| Case | Date | Sections declared incompatible | Comments |
| R (o.t.a. H) v Mental Health Tribunal North and East London Region | 04-Apr-01 | Section 73 of the Mental Health Act 1983 | Amended by Mental Health Act (Remedial) Order 2001 (made 18/11/01, in force 26/11/01) |
| International Transport Roth GmbH v Secretary of State for the Home Department | 05-Dec-01 | Penalty Scheme contained in Part II of the Immigration and Asylum Act 1999 | By Sullivan J. The declarations were upheld by the Court of Appeal 22 February 2002. Amended by Nationality, Immigration and Asylum Act 2002, section 125, and Schedule 8(Amendments to the Bill tabled on Report in the House of Commons, 12 June 2002. In force 14 November 2002/ 8 December 2002).. |
| R v McR | 15-Jan-02 | Section 62 of the Offences Against the Person Act 1861 | Criminal Justice (Northern Ireland) order 2002 (2003 No 1247 (N.I. 13), Article 19 and Schedule 1. Made 8 May 2003. (No prosecutions have been brought under section 62 since the declaration of incompatibility). |
| R (o.t.a. Wilkinson) v Commissioners of Inland Revenue | 14-Feb2002 | Section 262 of the Income and Corporation Taxes Act 1988 | By Moses J (upheld by the Court of Apeal). The sections declared incompatible are no longer in force. |
| R (Anderson) v SSHD | 25-Nov-02 | s.29 of the Crime (Sentences) Act 1997 | Declaration made by the House of Lords. Amended by Clauses 254 - 262 and Schedule 17 to the Criminal Justice Bill (amendments introduced at Report stage in the House of Commons, 2 April 2003) |
| D v SSHD | 19-Dec-02 | Section.74 of the Mental Health Act 1983 | The declaration declared the absence of any power in s.74 or any other statutory provision for the release of a prisoner in the circumstances of the applicant to be incompatible with the Art. 5(4). The declaration is not being appealed - it is intended to remedy matters in the Criminal Justice Bill, and the amendments to do so are being prepared. |
| Blood and Tarbuck v Secretary of State for Health | Apr-03 | Section 28(6)(b) Human Fertilisation and Embryology Act 1990 | The declaration was given by consent (incompatibility with Art 8, and/or Art.8 with Art 14). Amended by Human Fertilisation and Embryology (Deceased Fathers) Act (which received royal assent 18 September 2003 (the Bill, a private member's Bill, received its 1st reading on 11 December 2002, and was assisted by the government). |
| Bellinger v Bellinger | 10-Apr-93 | Section 11(c) Matrimonial Causes Act 1973 | Incompatible with Art 8, and Art 12. The Gender Recognition Bill was published on 10 July 2003. It will be introduced in Parliament in the next session. |
| R (on the application of FM) v Secretary of State for Health | May-03 | Section 26(1) and 29 Mental Health Act 1983 | Incompatible with Article 8, in that the Claimant has no choice over the appointment or legal means of changing the appointment of her nearest relative. (The wording of the Order has been agreed between the parties, but the judge's final approval is awaited). |
| R (Uttley) v Secretary of State for the Home Department | 30-Jul-03 | Sections 33(2), 37(4)(a) and section 39 of the Criminal Justice Act 1991 | Incompatible with claimants rights under Article 7, insofar as it provides that he will be released at the two-thirds point of his sentence on licence with conditions and be liable to be recalled to prison. |
Declaration of Incompatibility made but overturned on appeal
| Alconbury | 13-Dec-00 |
The Town and Country Planning Act 1990, (a) s 77; 78 and 79 (excluding the words inserted into sub section 79(4) by paragraph 19 of Schedule 7 to the Planning and Compensation Act 1991); (b) paragraphs 3 and 4 of Schedule 6 (insofar as it applied to section 79); The Transport and Works Act 1992 sections 1, 3 and 23(4); The Highways Act 1980 sections 14(3)(a), 16(5)(a), 18(3)(a) and 125 and paragraphs 1, 7 and 8 of Part 1 of Schedule 1; The Acquisition of Land Act 1981 section 2 (3) and paragraph 4 of Schedule 1. |
The declarations were overturned by the House of Lords, 9 May 2001 |
| Wilson v First County Trust | 02-May-01 | Section 127(3) of the Consumer Credit Act 1974 declared incompatible by CA | On appeal to HL |
| Matthews v Ministry of Defence. | 22-Jan-02 | Section 10 Crown Proceedings Act 1947 | The Court of Appeal overturned the judgment of Keith J declaring the section incompatible on 29 May 2002. The case is being appealed to the HL. |
| R (o.t.a. Hooper and others) v Secretary of State for Work and Pensions | 14-Feb2002 | ss 36 and 37 of the Social Security Contributions and Benefit Act 1992 | The Courtof Appeal overturned the judgment of Moses J declaring the section incompatible on 18/06/03. |
| A,X and Y v SSHD | 30-Jul-02 | Section 23, Anti-Terrorism, Crime and Security Act 2001 | The Court of Appeal overturned the judgment of the Special Immigration Appeals Tribunal on 25 October 2002. |