R (Quark Fishing Ltd) v Secretary of State for Foreign and Commonwealth Affairs
Jurisdiction | UK Non-devolved |
Judge | LORD HOFFMANN,BARONESS HALE OF RICHMOND,LORD BINGHAM OF CORNHILL,LORD NICHOLLS OF BIRKENHEAD,LORD HOPE OF CRAIGHEAD |
Judgment Date | 13 October 2005 |
Neutral Citation | [2005] UKHL 57 |
Date | 13 October 2005 |
Court | House of Lords |
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73 cases
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Mutua v Foreign and Commonwealth Office [England, High Court, Queen's Bench Division]
...is the decision of the House of Lords in R (Quark Fishing Ltd) v. Secretary of State for Foreign and Commonwealth AffairsELR[2006] 1 AC 529 (hereafter the Quark Case, or simply Quark). It is useful to summarise the effect of that decision at this stage.51. The claimant in the case was a com......
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R (on the application of Barclay) v Secretary of State for Justice (Attorney General of Jersey and the States of Guernsey intervening)
...whose international relations the United Kingdom is responsible was considered by the House of Lords in R (Quark Fishing Ltd) v Secretary of State for Foreign and Commonwealth Affairs [2005] UKHL 57, [2006] 1 AC 529 (" Quark Fishing"). The company alleged that their rights under article 1......
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R Tony Michael Jimenez v The First Tier Tribunal (Tax Chamber) (First Respondent) HM Commissioners for Revenue and Customs (Second Respondent)
...is how Lord Nicholls of Birkenhead described it in R (Quark Fishing Ltd) v Secretary of State for Foreign and Commonwealth Affairs [2006] 1 AC 529, 545, para 32. 45. Behind the various rules of construction, a number of different policies can be seen at work. For example, every statute is i......
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R (Johnson and Others) v Havering London Borough Council; YL v Birmingham City Council
...section 6 in particular. In paragraph 34 of his speech in R(Quark Fishing Ltd) v Secretary of State for Foreign and Commonwealth Affairs [2005] UKHL 57, [2006] 1 AC 529, Lord Nicholls of Birkenhead said that the 1998 Act was "not intended to provide a domestic remedy where a remedy would ......
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4 books & journal articles
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Legality and Reality: Some Lessons from the Pitcairn Islands
...Reference (No. 2 of 2001) [2003] UKHL 68 and R v Secretary of State for Foreign andCommonwealth Affairs, ex p. Quark Fishing Ltd [2006] 3 LRC 577. 12 Liyanage v R [1966] 1 All ER 650.13 R (on the application of Bancoult) v Secretary of State for Foreign and Affairs [2001] QB 1067 at [43]. 7......
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Reconciling Different Legal Spheres in Theory and Practice: Pluralism and Constitutionalism in the Cases of Al-Jedda, Ahmed and Nada
...For t he protection of human rights in t he UK see: R (Quark Fishing Ltd) v. Secretary of St ate for Foreign and Co mmonwealth A airs [2006] 1 AC 529, para. 33–34: e Hum an Rights Act (HR A) was intended to ‘bring r ights home’ by providing ‘a remedia l structure in domest ic law for the......
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The Treatment of Foreign Terror Suspects
...it is remote in the case of rendered prisoners to179 App No16137/90,12 March 1990.180 Compare R(QuarkFishingLtd)vForeign Secretary [2005] UKHL 57 where the Human Rights Act1998ss 6, 7 did not apply to South Georgia.181 [2005] EWCACiv 1609 at[91].182 [2006] EWCACiv 327. See also R (onthe app......
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Guantánamo Bay: Towards Legality?
...bove.120 ibid at [53]^[60], per Lord Roger of Earlsferry approving of the dicta of Nicholls LJ in R(QuarkFishingLtd )vForeig n Secretar y [2005]UKHL 57.GuantaŁnamo Bay: Towards Legality?56 r2008 The Author.Journal Compilation r20 08 TheModern Law Review Limited.(2008) 71(1) 36 outlined by t......