Civil Liberties and Human Rights

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  • Created by: Amy
  • Created on: 17-05-16 13:39
Malone v Met Police Commissioner (No.2)
plaintiff argued they his phone was bugged by police without lawful authority, thereby breaching his right to privacy. Courts refused to recognise that such a right existed in English law. held that no right could be imported from Article 8.
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Malone v UK
Malone took his case to the ECtHR. Held that the telephone tapping powers in the UK did contravene Article 8, as they were not subject to clear and accountable legal procedures. UK parliament passed the interception of communication act 1985.
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R (on the application of H) v London North and East Region Mental Health Review Tribunal
H applied to be released from mental hospital, required to prove conditions for detention no longer applied - imposed on him a reverse burden of proof which was incompatible with Art 5 - Declaration of incompatibility made.
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Wilson v First Country Trust Ltd
A loan agreement between C and D didn’t state the amount of credit. Section 127(3) of the Consumer Credit Act 1974 barred court from enforcing it. Held infringement of the right to a fair trial and the right to protection of property - Art 6(1)
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R (on the application of Wright) c Secretary for Health
HL held that the procedure for provisional listing did not meet the requirements of Article 6(1).The 2002 Care Standards Act was accordingly incompatible with the convention.
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Campbell v Mirror Group Newspapers (MGN) Ltd
Newspaper publised details of Naomi Campbell's drug treatment, photos taken outside Narcotics Anonymous meeting. Held no pressing need for publication, clear violation of model's right to privacy.
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Douglas v Hello Ltd
Wedding photos of Michael Douglas and Catherine Zeta-Jones published in OK! under exclusive agreement. Secret photos were sold to Hello - couple and OK! sought damages. Held breach of couple's confidence in the unauthorised publication of the picture
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HRH Prince of Wales v Associated Newspapers Ltd
Private diaries of the Prince of Wales were copied by a member of staff and passed to a newspaper which published them. Held staff was subject to duty of confidence breached in copying the diaries and published.
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Mosley v United Kingdom
Art 8 does not require a legally binding pre-notification requirement. Accordingly there has been no violation of art 8 by the absence of such a requirement in domestic law.
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DPP v Whyte
Owned bookshop - police seized large amount of ***********. Argued the customers could not be 'depraved and corrupted' sold because they were already used to viewing such material. Held nothing in the wording of the Act justified Ds assertions.
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Calder (John) (Publications) Ltd v Powell
Book depicting the life of a drug addict and highlighted the 'favourable' aspects of drug taking. Held obscenity not exclusively confined to sex. Book equally termed 'obscene'.
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Shaw v DPP
Published magazine containing contact details for prostitutes. HL held conviction was justified - conserve not only the safety and order but also the moral value and moral welfare of the state.
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R v Gibson
D staged an art exhibition containing a frozen three-month old foetus. Offence of public exhibition outraged public decency. Protect the public from suffering feelings of outrage by such exhibitions.
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R v Lemon
Magazine Gay News published a poem depicting the life of Jesus and describing sexual acts committed on his body after crucifixion. No requirement for an intention to blaspheme. Material held as blasphemous.
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R v Chief Metropolitan Stipendiary Magistrate, ex parte Choudhury
Claimant alleged the novel The Satanic Verses was blasphemous against Islam. Blasphemy could only be committed against Christianity.
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Secretary of State for Defence v Guardian Newspaper Ltd
Sarah Tisdall, worked for Foreign Office, revealed to the Guardian the secret arrival of American nuclear missiles at a UK airforce base. claimed that revealing this info was in the public interest. Held she contravened the Official Secrets Act.
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R v Ponting
Clive Ponting, an official in the ministry of defence, sent docs to an MP confirming that the government has misled Parliament over the sinking of a ship in the Falklands War, 368 soldiers died. Prosecuted under the OSA. Jury acquitted Ponting.
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Flockhart v Robinson
D accused of organising a political procession. The required the court to define the term 'procession'. 'A procession is not a mere body of persons: it is a body, of persons moving along a route'.
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Other cards in this set

Card 2

Front

Malone took his case to the ECtHR. Held that the telephone tapping powers in the UK did contravene Article 8, as they were not subject to clear and accountable legal procedures. UK parliament passed the interception of communication act 1985.

Back

Malone v UK

Card 3

Front

H applied to be released from mental hospital, required to prove conditions for detention no longer applied - imposed on him a reverse burden of proof which was incompatible with Art 5 - Declaration of incompatibility made.

Back

Preview of the back of card 3

Card 4

Front

A loan agreement between C and D didn’t state the amount of credit. Section 127(3) of the Consumer Credit Act 1974 barred court from enforcing it. Held infringement of the right to a fair trial and the right to protection of property - Art 6(1)

Back

Preview of the back of card 4

Card 5

Front

HL held that the procedure for provisional listing did not meet the requirements of Article 6(1).The 2002 Care Standards Act was accordingly incompatible with the convention.

Back

Preview of the back of card 5
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