Personal Rights in UK Law

Leading Cases
  • Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
    • House of Lords
    • 03 May 1972

    The words are a recognition of the fact that a limited company is more than a mere judicial entity, with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se which are not necessarily submerged in the company structure.

  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 December 2000

    The jurisprudence of the European Court very clearly establishes that while the overall fairness of a criminal trial cannot be compromised, the constituent rights comprised, whether expressly or implicitly, within article 6 are not themselves absolute.

  • R (RJM) v Secretary of State for Work and Pensions
    • House of Lords
    • 22 October 2008

    Other acquired characteristics are further out in the concentric circles; they are more concerned with what people do, or with what happens to them, than with who they are; but they may still come within article 14 (Lord Neuberger instances military status, residence or domicile, and past employment in the KGB).

  • Kay v Lambeth City Council; Leeds City Council v Price
    • House of Lords
    • 08 March 2006

    But if the requirements of the law have been established and the right to recover possession is unqualified, the only situations in which it would be open to the court to refrain from proceeding to summary judgment and making the possession order are these: (a) if a seriously arguable point is raised that the law which enables the court to make the possession order is incompatible with article 8, the county court in the exercise of its jurisdiction under the Human Rights Act 1998 should deal with the argument in one or other of two ways: (i) by giving effect to the law, so far as it is possible for it do so under section 3, in a way that is compatible with article 8, or (ii) by adjourning the proceedings to enable the compatibility issue to be dealt with in the High Court; (b) if the defendant wishes to challenge the decision of a public authority to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable, he should be permitted to do this provided again that the point is seriously arguable: Wandsworth London Borough Council v Winder [1985] AC 461.

  • Foskett v McKeown
    • House of Lords
    • 24 May 2000

    It is merely the process by which a claimant demonstrates what has happened to his property, identifies its proceeds and the persons who have handled or received them, and justifies his claim that the proceeds can properly be regarded as representing his property. It identifies the traceable proceeds of the claimant's property. It enables the claimant to substitute the traceable proceeds for the original asset as the subject matter of his claim.

  • Attorney-General v Blake (pet. all.)
    • House of Lords
    • 27 July 2000

    In reaching his conclusion the judge applied by analogy the cases mentioned above concerning the assessment of damages when a defendant has invaded another's property rights but without diminishing the value of the property. However, it is not easy to see why, as between the parties to a contract, a violation of a party's contractual rights should attract a lesser degree of remedy than a violation of his property rights.

  • Grant v State
    • Privy Council
    • 16 January 2006

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Legislation
  • The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014
    • UK Non-devolved
    • January 01, 2014
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... (1) This Act makes provision about the processing of personal data ... (2) Most processing of personal data is subject to the F51UK ... data subject's consent or another specified basis,(b) conferring rights on the data subject to obtain information about the processing of personal ... ...
  • The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019
    • UK Non-devolved
    • January 01, 2019
    ... ... protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection ... 1, Sch. 5 para. 1(1)), see reg. 1(2) ... (11) Chapter 3 (rights of the data subject) (1) Article 12 is amended as follows.(2) In paragraph ... ...
  • Legitimacy Act 1926
    • UK Non-devolved
    • January 01, 1926
    ... ... take any interest in real or personal property save as is ... hereinafter in this Act expressly provided ... Court as if it had been originally commenced therein ... Rights of legitimated persons, &c., to take interests in property.3 Rights of ... ...
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Books & Journal Articles
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