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Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore subject to security round-ups of such people which occurred when the … Continue reading Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. … Continue reading Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

P, Regina (On the Application of) v HM Coroner for the District Of Avon: Admn 5 Mar 2009

The deceased was found suspended by a sheet in her prison cell. The jury found accidental death, not being satisfied that she was not issuing a cry for help. The family appealed saying that the jury had not been directed that they could provide a narrative verdict to explain further their conclusions. Held: The jury … Continue reading P, Regina (On the Application of) v HM Coroner for the District Of Avon: Admn 5 Mar 2009

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

Gogitidze And Others v Georgia: ECHR 12 May 2015

ECHR Article 1 para. 2 of Protocol No. 1 Control of the use of property Forfeiture of a civil servant’s wrongfully acquired property as part of domestic anti-corruption measures: no violation Facts – In 2004 the first applicant, a former government minister, was charged with abuse of authority and extortion. The Public Prosecutor’s Office of … Continue reading Gogitidze And Others v Georgia: ECHR 12 May 2015

Chitos v Greece: ECHR 4 Jun 2015

The applicant complained of a violation of Article 4-2 of the Convention, taken alone and together with Article 14 of the Convention. Judges: Isabelle Berro, P Citations: 51637/12 – Chamber Judgment, [2015] ECHR 529 Links: Bailii Statutes: European Convention on Human Rights 4-2 14 Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.547594

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

Crowter and Another, Rex (on The Application of) v The Secretary of State for Health and Social Care: CA 25 Nov 2022

The claimant, who suffered Down’s Syndrome, complained that the 1967 Act as amended unlawfully discriminated against her and those like her. Judges: Lord Justice Underhill (Vice-President of the Court of Appeal (Civil Division)) Lady Justice Thirlwall And Lord Justice Peter Jackson Citations: [2022] EWCA Civ 1559 Links: Bailii, Judiciary, Judiciary Summary Statutes: Abortion Act 1967 … Continue reading Crowter and Another, Rex (on The Application of) v The Secretary of State for Health and Social Care: CA 25 Nov 2022

O’Connor v Bar Standards Board: CA 25 Jul 2016

The appellant said that the Board had infringed her human rights in its approach to disciplinary proceedings brought against her. She had been cleared and now sought a remedy. The Board successfully argued that her claims were out of time. Held: the limitation period under section 7(5)(a) had started to run when the Disciplinary Tribunal … Continue reading O’Connor v Bar Standards Board: CA 25 Jul 2016

Black, Regina (on The Application of) v Secretary of State for Justice: Admn 5 Mar 2015

The serving prisoner said that new general restrictions on smoking in public buildings applied also in prisons. were a breach of his human rights. The only spaces where prisoners were allowed now to smoke were their cells, and he would share cells with smokers, suffering second hand inhalation. He suffered health problems. Judges: Singh J … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: Admn 5 Mar 2015

RK and AK v The United Kingdom: ECHR 18 Oct 2005

The applicants’ young child had been suspected of being the victim of physical abuse. After court proceedings the child was removed. In later proceedings and after being placed with an aunt, she was diagnosed as having brittle bone disease. In the meantime, the mother had suffered ostracism in her community. The court had found her … Continue reading RK and AK v The United Kingdom: ECHR 18 Oct 2005

Steck-Risch and Others v Liechtenstein: ECHR 19 May 2005

ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 6-1 (tribunal); Violation of Art. 6-1 (proceedings); Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 63151/00, [2005] ECHR 309, [2005] ECHR 309 Links: Worldlii, Bailii … Continue reading Steck-Risch and Others v Liechtenstein: ECHR 19 May 2005

ABC v Shulmans Llp: ComC 25 Sep 2019

The Claimant seeks damages from the Defendant for alleged professional negligence in the conduct of certain legal proceedings commenced in 2014 and 2015. These proceedings, comprising a claim in the Employment Tribunal, a petition under section 994 of the Companies Act 2006 and a further claim for damages in the High Court, were for the … Continue reading ABC v Shulmans Llp: ComC 25 Sep 2019

Xenofontos and Others v Cyprus: ECHR 25 Oct 2022

ECHR Judgment : No Article 6 – Right to a fair trial : Third Section Citations: 68725/16, [2022] ECHR 918 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.682345

JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015

The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in … Continue reading JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015

RE v The United Kingdom: ECHR 27 Oct 2015

Judges: Guido Raimondi, P Citations: 62498/11 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)), [2015] ECHR 947, (2016) 63 EHRR 2 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Another IPT 12-Feb-2016 ‘hearing in respect … Continue reading RE v The United Kingdom: ECHR 27 Oct 2015

Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret Intelligence Service (and similarly also known as MI6) and the Government Communications Headquarters. Judges: Burton J P Citations: [2014] … Continue reading Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002

The applicant challenged regulations brought in by the respondent providing for foreigners suspected of terrorism to be detained where a British national suspect would not have been detained. The respondent had issued a derogation from the Convention for this purpose. Held: The people detained were those who could not be returned to their own country … Continue reading A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002

PG and JH v The United Kingdom: ECHR 25 Sep 2001

The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to disclose all relevant evidence to the defence. In this case the … Continue reading PG and JH v The United Kingdom: ECHR 25 Sep 2001

Lawrence v Pembrokeshire County Council: CA 15 May 2007

The claimant complained of the negligence of the defendant council’s social worker’s in putting her four children into care. The Ombudsman had found the council guilty of maladministration and had awarded her andpound;5,000 for distress. Held: The only difference in law between this case and JD -v- Berkshire was the coming into effect of the … Continue reading Lawrence v Pembrokeshire County Council: CA 15 May 2007

A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect. Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of … Continue reading A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

Sylvester v Austria: ECHR 15 Sep 2010

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings‘the court reiterates that effective respect for family life requires that future relations between parent and … Continue reading Sylvester v Austria: ECHR 15 Sep 2010

Eweida And Others v The United Kingdom: ECHR 15 Jan 2013

ECHR Article 9-1 Manifest religion or belief Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible with their religious beliefs: violation; no violations Article 14 Discrimination Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013

N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004

The appellant a foreign national, had been convicted of very serious sex offences, and as his sentence came to an end was ordered to be deported. He appealed saying this infringed his right to a family life. Held: The court had to balance the public revulsion at his crimes with the need for compassion. The … Continue reading N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004

Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011

(Grand Chamber) The claimants complained of the use against them of hearsay evidence in their trials. Held: ‘the underlying principle is that the defendant in a criminal trial should have an effective opportunity to challenge the evidence against him. This principle requires not merely that the defendant should know the identity of his accusers so … Continue reading Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011

Selmouni v France: ECHR 25 Nov 1996

Citations: [1996] ECHR 100, 25803/94 Links: Bailii Statutes: European Convention on Human Rights 3 Cited by: Cited – Selmouni v France ECHR 28-Jul-1999 Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – . .Cited – Selmouni … Continue reading Selmouni v France: ECHR 25 Nov 1996