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Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 2014

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

Accession Of The European Union To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: ECJ 13 Jun 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

BBC Scotland, McDonald, Rodgers and Donald v United Kingdom: ECHR 23 Oct 1997

The court accepted the compatibility with article 10 of restrictions on the publication of material which may prejudice the outcome of court proceedings Citations: Unreported, 23 October 1997, 34324/96 Statutes: European Convention on Human Rights 10 Cited by: Cited – A v British Broadcasting Corporation (Scotland) SC 8-May-2014 Anonymised Party to Proceedings The BBC challenged … Continue reading BBC Scotland, McDonald, Rodgers and Donald v United Kingdom: ECHR 23 Oct 1997

Core Issues Trust v Transport for London: Admn 22 Mar 2013

The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013

British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad: Admn 11 Jan 2012

The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview. Held: The claim succeeded. The decision was quashed and must be retaken. If ever any case justified exceptional treatment, this was one. He had been held without trial for … Continue reading British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad: Admn 11 Jan 2012

McDaid v United Kingdom: ECHR 1996

(Commission) Decision on admissibility. Residents of Derry applied alleging inter alia that there had been a breach of the procedural obligation under article 2 to hold a full investigation into the ‘Bloody Sunday’ killings in 1972. They alleged inadequacies in the Widgery Report, an investigation conducted by the RUC and the inquest that had been … Continue reading McDaid v United Kingdom: ECHR 1996

In re A (permission to remove child from jurisdiction: human rights): CA 2000

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

Baskan v Turkey: ECHR 21 Jul 2005

Citations: 66995/01, [2005] ECHR 507, [2005] ECHR 507 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 May 2022; Ref: scu.230671

Nilsen v HM Prison Full Sutton and Another: CA 17 Nov 2004

The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights. Held: Section 47 of the Act speaks not only of regulation and management … Continue reading Nilsen v HM Prison Full Sutton and Another: CA 17 Nov 2004

Silver v United Kingdom: ECHR 1980

(Commission) Complaint was made as to the censorship of prisoners’ correspondence. The censorship of prisoners’ correspondence was ancillary to prison rules restricting the contents of correspondence. The Commission, therefore, and the Court had to consider what restraints upon the content of correspondence were permissible. Held: Communications making representations about the prisoner’s trial, conviction or sentence … Continue reading Silver v United Kingdom: ECHR 1980

Campbell v The United Kingdom: ECHR 25 Mar 1992

The applicant complained about the compatibility with the European Convention of the Prisons rule 74(4) which provided that ‘every letter to or from a prisoner shall be read by the Governor . . and it shall be within the discretion of the Governor to stop any letter if he considers that the contents are objectionable.’ … Continue reading Campbell v The United Kingdom: ECHR 25 Mar 1992

Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another: Admn 19 Dec 2003

The prisoner complained that having written an autobiography, the manuscript materials had been withheld, and that this interfered with his rights of freedom of expression. Held: Such an action by the prison authorities was not incompatible with the prisoner’s rights. The materials were not privileged, but were intended for publication contrary to the standing orders. … Continue reading Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another: Admn 19 Dec 2003

Regina v Secretary of State for Home Department ex parte Mellor: CA 4 Apr 2001

A prisoner had no right to facilities to artificially inseminate his wife. In this case, he might not be released for several years, and there were no medical reasons advanced for finding exceptional reasons under the Department policy. Provided the interference with the prisoner’s rights was proportionate, a refusal to provide the additional facilities which … Continue reading Regina v Secretary of State for Home Department ex parte Mellor: CA 4 Apr 2001

Regina v Ministry of Defence Ex Parte Smith and Others: QBD 7 Jun 1995

An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it … Continue reading Regina v Ministry of Defence Ex Parte Smith and Others: QBD 7 Jun 1995

Jespers v Belgium: ECHR 1981

ECHR (Commission) Article 6, paragraph I of the Convention(a) A virulent press campaign can, in certain circumstances, adversely affect the fairness of a trial and involve the State’s responsibility, particularly if it is sparked off bv one of the State’s organs.(b) Alleged failure by the public prosecutor’s office to include in the file and communicate … Continue reading Jespers v Belgium: ECHR 1981

Yasanik v Turkey: ECHR 1993

(Commission) The applicant had been expelled from a military academy, and complained of the infringement of his article 2 rights. Held: There was no denial of the right to education because the Turkish education system also included civilian establishments in which he could enrol. Citations: (1993) 74 DR 14 Statutes: European Convention on Human Rights … Continue reading Yasanik v Turkey: ECHR 1993

Karaduman v Turkey: ECHR 1993

(Commission) The applicant had been refused a certificate of graduation because the school required a photograph of her without a headscarf and she was unwilling for religious reasons to be photographed without a headscarf. Held: There had been no interference with her article 9 right in that ‘by choosing to pursue her higher education in … Continue reading Karaduman v Turkey: ECHR 1993

Konttinen v Finland: ECHR 3 Dec 1996

(Commission) The applicant was a civil servant and a Seventh-day Adventist. He was dismissed for his refusal to continue working after sunset on Fridays. His contract required him to work on Friday evenings after sunset. Held: The claim was manifestly ill-founded. The applicant had a duty to accept certain obligations to the State employer, including … Continue reading Konttinen v Finland: ECHR 3 Dec 1996

Ahmad v Inner London Education Authority: CA 1977

The appellant said that his human rights were infringed when, as a moslem, he was refsued time off from his work as a primary school teacher to attend prayers at the mosque on Fridays. He had subsequentlly been re-instated part-time, but complained that this affected his pension rights. Held: Lord Denning MR said that whilst … Continue reading Ahmad v Inner London Education Authority: CA 1977

Albert And Le Compte v Belgium: ECHR 24 Oct 1983

ECHR Judgment (Just Satisfaction) – Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings. Citations: 7496/76, 7299/75 Statutes: European Convention on Human Rights 6 Citing: See Also – Le Compte, Van Leuven And De Meyere v Belgium ECHR 23-Jun-1981 Hudoc The Court was … Continue reading Albert And Le Compte v Belgium: ECHR 24 Oct 1983

Yayla v Turkey: ECHR 21 Jul 2005

Citations: 70289/01, [2005] ECHR 534, [2005] ECHR 534 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 May 2022; Ref: scu.230694

J and others v Switzerland: ECHR 5 Apr 1995

Even relatively minor medical treatment, if compulsory, may engage article 8. Citations: 22398/93 Statutes: European Convention on Human Rights 8 Cited by: Cited – B, Regina (on the Application of) v Ashworth Hospital Authority HL 17-Mar-2005 The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his … Continue reading J and others v Switzerland: ECHR 5 Apr 1995

Paskhalidis And Others v Greece 20416/92: ECHR 19 Mar 1997

ECHR Judgment (Merits and Just Satisfaction) – Case of Mr Karatzalidis struck out of the list; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings. Citations: 20416/92, [1997] ECHR 16 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights … Continue reading Paskhalidis And Others v Greece 20416/92: ECHR 19 Mar 1997

Refah Partisi (The Welfare Party) and Others v Turkey: ECHR 13 Feb 2003

Hudoc No violation of Art. 11 ; Not necessary to examine under Arts. 9, 10, 14, 17 and 18 41340/98 ; 41342/98 ; 41343/98 ; 41344/98‘ . . ..the expression ‘prescribed by law’ requires first that the impugned measure should have a basis in domestic law. It also refers to the quality of the law … Continue reading Refah Partisi (The Welfare Party) and Others v Turkey: ECHR 13 Feb 2003

Regina (Ullah) v Special Adjudicator: Admn 16 Jul 2002

The appellant challenged an order denying him asylum and for his return to Pakistan. He said that his return would infringe his human rights be exposing him to denial of his rights to freedom of thought and religious belief. Held: The considerations under article 9 were the same as those already expounded by the court … Continue reading Regina (Ullah) v Special Adjudicator: Admn 16 Jul 2002

Clarke v Secretary of State for the Environment, Transport and the Regions and Another: QBD 9 Oct 2001

When assessing whether a gypsy should be granted planning permission to park his caravan on a site, the authority could not take into account the fact that he had earlier refused an offer of permanent housing, where acceptance of that offer would have been contrary to the applicant’s traditional way of life. The appellant and … Continue reading Clarke v Secretary of State for the Environment, Transport and the Regions and Another: QBD 9 Oct 2001

Gjini v Serbia: ECHR 15 Jan 2019

ECHR Judgment : Preliminary objection joined to merits and dismissed : Third Section Citations: 1128/16, [2019] ECHR 34 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.633642

Alinak v Turkey: ECHR 15 Jan 2019

ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 50868/08, [2019] ECHR 22 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.633608

Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010

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

Regina v Secretary of State for the Home Department, Ex parte Singh: QBD 8 Jun 1987

The Refugee Convention had ‘indirectly’ been incorporated under English law. The court considered whether a person allowed entry by an immigration officer was lawfully here irrespective of other considerations. As to the case of Musis in the Bugdaycay case: ‘Each of the present applicants had only been granted temporary admission and they required, but had … Continue reading Regina v Secretary of State for the Home Department, Ex parte Singh: QBD 8 Jun 1987

Regina v Secretary of State for Home Department ex parte Ian Simms and Michael Alan Mark O’Brien: QBD 19 Dec 1996

A full restriction on the use of material emanating from a prison visit was unlawful as an interference with the right of free speech of the prisoner: ‘The blanket prohibition on making use of material obtained in a visit is not, on the evidence before me, therefore justified as the minimum interference necessary with the … Continue reading Regina v Secretary of State for Home Department ex parte Ian Simms and Michael Alan Mark O’Brien: QBD 19 Dec 1996

Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017

Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the Secretary of State by the 1998 Act to act compatibly with the right to respect for … Continue reading Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017

HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017

This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC challenged the legality of the Regulations, contending that the denial of mainstream welfare and housing provision … Continue reading HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017

Karabas v Turkey: ECHR 21 Jul 2005

Citations: 52691/99, [2005] ECHR 512, [2005] ECHR 512 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.230676

Ayse Kilic -c- Turquie: ECHR 16 Oct 2003

Citations: 49164/99, [2003] ECHR 513, [2003] ECHR 513 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.213522

Pembe And Others v Turkey: ECHR 21 Jul 2005

Citations: 49398/99, [2005] ECHR 524, [2005] ECHR 524 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.230687

Nuvoli v Italie: ECHR 16 May 2002

Citations: 41424/98, [2002] ECHR 448, [2002] ECHR 452 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.213107

In Re B and T (care proceedings: legal representation): CA 2001

Thorpe LJ said: ‘The assertion by Mr Miss Booth that art 6 obliged the judge to discontinue on either 12 June or, if not then, on 14 June, seems to me to be an unrealistic submission. In this jurisdiction the proceedings are not adversarial proceedings. The judge always holds an inquisitorial responsibility, It is his … Continue reading In Re B and T (care proceedings: legal representation): CA 2001

X v United Kingdom: ECHR 3 Oct 1975

The applicant, a serving prisoner, complained that he had been excluded from voting in the referendum on the British membership of the EEC. Held: Article 10 does not guarantee a right to vote as such. Article 3 Protocol 1 : the obligations of the High Contracting Parties under this provision are limited to the field … Continue reading X v United Kingdom: ECHR 3 Oct 1975

Strohal v Austria: ECHR 7 Apr 1994

(Commission) ‘the right to freedom of expression by implication also guarantees a ‘negative right’ not to be compelled to express oneself, that is, to remain silent’. Inadmissible Judges: MM. A. WEITZEL, P Citations: 20871/92 Statutes: European Convention on Human Rights 10 Jurisdiction: Human Rights Cited by: Cited – Gillberg v Sweden ECHR 3-Apr-2012 (Grand Chamber) … Continue reading Strohal v Austria: ECHR 7 Apr 1994

Sinclair Collis Ltd v Lord Advocate: SCS 2012

The pursuer, a cigarette vending machine operator, challenged section 9 of the 2010 Act saying that the section was incompatible with its rights under article A1P1 of the Convention, and with article 34 of the Treaty on the Functioning of the European Union. Held: The claim failed. Citations: [2012] CSIH 80 Statutes: European Convention on … Continue reading Sinclair Collis Ltd v Lord Advocate: SCS 2012

Kaplan v United Kingdom: ECHR 14 Dec 1978

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

Sheffield and Horsham v The United Kingdom: ECHR 30 Jul 1998

It is within a nation’s margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was critical of the United Kingdom’s apparent failure to take any steps to keep this area … Continue reading Sheffield and Horsham v The United Kingdom: ECHR 30 Jul 1998

Albert And Le Compte v Belgium (Article 50): ECHR 24 Oct 1983

The applicants were Belgian nationals and medical practitioners. Dr Le Compte was suspended from practising medicine for two years for an offence against professional discipline. He appealed to the Appeals Council, alleging violations of Article 6. In his absence the Appeals Council rejected his case and substituted for the two year suspension a direction to … Continue reading Albert And Le Compte v Belgium (Article 50): ECHR 24 Oct 1983

Ringeisen v Austria: ECHR 22 Jun 1972

Hudoc Judgment (Just satisfaction) Pecuniary damage – financial award; Non-pecuniary damage – financial award. Citations: 2614/65, [1972] ECHR 2, [1972] ECHR 2 Links: orldlii, Bailii Statutes: European Convention on Human Rights 86 Jurisdiction: Human Rights Citing: See Also – Ringeisen v Austria ECHR 16-Jul-1971 The Austrian District and Regional Real Property Transactions Commission refused to … Continue reading Ringeisen v Austria: ECHR 22 Jun 1972

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

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

A National Health Service Trust v D: FD 19 Jul 2000

A young child was very severely ill, and his life threatened from his illness. His doctors together considered that further treatment was not in his interests. They sought an order that in the event of future respiratory of cardiac failure, they should be free not to resuscitate him. His parents asserted that this infringed the … Continue reading A National Health Service Trust v D: FD 19 Jul 2000