[2018] EWHC 1837 (Ch) [2018] EWHC 1837 (Ch)

As a starting point, as a matter of general principle, a suspect had a reasonable expectation of privacy in relation to a police investigation, which was not removed merely because the information had reached the hands of the media. The BBC was liable to Sir Cliff Richard for infringing his privacy rights by broadcasting the fact that he was the subject of a police investigation and that his property was being searched in connection with the investigation. The BBC was ordered to pay general damages, including aggravated damages, of £210,000.

Although the UK was not a safe haven for criminals, it was disproportionate to extradite a requested person pursuant to a conviction European arrest warrant where he had changed his behaviour and where there was a relatively short time remaining on his sentence for drug related offences.

[2018] EWCA Civ 1431 [2018] EWCA Civ 1431

The blanket ban on assisted suicide in the Suicide Act 1961 s.2(1) was a necessary and proportionate interference with the ECHR art.8 rights of the appellant, who proposed an alternative scheme for assisted suicide containing certain conditions and safeguards, including the approval of a High Court judge, for those who were terminally ill and had less than six months to live. The alternative scheme would not be effective and raised wide-ranging policy issues that would be better dealt with by Parliament.

[2018] UKSC 27 [2018] UKSC 27

The Northern Ireland Human Rights Commission had no standing to seek a declaration that abortion law in Northern Ireland was incompatible with ECHR art.3 and art.8 because it had not instituted proceedings by identifying any unlawful act or any actual or potential victim. Although the Supreme Court therefore had no jurisdiction to make a declaration of incompatibility, it considered that the current law was disproportionate and incompatible with art.8 insofar as it prohibited abortion in cases of fatal foetal abnormality and where pregnancy resulted from rape or incest.

Extradition was a proportionate interference with the private life of an individual convicted of serious offences of domestic violence despite an unexplained delay of more than eight years in reissuing a European arrest warrant. A district judge had been wrong to discharge him.