Search Results for: European Convention on Human Rights 34 38

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Zakharov And Others v Russia 47538/16: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 47538/16, [2022] ECHR 834 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681764

Wang Yam, Regina (on The Application of) v Central Criminal Court and Another: SC 16 Dec 2015

The appellant was to apply to the ECHR challenge the fairness of his trial because it was held partially in camera. The UK resisted this application. The appellant sought to be permitted in his response to disclose and refer to contents of the evidence given in camera. The Supreme Court was now asked whether the … Continue reading Wang Yam, Regina (on The Application of) v Central Criminal Court and Another: SC 16 Dec 2015

Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003

The applicants wished to challenge the confiscation of their goods by the Commissioners of Customs and Excise on their return to Dover. They appealed the refusal of Legal Aid. Held: The Convention guaranteed the right to legal assistance for someone charged with a criminal offence and who could not afford representation, but these condemnation proceedings … Continue reading Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003

Z And Others v The United Kingdom: ECHR 10 May 2001

Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001

Mastryukov And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 8346/17, [2022] ECHR 838 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681704

Dennis and Dennis v Ministry of Defence: QBD 16 Apr 2003

The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. The particular noise is loud and characterised by a very rapid onset with a corresponding startle … Continue reading Dennis and Dennis v Ministry of Defence: QBD 16 Apr 2003

The Christian Federation of Jehovah’s Witnesses of France v France: ECHR 6 Nov 2001

(Non-admissibility Decision) It was affirmed: ‘that Article 34 of the Convention requires that an individual applicant should claim to have been actually affected by the violation he alleges. That Article does not institute for individuals a kind of actio popularis for the interpretation of the Convention; it does not permit individuals to complain against a … Continue reading The Christian Federation of Jehovah’s Witnesses of France v France: ECHR 6 Nov 2001

Cornick, Regina v: QBD 3 Nov 2014

The defendant had been convicted of murdering his schoolteacher. The court now gave reasons, at the end of the case for discontinuing the order restricting his being named. Orders protecting the identities of children witnesses were continued. Judges: Coulson J Citations: [2014] EWHC 3623 (QB) Links: Bailii Statutes: Children and Young Persons Act 1933 39, … Continue reading Cornick, Regina v: QBD 3 Nov 2014

Marini v Albania: ECHR 18 Dec 2007

Citations: 3738/02, [2007] ECHR 1122 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 October 2022; Ref: scu.263442

Gaykovych v Ukraine: ECHR 20 Dec 2007

Citations: 38931/02, [2007] ECHR 1126 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 October 2022; Ref: scu.263437

Hasan Ceylan v Turkey: ECHR 23 May 2006

Citations: 58398/00, [2006] ECHR 549, [2006] ECHR 549 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 October 2022; Ref: scu.243834

Macin v Turkey: ECHR 4 May 2006

Citations: 52083/99, [2006] ECHR 534, [2006] ECHR 534 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 October 2022; Ref: scu.243819

Michta v Poland: ECHR 4 May 2006

Citations: 13425/02, [2006] ECHR 537, [2006] ECHR 537 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 October 2022; Ref: scu.243822

Ceglowski v Poland: ECHR 8 Aug 2006

Citations: 3489/03, [2006] ECHR 738 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 October 2022; Ref: scu.246465

Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking … Continue reading Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

Sanade and Others (British Children – Zambrano – Dereci): UTIAC 7 Feb 2012

Section 32 of the UK Borders Act 2007 provides that where a person is sentenced to imprisonment of 12 months or more, he must be deported unless he falls within one of the statutory exceptions.Article 8 provides one such exception but there is no justification for saying that it will only be in exceptional circumstances … Continue reading Sanade and Others (British Children – Zambrano – Dereci): UTIAC 7 Feb 2012

W v France: ECHR 30 Aug 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Citations: 1348/21, [2022] ECHR 638 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 October 2022; Ref: scu.680576

Morrissey v McNicholas and Another: QBD 26 Oct 2011

The claimant musician alleged defamation, saying that the defendant had accused him of being a right wing racist. The defendant now applied to strike out the claim as an abuse of process because of the claimant’s delay. Held: The application to strike out the claim failed. The reasons for delay were credible. The allegation was … Continue reading Morrissey v McNicholas and Another: QBD 26 Oct 2011

Suslin v Russia: ECHR 23 Oct 2008

Citations: 34938/04, [2008] ECHR 1171 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 September 2022; Ref: scu.277515

Sturnham, Regina (on The Application of) v Parole Board, Secretary of State for Justice: Admn 14 Mar 2011

S was serving a term of life imprisonment. After serving the tariff, his detention should have been reviewed. After several serious delays, and a decision that he should instead be transferred to open conditions, he brought proceedings for judicial review challenging the lawfulness of the decision taken by the Parole Board following a hearing, and … Continue reading Sturnham, Regina (on The Application of) v Parole Board, Secretary of State for Justice: Admn 14 Mar 2011

Fusca v Romania: ECHR 13 Jul 2010

Citations: 34630/07, [2010] ECHR 1111 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 September 2022; Ref: scu.420738

Depalle v France: ECHR 29 Mar 2010

Grand ChamberThe Court summarised the effect of Sporrong: ‘The Court reiterates that, according to its case-law, Article 1 of Protocol No 1, which guarantees in substance the right of property, comprises three distinct rules (see, inter alia, James v United Kingdom (1986) 8 EHRR 123, para 37): the first, which is expressed in the first … Continue reading Depalle v France: ECHR 29 Mar 2010

Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord Advocate now appealed. Held: The question was a devolution issue, being ‘a question … Continue reading Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

Gorin v Ukraine: ECHR 12 Jul 2007

Citations: 24380/03, [2007] ECHR 591 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 August 2022; Ref: scu.258234

Mikayil Mammadov v Azerbaijan: ECHR 17 Dec 2009

The applicant’s wife had set fire to herself during an attempt by police officers to evict the applicant and his family from accommodation that they were occupying. Held: It was necessary to determine whether ‘this specific situation’ triggered the state’s operational duty ‘that is whether at some point during the course of the operation the … Continue reading Mikayil Mammadov v Azerbaijan: ECHR 17 Dec 2009

Secretary of State for The Home Department, Regina (on The Application of) v BC and Another: Admn 11 Nov 2009

The applicants were subject to control orders. They were ‘light touch’, not involving a deprivation of liberty. Judges: Collins J Citations: [2009] EWHC 2927 (Admin), [2010] 1 WLR 1542, [2010] UKHRR 344 Links: Bailii Statutes: European Convention on Human Rights 6 Cited by: Cited – King, Regina (on The Application of) v Secretary of State … Continue reading Secretary of State for The Home Department, Regina (on The Application of) v BC and Another: Admn 11 Nov 2009

Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

Haghighi v The Netherlands: ECHR 14 Apr 2009

Citations: (2009) 49 EHRR SE8, 38165/07, [2009] ECHR 765 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Quila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011 Parties challenged the rule allowing the respondent to deny the right to enter … Continue reading Haghighi v The Netherlands: ECHR 14 Apr 2009

Khurshid Mustafa And Tarzibachi v Sweden: ECHR 16 Dec 2008

Citations: 23883/06, [2008] ECHR 1710 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Khurshid Mustafa And Tarzibachi v Sweden ECHR 8-Jun-2011 The Strasbourg court considered a claim by applicants who had been evicted by a court order at the suit of their landlords, who had determined their … Continue reading Khurshid Mustafa And Tarzibachi v Sweden: ECHR 16 Dec 2008