The case was brought by a Lebanese citizen who had come to the UK in order to seek asylum for herself and her two children on the basis of persecution for her religious beliefs. Her claim for asylum on this ground was rejected, but she challenged her removal on the basis that removal would result …Read more

The applicant, Ms. Kolanis, was convicted of a crime and found to be suffering from mental illness pursuant to the Mental Health Act 1983. Her application to reside at home was upheld by the Tribunal, which ordered her conditional discharge provided she live at home with her parents, be supervised by a social worker and …Read more

Applicant, a United Kingdom national who had served in the British Army, maintains that his health problems, which left him handicapped, were the result of his participation in mustard and nerve gas tests conducted while he served in the British Armed Forces at the Chemical and Biological Defense Establishment (CBDE) at Porton Down Barracks (England) …Read more

Mrs. Porter, a 62 year old Romany gypsy, lived in a mobile home on a plot of land that she purchased in 1985. Her occupation of the site was unauthorized from the beginning. The home provided the appearance of a “permanent dwelling” but was in violation of the local Council’s planning control that did not …Read more

Carole Ogilvy Chester made a claim of medical negligence against her surgeon Fari Afshar and sought damages. Ms. Chester suffered from severe backaches for a considerable amount of time, and was referred to Dr. Afshar who was a renowned consultant neurosurgeon. Dr. Afshar advised her to go in for surgery, which she did. The surgery …Read more

The Secretary of State sought to appeal a decision which held that removing Mr. Razgar from the United Kingdom would be a violation of his rights under the European Convention on Human Rights (ECHR). Mr. Razgar was an asylum seeker from Iraq who initially sought asylum in Germany, where he claimed to have been detained, …Read more

Susan Archibald claimed that her employer, Fife Council, had discriminated against her on the grounds of her disability under the Disability Discrimination Act 1995 (the Act). Fife Council had employed Ms. Archibald as a road sweeper since 1997. She underwent a minor surgery in April 1999, which due to a rare complication left her virtually …Read more

An Afghani woman (appellant) seeks asylum in the United Kingdom. The Appellant and her husband lived and worked in Kabul, Afghanistan with their three young children. After war broke out in 1992 and the destruction of the family home, the Appellant and her family left Kabul and moved to Takhar, a town in northern Afghanistan …Read more

This case concerns an adjudicator’s review of the deportability of a Rwandan national infected with HIV in the UK. The claimant was a Rwandan, who in June 2001 was raped by soldiers in her home and took her husband. The incident arose out of the 1994 Rwandan genocide, in which her husband was a member of …Read more

A local authority decided that an elderly woman, G, who had lived happily in residential care accommodation since 1996, should be moved to a nursing home. G applied to get the decision quashed, but this was refused. This case concerned her appeal of the refusal to quash the local authority’s decision. When G was moved …Read more

The claimant Yvonne Watts brought an action against the Secretary of State for Health claiming that she was entitled to the cost of reimbursement for an operation she underwent in France. Watts was a resident of the United Kingdom. In September 2002, she was diagnosed with osteoarthritis in both of her hips. Soon after, it …Read more

This case concerned what level of destitute asylum seekers must have reached before their condition signified a violation of Article 3 of the European Convention on Human Rights and Fundamental Freedoms (“Convention”), which prohibits torture and cruel or inhuman or degrading treatment. A violation of Article 3 required the Secretary of State for the Home …Read more

In 1999, it was disclosed that for many years tissue and organs had been taken at or after post-mortems on deceased children, which were retained without the knowledge of the parents. Hospital post-mortem examinations were generally carried out following the death of a person in a hospital, provided, in accordance with the Human Tissue Act …Read more

Applicants, a severely handicapped child and his mother (and legal proxy) Ms. Glass, claimed an Article 8 violation (right to respect for private life) when Ms. Glass’ objection to a course of medical treatment was overruled by the medical staff. As a legal proxy, the mother gave authorization to the doctors at St Mary’s Hospital …Read more

The applicant, a United Kingdom national, suffered from severe autism. He was unable to speak, his level of understanding was limited, and he lacked the ability to consent or refuse treatment. For over thirty years he had been cared for in Bournewood Hospital as an in-patient at the Intensive Behavioural Unit after which time he …Read more

The Appellant, Dica, was HIV-positive. He engaged in unprotected sexual intercourse with two women. Both women tested positive for HIV subsequent to their sexual encounters with the Appellant. It was not clear whether the women were aware of the Appellant’s HIV status at the time of the encounters. The prosecution did not argue that the …Read more

H, a young woman who suffered from Down’s syndrome and was severely mentally disabled, lived with her mother, BL, who was deeply distrustful of the health authorities. When her BL fell ill and H’s behaviour became increasingly disturbed H was formally admitted to hospital for assessment under section 2 (allowing mandatory commitment for mentally ill …Read more

After conceiving as a result of a failed sterilization surgery, Karina Rees filed a claim of negligence against the Darlington Memorial NHS Trust (the Trust) to recover the costs of rearing her child. Mrs. Rees suffered from a genetic condition that had left her almost completely blind. She believed that her disability meant that raising …Read more

F, M, D, B, J and Q were six asylum-seekers who had sought assistance from the Secretary of State under the Nationality, Immigration and Asylum Act, 2002. As per section 55 of the Act, the Secretary of State may not provide support to an asylum-seeker, if the Secretary “is not satisfied that the claim was …Read more

Applicants, family members of an individual addicted to heroin who died in prison, alleged that the State violated Articles 3 (freedom from torture or to inhuman or degrading treatment or punishment) and 13 (right to effective remedy) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) because the prisoner, Ms. …Read more

Haja Mansaray, a Sierra Leone national, appealed a decision to refuse her asylum. She alleged that her removal would be contrary to the Refugee Convention and in violation of article 3 (inhuman or degrading treatment) of the European Convention on Human Rights (ECHR), because she would be unable to access the mental health care she …Read more

Elizabeth Heather and Hilary Collins are patients at a home called Le Court, which is owned and run by Leonard Cheshire Foundation (hereinafter referred to as “LCF”). The majority of patients at Le Court came from local authorities’ social services departments. Trustees of LCF decided to cease to operate Le Court in its present form …Read more

The appellant (Seahawk) tried to import a cargo of frozen cooked shrimps intended for human consumption from Vietnam into the United Kingdom and into the territory of European Union (EU). The defendant (the Health Authority) rejected the cargo from landing at Southampton and subsequently prohibited its entry into the areas of EU, claiming that the …Read more

H was diagnosed as HIV positive whilst working as a care worker for the second respondent, N, the responsible health authority. Upon being diagnosed, H ceased to carry on practice as a healthcare worker and notified N of the reason for this. Under the Department of Health Guidelines (the ”guidelines”) patients who had undergone medical …Read more

The applicant, a United Kingdom citizen had always enjoyed dressing as a woman since her young age and had the impression that her body did not fit her mind. Thus she started treatment with a psychiatrist and underwent gender re-assignment surgery. After the procedure, she experienced problems at work such as harassment allegedly because of …Read more

Applicant, a U.K. national, alleged that English law violated her rights under Articles 2 (right to life), 3 (freedom from torture or to inhuman or degrading treatment or punishment), 8 (right to respect for his private and family life) and 9 (right to freedom of thought, conscience and religion) of the European Convention on Human …Read more

P was a U.S. citizen and C was her British husband. Their daughter, S, was born in 1998 in the UK. In 1985, P had given birth to a son B in the US. In 1994, the California authorities took B into protective custody, alleging that P was harming B by administering laxatives to him …Read more

B and W were detained in hospital after being sentenced to terms of discretionary life imprisonment. Both complained that they did not have access to a procedure by which they could challenge the lawfulness of their continued detention. B was sentenced to life imprisonment for rape in 1983. His tariff period of detention was set …Read more

Bensaid brought an action against the United Kingdom as a result of a proposed deportation order to Algeria. Bensaid was a schizophrenic suffering from a psychotic illness. He had arrived in the United Kingdom from Algeria in 1989 and had been granted indefinite leave to remain after marrying a United Kingdom citizen. This leave lapsed …Read more

P, who is a UK national, was four-limb deficient as a result of procomelia due to thalidomide. She also suffered kidney problems. On 20 January 1995, in the course of civil proceedings in Lincoln County Court for recovery of a judgment debt, P refused to answer questions regarding her financial status and was committed to …Read more