Factsheet – End of life and the ECHR Citations: [2022] ECHR 315 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 September 2022; Ref: scu.681070
ECJ (Opinion of the full court) Opinion pursuant to Article 218(11) TFEU – Draft international agreement – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms – Compatibility of the draft agreement with the EU and FEU TreatiesHeld: ‘The agreement on the accession of the European … Continue reading Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 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
Citations: 36942/05, [2010] ECHR 993 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.418530
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
Exemption from IHT for gifts to political parties – section 24 Inheritance Tax Act 1984 – whether breach of European Convention on Human Rights – whether breach of European Union law Citations: [2018] UKFTT 617 (TC), [2019] SFTD 304, [2019] STI 214 Links: Bailii Jurisdiction: England and Wales Inheritance Tax, Human Rights Updated: 24 October … Continue reading Banks v Revenue and Customs (Inheritance Tax : Human Rights): FTTTx 15 Oct 2018
Citations: 41794/04, [2012] ECHR 762 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 07 October 2022; Ref: scu.452919
Applications were made, challenging the refusal of the Secretary of State for Health, and the Human Fertilisation and Embryology Authority, to institute a system where a child born by artificial insemination could make enquiries as to his or her parenthood. Held: The knowledge of facts about one’s biological parenthood was part of the right to … Continue reading Regina (Rose and Another) v Secretary of State for Health and the Human Fertilisation and Embryology Authority: Admn 26 Jul 2002
Citations: HELSINKI COMMITTEE v Romania – 2959/11, [2011] ECHR 2066 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 01 October 2022; Ref: scu.449902
UTIAC 1) Whilst section 2 of the Human Rights Act 1998 and its associated case law requires United Kingdom tribunals in general to give effect to the jurisprudence of the European Court of Human Rights, including that Court’s guidance on how to approach evidence in international protection cases, the weighing of evidence and the drawing … Continue reading AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011
Citations: 67300/01, [2009] ECHR 2155 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 August 2022; Ref: scu.392792
Judges: Morgan LCJ, Girvan LJ and Coghlin LJ Citations: [2013] NICA 37 Links: Bailii Statutes: Adoption (Northern Ireland) Order 1987, European Convention on Human Rights 8 14 Jurisdiction: Northern Ireland Adoption, Discrimination, Human Rights Updated: 07 August 2022; Ref: scu.513865
Citations: 38714/04, [2008] ECHR 1692, [2009] ECHR 1367 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 July 2022; Ref: scu.341318
Citations: 62540/00, [2007] ECHR 533 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Marper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008 (Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released … Continue reading The Association For European Integration And Human Rights And Ekimdzhiev v Bulgaria: ECHR 28 Jun 2007
ECJ An Austrian businessman who had moved to Germany complained that storing data relating to him in a central register of foreign nationals discriminated against him as there was no such database for German nationals. Advocate General Poiares Maduro pointed out that: ‘The concept of necessity has a long history in Community law and is … Continue reading Huber v Bundesrepublik Deutschland (European Citizenship): ECJ 3 Apr 2008
(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading treatment, and that the police had given undue weight to the right to demonstrate. … Continue reading Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening): HL 12 Nov 2008
The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return. Held: The mother’s appeal succeeded. The Convention required an order to be made for the return of a child only where the parent … Continue reading In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006
In each case fathers not married to the mother of the child, but with parental responsibility sought to have the child immunised. The mothers opposed the treatment saying they believed it unsafe. Held: The children should be immunised. Article 8.2 permitted interference with family life for health reasons. Mothers and fathers had equal rights before … Continue reading In re C (a Child) (Immunisation: Parental Rights); In re F (a Child) (Immunisation: Parental rights): FD 13 Jun 2003
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
The court was asked: ‘(1) Do rights under Article 8 of the European Convention on Human Rights and Fundamental Freedoms 1950 (ECHR) survive the making of an adoption order? (2) Did the coming into force in April 2014 of s. 51A Adoption and Children Act 2002 (ACA 2002), which allows the court to make a … Continue reading Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015
The mother had been given leave by the Recorder to remove a ten month old girl permanently from the jurisdiction to the United States in circumstances where the mother`s job prospects were better in New York than in England. The father, (in person) raised the question of a breach of his right under Article 8(1). … Continue reading In re A (permission to remove child from jurisdiction: human rights): CA 2000
ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – Unemployment benefits – Child with the nationality of a Member State – Right of residence of parents who are … Continue reading Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010
ECHR Judgment : Prohibition of torture : Fifth Section Committee Citations: 70579/12, [2020] ECHR 698 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 May 2022; Ref: scu.655848
Bill of Rights 1689 – Constitution – Parliament – Parliamentary Privilege – Separation of Powers – Immunity – Jurisdiction of Court – Human Rights – Public Authority – Child Abuse – Inquiry Report – Motion for an Unopposed Return – ECHR Art 8 – ECHR Art 6 – Damages – St Helena and Ascension Island … Continue reading Warsama and Another v The Foreign and Commonwealth Office and Others (Bill of Rights 1689 – Constitution – Parliament – Separation of Powers – Child Abuse): QBD 15 Jun 2018
ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee Citations: 18490/09, [2022] ECHR 165 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.672079
ECHR Judgment : Article 11 – Freedom of assembly and association : Fourth Section Citations: 44529/09, [2018] ECHR 214 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607408
Judges: Cobb J Citations: [2017] EWFC 11, [2017] WLR(D) 117, [2017] 1 Costs LR 201 Links: Bailii, WLRD Statutes: European Convention on Human Rights 6 Jurisdiction: England and Wales Family, Human Rights, Costs Updated: 24 March 2022; Ref: scu.582018
60790/12 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section Committee)), [2016] ECHR 435 Bailii European Convention on Human Rights Human Rights Updated: 16 January 2022; Ref: scu.564478
FTTTx INCOME TAX – self-assessment – barrister – move from cash to true and fair basis – overpayment tax year between two underpayment tax years – tax paid twice on same profits – application of European Convention on Human Rights and Human Rights Act 1998 – held Section 29 of the Taxes Management Act 1970 … Continue reading Fessal v Revenue and Customs (Income Tax/Corporation Tax : Human Rights): FTTTx 26 Apr 2016
44685/09 (Judgment (Merits and Just Satisfaction) : Court (First Section Committee)) French Text, [2016] ECHR 351 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 13 January 2022; Ref: scu.561636
ECHR Judgment : Article 10 – Freedom of expression-{general} Article 11 – Freedom of assembly and association : Third Section 12385/15, [2021] ECHR 1028 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 13 January 2022; Ref: scu.670447
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act. Held: The prisoner had followed through his rights to petition the governor. Had he done so and failed, … Continue reading Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001
ECHR Article 34 Locus standi Standing of non-governmental organisation to lodge an application on behalf of deceased mentally-ill detainee Article 2 Article 2-1 Effective investigation Failure to conduct effective investigation into the death of mentally-ill detainee: violation Facts – The application was lodged by an NGO named the Association for the Defence of Human Rights … Continue reading Association For The Defence Of Human Rights In Romania-Helsinki Committee on behalf of Ionel Garcea v Romania: ECHR 24 Mar 2015
2959/11 – Chamber Judgment, [2015] ECHR 309 Bailii European Convention on Human Rights Human Rights Updated: 29 December 2021; Ref: scu.545035
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section 74288/14, [2021] ECHR 823 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 04 December 2021; Ref: scu.668680
Each applicant sought an interim order against the Scottish Minister with respect to their treatment in prison. It had been found that the conditions in Barlinnie Prison were inhumane. The Crown responded that the court had no jurisdiction to make such an order. Held: McDonald is binding on the court. An interim order could not … Continue reading Petition of Andrew Scott and Scott Davidson for Judicial Review of A Decision To Continue Their Detention In Inhumane Prison Conditions: SCS 26 Oct 2001
Article 10-1 Freedom to receive information Refusal to allow a non-governmental organisation access to intelligence information despite a binding decision directing disclosure: violation Facts – The applicant was a non-governmental organisation which monitored the implementation of transitional laws with a view to ensuring respect for human rights, democracy and the rule of law. In October … Continue reading Youth Initiative For Human Rights v Serbia: ECHR 25 Jun 2013
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
ECJ (Opinion) Air transport – Directive 2002/30/EC – Definition of ‘operating restrictions’ – Noise limits at source which must be observed when overflying built-up areas near an airport – Possibility of adopting national rules based on noise levels measured on the ground – Relationship with Directive 2002/49/EC – Convention on International Civil Aviation – Fundamental … Continue reading European Air Transport v College d’Environnement de la Region de Bruxelles-Capitale: ECJ 17 Feb 2011
UTIAC (1) Trafficking, as defined in Article 3(a) of the Palermo Protocol of 2000, falls within the ambit of Article 4 of the ECHR (prohibition of slavery and forced labour), as held in Rantsev v Cyprus and . .
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
The Court concludes that in Northern Ireland:
(i) There is no general right to abortion whether under the common law or under statute.
(ii) The Northern Ireland Human Rights Commission (‘the Commission’) has legal standing under the . .
Appeal by the Attorney General and Department of Justice against an Order declaring that sections 58 and 59 of the 1861 Act and section 25 of the 1945 Act were incompatible with Article 8 of ECHR insofar as it is an offence:
(i) to procure a . .
ECHR Judgment : Remainder inadmissible : Fifth Section . .
ECHR (Plenary Court) Legislation in Northern Ireland that criminalised homosexual behaviour which was lawful in the rest of the UK. Held: There was a violation of article 8, but it was not necessary to determine the complaint under article 14, The court acknowledged the necessity in a democratic society for some degree of control to … Continue reading Dudgeon v The United Kingdom: ECHR 22 Oct 1981
The care worker’s appeal failed. The system for disciplining care workers and placing them on lists was required to be human rights compliant. Lord Justice May said: ‘There is an obvious and unchallenged public interest in having an appropriate system for protecting vulnerable adults and children from the risk of harm from unsuitable carers. It … Continue reading Regina (Wright) v Secretary of State for Health: CA 2 Jan 2008
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings Citations: 37471/97, [2002] ECHR 481 Links: Bailii Statutes: European Convention on Huma Rights 8 Jurisdiction: Human Rights Cited by: See Also – William Faulkner v The United Kingdom ECHR 10-Mar-2011 A … Continue reading William Faulkner v The United Kingdom: ECHR 4 Jun 2002
The free speech of protesters should not be curtailed simply because of the unlawful behaviour of one or two individuals. The court considered that ‘that the freedom to take part in a peaceful assembly – in this instance a demonstration that had not been prohibited – is of such importance that it cannot be restricted … Continue reading Ezelin v France: ECHR 26 Apr 1991
The court was asked whether in a complaint under the Act, conduct before the Act could be considered. Held: The Tribunal could rely on misconduct which had taken place, or the relevant provider’s opinion had been formed, before the commencement of the Act. Stanley Burnton J said: ‘If the 2000 Act operates unfairly, the court … Continue reading Regina (Wright) v Secretary of State for Health: QBD 2008
Following a trial, a juror wrote to the defendant’s mother to say that other jury members had not considered the case in a proper manner. He had been given written advice that he was not free to discuss a case with anyone. He appealed his conviction for contempt of court, saying that his intention had … Continue reading Attorney General v Scotcher: HL 19 May 2005
(Grand Chamber) The court commented that ‘in determining whether the personal information retained by the authorities involves any of the private-life aspects mentioned above, the court will have due regard to the specific context in which the information at issue has been recorded and retained, the nature of the records, the way in which these … Continue reading S v The United Kingdom; Marper v The United Kingdom: ECHR 4 Dec 2008
Communicated Case – The applicant, a Kosovan Gorani, had been granted refugee status and indefinite leave to remain, but after conviction for criminal damage and drugs offences and possession of a knife in a public place he was sentenced, and after completion of his sentence he was ordered to be departed. The offences were included … Continue reading Draga v The United Kingdom: ECHR 5 Jan 2015
EAT RELIGION OR BELIEF DISCRIMINATION A belief in man-made climate change, and the alleged resulting moral imperatives, is capable, if genuinely held, of being a philosophical belief for the purpose of the 2003 Religion and Belief Regulations. The belief must be of a similar cogency or status to a religious belief, the ECHR jurisprudence is … Continue reading Grainger Plc and Others v Nicholson: EAT 3 Nov 2009
A judgment summons, issued was issued by the wife to enforce a lump sum order made against her husband in their divorce proceedings. The judge had performed his statutory duty which included having to satisfy himself under s. 25 of the 1973 Act of the income, earning capacity, property and other financial resources of the … Continue reading Mubarak v Mubarak: CA 2001
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits (non-exhaustion); Preliminary objection rejected (non-exhaustion); No violation of Art. 6-1+6-3-b; Violation of Art. 6-1+6-3-c; . .
Appeal of the Secretary of State against the determination of First-tier Tribunal allowing the claimant’s appeal against the decision of the Secretary of State, to refuse the claimant’s application for leave to remain in the UK on the basis of . .
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
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 79217/17, [2022] ECHR 959 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 January 2023; Ref: scu.682601
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 49297/18, [2022] ECHR 967 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 January 2023; Ref: scu.682632
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 5386/20, [2022] ECHR 974 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 January 2023; Ref: scu.682629
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 29308/18, [2022] ECHR 965 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 January 2023; Ref: scu.682628
ECHR Judgment : Article 14+P1-2 – Prohibition of discrimination : Fourth Section Citations: 64480/19, [2022] ECHR 935 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 January 2023; Ref: scu.682622
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 79256/17, [2022] ECHR 960 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 January 2023; Ref: scu.682610
The Claimant sued the Council for breach of the Data Protection Act 1998, breach of the General Data Protection Regulation (Regulation (EU) 2016/679), breach of confidence, misuse of private information, and breach of Article 8 of the European Convention on Human Rights. Disclosure of medical records to attendees of child protection conference. Defendant’s application for … Continue reading Stanley v London Borough of Tower Hamlets: QBD 26 Jun 2020
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 11243/17, [2022] ECHR 991 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 December 2022; Ref: scu.682591
Citations: 25223/05, [2009] ECHR 386 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 December 2022; Ref: scu.316614
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 52784/19, [2022] ECHR 972 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 December 2022; Ref: scu.682653
ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee Citations: 7440/07, [2022] ECHR 946 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 December 2022; Ref: scu.682648
Citations: 3390/05, [2011] ECHR 1350 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.444590
(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
Citations: 31629/07, [2010] ECHR 303 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.402985
Citations: 17985/04, [2009] ECHR 2052 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.384003
Judges: Sedley, Longmore, Maurice Kay LJJ Citations: [2009] EWCA Civ 620, [2009] INLR 514, [2010] Imm AR 132, C5/2008/1706, C5/2009/0251 Links: Bailii Statutes: European Convention on Human Rights 2 3, Directive 2004/83/EC Jurisdiction: England and Wales Citing: Examined – Elgafaji and Elgafaji v Staatssecretaris van Justitie ECJ 17-Feb-2009 Europa (Grand Chamber) Directive 2004/83/EC – Minimum … Continue reading QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009
Citations: 19162/03, [2009] ECHR 1033 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.347682
Citations: 18345/03, [2007] ECHR 1129 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.263441
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
The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey. Held: The concept of ‘persecution’ was central. It is necessary to investigate whether the treatment which the applicants reasonably fear would infringe a recognised human right. … Continue reading Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003
ECHR Judgment : Prohibition of torture : Fifth Section Committee Citations: 38718/16, [2021] ECHR 254 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.661955
ECHR Judgment : Right to a fair trial : Third Section Citations: 45202/14, [2021] ECHR 176 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.661991
ECHR Judgment : Preliminary objection joined to merits and dismissed : Second Section Citations: 63789/13, [2021] ECHR 298 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.662092
ECHR Judgment : Preliminary objection joined to merits and dismissed : Third Section Citations: 74729/17, [2022] ECHR 931 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682596
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 32088/11, [2022] ECHR 980 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682593
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 47557/12, [2022] ECHR 953 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682620
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Citations: 57906/18, [2022] ECHR 932 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682645
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee Citations: 35839/13, [2022] ECHR 928 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682634
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Citations: 5084/18, [2022] ECHR 984 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682614
Citations: 45334/06 HEDEC, [2012] ECHR 2072, [2013] ECHR 230 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.468755
Citations: 62120/09 – HEJUD, [2012] ECHR 2068 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.467123
Appeal against refusal of permission for change of use. The permission sought was for a change of use to a residential gypsy caravan site for two Romany gypsies. The issue was whether an Article 8 right could be established in respect of a prospective home. Citations: [2009] EWCA Civ 809, [2009] 31 EG 72, [2010] … Continue reading Rafferty and Another v Secretary of State for Communities and Local Government and Another: CA 29 Jul 2009
Citations: 22156/04, [2009] ECHR 1609 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.376320
Citations: 17517/03, [2009] ECHR 333 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.301667
Citations: 15091/06, [2008] ECHR 281 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.267289
The claimant challenged the refusal of a right to appeal against the decision refusing hs asylum appeal. He had failed to attend two hearings. The respondent gave his certificate under section 73 that in his opinion the only purpose of the appeal was to delay removal. Held: The correct approach was to to treat it … Continue reading Sandhu, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 16 Sep 2003
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 43534/19, [2021] ECHR 202 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.661990
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 60928/12, [2022] ECHR 954 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682615
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 18089/20, [2022] ECHR 976 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682618
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 15528/11, [2022] ECHR 947 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682599
ECHR Judgment : No Article 5 – Right to liberty and security : Fifth Section Citations: 56425/18, [2022] ECHR 983 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682630