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Michalak v London Borough of Wandsworth: CA 6 Mar 2002

The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of family relationships in section 113 was not exhaustive. … Continue reading Michalak v London Borough of Wandsworth: CA 6 Mar 2002

IR and GT v The United Kingdom: ECHR 28 Jan 2014

Judges: Ineta Ziemele, P Citations: 63339/12 – Admissibility Decision, [2014] ECHR 340, 14876/12 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – IR and GT v The United Kingdom (Dec) ECHR 28-Jan-2014 ECHR Article 8 Expulsion Exclusion orders based on undisclosed national security grounds: inadmissible Facts – The case … Continue reading IR and GT v The United Kingdom: ECHR 28 Jan 2014

Khan v The United Kingdom (Dec): ECHR 28 Jan 2014

Article 1 Jurisdiction of states Absence of territorial jurisdiction in respect of immigrant applicant who had voluntarily returned to his country of origin Facts – The applicant, a Pakistani national, came to the United Kingdom in 2006 on a student visa. In 2009 he and four other Pakistani nationals were arrested on suspicion of conspiracy … Continue reading Khan v The United Kingdom (Dec): ECHR 28 Jan 2014

Treial v Estonia (Dec): ECHR 28 Jan 2014

ECHR Article 35-1 – Exhaustion of domestic remedies Effective domestic remedy Claim for compensation before the administrative courts in respect of complaint concerning length of civil proceedings: effective remedy Facts – In his application to the European Court, the applicant complained of the length of domestic civil proceedings to which he had been a party. … Continue reading Treial v Estonia (Dec): ECHR 28 Jan 2014

MH v The Secretary of State for The Home Department: SCS 30 Aug 2011

MH sought the reduction of a decision of the Secretary of State for the Home Department to refuse his claim under Article 8 of the Convention for leave to remain in the United Kingdom. Judges: Beckett QC J Citations: [2011] ScotCS CSOH – 143 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: Scotland … Continue reading MH v The Secretary of State for The Home Department: SCS 30 Aug 2011

Manchester City Council v Pinnock: SC 9 Feb 2011

The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011

Maslov v Austria: ECHR 23 Jun 2008

(Grand Chamber) The applicant came lawfully to Austria when 6. He committed a large number of offences when he was 14 and 15, and had been sentenced to imprisonment. He complained of a later decision to deport him. Held: The court said: ‘ The Court would stress that while the criteria which emerge from its … Continue reading Maslov v Austria: ECHR 23 Jun 2008

Zdanoka v Latvia: ECHR 16 Mar 2006

(Grand Chamber) The applicant alleged that her disqualification from standing for election to the Latvian Parliament and to municipal elections infringed her rights as guaranteed by Article 3 of Protocol No. 1 to the Convention, and Articles 10 and 11 of the Convention. Citations: [2006] ECHR 231, [2006] ECHR 994, 58278/00 Links: Worldlii, Bailii Statutes: … Continue reading Zdanoka v Latvia: ECHR 16 Mar 2006

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

Mamatkulov And Askarov v Turkey: ECHR 4 Feb 2005

Grand Chamber – while there may have been reasons for doubting whether the applicants would receive a fair trial, there was not sufficient information to show that any possible irregularities in the trial were liable to constitute a flagrant denial of justice. In para O-III14 of their joint partly dissenting opinion, to which Judge Rozakis … Continue reading Mamatkulov And Askarov v Turkey: ECHR 4 Feb 2005

Tarariyeva v Russia: ECHR 14 Dec 2006

A complaint was made that the authorities had failed in their duty to protect a prisoner’s life. The authorities had him in custody for two years and knew of his health problems. He was not properly treated in the penal colony. When he had acute pain, he was diagnosed with a perforated ulcer and peritonitis … Continue reading Tarariyeva v Russia: ECHR 14 Dec 2006

Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Pham v Secretary of State for The Home Department: SC 25 Mar 2015

The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

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

Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Osborn v The Parole Board: SC 9 Oct 2013

Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Airedale NHS Trust v Bland: HL 4 Feb 1993

Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993

Afitseryan v Armenia: ECHR 21 Jun 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fourth Section Committee Citations: 28597/14, [2022] ECHR 493 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.678933

Syrras v Greece: ECHR 7 Jul 2022

ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 3068/14, [2022] ECHR 574 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.679032

Kemmache v France (Nos. 1 And 2) (Article 50): ECHR 2 Nov 1993

ECHR Judgment (Just Satisfaction) – Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 14992/89, [1993] ECHR 51, 12325/86 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: … Continue reading Kemmache v France (Nos. 1 And 2) (Article 50): ECHR 2 Nov 1993

Maslov v Austria: ECHR 22 Mar 2007

Citations: 1638/03, [2007] ECHR 224 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Rainford, Regina (on the Application of) v Secretary of State for the Home Department Admn 17-Oct-2008 The claimant had been in England since he was 11, and was now 38. He had been repeatedly … Continue reading Maslov v Austria: ECHR 22 Mar 2007

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

Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005

The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege. Held: ‘It is an established principle of the law of libel in this country that a claimant, whether individual or corporate, does … Continue reading Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005

Zorig Batayav v the Secretary of State for the Home Department: CA 5 Nov 2003

The case of Hariri had set too high the threshold for the level of threat which would need to apply as to the propriety of returning an asylum applicant to his home country. The correct test is that the applicant need show a ‘real risk’ of har. This is a lower standard than one of … Continue reading Zorig Batayav v the Secretary of State for the Home Department: CA 5 Nov 2003

Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002

The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002

Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 22 May 2013

The appellant, a British national and European citizen was in prison in Bali convicted of a criminal charge for which she might face the death penalty. Having insufficient funds she sought legal assistance from the respondent for her appeal, and now appealed against its refusal. Held: The appeal failed. The respondent’s policy was clear and … Continue reading Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 22 May 2013

Trenchenkov And Others v Russia: ECHR 23 Jun 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 65143/19, [2022] ECHR 523 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.678979

Crompton v The United Kingdom: ECHR 27 Oct 2009

The applicant had joined the Territorial Army as a pay and accounts clerk but was made redundant. He claimed redress in respect of his redundancy from his Commanding Officer. There then followed a prolonged series of proceedings which took eleven years to reach their conclusion before he achieved a settlement of his claim. He contended … Continue reading Crompton v The United Kingdom: ECHR 27 Oct 2009

Paulic v Croatia: ECHR 22 Oct 2009

The State re-acquired a former Yugoslavian Army flat and brought a civil action seeking the applicant’s eviction on the basis that he never obtained a specially protected tenancy under domestic law. The Croatian court ordered his eviction. Held: The national court had not analysed the proportionality of the measure, and had breached Article 8: ‘In … Continue reading Paulic v Croatia: ECHR 22 Oct 2009

Banks v United Kingdom: ECHR 6 Feb 2007

The applicants complained of maltreatment by prison officers in breach of article 3. The matter had been investigated by the Crown Prosecution Service which had decided not to prosecute. Civil proceedings had been raised and settled. The applicants contended that, even after all that, an independent public inquiry should be held, since it was the … Continue reading Banks v United Kingdom: ECHR 6 Feb 2007

Sophia Gudrun Hansen v Turkey: ECHR 23 Sep 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings‘Although measures against children obliging them to re-unite with one or other parent are not desirable … Continue reading Sophia Gudrun Hansen v Turkey: ECHR 23 Sep 2003

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

McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017

A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking indoors, but rather as to the ban on smoking in the grounds and on home … Continue reading McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009

The appellant challenged an order made under the 1981 Act revoking his British citizenship, saying that it infringed his article 8 rights to family life. Judges: Mitting J Ch, Lane SIJ Citations: [2009] UKSIAC 66/2008 Links: Bailii Statutes: European Convention on Human Rights 8, British Nationality Act 1981 40 Citing: See Also – Al-Jedda, Regina … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009

Rockliff v Revenue and Customs: FTTTx 25 Jun 2009

FTTTx Income tax – pension payable to husband – claim that half of pension should be assessed on wife – Income and Corporation Taxes Act 1988 sections 1 and 19, Schedule E paragraph 2 – Income Tax (Earnings and Pensions) Act 2003 sections 569, 571 and 572 – Matrimonial Causes Act 1973 sections 21A and … Continue reading Rockliff v Revenue and Customs: FTTTx 25 Jun 2009

Schuler-Zgraggen v Switzerland: ECHR 24 Jun 1993

The court considered a contributory invalidity scheme: ‘today the general rule is that Article 6(1) does apply in the field of social insurance, including even welfare assistance . . State intervention is not sufficient to establish that Article 6(1) is inapplicable; other considerations argue in favour of the applicability of Article 6(1) in the instant … Continue reading Schuler-Zgraggen v Switzerland: ECHR 24 Jun 1993

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

Sokolov And Others v Serbia (Dec): ECHR 14 Jan 2014

Article 35-1 Six month period Failure to lodge timely application concerning failure of insolvent State entity to pay judgment debt: inadmissible Facts – Between 2003 and 2005 the applicants obtained final court orders against their former employer, a ‘socially/State-owned’ company, requiring it to pay them salary arrears and social security reimbursements. In 2005 insolvency proceedings … Continue reading Sokolov And Others v Serbia (Dec): ECHR 14 Jan 2014

Jones And Others v The United Kingdom: ECHR 14 Jan 2014

ECHR Article 6 Criminal proceedings Article 6-1 Access to court Decision to strike out civil claims alleging torture on account of immunity invoked by defendant State (the Kingdom of Saudi Arabia) and its officials: no violation Facts – The applicants alleged that they had been subjected to torture while in custody in the Kingdom of … Continue reading Jones And Others v The United Kingdom: ECHR 14 Jan 2014

Kabar v Turkey: ECHR 28 Jun 2022

ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 38597/14, [2022] ECHR 529 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 August 2022; Ref: scu.678955

Munjaz v The United Kingdom: ECHR 17 Jul 2012

The applicant was detained in a secure mental hospital. He complained that he had been held in seclusion. Held: The complaints under articles 5 and 8 were admissible, but there had been no violation of the applicant’s rights in these circumstances.The Court (a) emphasised the principle of personal autonomy in article 8, (b) ruled that … Continue reading Munjaz v The United Kingdom: ECHR 17 Jul 2012

Manchester City Council v Pinnock: CA 31 Jul 2009

The court considered the status in law of ‘demoted tenants’, those who had been secure social housing tenants, but who had only limited security after being found to have behaved anti-socially. The tenant had been refused an opportunity by the county court judge to challenge the conclusions as to fact found by the local authority. … Continue reading Manchester City Council v Pinnock: CA 31 Jul 2009

JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009

The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and family life. Held: The Secretary of State’s appeal against a declaration of incompatibility failed. The … Continue reading JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009

Cowl and others v Plymouth City Council: Admn 14 Sep 2001

The applicants were residents of a nursing home run by the respondents, and sought judicial review of the decision to close it. Before making the decision, the council consulted the residents and concluded that none had been offered a ‘home for life’. Though some understood this, the council argued that no promise had been given, … Continue reading Cowl and others v Plymouth City Council: Admn 14 Sep 2001

Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005

The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005

Niemietz v Germany: ECHR 16 Dec 1992

A lawyer complained that a search of his offices was an interference with his private life. Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his own personal life as he chooses and to exclude therefrom entirely the … Continue reading Niemietz v Germany: ECHR 16 Dec 1992

Bitto and Others v Slovakia: ECHR 7 Jul 2015

Just satisfaction Citations: [2015] ECHR 667 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: GC Summary – Bitto And Others v Slovakia ECHR 28-Jan-2014 ECHR Article 46-2 – Execution of judgment – Measures of a general character – Respondent State required to introduce compensatory remedy to provide effective relief for breach … Continue reading Bitto and Others v Slovakia: ECHR 7 Jul 2015

Bitto and Others v Slovakia (3rd Ch): ECHR 28 Jan 2014

Judges: Josep Casadevall, P Citations: 30255/09 – Chamber Judgment, [2014] ECHR 79 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: GC Summary – Bitto And Others v Slovakia ECHR 28-Jan-2014 ECHR Article 46-2 – Execution of judgment – Measures of a general character – Respondent State required to introduce compensatory remedy … Continue reading Bitto and Others v Slovakia (3rd Ch): ECHR 28 Jan 2014

Bitto And Others v Slovakia: ECHR 28 Jan 2014

ECHR Article 46-2 – Execution of judgment – Measures of a general character – Respondent State required to introduce compensatory remedy to provide effective relief for breach of property rights of rent-controlled flat owners Facts – The applicants were 21 owners or co-owners of residential buildings in Bratislava and Trnava to which a rent-control scheme … Continue reading Bitto And Others v Slovakia: ECHR 28 Jan 2014

SN v Secretary of State for The Home Department: SCS 14 Jan 2014

Extra Division, Inner House – Judges: Lady Clark of Calton Citations: [2014] ScotCS CSIH – 7, 2014 SLT 905, [2014] CSIH 71, 2014 GWD 27-534 Links: Bailii Statutes: European Convention on Human Rights 2 3 8, Nationality, Immigration and Asylum Act 2002 94(3) Jurisdiction: Scotland Cited by: Extra Div Inner House – McCann v The … Continue reading SN v Secretary of State for The Home Department: SCS 14 Jan 2014

AM (Somalia) v Entry Clearance Officer: CA 1 Jul 2009

The appellant had married in Somalia. His wife lived in London and sought permission for him to enter, she acting as his sponsor. The Immigration judge had found that they met all the criteria save one, that they would be able to support themselves other than by recourse to public funds. The wife was a … Continue reading AM (Somalia) v Entry Clearance Officer: CA 1 Jul 2009

Hegedis v Croatia: ECHR 23 Jun 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 41306/18, [2022] ECHR 514 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 July 2022; Ref: scu.678952

AB v Her Majesty’s Advocate: SC 5 Apr 2017

This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B was over the age of 16, if the police had previously charged … Continue reading AB v Her Majesty’s Advocate: SC 5 Apr 2017

Ponomaryov and Others v Bulgaria: ECHR 21 Jun 2011

Two boys were born to Russian parents in what became Kazakhstan. After their parents’ divorce, their mother married a Bulgarian and they all came to live in Bulgaria. The mother was granted a permanent residence permit and the boys were entitled to residence on the basis of her permit. They were educated at Bulgarian primary … Continue reading Ponomaryov and Others v Bulgaria: ECHR 21 Jun 2011

Gogitidze And Others v Georgia: ECHR 12 May 2015

‘a wide margin of appreciation is usually allowed to the State under the Convention when it comes to general measures of political, economic or social strategy, and the Court generally respects the legislature’s policy choice unless it is ‘manifestly without reasonable foundation” Citations: 36862/05 – Chamber Judgment, [2015] ECHR 475, (2016) 62 EHRR 14 Links: … Continue reading Gogitidze And Others v Georgia: ECHR 12 May 2015

Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: CA 31 Jul 2014

Appeal against a decision that the SS’s refusal of a student loan was a breach of the claimant’s human rights. Held: The Secretary of State’s appeal against the judge’s decision on the settlement criterion was allowed and the appellant’s appeal against his decision on the lawful ordinary residence criterion was dismissed.Laws LJ (with whom Floyd … Continue reading Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: CA 31 Jul 2014

Husenatu Bah v The United Kingdom: ECHR 27 Sep 2011

Judges: Lech Garlicki, P Citations: [2011] ECHR 1448, 56328/07, (2012) 54 EHRR 21, [2012] HLR 2, , 31 BHRC 609 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Statement of Facts – Husenatu Bah v The United Kingdom ECHR 1-Dec-2009 Statement of Facts . . Cited by: Cited – Tigere, Regina … Continue reading Husenatu Bah v The United Kingdom: ECHR 27 Sep 2011

Leyla Sahin v Turkey: ECHR 10 Nov 2005

(Grand Chamber) The claimant, a muslim woman complained that she had not been allowed to attend lectures wearing a headscarf. Held: Any limitations on the right to an education must not curtail it ‘to such an extent as to impair its very essence and deprive it of its effectiveness.’ ‘Although [A2P1] does not impose a … Continue reading Leyla Sahin v Turkey: ECHR 10 Nov 2005

Webster and Others v The Governors of the Ridgeway Foundation School: QBD 21 May 2009

The first claimant had been severely beaten as he left school. He and his parents also claimed post traumatic stress. They alleged that the school had been negligent in having allowed racial tensions to develop. The claimant was white, and his attackers Asian. The claimants sought disclosure of the school’s disciplinary records unredacted so that … Continue reading Webster and Others v The Governors of the Ridgeway Foundation School: QBD 21 May 2009

Kenedi v Hungary: ECHR 26 May 2009

(Second Chamber) The applicant historian specialised in the analysis and recording of the secret services of dictatorships, comparative studies of the political police forces of totalitarian regimes and the functioning of Soviet-type States. The applicant requested the Hungarian Ministry of the Interior to grant him access to deposited documents. He obtained judgments of the Hungarian … Continue reading Kenedi v Hungary: ECHR 26 May 2009

Horncastle and Others v Regina: CACD 22 May 2009

Each defendant appealed on the basis that they had not had proper opportunity to cross examine prosecution witnesses whose evidence had been accepted by the court. In each case evidence had been hearsay. In two cases, the witness had died before trial, in the third the witness did not attend for fear, and in the … Continue reading Horncastle and Others v Regina: CACD 22 May 2009

Marper v United Kingdom; S v United Kingdom: ECHR 27 Feb 2008

Grand Chamber – Press Release – The applicant complained of the retention by the police of DNA and fingerprint records – The applicants both complain about the retention of their fingerprints and DNA samples and the fact that they are being used in ongoing criminal investigations. They are also concerned about the possible future uses … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 27 Feb 2008

Gentle and Clarke, Regina (on the Application Of) v Prime Minister and others: CA 12 Dec 2006

The claimants appealed refusal of a judicial review of the defendant’s decision to enter into the war in Iraq. The claimants were parents of troops who had died in the war. They said that the legal advice given to the government was incorrect. Held: Human Rights law requires a proper investigation into deaths, but that … Continue reading Gentle and Clarke, Regina (on the Application Of) v Prime Minister and others: CA 12 Dec 2006

Sahin and Others v Turkey: ECHR 3 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 3 as regards nine applicants; Violation of Art. 13 as regards nine applicants; No violation of Art. 3 and 13 as regards one applicant; Non-pecuniary damage – financial award; Costs and expenses partial award. Citations: 53147/99, [2005] ECHR 61 Links: Worldlii, Bailii Statutes: European Convention … Continue reading Sahin and Others v Turkey: ECHR 3 Feb 2005

Mellors v The United Kingdom: ECHR 17 Jul 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe complainant sought to pursue an appeal against his conviction for rape, but the delay of over three years in hearing the appeal led to this complaint. Held: The failure to … Continue reading Mellors v The United Kingdom: ECHR 17 Jul 2003

Anthony Richard Rapley And Others v The United Kingdom: ECHR 4 Sep 2007

The applicants complain that British social security legislation discriminated against them on grounds of sex, in breach of Article 14 of the Convention taken in conjunction with both Article 8 of the Convention and Article 1 of Protocol No. 1. Judges: Casadevall, P Citations: 67913/01, [2007] ECHR 1171 Links: Bailii Statutes: European Convention on Human … Continue reading Anthony Richard Rapley And Others v The United Kingdom: ECHR 4 Sep 2007

Pedley, Martin and Hamadi v Regina: CACD 14 May 2009

The court considered the justification for extended sentences of imprisonment for public protection: ‘Its justification is the protection of the public. It is indeterminate. Release depends on the judgment of the Parole Board as to the risk which the prisoner presents. The court must fix a minimum term before which release cannot be considered, calculated … Continue reading Pedley, Martin and Hamadi v Regina: CACD 14 May 2009

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

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

Panovits v Cyprus: ECHR 11 Dec 2008

The Court was asked as to the questioning of a child when the child had gone to the police station with his father, as requested by the police, and was thereafter arrested. The applicant complained, in particular, about the fairness of criminal proceedings at the pre-trial stage and before the domestic courts. Held: ‘the concept … Continue reading Panovits v Cyprus: ECHR 11 Dec 2008

KRS v The United Kingdom: ECHR 2 Dec 2008

Admissibility – The applicant’s claim for asylum had failed, and he challeged the decision to return him to Greece, the point of entry to the EU, saying that he would be at risk if so returned. Held: The United Kingdom would not breach its obligations under Article 3 of the Convention by removing the applicant … Continue reading KRS v The United Kingdom: ECHR 2 Dec 2008

Tarsasag A Szabadsagjogokert v Hungary: ECHR 13 Nov 2008

The Hungarian Civil Liberties Union sought access to details of a legal challenge filed by a Hungarian parliamentarian in the Hungarian Constitutional Court concerning the constitutionality of legislative amendments to the Hungarian Criminal Code. The Union contended that the refusal of the Constitutional Court to grant it access to the documents was a violation of … Continue reading Tarsasag A Szabadsagjogokert v Hungary: ECHR 13 Nov 2008

Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006

JE, wife of DE, who had been taken into residential care by the Local authority, said that the authority had infringed his Article 5 and 8 rights on transferring him between homes. The authority asserted that he did not have mental capacity. She asserted that his retention in care was an unlawful detention. Judges: Munby … Continue reading Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006

Hirst v The United Kingdom (No. 2): ECHR 30 Mar 2004

(Commission) The prisoner alleged that the denial of his right to vote whilst in prison was disproportionate. He was serving a life sentence for manslaughter. Held: The denial of a right to vote was in infringement of his rights and disproportionate. Different signatory countries had applied different standards. The UK law made a great distinction … Continue reading Hirst v The United Kingdom (No. 2): ECHR 30 Mar 2004

Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples and fingerprints taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals. Held: The appeals failed. The refusal to remove the records was not an infringement of a … Continue reading Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

Al-Jedda v Secretary of State for the Home Department: SIAC 22 Oct 2008

The Court was asked whether or not the procedural protections afforded by Article 6(1) ECHRR as identified by the House of Lords in Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 apply to the Appellant’s appeal against the decision of the Secretary of State to deprive him … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 22 Oct 2008

Al-Jedda v Secretary of State for the Home Department: SIAC 23 May 2008

The appellant had been granted british citizenship. He now appealed against a an order under section 40(2) of the 1981 Act depriving him of his British citizenship on the ground that the respondent was satisfied that deprivation was conducive to the public good. Judges: Mitting J Ch, Lane SIJ Citations: [2008] UKSIAC 66/2008 Links: Bailii … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 23 May 2008

Frodl v Austria: ECHR 8 Jan 2009

Admissibility Judges: Christos Rozakis, P Citations: 20201/04, [2009] ECHR 225 Links: Bailii Statutes: European Convention on Human Rights Cited by: Admissibility – Frodl v Austria ECHR 8-Apr-2010 The applicant alleged that his disenfranchisement because he was serving a term of imprisonment of more than one year constituted a breach of his rights under Article 3 … Continue reading Frodl v Austria: ECHR 8 Jan 2009

Rasmussen v Denmark: ECHR 28 Nov 1984

Article 14 requires a complainant of discrimination to show that the complaint falls within the ‘ambit’ of some substantive Convention right. Citations: 8777/79, (1984) 7 EHRR 371, [1984] ECHR 17 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 14 Jurisdiction: Human Rights Cited by: Cited – Douglas v North Tyneside Metropolitan Borough Council CA … Continue reading Rasmussen v Denmark: ECHR 28 Nov 1984

Ashdown v Telegraph Group Ltd: CA 18 Jul 2001

The appellant complained that a part of his confidential diaries had been republished without his consent by the defendant newspaper group. The defendant appealed, saying that the publication was fair dealing. Held: The exceptions within the Copyright Act were not sufficient to obviate entirely potential conflicts with the rights of freedom of expression under the … Continue reading Ashdown v Telegraph Group Ltd: CA 18 Jul 2001

Re Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council v News Group Newspapers: FD 2 Dec 2003

A twelve year old girl had become pregnant. The Catholic Church was said to have paid her not to have an abortion. After the birth she and her baby were taken into care. The authority proposed the adoption of the baby. There was more publicity. Angela Roddy said that she had ‘Gillick capacity’ and that … Continue reading Re Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council v News Group Newspapers: FD 2 Dec 2003

Ashdown v Telegraph Group Ltd: ChD 11 Jan 2001

The claimant, during his career had written private diaries, including minutes of secret political meetings. As he stepped down from leadership, he began to arrange publication. Before this was complete, the defendant published extracts. He complained of breach of copyright. Held: The claim succeeded. The VC granted a final injunction against any further infringement and … Continue reading Ashdown v Telegraph Group Ltd: ChD 11 Jan 2001

Kjeldsen, Busk Madsen and Pedersen v Denmark: ECHR 7 Dec 1976

The court discussed the meaning of ‘other status’ under article 14, saying: ‘Article 14 prohibits, within the ambit of the rights and freedoms guaranteed, discriminatory treatment having as its basis or reason a personal characteristic (‘status’) by which persons or groups of persons are distinguishable from each other.’ Citations: 5926/72, [1976] ECHR 6, 5095/71, 5920/72, … Continue reading Kjeldsen, Busk Madsen and Pedersen v Denmark: ECHR 7 Dec 1976

Murray v The United Kingdom: ECHR 3 Feb 2009

The applicant complained under Articles 8 and 14 of the Convention and Article 1 of Protocol No. 1 that, because he was a man, he was denied social security benefits equivalent to those received by widows. Judges: Lech Garlicki, President Citations: 28045/02, [2009] ECHR 192 Links: Bailii Statutes: European Convention on Human Rights Human Rights, … Continue reading Murray v The United Kingdom: ECHR 3 Feb 2009