R & Ors (on the application of) v Metroplitan Police Commssioner & Ors [2004] EWHC 2229 (Admin) (07 October 2004)

R & Ors (on the application of) v Metroplitan Police Commssioner & Ors [2004] EWHC 2229 (Admin) (07 October 2004)

Although the authorities failed to explicitly recognise the potential infringement of Article 8 rights and did not formally consider necessity and proportionality, the publicity given was, in the circumstances, necessary and proportionate to the legitimate aims of enforcement, reassurance, and deterrence. The information publicised was already largely in the public domain, the use of photographs and personal details was justified, and the geographical spread of publicity was appropriate. There was no unlawful interference with the claimants' Article 8 rights.

Citation
[2004] EWHC 2229 (Admin)
Parties
Claimants: Jovan Stanley, William Marshall and Martin Kelly; First Defendant: Metropolitan Police Commissioner; Second Defendant: London Borough of Brent; Intervening Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
07 October 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Anti Social Behaviour Orders, Publicity of Court Orders, Article 8 ECHR, Proportionality, Local Authority Powers, Police Powers
Public Law Human Rights Law Administrative Law Anti Social Behaviour Orders Publicity of Court Orders Article 8 ECHR Proportionality Local Authority Powers +1 more

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Parties

Jovan Stanley, William Marshall and Martin Kelly

Claimants

Metropolitan Police Commissioner

First Defendant

London Borough of Brent

Second Defendant

Secretary of State for the Home Department

Intervening Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the publicity given to the making of anti-social behaviour orders (ASBOs) breached the claimants' rights under Article 8 of the European Convention on Human Rights
  2. 2 Whether the publicity was necessary and proportionate to the legitimate aims pursued by the authorities
  3. 3 Whether the authorities had power to publicise the ASBOs and whether the process followed was lawful

Ratio Decidendi

Although the authorities failed to explicitly recognise the potential infringement of Article 8 rights and did not formally consider necessity and proportionality, the publicity given was, in the circumstances, necessary and proportionate to the legitimate aims of enforcement, reassurance, and deterrence. The information publicised was already largely in the public domain, the use of photographs and personal details was justified, and the geographical spread of publicity was appropriate. There was no unlawful interference with the claimants' Article 8 rights.

Court Disposition

application dismissed

Orders

  • Application for judicial review dismissed.
  • Detailed assessment of claimants' costs payable out of the Community Legal Service Fund.