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Sciacca v Italy: ECHR 11 Jan 2005

The court was asked whether the applicant’s rights under Article 8 had been infringed by the release to the press of an identity photograph taken of her by the Italian Revenue Police while she was under arrest and investigation for various criminal offences. It was a ‘vertical’ application of Article 8. Revenue police compiled a … Continue reading Sciacca v Italy: ECHR 11 Jan 2005

Holland v Her Majesty’s Advocate (Devolution): PC 11 May 2005

The defendant appealed his convictions for robbery. He had been subject to a dock identification, and he complained that the prosecution had failed in its duties of disclosure. Held: The combination of several failings meant that the defendant had not received a fair trial, and the appeal was allowed. The practice of dock identification was … Continue reading Holland v Her Majesty’s Advocate (Devolution): PC 11 May 2005

Sinclair v Her Majesty’s Advocate: PC 11 May 2005

(Devolution) The defendant complained that the prosecutor had failed to disclose all the witness statements taken, which hid inconsistencies in their versions of events. Held: The appeal was allowed. It was fundamental to a fair trial that the parties have equality of arms, but in a criminal trial the rights were entirely in the defendant. … Continue reading Sinclair v Her Majesty’s Advocate: PC 11 May 2005

Guimon v France: ECHR 11 Apr 2019

ECHR Judgment : No Article 8 – Right to respect for private and family life : Fifth Section Citations: 48798/14, [2019] ECHR 291 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 June 2022; Ref: scu.636054

RO v United Kingdom: ECHR 11 May 1994

(Commission) The applicant complained that the court had refused to allow him to withdraw his plea of guilty: ‘It is in the first place for the domestic authorities to determine rules regulating procedural aspects of criminal proceedings, subject to the supervisory jurisdiction of the Convention organs in considering the fairness of proceedings (cf. the Commission’s … Continue reading RO v United Kingdom: ECHR 11 May 1994

Lallement v France: ECHR 11 Apr 2002

Citations: 46044/99, [2002] ECHR 413 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Cited by: See Also – Lallement v France ECHR 12-Jun-2003 . .See Also – Lallement v France ECHR 15-Sep-2010 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 21 June 2022; Ref: scu.213090

Platakou v Greece: ECHR 11 Jan 2001

Citations: 38460/97, [2001] ECHR 14, [2010] ECHR 2238 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Platakou v Greece ECHR 2-Dec-2010 Execution of the judgment of the European Court of Human Rights . . Lists of cited by and citing cases may be incomplete. Human Rights … Continue reading Platakou v Greece: ECHR 11 Jan 2001

Montanari v Italy: ECHR 11 Mar 2004

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings Citations: 61995/00, [2004] ECHR 117 Links: Worldlii, Bailii Statutes: European Convention … Continue reading Montanari v Italy: ECHR 11 Mar 2004

Mazgar v Russia: ECHR 11 May 2010

Citations: 21455/04, [2010] ECHR 863 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.418496

Kmetty v Hungary: ECHR 13 Dec 2011

Citations: [2011] ECHR 2401, 57967/00 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: SeeAlso – Kmetty v Hungary ECHR 16-Dec-2003 Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Non-pecuniary damage – financial award ; Costs and expenses award – Convention proceedings . . Lists of cited by and … Continue reading Kmetty v Hungary: ECHR 13 Dec 2011

European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 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

Regina (Sim) v Secretary of State for the Home Department: Admn 11 Feb 2003

The defendant had been convicted of a serious offence involving violece or sex, and been made subject to a extended sentence. He had been released on licence but recalled, and now challenged the system under which it had been decided that he should serve the balance of the first sentence. Held: The system of extended … Continue reading Regina (Sim) v Secretary of State for the Home Department: Admn 11 Feb 2003

Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003

PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence. Held: The legal adviser was not subject to the same system of appointments as the justices. However the system provided for a right of appeal (section 175) on questions … Continue reading Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003

Carpenter v Secretary of State for the Home Department: ECJ 11 Jul 2002

The applicant had come to England on a six month visitor’s visa. She then married an English national, but her visa was not extended. Held: The husband had business interests and activities throughout the community. The deportation of the applicant would have the effect of removing her support for him and restrict his ability to … Continue reading Carpenter v Secretary of State for the Home Department: ECJ 11 Jul 2002

Starrs and Chalmers and Bill of Advocattion for Procurator Fiscal, Linlithgow v Procurator Fiscal, Linlithgow and Hugh Latta Starrs and James Wilson Chalmers; Starrs v Ruxton, Ruxton v Starrs: ScHC 11 Nov 1999

The system in Scotland whereby lesser judges were appointed by the executive, for a year at a time, and could be discharged without explanation or challenge, meant that they could be seen not to be independent, and the system was a breach of the right to a fair trial by an independent judiciary. There was … Continue reading Starrs and Chalmers and Bill of Advocattion for Procurator Fiscal, Linlithgow v Procurator Fiscal, Linlithgow and Hugh Latta Starrs and James Wilson Chalmers; Starrs v Ruxton, Ruxton v Starrs: ScHC 11 Nov 1999

Knights and Another v Parole Board of England and Wales and Another: Admn 11 Feb 2015

These: ‘claims are about the detention of prisoners who were subject to sentences of imprisonment for public protection passed before 14 July 2008, when new statutory provisions governing indeterminate sentences came into force. The Claimants argue that their detention breaches article 5, in various different ways’ Judges: Elisabeth Laing DBE J Citations: [2015] EWHC 136 … Continue reading Knights and Another v Parole Board of England and Wales and Another: Admn 11 Feb 2015

Regina (H) v Criminal Injuries Compensation Authority: QBD 11 Nov 2002

The applicant claimed for damages having been injured. All the information requested by the Authority had been received, but the Authority unreasonably delayed settling the claim. The claimant sought damages under the Human Rights Act. Held: The correct approach would have been to seek an order requiring the Authority to make a decision within a … Continue reading Regina (H) v Criminal Injuries Compensation Authority: QBD 11 Nov 2002

Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: Admn 11 Mar 2010

The claimant challenged the defendant’s policies on caring for elderly people within the community saying that it provided insufficient funds, and the procedures for review were inadequate and infringed her human rights. Citations: [2010] EWHC 414 (Admin), (2010) 13 CCL Rep 227 Links: Bailii Statutes: Chronically Sick and Disabled Persons Act 1970 2(1), National Health … Continue reading Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: Admn 11 Mar 2010

EB v The United Kingdom: ECHR 28 Feb 2011

The claimant a Polish woman living in the UK with young children and pregnant complained that her extradion to Poland woud interfere with her childrens’ rights to family life. Citations: 63019/10, [2011] ECHR 445 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights, Extradition Updated: 26 May 2022; Ref: scu.430559

Mckeown v The United Kingdom: ECHR 11 Jan 2011

The applicant alleged that his trial for terrorism related offences was unfair because of the way the courts in Northern Ireland had approached the question of non-disclosure of prosecution papers to the defence on grounds of public interest immunity. Citations: [2011] ECHR 22 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: … Continue reading Mckeown v The United Kingdom: ECHR 11 Jan 2011