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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

Lee v Leeds City Council; Ratcliffe and Others v Sandwell Metropolitan Borough Council: CA 21 Jan 2002

The claimants were tenants who sought damages from their local authority landlords, for failing to remedy defects such as mould, mildew, and condensation in the dwellings let to them. The defects were a result of the design of the building. They asked the court to revisit the law settled in the Quick case in the … Continue reading Lee v Leeds City Council; Ratcliffe and Others v Sandwell Metropolitan Borough Council: CA 21 Jan 2002

A and B v Persons Unknown: ChD 19 Dec 2016

Adults who were convicted of very serious crimes, whilst they were children, sought a permanent order restraining the press and all other persons from publishing their names or identities. The order is sought on the grounds that, if it is not made, there would be a very serious risk to their rights under articles 2, … Continue reading A and B v Persons Unknown: ChD 19 Dec 2016

Secretary of State for Justice v Staffordshire County Council and Another: CA 22 Dec 2016

‘The issue in this case is whether, in order for the United Kingdom to avoid being in breach of Article 5(1) of the European Convention on Human Rights (‘the Convention’), it is necessary for a welfare order to be made by the Court of Protection (‘the CoP’) pursuant to the Mental Capacity Act 2005 (‘the … Continue reading Secretary of State for Justice v Staffordshire County Council and Another: CA 22 Dec 2016

Paposhvili v Belgium: ECHR 13 Dec 2016

41738/10 (Judgment (Merits and Just Satisfaction) : Court (Grand Chamber)), [2016] ECHR 1113 Bailii European Convention on Human Rights Human Rights Citing: See Also – Paposhvili v Belgium ECHR 17-Apr-2014 . . Cited by: Not applicable – EA and Others (Article 3 Medical Cases – Paposhvili Not Applicable : Afghanistan) UTIAC 7-Aug-2017 The test in … Continue reading Paposhvili v Belgium: ECHR 13 Dec 2016

Pwr and Others v Director of Public Prosecutions: Admn 3 Apr 2020

Lord Justice Holroyde Mr Justice Swift [2020] EWHC 798 (Admin), [2020] Crim LR 731, [2020] WLR(D) 217, [2020] 2 Cr App R 11, [2020] 1 WLR 3623 Bailii, WLRD Terrorism Act 2000 13(1), European Convention on Human Rights, Human Rights Act 1998 England and Wales Cited by: Appeal from – Pwr v Director of Public … Continue reading Pwr and Others v Director of Public Prosecutions: Admn 3 Apr 2020

Pwr v Director of Public Prosecutions: SC 26 Jan 2022

The appellants carried a flag of the Kurdistan Workers Party, a proscribed organisation at a demonstration, and were convicted of a section 13(1) offence. The Crown Court dismissed their appeals, holding that section 13(1) created an offence of strict liability meaning that the offence did not require knowledge of the import of the article displayed, … Continue reading Pwr v Director of Public Prosecutions: SC 26 Jan 2022

Tymoshenko v Ukraine: ECHR 3 Jul 2012

[2012] ECHR 1200 Bailii European Convention on Human Rights Human Rights Citing: See Also – Tymoshenko v Ukraine ECHR 31-May-2012 . . Cited by: See Also – Tymoshenko v Ukraine (Legal Summary) ECHR 30-Apr-2013 ECHR Article 5-1 Lawful arrest or detention Pre-trial detention for allegedly contemptuous behaviour to trial court: violation Article 18 Restrictions for … Continue reading Tymoshenko v Ukraine: ECHR 3 Jul 2012

Guerrera and Fusco v Italy: ECHR 31 Jul 2003

[2003] ECHR 422, 40601/98 Worldlii, Bailii European Convention on Human Rights Human Rights Citing: See Also – Guerrera and Fusco v Italy ECHR 3-Apr-2003 ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (victim) ; Violation of Art. 6-1 ; No violation of P1-1; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award … Continue reading Guerrera and Fusco v Italy: ECHR 31 Jul 2003

The Portman Estate Nominees (One) Ltd and Another v Starlight Headlease Ltd: UTLC 1 Nov 2016

UTLC LEASEHOLD ENFRANCHISEMENT – intermediate leasehold interest – flat and parking space held on separate leases and intermediate leases – division of landlord’s share of marriage value – para. 10(2), Sch 13, Leasehold Reform, Housing and Urban Development Act 1993 – s. 3, Human Rights Act 1998 – Art. 1 of the First Protocol to … Continue reading The Portman Estate Nominees (One) Ltd and Another v Starlight Headlease Ltd: UTLC 1 Nov 2016

Mosley v News Group Newspapers Ltd: QBD 9 Apr 2008

The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website. Held: A claimant’s Article 8 rights may be engaged even where the information in question has been previously publicised. Eady J [2008] EWHC 687 (QB) Bailii European Convention on Human Rights 8 England and Wales Cited … Continue reading Mosley v News Group Newspapers Ltd: QBD 9 Apr 2008