Search Results for: European Convention on Human Rights 1 13

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Accession Of The European Union To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: ECJ 13 Jun 2014

ECJ (View Of Advocate General Kokott) Conclusion of international agreements by the European Union – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) – Preservation of the specific characteristics of the European Union and EU law – Maintaining the competences of the European Union … Continue reading Accession Of The European Union To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: ECJ 13 Jun 2014

Millicom Service UK Ltd and Others v Clifford: EAT 11 May 2022

Practice and procedure – rule 50(1) schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 The respondents made an application under rule 50(1) schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (‘the ET Rules’) to prohibit the disclosure of information relating to specified matters on the … Continue reading Millicom Service UK Ltd and Others v Clifford: EAT 11 May 2022

Kirkwood v The United Kingdom: ECHR 12 Mar 1984

(Admissibility – Commission) The claimant, a United States national, said that the proceedings for his extradition from the United Kingdom to the United States infringed article 6(3)(d), because he was not permitted to cross-examine the witnesses against him in the United Kingdom. Held: Although ‘the tasks of the Magistrates’ Court included the assessment of whether … Continue reading Kirkwood v The United Kingdom: ECHR 12 Mar 1984

Oneryildiz v Turkey: ECHR 18 Jun 2002

(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal house-hold refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house, killing his close relatives. The applicant claimed that the local authorities were responsible for the accident at the tip and for … Continue reading Oneryildiz v Turkey: ECHR 18 Jun 2002

Regina v Cotter and Others: CACD 10 May 2002

The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. … Continue reading Regina v Cotter and Others: CACD 10 May 2002

Dublin City Council v Gallagher: 11 Nov 2008

(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The district judge had found that save for a period when he resided with … Continue reading Dublin City Council v Gallagher: 11 Nov 2008

Ferrazzini v Italy: ECHR 12 Jul 2001

(Grand Chamber) The court had to decide whether tax proceedings brought by the state against an individual involved the determination of a civil right within the meaning of article 6(1). It was argued by the Government that the existence of an individual’s tax obligation to pay tax belonged exclusively to the realm of public law … Continue reading Ferrazzini v Italy: ECHR 12 Jul 2001

Fayed v United Kingdom: ECHR 6 Oct 1994

The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994

Eon v France (Note): ECHR 14 Mar 2013

ECHR – Information Note Citations: 26118/10, [2013] ECHR 1346 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.682589

Petukhova v Russia: ECHR 2 May 2013

Citations: 28796/07 – Chamber Judgment, [2013] ECHR 400 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Petukhova v Russia (Legal Summary) ECHR 2-May-2013 ECHR Article 5-1-bLawful order of a courtDetention in police station of person required by unlawfully issued court order to undergo psychiatric examination: violationFacts – In … Continue reading Petukhova v Russia: ECHR 2 May 2013

Tymoshenko v Ukraine: ECHR 30 Apr 2013

Citations: 49872/11 – Chamber Judgment, [2013] ECHR 389 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Tymoshenko v Ukraine ECHR 31-May-2012 . . See Also – Tymoshenko v Ukraine ECHR 3-Jul-2012 . . Legal Summary – Tymoshenko v Ukraine (Legal Summary) ECHR 30-Apr-2013 ECHR Article 5-1 Lawful arrest … Continue reading Tymoshenko v Ukraine: ECHR 30 Apr 2013

B v Romania (No 2): ECHR 19 Feb 2013

ECHR Article 8Positive obligationsArticle 8-1Respect for family lifeRespect for private lifeLack of adequate legal protection in a case concerning a mother’s committal to a psychiatric institution and the placement of her children in care: violationsFacts – The applicant was assisted by the social services from 1996 onwards, having been classified as a disabled person unfit … Continue reading B v Romania (No 2): ECHR 19 Feb 2013

Austrianu v Romania: ECHR 12 Feb 2013

ECHR Article 9-1Manifest religion or beliefConfiscation of cassette player used by prisoner to listen to religious tapes: inadmissibleFacts – The applicant, who was of Baptist confession, was serving a lengthy prison sentence. After reacting to the confiscation of a small radio-cassette player he had received after obtaining good results on a ‘Christian moral education’ programme, … Continue reading Austrianu v Romania: ECHR 12 Feb 2013

Garcia Mateos v Spain: ECHR 19 Feb 2013

ECHR Article 14DiscriminationFailure to enforce a judgment acknowledging gender discrimination against a working mother: violationFacts – In February 2003, relying on the labour regulations, the applicant asked her employer for a reduction in her working hours as she had custody of her son, who was under the six-year age-limit. When her employer refused, she brought … Continue reading Garcia Mateos v Spain: ECHR 19 Feb 2013

Neij And Sunde Kolmisoppi v Sweden: ECHR 19 Feb 2013

ECHR Article 10-1Freedom to impart informationFreedom to receive informationConviction and order to pay damages for operating website allowing third parties to share files in breach of copyright: inadmissibleFacts – During 2005 and 2006 the two applicants were involved in different aspects of one of the world’s largest file sharing services on the Internet, the website … Continue reading Neij And Sunde Kolmisoppi v Sweden: ECHR 19 Feb 2013

Percival v Revenue and Customs: FTTTx 18 Apr 2013

FTTTx INCOME TAX – Taxpayer a British national resident in the Republic of Ireland – taxed in the UK on a civil service pension by virtue of Article 18 UK/Irish Double Taxation Convention – taxpayer’s wife an Irish national taxed on UK local authority pension in Ireland – taxpayer taxed less favourably in the UK … Continue reading Percival v Revenue and Customs: FTTTx 18 Apr 2013

Kruglova And Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee Citations: 12283/14, [2022] ECHR 989 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682613

Shapkin and Makovskyy v Ukraine: ECHR 10 Nov 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 13795/20, [2022] ECHR 975 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682636

Mraovic v Croatia: ECHR 14 May 2020

ECHR Judgment : No Right to a fair trial : First Section ECHR Judgment : Struck out of the list : Grand Chamber Citations: 30373/13, [2020] ECHR 323, [2021] ECHR 294 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.651028

Esbester v United Kingdom: ECHR 2 Apr 1993

(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his rejection had been based. Held: The complaints were manifestly unfounded. As to Article 8: ‘In … Continue reading Esbester v United Kingdom: ECHR 2 Apr 1993

O’Connell, Regina (on the Application of) v The Parole Board and Another: Admn 13 Nov 2007

Fundamental issues as to the function and status of the Parole Board. It does so in the context of a challenge to the decision of the Board on the 18th July 2006 refusing to direct the claimant’s release on licence under section 247 of the Criminal Justice Act 2003 (the 2003 Act). The challenge was … Continue reading O’Connell, Regina (on the Application of) v The Parole Board and Another: Admn 13 Nov 2007

ALF v United Kingdom: ECHR 12 Nov 2013

ECHR – DECISION Citations: 5908/12, [2013] ECHR 1370 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682590

Leander v Sweden: ECHR 26 Mar 1987

Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987

Kotlyar v Ukraine: ECHR 10 Nov 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 36124/13, [2022] ECHR 955 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682612

Identoba And Others v Georgia: ECHR 12 May 2015

ECHR Article 3 Positive obligations State’s failure to protect demonstrators from homophobic violence: violation Article 14 Discrimination State’s failure to investigate homophobic motives behind violence during demonstration: violation Facts – The applicants were a non-governmental organisation set up to promote and protect the rights of LGBT people in Georgia, and 14 individuals. On 17 May … Continue reading Identoba And Others v Georgia: ECHR 12 May 2015

Ilievska v The Former Yugoslav Republic of Macedonia: ECHR 7 May 2015

Article 3 Degrading treatment Handcuffing of patient on her way to a psychiatric hospital: violation Facts – The applicant underwent cancer surgery and chemotherapy in April 2009. In October 2009 her husband called for medical assistance as she was suffering from anxiety and distress. On the advice of medical practitioners the applicant was transferred to … Continue reading Ilievska v The Former Yugoslav Republic of Macedonia: ECHR 7 May 2015

SL And JL v Croatia: ECHR 7 May 2015

ECHR Article 1 of Protocol No. 1 Positive obligations Failure of the state to protect the property rights of minors under a real-estate swap agreement: violation Facts – In 1997 the applicants, two minor sisters represented by their mother, purchased a villa for EUR 60,000. The mother and Z.L., who was the applicants’ legal guardian … Continue reading SL And JL v Croatia: ECHR 7 May 2015

SJ v Belgium (Striking Out): ECHR 19 Mar 2015

ECHR Grand Chamber Article 37 Article 37-1 Striking out applications Application concerning absence of suspensive effect of application for judicial review of deportation order or of refusal of leave to remain: struck out following friendly settlement Article 13 Effective remedy Absence of suspensive effect of application to Aliens Appeals Board for judicial review of deportation … Continue reading SJ v Belgium (Striking Out): ECHR 19 Mar 2015

Owczarek v Polish Judicial Authority: Admn 21 Nov 2022

Whether extradition to allow prosecution for theft of 80 pounds in 2003 was proportionate. Judges: Mr Justice Julian Knowles Citations: [2022] EWHC 2913 (Admin) Links: Bailii Statutes: ECHR European Convention on Human Rights 8 Jurisdiction: England and Wales Extradition, Human Rights Updated: 30 November 2022; Ref: scu.683566

O’Connor v Bar Standards Board: SC 6 Dec 2017

The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017

O’Connor v Bar Standards Board: QBD 18 Dec 2014

Appeal against an order of Deputy Master Eyre by which he struck out the appellant’s statements of case and dismissed the action with judgment for the defendant with costs. The claimant said that the procedures adopted by the Board in disciplinary proceedings had (inter alia) infringed her human rights. She had eventually been cleared of … Continue reading O’Connor v Bar Standards Board: QBD 18 Dec 2014

MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019

(i) A decision of the Secretary of State not to grant indefinite leave to remain to a person subject to the restricted leave policy (‘the RL policy’) does not normally engage Article 8 of the European Convention on Human Rights. However, Article 8 may be engaged by a decision to refuse to grant indefinite leave … Continue reading MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019

Spiller and Another v Joseph and Others: SC 1 Dec 2010

The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010

VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

King v Telegraph Group Ltd: CA 18 May 2004

The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004

Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003

The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004