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LORD JUSTICE LAWS LORD JUSTICE DYSON and LORD JUSTICE CARNWATH ____________________
Mr R Scannell (instructed by Lawrence & Co) for the Appellant Ms L Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State for the Home Department Ms F Webber (Intervenor) (instructed by The Terrence Higgins Trust) ____________________
D v UK (1997) 24 EHRR 423 is a decision of the European Court of Human Rights given in Strasbourg in 1997. It will be necessary to pay close attention to the court's reasoning in that case, upon which Mr Scannell places great reliance. I shall return to it in due course.
The court proceeded to discuss certain Strasbourg authority relating to the ECHR Article 8 (including Bensaid (2001) 33 EHRR 205 to which I will have to return), and a number of cases decided here, and held that neither the Human Rights Act (paragraph 47) nor domestic authority (paragraph 58) required that "extra-territorial" effect be given to Article 9. The court concluded as follows:
It is right that I should notice the separate opinion of Judge Sir Nicolas Bratza who, while concurring with the majority judgment in the result, expressed himself guardedly (paragraph 0-16):
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Common Room
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