Search Results for: European Convention on Human Rights 3 6.1

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Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981

Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have been imposed on the applicants (warning, censure and reprimand . .), the suspension of which they complained undoubtedly constituted a direct and … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981

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

Department for Work and Pensions v Courts: Admn 3 May 2006

The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006

Dvorski v Croatia: ECHR 28 Nov 2013

Citations: 25703/11 – Chamber Judgment, [2013] ECHR 1205 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Dvorski v Croatia ECHR 20-Oct-2015 Grand Chamber: ‘As the Court has already held in its previous judgments, the right set out in article 6.3(c) of the Convention is one element, among others, … Continue reading Dvorski v Croatia: ECHR 28 Nov 2013

Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003

Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given oral evidence, and the Registrar contended that any further appeal to the High court should … Continue reading Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003

Kolb and Others v Austria: ECHR 17 Apr 2003

The applicants alleged, in particular, that the length of land consolidation proceedings involving their property exceeded the ‘reasonable time’ requirement of Article 6 of the Convention. The first applicant also complained about hearings in camera. They were farmers living in Stumm. On 7 July 1966 the Tirol Regional Government as the Agricultural Authority of First … Continue reading Kolb and Others v Austria: ECHR 17 Apr 2003

Regina (Smith) v Parole Board (No 2): CA 31 Jul 2003

The applicant having been released on licence had his licence revoked. The decision had been made at a hearing which considered evidence on paper only, which he said was unfair. Held: The case law had maintained a proper distinction between the determination of a criminal charge and otherwise. The first required an oral hearing for … Continue reading Regina (Smith) v Parole Board (No 2): CA 31 Jul 2003

Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The material was withheld in the interests of national security. Held: The failure to supply the defendants with … Continue reading Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

McKenna v Her Majesty’s Advocate: ScHC 30 Dec 1999

The appellant was charged with murder. A witness had since died, and he objected to the introduction of his written statement, on the basis that this would infringe his right to a fair trial. The evidence was likely to be decisive. Held: The fairness of the trial had to be considered as a whole. There … Continue reading McKenna v Her Majesty’s Advocate: ScHC 30 Dec 1999

Stockholms Forsakrings- Och Skadestandsjuridik Ab v Sweden: ECHR 16 Sep 2003

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of P1-1 ; No violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage – financial award ; Costs and expenses partial awardThe claimant company alleged that its human rights had been violated in that it had been ordered to pay … Continue reading Stockholms Forsakrings- Och Skadestandsjuridik Ab v Sweden: ECHR 16 Sep 2003

P v BW (Children Cases: Hearings in Public): FD 2003

The applicant sought a joint residence order, and for a declaration that the rules preventing such hearings being in public breached the requirement for a public hearing. Held: Both FPR 1991 rule 4.16(7) and section 97 are compatible with the fair trial provisions of Article 61) of the European Convention for the Protection of Human … Continue reading P v BW (Children Cases: Hearings in Public): FD 2003

Szarapo v Poland: ECHR 23 May 2002

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial awardThe parties had been involved in an application for a declaration of paternity and maintenance. They began in 1980. Poland became a convention signatory in 1993. The proceedings were concluded in 2000. Held: The court could only look at the time … Continue reading Szarapo v Poland: ECHR 23 May 2002

Grieves v The United Kingdom: ECHR 16 Dec 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Costs and expenses partial award – Convention proceedingsThe claimant had been dismissed from the Royal Navy after a court martial. He complained that the tribunal did not have sufficient independence. Held: The claimant’s rights were infringed. Though there was facility to appoint a prosecutor … Continue reading Grieves v The United Kingdom: ECHR 16 Dec 2003

Cooper v The United Kingdom: ECHR 16 Dec 2003

Hudoc Judgment (Merits and just satisfaction)The claimant had been dismissed from the RAF after a court martial. He complained that the tribunal was not independent, and that his trial was unfair. Held: The court rejected the submission that no court martial could act independently. There was sufficient separation between the various roles and the chain … Continue reading Cooper v The United Kingdom: ECHR 16 Dec 2003

Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003

The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve. Held: In exercising this function, the LCJ was acting in a judicial capacity, and therefore his recommendation was not subject to … Continue reading Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003

Easterbrook v The United Kingdom: ECHR 12 Jun 2003

The prisoner was convicted of an armed robbery in which a policeman had been shot, and had been sentenced to life imprisonment. The judge set no tariff himself. The tariff was set by the Home Secretary, but only after some time. The discretionary life prisoner had been refused the right to make oral representations to … Continue reading Easterbrook v The United Kingdom: ECHR 12 Jun 2003

Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal having been held in her absence. Held: It could not be said … Continue reading Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

Van Mechelen And Others v The Netherlands: ECHR 23 Apr 1997

A Dutch court had convicted the applicants of attempted manslaughter and robbery on the basis of statements made, before their trial, by anonymous police officers, none of whom gave evidence before the Regional Court or the investigating judge. The Court of Appeal referred the case to the investigating judge who arranged hearings in which he, … Continue reading Van Mechelen And Others v The Netherlands: ECHR 23 Apr 1997

Han and Yau t/a Murdishaw Supper Bar, and Others v Commissioners of Customs and Excise: CA 3 Jul 2001

The applicant claimed that proceedings under which he had been accused of fraud in dishonestly evading VAT liability were in reality criminal proceedings and that the minimum standards of a fair trial applied. Held: The characterisation under the rules of such proceedings as civil was a starting point only. The fact that no sanction of … Continue reading Han and Yau t/a Murdishaw Supper Bar, and Others v Commissioners of Customs and Excise: CA 3 Jul 2001

Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000

The court was asked whether the processes by which the Secretary of State for the Environment Transport and the Regions (SSETR) makes decisions under the Town and Country Planning Act 1990 (TCPA) and orders under the Transport and Works Act 1992 (TWA), the Highways Act 1980 (HA) and the Acquisition of Land Act 1981 (ALA) … Continue reading Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000

Attorney-General’s Reference (No 2 of 2001): HL 11 Dec 2003

The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an abuse. Held: The defendants had a right to a … Continue reading Attorney-General’s Reference (No 2 of 2001): HL 11 Dec 2003

Devlin v The United Kingdom: ECHR 30 Oct 2001

National Security Certificates issued in Northern Ireland which had the effect of preventing his making a claim of discrimination, was disproportionate. The Act guaranteed person’s a right not to be discriminated for religious belief or political opinion in the job market. That is a civil right. The government argued that since the post applied for … Continue reading Devlin v The United Kingdom: ECHR 30 Oct 2001

Mcintosh v HM Advocate: HCJ 31 Oct 2000

An application for a confiscation order following a drugs trial, was subject to the requirement of a presumption of innocence. The assumptions required of a court under the Act as to the source of assets acquired by the convicted person violated that presumption of innocence. The section required nothing of the Crown to even suggest … Continue reading Mcintosh v HM Advocate: HCJ 31 Oct 2000

Lloyd v Bow Street Magistrates Court: Admn 8 Oct 2003

The defendant had been convicted and made subect to a confiscation order in 1996. A final order for enforcement was made in late 2002. The defendant said the delay in the enforcement proceedings was a breach of his right to a trial within a reasonable time. Held: The reasonable time guarantee afforded by Article 6.1 … Continue reading Lloyd v Bow Street Magistrates Court: Admn 8 Oct 2003

Robins v The United Kingdom: ECHR 23 Sep 1997

Over-long delay by court system in settling amount of costs constituted breach of human rights; order made in 1991, not settled till 1995 Times 24-Oct-1997, [1997] ECHR 72, 22410/93, (1997) 26 EHRR 527, [1997] ECHR 72 Worldlii, Bailii European Convention on Human Rights 6.1 Human Rights Cited by: Cited – Davies v The United Kingdom … Continue reading Robins v The United Kingdom: ECHR 23 Sep 1997

Morice v France: ECHR 23 Apr 2015

There had been a long-running dispute as to the manner of death of a French judge seconded to Djibouti. The applicant, acting for the widow had been prosecuted for his outspoken criticisms of the judge who had had conduct of the case, until being replaced. The applicant claimed that, before the Court of Cassation, his … Continue reading Morice v France: ECHR 23 Apr 2015

Trancikova v Slovakia: ECHR 13 Jan 2015

The applicant alleged, in particular, that the observations filed by the defendant in her court action in response to the appeal had not been communicated to her and that, in violation of her rights under Article 6.1 of the Convention, she had been denied a public hearing of that appeal. Josep Casadevall, P 17127/12 – … Continue reading Trancikova v Slovakia: ECHR 13 Jan 2015

Hoholm v Slovakia: ECHR 13 Jan 2015

The applicant alleged in particular that, contrary to the requirements of Article 6.1 of the Convention, he had been denied a hearing within a reasonable time in respect of the claim he had lodged in Slovakia for the return of his children (‘the children’) to the Kingdom of Norway under the Convention on the Civil … Continue reading Hoholm v Slovakia: ECHR 13 Jan 2015

O’Neill v Her Majesty’s Advocate No 2: SC 13 Jun 2013

The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and questioned whether they had has an impartial judge, he having also conducted … Continue reading O’Neill v Her Majesty’s Advocate No 2: SC 13 Jun 2013

Baiai and others, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2008

In order to prevent marriages of convenience in the UK the Secretary of State introduced a scheme under which certain persons subject to immigration control required her written permission to marry and would not receive it unless they were present in the UK pursuant to a grant of leave for more than six months of … Continue reading Baiai and others, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2008

Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening): HL 13 Feb 2003

The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an appeal to the County Court on a point of law. Held: The decision was … Continue reading Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening): HL 13 Feb 2003

V v The United Kingdom; T v The United Kingdom: ECHR 16 Dec 1999

The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the European Convention in that the decision maker was the Secretary … Continue reading V v The United Kingdom; T v The United Kingdom: ECHR 16 Dec 1999

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

Jarvis v Revenue and Customs: FTTTx 1 Aug 2012

INCOME TAX – Penalty – Section 93A Taxes Management Act 1970 – late submission of partnership return – appeal submitted by a partner other than the ‘representative partner’ – whether Tribunal has jurisdiction to hear appeal – whether penalty invokes criminal head of Article 6.1 of European Convention on Human Rights – whether absence of … Continue reading Jarvis v Revenue and Customs: FTTTx 1 Aug 2012

Fitt v United Kingdom: ECHR 16 Feb 2000

(Grand Chamber) Complaint as to non-disclosure of prosecution evidence. Judges: Wildhaber P Citations: 29777/96, [2000] ECHR 89, (2000) 30 EHRR 480, [2000] Po LR 10 Links: Bailii, Worldlii Statutes: European Convention on Human Rights 5 6.1 Jurisdiction: Human Rights Cited by: Conjoined Hearing – Rowe and Davis v The United Kingdom ECHR 16-Feb-2000 (Grand Chamber) … Continue reading Fitt v United Kingdom: ECHR 16 Feb 2000

Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to his chosen counsel. Held: The appeal failed. The purpose of a defendant’s … Continue reading Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

Dvorski v Croatia: ECHR 20 Oct 2015

Grand Chamber: ‘As the Court has already held in its previous judgments, the right set out in article 6.3(c) of the Convention is one element, among others, of the concept of a fair trial in criminal proceedings contained in article 6.1 (see Imbrioscia v Switzerland (1994) 17 EHRR 441, 24 November 1993, paras 36 and … Continue reading Dvorski v Croatia: ECHR 20 Oct 2015

A and Others v The United Kingdom: ECHR 21 Jan 2008

The court addressed the extent to which the admission of closed material was compatible with the fair hearing requirements of article 5.4, challenging lawfulness of detention, which imported the same rights as article 6.1 in its criminal aspect. The commission had made a declaration on incompatibility. Held: Non-disclosure of evidence could not properly go so … Continue reading A and Others v The United Kingdom: ECHR 21 Jan 2008

Zlinsat, Spol. SRO v Bulgaria: ECHR 15 Jun 2006

The Sofia Public Prosecutor’s Office had ordered the suspension of the performance of a privatisation contract relating to an hotel. The office had acted under its criminal jurisdiction and had also brought a civil action. There had been no finding of guilt: when it ordered the suspension, the Public Prosecutor’s Office had stated that ‘(the) … Continue reading Zlinsat, Spol. SRO v Bulgaria: ECHR 15 Jun 2006

Roberts And Roberts v The United Kingdom: ECHR 5 Jul 2011

(Admissibility) The claimants, members of the British Nation Party, had complained of defamation by other elements of the BNP as regards te circumstances of the theft of the proceeds of a meeting being stolen from their home. The claim had been dismissed as reportage of a politicalk event with Reynolds privilege: ‘libel litigation is not … Continue reading Roberts And Roberts v The United Kingdom: ECHR 5 Jul 2011

Huseyin Habip Taskin v Turkey: ECHR 1 Feb 2011

The applicant complained that he had been denied the assistance of a lawyer during his police custody and that his police statement which had been taken in the absence of a lawyer had been used in his conviction by the trial court. Judges: Francoise Tulkens, President Citations: 5289/06, [2011] ECHR 159 Links: Bailii Statutes: European … Continue reading Huseyin Habip Taskin v Turkey: ECHR 1 Feb 2011

Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life. Held: The decision … Continue reading Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011

(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011

Zaichenko v Russia: ECHR 18 Feb 2010

(First Section) The claimant complaned that he had not been allowed access to a lawyer when being questioned by police when he was not under arrest. He had been stopped driving home from work and his car inspected by the police after reports of workers stealing diesel from their service vehicles. Two cans of diesel … Continue reading Zaichenko v Russia: ECHR 18 Feb 2010

MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017

The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental difficulties which afflicted her following that incarceration. She now appealed from rejection of that claim by … Continue reading Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017

Fazia Ali v The United Kingdom: ECHR 20 Oct 2015

The Court considered the duties imposed on housing authorities under Part VII of the 1996 Act. Held: Article 6.1 did apply, but in any event the procedure applied under the Act conformed to its requirements. Judges: Guido Raimondi, P Citations: 40378/10 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)), [2015] ECHR 924, [2015] HLR … Continue reading Fazia Ali v The United Kingdom: ECHR 20 Oct 2015

Tsfayo v The United Kingdom: ECHR 14 Nov 2006

The applicant challenged the prodecures for deciding her appeal against the council’s refusal to pay backdated housing benefits. She complained that the availability of judicial review of the decision was not adequate. Held: The system did not provide a fair system. The Board was not itself independent of the Council whose decision it looked at … Continue reading Tsfayo v The United Kingdom: ECHR 14 Nov 2006

In Re Swaptronics Ltd: ChD 24 Jul 1998

A party who was in contempt of court should not be debarred from continuing to take a proper part in a court action unless that contempt was serious enough seriously to interfere with the fair conduct of the trial. ‘The courts need powers of punishment with which to enforce their orders. The ones they have … Continue reading In Re Swaptronics Ltd: ChD 24 Jul 1998

Hirst v Secretary of State for the Home Department: Admn 22 Mar 2002

The applicant, a prisoner challenged the uniform ban on contact by prisoners with the media by telephone, arguing that it infringed his Article 10 rights. Held: Restricting telephone contact with the media was not part of imprisonment. A democratic society need not seek to prevent prisoners from expressing their views directly to the media about … Continue reading Hirst v Secretary of State for the Home Department: Admn 22 Mar 2002

Anagnostopoulos v Greece: ECHR 10 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of Art. 13; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses partial award – Convention proceedings. Citations: 37429/02, [2005] ECHR 95 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6.1 Jurisdiction: Human Rights Human … Continue reading Anagnostopoulos v Greece: ECHR 10 Feb 2005

Crowther v The United Kingdom: ECHR 1 Feb 2005

The applicant complained of the delay by the Customs and Excise in enforcing a confiscation order against him of four years. Held: The respondent had allowed almost four years to pass after the liability had been incurred without taking any steps to enforce the order. That deal did infringe the applicant’s human rights. The defendant … Continue reading Crowther v The United Kingdom: ECHR 1 Feb 2005

Andreadaki and Others v Greece: ECHR 10 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 as regard to the fairness of the proceedings, and under P1-1; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses (Convention proceedings) – claim rejected. … Continue reading Andreadaki and Others v Greece: ECHR 10 Feb 2005

Sukhorubchenko v Russia: ECHR 10 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to access to a court; Not necessary to examine Art. 6-1 with regard to the length of the proceedings; Not necessary to examine Art. 13; No violation of P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award. Citations: 69315/01, [2005] … Continue reading Sukhorubchenko v Russia: ECHR 10 Feb 2005

In re McHugh Southern Ltd (in Liquidation): ChD 12 Dec 2002

An order striking out a case for abuse by reason of the claimant’s delay should only be made where the delay had lead to a situation where it was no longer possible to secure a fair hearing. Where a fair trial remained possible, the court could use some other remedy to penalise a delaying claimant. … Continue reading In re McHugh Southern Ltd (in Liquidation): ChD 12 Dec 2002

Massey v United Kingdom: ECHR 16 Nov 2004

The claimant had been accused of indecent assault. The criminal proceedings continued for just under five years. Held: The case was not particularly complex, and the consequences for the claimant were severe. There was no complex forensic evidence, and the issues were in substance as to the credibility of three witnesses some many years after … Continue reading Massey v United Kingdom: ECHR 16 Nov 2004

King v United Kingdom: ECHR 16 Nov 2004

The claimant had been subject to tax penalty proceedings. They continued for more than 14 years. Held: The length of the proceedings exceeded the time properly to be allowed, and infringed his right to a fair trial. Though the taxpayer himself had contributed to the delay with unmeritorious appeals, the state’s delay was excessive. Citations: … Continue reading King v United Kingdom: ECHR 16 Nov 2004

Fonseca Carreira v Portugal: ECHR 14 Jun 2001

‘The Court notes that the Convention institutions have consistently taken the view that Article 6.1 does not apply to proceedings for interim relief. The purpose of such proceedings is to deal with a temporary state of affairs pending the outcome of the main proceedings; consequently they do not result in a determination of civil rights … Continue reading Fonseca Carreira v Portugal: ECHR 14 Jun 2001

B v The United Kingdom; P v The United Kingdom: ECHR 24 Apr 2001

The procedures in English law which provided for privacy for proceedings involving children did not in general infringe the human right to family life, nor the right to a public hearing. Where relatives more distant than immediate parties were affected, the rules allowed application for their admission to the proceedings, and leave could also be … Continue reading B v The United Kingdom; P v The United Kingdom: ECHR 24 Apr 2001

Regina v Ashton, Lyons and Webber: CACD 6 Dec 2002

The appellants had appealed sentences for conspiracy to murder. There had been an inordinate delay between leave to appeal having been granted, and the appeal being heard. Held: The appellants’ rights had been infringed by the delay, and they had a right to redress. That could be satisfied by a reduction in the sentences of … Continue reading Regina v Ashton, Lyons and Webber: CACD 6 Dec 2002

Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002

(The High Court of Justiciary) The prosecution had accepted that the matter had been the subject of unreasonable delay, but wished to continue. The defendant sought a plea in bar, on the basis that continuing would infringe his rights. Held: Once it was accepted that the delay took the prosecution outside the defendant’s right to … Continue reading Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002

P, C And S v The United Kingdom: ECHR 16 Jul 2002

The applicants challenged the way in which their newborn children had been removed by the state after birth. S had not had the opportunity of legal representation, after her lawyers had withdrawn. The removal of S’s child was challenged as disproportionate and a breach of the right to family life. Held: Given the importance of … Continue reading P, C And S v The United Kingdom: ECHR 16 Jul 2002

Davies v The United Kingdom: ECHR 16 Jul 2002

The applicant had been subject to applications for his disqualification from acting as a company director. The Secretary of State waited until the last day before issuing proceedings, and the proceedings were then delayed another three years pending the outcome of criminal proceedings against others. The government responded that the proceedings were complex, and the … Continue reading Davies v The United Kingdom: ECHR 16 Jul 2002

Carpenter v Secretary of State for the Home Department: ECJ 11 Jul 2002

The applicant had come to England on a six month visitor’s visa. She then married an English national, but her visa was not extended. Held: The husband had business interests and activities throughout the community. The deportation of the applicant would have the effect of removing her support for him and restrict his ability to … Continue reading Carpenter v Secretary of State for the Home Department: ECJ 11 Jul 2002

Matthews v Ministry of Defence: CA 29 May 2002

The Ministry appealed against a finding that the Act, which deprived the right of a Crown employee to sue for personal injuries, was an infringement of his human rights. Held: The restriction imposed by the section was not a procedural section, but a substantive one which delimited the rights and liabilities arising under civil law. … Continue reading Matthews v Ministry of Defence: CA 29 May 2002

London Borough of Tower Hamlets v Runa Begum: CA 6 Mar 2002

The applicant had applied for rehousing as a homeless person. She was offered interim accommodation but refused it. Her case was reviewed, and her reasons rejected. She claimed the procedure was unfair, in that the authority was looking at decisions on disputed facts, and reviewing its own decisions on those facts. It was not acting … Continue reading London Borough of Tower Hamlets v Runa Begum: CA 6 Mar 2002

Dyer v Watson and Burrows: PC 29 Jan 2002

Parties challenged the compliance of proceedings with the convention where there had been considerable delay. Held: The reasonable detention provision (article 5(3)) and the reasonable time requirement (article 6(1)) conferred free-standing rights, which could be broken notwithstanding absence of effect on the fairness of the trial. The threshold for delay was high, but once established … Continue reading Dyer v Watson and Burrows: PC 29 Jan 2002

CG v The United Kingdom: ECHR 19 Dec 2001

The applicant complained that her criminal trial had been conducted unfairly, insofar as the judge had interfered so heavily as to make it difficult for her to present her case. The English Court of Appeal had criticised the judge, but concluded that the result remained fair. Held: Though the trial was subject to criticism, she … Continue reading CG v The United Kingdom: ECHR 19 Dec 2001

Regina v Secretary of State for the Home Department ex parte Anderson Same v Same, ex parte Taylor: QBD 27 Feb 2001

When the Home Secretary set a tariff sentence for a mandatory life sentence prisoner, in order to satisfy the requirement for retribution and deterrence, that exercise was not a judicial sentencing exercise to which the provisions of the Human Rights legislation applied. The issues he considered were wider than those involved in the strict sentencing … Continue reading Regina v Secretary of State for the Home Department ex parte Anderson Same v Same, ex parte Taylor: QBD 27 Feb 2001

Chapman v United Kingdom; similar: ECHR 18 Jan 2001

The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement notice were upheld by the inspector. Held: The needs of gypsies for … Continue reading Chapman v United Kingdom; similar: ECHR 18 Jan 2001

Frydlender v France: ECHR 27 Jun 2000

The reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the criteria established by its case-law, particularly the complexity of the case, the conduct of the applicant and of the relevant authorities and what was at stake for the applicant in the … Continue reading Frydlender v France: ECHR 27 Jun 2000

Jasper v The United Kingdom: ECHR 16 Feb 2000

Grand Chamber – The defendants had been convicted after the prosecution had withheld evidence from them and from the judge under public interest immunity certificates. They complained that they had not had fair trials. Held: The right was breached insofar as the prosecution had themselves sought to make that assessment without judicial involvement. Disclosure at … Continue reading Jasper v The United Kingdom: ECHR 16 Feb 2000

Stubbings and Others v The United Kingdom: ECHR 22 Oct 1996

There was no human rights breach where the victims of sex abuse had been refused a right to sue for damages out of time. The question is whether and to what extent differences in otherwise similar situations justify a different treatment in law: ‘Limitation periods in personal injury cases are a common feature of the … Continue reading Stubbings and Others v The United Kingdom: ECHR 22 Oct 1996

Van De Hurk v The Netherlands: ECHR 19 Apr 1994

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (independent tribunal); No violation of Art. 6-1 (fair trial); Pecuniary damage – claim rejected; Costs and expenses partial award – Convention proceedingsThe applicant was a dairy farmer. Under the scheme operated within the European Community for reducing surplus milk products, he was allocated a milk … Continue reading Van De Hurk v The Netherlands: ECHR 19 Apr 1994

Edwards v The United Kingdom: ECHR 16 Dec 1992

The fact that the elderly victim of the robbery of which the defendant had been convicted had failed to pick out Mr Edwards when she was shown two volumes of photographs of possible burglars which included his photograph was not disclosed to the defence. One of the police witnesses said that no fingerprints were found … Continue reading Edwards v The United Kingdom: ECHR 16 Dec 1992

Eastaway v The United Kingdom: ECHR 20 Jul 2004

The applicant had been proceeded against after the collapse of companies in which he was involved with very substantial debts. The proceedings had begun in July 1990, and lasted nearly nine years. Held: Where proceedings could be expected to have an adverse effect on the applicant’s reputation and ability to practice his profession, special diligence … Continue reading Eastaway v The United Kingdom: ECHR 20 Jul 2004

Preiss v General Dental Council: PC 17 Jul 2001

(Professional Conduct Committee of the GDC) The procedures of the General Dental Council were in breach of the right to a fair trial, insofar as the same person might both carry out the preliminary stages of an investigation, and later be involved in the hearing of the complaint itself. In this case the chairman had … Continue reading Preiss v General Dental Council: PC 17 Jul 2001

A and others v The United Kingdom: ECHR 21 May 2008

The court considered complaints by the applicants as to the system of control orders imposed on them. Citations: [2008] ECHR 421, 3455/05 Links: Bailii Statutes: Anti-Terrorism, Crime and Security Act 2001, European Convention on Human Rights 3 5.1 5.4 Jurisdiction: Human Rights Citing: Cited – A and Others v The United Kingdom ECHR 21-Jan-2008 The … Continue reading A and others v The United Kingdom: ECHR 21 May 2008

Benham v United Kingdom: ECHR 8 Feb 1995

Legal Aid was wrongfully refused where a tax or fine defaulter was liable to imprisonment, and the lack of a proper means enquiry, made imprisonment of poll tax defaulter unlawful. A poll tax defaulter had been wrongly committed to prison by magistrates. The question was whether or not they had acted in excess of jurisdiction. … Continue reading Benham v United Kingdom: ECHR 8 Feb 1995

Attorney General’s Reference (No 2 of 2001): CACD 12 Jul 2001

When assessing whether the defendant’s right to a trial within a reasonable time had been infringed, the court should look as from the date at which he was charged, or served with a summons, and not from the date of the first interview. Although a suspect could suffer material prejudice from the date of the … Continue reading Attorney General’s Reference (No 2 of 2001): CACD 12 Jul 2001

Kaplan v United Kingdom: ECHR 14 Dec 1978

(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper person to be a controller of the company. He had misstated the value of the company’s assets. … Continue reading Kaplan v United Kingdom: ECHR 14 Dec 1978

Smith v Secretary of State for Trade and Industry: EAT 15 Oct 1999

The claimant had been sole director of a company which went into liquidation. He sought a redundancy payment from the respondent under the 1996 Act. It was refused. The tribunal had applied Buchan. It had refused to hear an argument that the tribunal chairman was also employed by the respondent and could not therefore be … Continue reading Smith v Secretary of State for Trade and Industry: EAT 15 Oct 1999