eng_jud/HKCFA/2003/
20030530_FAMC000016_2003.html
State of Haryana & Anor v Tilak Raj & Ors
Appeal (Civil) 4570/2003
Supreme Court, 14 July 2003: EQUALITY; WORK
Equal pay for equal work should only be applied to comparable jobs and not, for example, between daily-rated workers and regular employees. However, former should be paid at least minimum wage.
Full text at
http://www.judis.nic.in/sc/qrydisp.asp
The Gleaner Company & Anor v Abrahams
PC 86/ 2001
Privy Council, 14 July 2003: FREE EXPRESSION
Award of over �500,000 damages in libel case not deemed to be excessive.
Full text at
http://www.privy-council.org.uk/files/other/gleaner-final.rtf
R v Greer
CA197/01
Court of Appeal, 4 June 2003: FAIR HEARING
Denying computer facilities to prisoners could have a detrimental impact on their ability to prepare a full defence.
Full text at
http://www.brookers.co.nz1
London Borough of Harrow v Qazi
[2003] UKHL 43
House of Lords, 31 July 2003: HOUSING
Held 3:2 that the right to respect for home did not prevail against a local authority order for lawful possession against a tenant. Extensive discussion of ECHR jurisprudence on housing rights.
Full text at
http://www.bailii.org/uk/cases/UKHL/2003/43.html
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