Declaration of Incompatibility in UK Law

  • Wilson v First County Trust Ltd (No 2)
    • House of Lords
    • 10 Julio 2003
    ... ... Rights Act , that the court was considering whether to make a declaration of incompatibility. The Secretary of State for Trade and Industry was then ... ...
  • Ghaidan v Godin-Mendoza
    • House of Lords
    • 21 Junio 2004
    ... ... Hence he is entitled to a declaration that on the death of Mr Wallwyn-James he succeeded to a statutory tenancy ... power under section 3 or to make a declaration of incompatibility under section 4. For the first and second lists (A and B) I am indebted to ... ...
  • Poplar Housing and Regeneration Community Association Ltd v Donoghue
    • Court of Appeal (Civil Division)
    • 27 Abril 2001
    ... ... He was able to do so because the defendant was seeking a declaration of incompatibility. The HRA and the CPR make provision for the Crown to ... ...
  • R (on the application of T) v Chief Constable of Greater Manchester
    • Supreme Court
    • 18 Junio 2014
    ... ... , therefore, the result is that there is no presently effective declaration that the 1975 Order is ultra vires. In these circumstances one would ... THE 1997 ACT: DECLARATION OF INCOMPATIBILITY ... 51 Under article 34 of the ECHR the jurisdiction ... ...
  • Doherty and Others v Birmingham City Council
    • House of Lords
    • 30 Julio 2008
    ... ... Alternatively your Lordships should make a declaration of incompatibility, and the case should be remitted to the county court to ... ...
  • R (on the application of Anderson) v Secretary of State for the Home Department
    • House of Lords
    • 25 Noviembre 2002
    ... ... , the only relief which the appellant could obtain would be a declaration of incompatibility under section 4 of the 1998 Act. On this point I am ... ...
  • R (on the application of Nicklinson and another) v Ministry of Justice; R (on the application of AM) v DPP
    • Supreme Court
    • 25 Junio 2014
    ... ... himself, Mr Nicklinson applied to the High Court for (i) a declaration that it would be lawful for a doctor to kill him or to assist him in ... a Convention right, … it may make a declaration of that incompatibility". Section 6 requires public authorities to act compatibly with the ... ...
  • R v A (No 2)
    • House of Lords
    • 17 Mayo 2001
    ... ... to be joined as a party with a view to the possibility of a declaration of incompatibility between the provisions of section 41(3)(b) (in so far ... ...
  • Kay v Lambeth City Council; Leeds City Council v Price
    • House of Lords
    • 08 Marzo 2006
    ... ... Lambeth appellant) brought an action against Lambeth seeking a declaration that he was a secure tenant. In August 2000 Lambeth began summary ... 3 interpretive obligation may lead on to a declaration of incompatibility under section 4, which is a matter not within the jurisdiction of a county ... ...
  • A, X and Y and Others and Secretary of State for the Home Department
    • House of Lords
    • 16 Diciembre 2004
    ... ... 58 The Universal Declaration of Human Rights 1948 affirmed, in articles 1 and 2, the general principles ... , relevant only to the question whether a declaration of incompatibility under section 4 of the Human Rights Act 1998 should be made. The making of ... ...
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