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Jain and another v The United Kingdom: ECHR 9 Mar 2010

The applicants ran a Registered Nursing Home. The health authority, having concerns about its elderly residents, brought an ex parte application under section 30 of the Registered Homes Act 1984 for an order cancelling the Certificate of Registration. The application was successful and the applicants’ Certificate of Registration was cancelled with immediate effect. The applicants … Continue reading Jain and another v The United Kingdom: ECHR 9 Mar 2010

Mackay and BBC Scotland v United Kingdom: ECHR 7 Dec 2010

Lech Garlicki, P [2010] ECHR 1968, (2011) 53 EHRR 19, 10734/05 Bailii European Convention on Human Rights Citing: See Also – Mackay and BBC Scotland v United Kingdom ECHR 17-Mar-2008 . . See Also – Mackay And BBC Scotland v United Kingdom ECHR 14-Oct-2009 . . Cited by: Cited – A v British Broadcasting Corporation … Continue reading Mackay and BBC Scotland v United Kingdom: ECHR 7 Dec 2010

Bellinger v Bellinger: HL 10 Apr 2003

Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003

DFT v TFD: QBD 27 Sep 2010

The court heard an application for an injunction to restrain publication of material relating to the claimant’s private and sexual life. Held: An injunction restraining publication and identification, but not an order restraining publication of the order itself was made. Sharp J said: ‘[Counsel for the Claimant] submits that looking at the matter from the … Continue reading DFT v TFD: QBD 27 Sep 2010

Armonas v Lithuania: ECHR 2 Dec 2010

[2010] ECHR 2229, 36919/02 Bailii European Convention on Human Rights Citing: See Also – Armonas v Lithuania ECHR 25-Nov-2008 The Court emphasised the duty of the press to impart information and ideas on matters of public interest, but noted that: ‘a fundamental distinction needs to be made between reporting facts – even if controversial – … Continue reading Armonas v Lithuania: ECHR 2 Dec 2010

F and Another, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Apr 2010

The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the absence of a review was incompatible with their article 8 rights. Held: The appeal failed. … Continue reading F and Another, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Apr 2010

Couderc And Hachette Filipacchi Associes v France: ECHR 10 Nov 2015

The Court said: ‘The Court has also emphasised on numerous occasions that, although the public has a right to be informed, and this is an essential right in a democratic society which, in certain special circumstances, can even extend to aspects of the private life of public figures, articles aimed solely at satisfying the curiosity … Continue reading Couderc And Hachette Filipacchi Associes v France: ECHR 10 Nov 2015

Clift v The United Kingdom: ECHR 13 Jul 2010

Mr Clift had been sentenced in England to a term of imprisonment of 18 years for crimes including attempted murder. The Parole Board recommended his release on licence once he had served half of his sentence. The Secretary of State rejected its recommendation. Had the recommendation been made in relation to a prisoner serving a … Continue reading Clift v The United Kingdom: ECHR 13 Jul 2010

PML Accounting Ltd v Revenue and Customs: FTTTx 10 Sep 2015

FTTTx PENALTIES – taxpayer information notice issued to alleged MSC Provider – compliance with information notice – reasonable excuse – whether notice related to tax position of MSC Provider or of its clients – whether third party notice should have been issued – validity of notice – rights of clients under Article 8 ECHR – … Continue reading PML Accounting Ltd v Revenue and Customs: FTTTx 10 Sep 2015

D, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Jul 2010

Application for judicial review of a decision by the Secretary of State to certify as clearly unfounded the claimant’s claim that his deportation to Jamaica would infringe his rights under Articles 3 and 8 of the European Convention on Human Rights. Nicol J [2010] EWHC 2110 (Admin) Bailii England and Wales Immigration, Human Rights Updated: … Continue reading D, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Jul 2010

Gillan and Quinton v The United Kingdom: ECHR 12 Jan 2010

The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed. Held: The powers given to the police were too wide, provided inadequate protection against abuse, and violated the … Continue reading Gillan and Quinton v The United Kingdom: ECHR 12 Jan 2010

Manchester City Council v Pinnock: SC 3 Nov 2010

The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010

Sikic v Croatia: ECHR 15 Jul 2010

9143/08, [2010] ECHR 1115 Bailii European Convention on Human Rights Human Rights Cited by: Cited – Hallam, Regina (on The Application of) v Secretary of State for Justice SC 30-Jan-2019 These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or … Continue reading Sikic v Croatia: ECHR 15 Jul 2010

In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others: SC 27 Jan 2010

Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the Supreme Court, applications were also now made to lift the anonymity orders. Held: The … Continue reading In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others: SC 27 Jan 2010

Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

Sophia Andreou v Turkey: ECHR 22 Jun 2010

Judgment (supplementary) Nicolas Bratza, P [2010] ECHR 962, 18360/91 Bailii European Convention on Human Rights 8 Human Rights Citing: See Also – Sophia Andreou v Turkey ECHR 27-Jan-2009 Judgment – the applicant’s heirs (her husband, her son and her daughter) had standing to continue the present proceedings in her stead, dismissed various preliminary objections raised … Continue reading Sophia Andreou v Turkey: ECHR 22 Jun 2010

Belane Nagy v Hungary: ECHR 10 Feb 2015

ECHR Article 1 para. 1 of Protocol No. 1 Peaceful enjoyment of possessions violation Facts – In 2001 the applicant was granted a disability pension, which was withdrawn in 2010 after her degree of disability was re-assessed at a lower level using a different methodology. She underwent further examinations in the following years and was … Continue reading Belane Nagy v Hungary: ECHR 10 Feb 2015

25 cases against Portugal: ECHR 4 Mar 2010

Execution of the judgment of the European Court of Human Rights – excessive length of judicial proceedings [2010] ECHR 568 Bailii European Convention on Human Rights Citing: See Also – Xenides-Arestis v Turkey ECHR 22-Dec-2005 The applicant alleged a continuing violation of Articles 8 of the Convention and 1 of Protocol No. 1, taken alone … Continue reading 25 cases against Portugal: ECHR 4 Mar 2010

Penchevi v Bulgaria: ECHR 10 Feb 2015

ECHR Article 8-1 Respect for family life violation Facts – The first applicant was the mother of the second applicant, a minor child. In 2010, following the breakdown of the first applicant’s marriage to the child’s father, the applicants left the matrimonial home in Bulgaria. The first applicant subsequently requested the father’s consent to allow … Continue reading Penchevi v Bulgaria: ECHR 10 Feb 2015

Parasca v The Republic of Moldova: ECHR 10 Feb 2015

ECHR The applicant alleged that his rights guaranteed by Article 6-1 of the Convention and Article 1 of Protocol No. 1 were disregarded due to the non-execution of an irrevocable judgment in its favor . Dragoljub Popovic, P 17986/09 – Committee Judgment, [2015] ECHR 156 Bailii European Convention on Human Rights Human Rights Updated: 27 … Continue reading Parasca v The Republic of Moldova: ECHR 10 Feb 2015

Colac v Romania: ECHR 10 Feb 2015

The applicant alleged, in particular, that his right to a fair trial guaranteed by Article 6 of the Convection had been breached because he had been unable to examine all the witnesses whose statements had served as the main basis for his conviction Josep Casadevall, P 26504/06 – Chamber Judgment, [2015] ECHR 153 Bailii European … Continue reading Colac v Romania: ECHR 10 Feb 2015

McHugh And Others v The United Kingdom: ECHR 10 Feb 2015

The applicants were all incarcerated at the relevant time following criminal convictions for a variety of offences. They were automatically prevented from voting, pursuant to primary legislation, in one or more of the following elections: elections to the European Parliament on 4 June 2009; the parliamentary election on 6 May 2010; and elections to the … Continue reading McHugh And Others v The United Kingdom: ECHR 10 Feb 2015

Dimitrova v Bulgaria: ECHR 10 Feb 2015

The applicant complained under Articles 8, 9 and 11 of the Convention that measures taken against her by the police breached her rights to respect for private life and freedom of religion and assembly; she also complained under Article 13 of the Convention that she had no effective domestic remedies in relation to the complaints … Continue reading Dimitrova v Bulgaria: ECHR 10 Feb 2015

Stoll v Switzerland: ECHR 10 Dec 2007

Grand Chamber – The applicant alleged that his conviction for publishing ‘secret official deliberations’ had been contrary to Article 10 of the Convention. Held: The court acknowledged a legitimate interest on the part of the state in punishing an unauthorised disclosure by the press of tendentiously selected parts of a confidential diplomatic memorandum which admittedly … Continue reading Stoll v Switzerland: ECHR 10 Dec 2007

Brantom International Srl And Others v The Republic of Moldova: ECHR 10 Feb 2015

The applicants alleged that their rights under Article 6 – 1 of the Convention and Article 1 of Protocol No. 1 have been infringed as a result of the cancellation of an irrevocable judgment in their favor. Dragoljub Popovic, P 42572/09 – Committee Judgment, [2015] ECHR 154 Bailii European Convention on Human Rights Human Rights … Continue reading Brantom International Srl And Others v The Republic of Moldova: ECHR 10 Feb 2015

Cojocaru v Romania: ECHR 10 Feb 2015

The applicant alleged that his right to freedom of expression had been infringed by the criminal courts, which had convicted him of defamation for an article he had written about the local mayor’s activities. Josep Casadevall, P 32104/06 – Chamber Judgment, [2015] ECHR 148 Bailii European Convention on Human Rights 10 Human Rights Updated: 27 … Continue reading Cojocaru v Romania: ECHR 10 Feb 2015

Axel Springer Ag v Germany (No 2): ECHR 10 Jul 2014

ECHR Article 10-1 Freedom of expression Injunction against newspaper restraining further publication of article concerning former head of government: violation Facts – The applicant was the limited company Axel Springer AG. Among other activities, it was the publisher of the mass-circulation daily newspaper Bild. The German Chancellor Gerhard Schroder, in power since 1998, had lost … Continue reading Axel Springer Ag v Germany (No 2): ECHR 10 Jul 2014

Venema v The Netherlands: ECHR 4 Mar 2010

Execution of judgment [2010] ECHR 517 Bailii European Convention on Human Rights Citing: Judgment – Venema v The Netherlands ECHR 17-Dec-2002 A young child aged 11 months was separated from her mother because of fears that the mother was suffering from Munchausen syndrome by proxy and would injure her. The child was returned five months … Continue reading Venema v The Netherlands: ECHR 4 Mar 2010

Tanda-Muzinga v France: ECHR 10 Jul 2014

ECHR Article 8 Positive obligations Article 8-1 Respect for family life Delays and lack of transparency in family reunification proceedings: violation Facts – In the year 2000 the applicant, a Congolese national, was granted refugee status under the mandate of the Office of the United Nations High Commissioner for Refugees in Cameroon (UNHCR Cameroon). According … Continue reading Tanda-Muzinga v France: ECHR 10 Jul 2014

McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: CA 13 Oct 2010

The claimant said that the wihdrawal of overnight support to her at home was unlawful. Held: The claim failed. Her requirement was a need to urinate safely at night, which was satisfied by the new arrangement. Rix, Wilson LJJ, Sir David Keene [2010] EWCA Civ 1109, (2010) 13 CCL Rep 664, [2011] ACD 40 Bailii … Continue reading McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: CA 13 Oct 2010

Statileo v Croatia: ECHR 10 Jul 2014

ECHR Article 1 para. 2 of Protocol No. 1 Control of the use of property Obligation under protected tenancy legislation for landlord to let property for indefinite period without adequate rent: violation Facts – The applicant owned a 66 square metre flat in Split occupied by a tenant who had been granted a specially protected … Continue reading Statileo v Croatia: ECHR 10 Jul 2014

Tinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom: ECHR 10 Jul 1998

Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be compatible with Article 6(1) if it does not pursue a legitimate aim and if there is not … Continue reading Tinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom: ECHR 10 Jul 1998

Lemo And Others v Croatia: ECHR 10 Jul 2014

3925/10 – Committee Judgment, [2014] ECHR 755 Bailii European Convention on Human Rights Human Rights Cited by: Cited – McDonald v McDonald and Others SC 15-Jun-2016 Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were … Continue reading Lemo And Others v Croatia: ECHR 10 Jul 2014