Search Results for: European Convention on Human Rights 12 14

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Ferrazzini v Italy: ECHR 12 Jul 2001

(Grand Chamber) The court had to decide whether tax proceedings brought by the state against an individual involved the determination of a civil right within the meaning of article 6(1). It was argued by the Government that the existence of an individual’s tax obligation to pay tax belonged exclusively to the realm of public law … Continue reading Ferrazzini v Italy: ECHR 12 Jul 2001

Austrianu v Romania: ECHR 12 Feb 2013

ECHR Article 9-1Manifest religion or beliefConfiscation of cassette player used by prisoner to listen to religious tapes: inadmissibleFacts – The applicant, who was of Baptist confession, was serving a lengthy prison sentence. After reacting to the confiscation of a small radio-cassette player he had received after obtaining good results on a ‘Christian moral education’ programme, … Continue reading Austrianu v Romania: ECHR 12 Feb 2013

Keena And Kennedy v Ireland (Dec): ECHR 30 Sep 2014

ECHR Article 10-1 Freedom to impart information Freedom to receive information Award of costs against journalists for destroying evidence in order to protect their sources: inadmissible Facts – The first applicant was a correspondent on and the second applicant the editor of the Irish Times. In 2006 the newspaper published an article containing references to … Continue reading Keena And Kennedy v Ireland (Dec): ECHR 30 Sep 2014

Identoba And Others v Georgia: ECHR 12 May 2015

ECHR Article 3 Positive obligations State’s failure to protect demonstrators from homophobic violence: violation Article 14 Discrimination State’s failure to investigate homophobic motives behind violence during demonstration: violation Facts – The applicants were a non-governmental organisation set up to promote and protect the rights of LGBT people in Georgia, and 14 individuals. On 17 May … Continue reading Identoba And Others v Georgia: ECHR 12 May 2015

O’Connor v Bar Standards Board: QBD 18 Dec 2014

Appeal against an order of Deputy Master Eyre by which he struck out the appellant’s statements of case and dismissed the action with judgment for the defendant with costs. The claimant said that the procedures adopted by the Board in disciplinary proceedings had (inter alia) infringed her human rights. She had eventually been cleared of … Continue reading O’Connor v Bar Standards Board: QBD 18 Dec 2014

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Another: IPT 12 Feb 2016

‘hearing in respect of the claim by Privacy International, the well known NGO, and seven internet service providers, of which Greennet Limited carries on operations in this country and the other Claimants have customers in this country, though their main operations are based abroad. The hearing has been of preliminary issues of law, whose purpose … Continue reading Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Another: IPT 12 Feb 2016

Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret Intelligence Service (and similarly also known as MI6) and the Government Communications Headquarters. Judges: Burton J P Citations: [2014] … Continue reading Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

Ibrahim Gurkan v Turkey: ECHR 3 Jul 2012

Citations: 10987/10 (Judgment (Merits and Just Satisfaction)), [2012] ECHR 1367 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Ibrahim Gurkan v Turkey (CLIN) ECHR 3-Jul-2012 ECHR Article 6 Criminal proceedings Article 6-1 Impartial tribunal Independent tribunal Participation of serving military officer in military criminal court: violation Facts – . … Continue reading Ibrahim Gurkan v Turkey: ECHR 3 Jul 2012

Falter Zeitschriften Gmbh v Austria (No 2) (1707): ECHR 18 Sep 2012

Citations: 3084/07 – HEJUD, [2012] ECHR 1707 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Falter Zeitschriften Gmbh v Austria (No 2) (2044) ECHR 18-Sep-2012 ECHR Article 10-1 Freedom of expression Publication of untrue statements concerning alleged judicial bias: no violation Facts – In May 2005 a … Continue reading Falter Zeitschriften Gmbh v Austria (No 2) (1707): ECHR 18 Sep 2012

Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012

The prisoners appealed saying that the whole life terms set on the imposition of a life sentence for murder were a breach of their human rights. Held: The continued detention of three defendants who had been made subject to a whole life tariff did not violate Article 3 because the ‘requirements of punishment and deterrence … Continue reading Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012

Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

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

V, Regina (on The Application of) v Commissioner of Police for The City of London: Admn 14 Nov 2012

The claimant complains about the police’s continued retention of information relating to him on the Police National Computer, retention which is said to be in breach of his rights under Article 8 of the European Convention on Human Rights. Judges: Richards LJ, Ouseley J Citations: [2012] EWHC 3430 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading V, Regina (on The Application of) v Commissioner of Police for The City of London: Admn 14 Nov 2012

Egmez v Cyprus (Dec): ECHR 18 Sep 2012

ECHR Article 35-3 Ratione materiae Complaint relating to implementation of previous European Court judgment and raising no new facts: inadmissible Facts – In a judgment of 21 December 2000,* the Court found that the applicant in the present case had been ill-treated contrary to Article 3, and that there had been a breach of Article … Continue reading Egmez v Cyprus (Dec): ECHR 18 Sep 2012

O’Neill v The United Kingdom: ECHR 13 Nov 2012

Citations: 41516/10 – HECOM, [2012] ECHR 1995 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Lauchlan and Another v HM Advocate HCJ 5-Jun-2009 The appellants were charged with murder. They appealed against an extension of time given to allow the prosecution to proceed. Held: The appeal failed. . … Continue reading O’Neill v The United Kingdom: ECHR 13 Nov 2012

Koch v Germany: ECHR 19 Jul 2012

Article 8-1 Respect for private life Refusal by the German courts to examine the merits of an application by a man whose wife had just committed suicide in Switzerland after having attempted unsuccessfully to obtain authorisation to purchase a lethal substance in Germany: violation Facts – In 2004 the applicant’s wife, who was suffering from … Continue reading Koch v Germany: ECHR 19 Jul 2012

Al Nashiri v Poland: ECHR 10 Jul 2012

ECHR Article 3 Torture Alleged complicity in practice of rendition of persons to secret detention sites at which illegal interrogation methods were employed: communicated Effective investigation Alleged failure to acknowledge and investigate details of ill-treatment and enforced disappearance: communicated [This summary also covers the communicated case of Al Nashiri v. Romania, no. 33234/12.] The applicant, … Continue reading Al Nashiri v Poland: ECHR 10 Jul 2012

Brewster, Re Judicial Review: QBNI 9 Nov 2012

The applicant challenged the decision of the respondent Northern Ireland Local Government Officers’ Superannuation Committee (‘NILGOSC’) made on 1 July 2011, by which it declined to pay a survivor’s pension to the applicant following the death of her co-habiting partner. She argued that the absolute requirement of nomination imposed on unmarried partners as a condition … Continue reading Brewster, Re Judicial Review: QBNI 9 Nov 2012

Gaughran, Re Judicial Review: QBNI 13 Nov 2012

The claimant sought judicial review of the refusal by the Police Service of Northern Ireland to remove records of his fingerprint, a photograph and DNA sample and profiles which had been collected when he was stopped on suspicion of driving wih excess alcohol. Though later convicted, he said that the retention of these items was … Continue reading Gaughran, Re Judicial Review: QBNI 13 Nov 2012

Ali v The United Kingdom: ECHR 7 Nov 2012

The applicant had sought and been accepted for emergency housing assistance, but having refused the accomodation offered, and the Authority said that it had fulfilled its duty to her. Citations: 40378/10 – HECOM, [2012] ECHR 1969 Links: Bailii Statutes: European Convention on Human Rights Citing: Cited – Tsfayo v The United Kingdom ECHR 14-Nov-2006 The … Continue reading Ali v The United Kingdom: ECHR 7 Nov 2012

Re Erskine 1948 Trust: ChD 29 Mar 2012

The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012

Telegraaf Media Nederland Landelijke Media Bv And Others v The Netherlands: ECHR 22 Nov 2012

The ECtHR considered that, in cases of the targeted surveillance of journalists in order to discover their sources, prior review by an independent body with the power to prevent or terminate it was necessary. The point that the confidentiality of journalistic sources cannot be restored once it is destroyed. Citations: 39315/06 – HEJUD, [2012] ECHR … Continue reading Telegraaf Media Nederland Landelijke Media Bv And Others v The Netherlands: ECHR 22 Nov 2012

BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: CA 19 Nov 2012

The Secretary of State wished to deport the applicant on the basis of his suspected involvement in acts of terrorism. An order for his deportation had been revoked by the respondent, but he had remained on very stringent bail conditions, since 2007. Held: The case failed on the article 6 issue because (i) the decision … Continue reading BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: CA 19 Nov 2012

Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, Slovenia And The Former Yugoslav Republic Of Macedonia: ECHR 6 Nov 2012

Citations: 60642/08 – HEJUD, [2012] ECHR 1880 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Emina Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, Slovenia And The Former Yugoslav Republic Of Macedonia ECHR 17-Oct-2011 . . Cited by: See Also – Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, … Continue reading Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, Slovenia And The Former Yugoslav Republic Of Macedonia: ECHR 6 Nov 2012

Kent County Council, Regina (on The Application of) v HM Coroner for The County of Kent (North-West District) and Others: Admn 15 Oct 2012

The council sought review of the coroner’s decision that the inquest would be an article 2 inquest and with a jury. The deceased was 14 years old and had taken methadone. In the months before his death, he had had involvement with the council’s social services department, and he had been assessed to be at … Continue reading Kent County Council, Regina (on The Application of) v HM Coroner for The County of Kent (North-West District) and Others: Admn 15 Oct 2012

Buckland v The United Kingdom: ECHR 18 Sep 2012

The applicant alleged that the Court of Appeal’s decision to dismiss her appeal and uphold the judgment making a possession order constituted an unjustified breach of her right to respect for her home and her family life and discriminated against her, in violation of Article 8 taken alone and in conjunction with Article 14. Held: … Continue reading Buckland v The United Kingdom: ECHR 18 Sep 2012

Shapovalov v Ukraine: ECHR 31 Jul 2012

The claimant, a Ukrainian journalist said that he had (contrary to the Ukranian Information Act 1992) been refused access by administrative authorities during the 2004 elections to certain information and meetings. He relied on article 6 because the Ukrainian courts had wrongly failed on procedural grounds to consider the merits of his complaints. Held: The … Continue reading Shapovalov v Ukraine: ECHR 31 Jul 2012

Stefanetti And Others v Italy: ECHR 15 Apr 2014

Article 1 of Protocol No. 1 Article 1 para. 1 of Protocol No. 1 Peaceful enjoyment of possessions Loss of two-thirds of old-age pension as a result of introduction of legislation effectively deciding outcome of pending litigation against the State: violation Article 6 Civil proceedings Article 6-1 Fair hearing Introduction of legislation effectively deciding outcome … Continue reading Stefanetti And Others v Italy: ECHR 15 Apr 2014

Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: Admn 4 Sep 2012

It was said that a squad of the British army had caused the deaths of 24 civilians in 1948 in Batang Kali (now part of Malaysia. Held: No inquiry was required. It was a matter of discretion, and there were no sustainable reasons for overturning the decisions of the respondents. Judges: Sir John Thomas P, … Continue reading Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: Admn 4 Sep 2012

Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012

The claimants sought judicial review of schemes which they said appeared to require them to work for free in order to claim Jobseekers Allowance. Held: Judicial review was granted. There had been a breach of regulation 4(2) of the 2011 Regulations, because the Secretary of State had breached regulation 4(2), by the failure to provide … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012

Vintman v Ukraine: ECHR 3 Jul 2012

Citations: 28403/05 (Communicated Case), [2012] ECHR 1223 Links: Bailii Statutes: European Convention on Human Rights Cited by: Communicated Decision – Vintman v Ukraine ECHR 23-Oct-2014 Article 8 Article 8-1 Respect for family life Refusal to transfer prisoner to a prison nearer home so that he could receive visits from his elderly mother: violation Facts – … Continue reading Vintman v Ukraine: ECHR 3 Jul 2012

Razvyazkin v Russia: ECHR 3 Jul 2012

The Court discussed proportionality in respect of the solitary confinement of a prisoner under Article 8: ‘Given that solitary confinement is a serious restriction of a prisoner’s rights which involves inherent risks to the prisoner, the level of actual or potential harm must be at least equally serious and uniquely capable of being addressed by … Continue reading Razvyazkin v Russia: ECHR 3 Jul 2012

Ashlarba v Georgia: ECHR 3 Jul 2012

Citations: 45554/08 (Communicated Case), [2012] ECHR 1204 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Ashlarba v Georgia ECHR 15-Jul-2014 ECHR Article 7-1 Nullum crimen sine lege Use of undefined colloquial expression in definition of criminal offence: no violation Facts – In 2005 the Georgian legislature created a series of … Continue reading Ashlarba v Georgia: ECHR 3 Jul 2012

F-K, Regina (on The Application of) v Polish Judicial Authority: Admn 19 Jan 2012

The defendant sought to resist the European Arrest Warrant, saying that her extradition would breach her and her family’s human right to a family life. Since fleeing Poland, she had lived in the UK and now had young children attanding school. Judges: Ouseley J Citations: [2012] EWHC 25 (Admin) Links: Bailii Statutes: Extradition Act 2003 … Continue reading F-K, Regina (on The Application of) v Polish Judicial Authority: Admn 19 Jan 2012

Scoppola v Italy (No 3): ECHR 22 May 2012

(Grand Chamber) A prisoner serving a sentence of 30 years imprisonment for murder, attempted murder and other offences object to his disenfranchisement under Italian law. Citations: 126/05, [2012] ECHR 868 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Scoppola v Italy (No 3) ECHR 18-Jan-2011 (referral to the … Continue reading Scoppola v Italy (No 3): ECHR 22 May 2012

Baka v Hungary: ECHR 27 May 2014

ECHR Article 6 Civil proceedings Article 6-1 Access to court Inability of Supreme Court President to contest premature termination of his mandate: violation Article 10 Article 10-1 Freedom of expression Premature termination of Supreme Court President’s mandate as a result of views expressed publicly in his professional capacity: violation Facts – The applicant, a former … Continue reading Baka v Hungary: ECHR 27 May 2014

Harkins and Edwards v The United Kingdom: ECHR 17 Jan 2012

Each defendant objected to their proposed extradition to the US, saying that if extradited and convicted they would face the possibility of a death sentence or of a life sentence without the possibility of parole, each being incompatible with Article 3. Held: No distinction could be drawn in principle between the assessment of the minimum … Continue reading Harkins and Edwards v The United Kingdom: ECHR 17 Jan 2012

Burnip v Birmingham City Council and Another: CA 15 May 2012

The court considered an allegation of discrimination in the application of housing benefit for a disabled person. Held: The claimants had established a prima facie case of discrimination under Article 14 of the ECHR, and that the Secretary of State had failed to establish objective and reasonable justification for the discriminatory effect of the statutory … Continue reading Burnip v Birmingham City Council and Another: CA 15 May 2012

A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 2014

X suffered both severe anorexia and alcoholism. She had in the past been repeatedly and compulsorily admitted to hospital for treatment, but her doctors considered that whilst this might be life extending treatment it had proved ineffective and unethical. They sought a declaration that they may not be obliged to offer the treatment again. The … Continue reading A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 2014