(Admissibility – Commission) The claimant, a United States national, said that the proceedings for his extradition from the United Kingdom to the United States infringed article 6(3)(d), because he was not permitted to cross-examine the witnesses against him in the United Kingdom. Held: Although ‘the tasks of the Magistrates’ Court included the assessment of whether … Continue reading Kirkwood v The United Kingdom: ECHR 12 Mar 1984
Judges: Sedley, Longmore, Maurice Kay LJJ Citations: [2009] EWCA Civ 620, [2009] INLR 514, [2010] Imm AR 132, C5/2008/1706, C5/2009/0251 Links: Bailii Statutes: European Convention on Human Rights 2 3, Directive 2004/83/EC Jurisdiction: England and Wales Citing: Examined – Elgafaji and Elgafaji v Staatssecretaris van Justitie ECJ 17-Feb-2009 Europa (Grand Chamber) Directive 2004/83/EC – Minimum … Continue reading QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009
Citations: 18345/03, [2007] ECHR 1129 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.263441
The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey. Held: The concept of ‘persecution’ was central. It is necessary to investigate whether the treatment which the applicants reasonably fear would infringe a recognised human right. … Continue reading Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee Citations: 35839/13, [2022] ECHR 928 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682634
ECHR Judgment : No Article 5 – Right to liberty and security : Fifth Section Citations: 56425/18, [2022] ECHR 983 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682630
Citations: 43374/02, [2010] ECHR 1583 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 December 2022; Ref: scu.425448
Allegation of delayed justice Citations: 45835/99, [2003] ECHR 66 Links: Woldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 December 2022; Ref: scu.213328
ECHR Judgment : Right to liberty and security : Fourth Section Committee ECHR Judgment : Right to liberty and security : Fourth Section Committee Citations: 46783/14, [2020] ECHR 417, [2020] ECHR 434 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.651329
Judges: Holman J Citations: [2007] EWHC 1028 (Admin), (2007) 10 CCL Rep 464, [2007] 1 WLR 2239 Links: Bailii Statutes: European Convention on Human Rights 5, Mental Health Act 1983 75(1) Jurisdiction: England and Wales Human Rights, Health Updated: 07 December 2022; Ref: scu.252401
Test for need for police protection The court considered the duties of the police to protect the applicants. Held: The search for a phrase which encapsulates a threshold of risk which engages article 2 is a search for a chimera. The degree of risk described as ‘real and immediate’ in Osman . . as used … Continue reading Regina v Chief Constable of Norfolk, ex parte DF: Admn 2002
Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have been imposed on the applicants (warning, censure and reprimand . .), the suspension of which they complained undoubtedly constituted a direct and … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981
ECHR Judgment : Prohibition of torture : Fifth Section Citations: 15343/15, [2020] ECHR 383 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651304
ECHR Judgment : Prohibition of torture : Fifth Section Committee Citations: 25837/18, [2020] ECHR 392 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651316
ECHR Judgment : Right to life : Fourth Section Citations: 48395/16, [2020] ECHR 317 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.650995
Citations: 44283/06 – Chamber Judgment, [2013] ECHR 401 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 December 2022; Ref: scu.491941
ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee Citations: 12283/14, [2022] ECHR 989 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682613
Citations: [2022] NIQB 42 Links: Bailii Statutes: Rehabilitation of Offenders (Northern Ireland) Order 1978 6(1), European Convention on Human Rights 8 Jurisdiction: Northern Ireland Human Rights, Damages Updated: 05 December 2022; Ref: scu.683448
ECHR Judgment : Right to a fair trial : Second Section Citations: 54839/17, [2020] ECHR 302 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.651021
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 58364/10, [2020] ECHR 359 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650988
ECHR Judgment : Right to a fair trial : Fifth Section Committee Citations: 38262/10, [2020] ECHR 294 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650983
The applicant had had his premises searched. He sought to challenge the basis on which search warrant had been granted. He argued that under the Convention, it was necessary for the magistrates to provide a written record of the reasons for granting the warrant. Held: Where the information laid was itself sufficient to account for … Continue reading Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002
(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his rejection had been based. Held: The complaints were manifestly unfounded. As to Article 8: ‘In … Continue reading Esbester v United Kingdom: ECHR 2 Apr 1993
ECHR Judgment : Right to respect for private and family life : Fifth Section Citations: 35283/14, [2020] ECHR 307 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651014
Citations: 33954/05 – Chamber Judgment, [2013] ECHR 1207 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.518834
ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings 65665/01 ; 71879/01 ; 72861/01 Citations: 71879/01, 65665/01, [2004] ECHR 82, [2004] ECHR 83, 72861/01 … Continue reading Schluga v Austria: ECHR 19 Feb 2004
The claimant, who suffered Down’s Syndrome, complained that the 1967 Act as amended unlawfully discriminated against her and those like her. Judges: Lord Justice Underhill (Vice-President of the Court of Appeal (Civil Division)) Lady Justice Thirlwall And Lord Justice Peter Jackson Citations: [2022] EWCA Civ 1559 Links: Bailii, Judiciary, Judiciary Summary Statutes: Abortion Act 1967 … Continue reading Crowter and Another, Rex (on The Application of) v The Secretary of State for Health and Social Care: CA 25 Nov 2022
Whether extradition to allow prosecution for theft of 80 pounds in 2003 was proportionate. Judges: Mr Justice Julian Knowles Citations: [2022] EWHC 2913 (Admin) Links: Bailii Statutes: ECHR European Convention on Human Rights 8 Jurisdiction: England and Wales Extradition, Human Rights Updated: 30 November 2022; Ref: scu.683566
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017
The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
ECHR Judgment : Violation of Article 6+6-3-c – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Fair hearing Article 6 Citations: 5217/06, [2017] ECHR 589 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607683
ECHR Judgment : No violation of Article 3 – Prohibition of torture Article 3 – Torture Substantive aspect Violation of Article 3 Citations: 38305/07, [2017] ECHR 538 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607641
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-4 – Speediness of review Violation of Article 5 Citations: 61513/14, [2017] ECHR 583 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607665
Citations: 45783/05, [2010] ECHR 1567 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.425462
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003
Citations: 18831/02, [2006] ECHR 1006 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.246880
The patient had been detained under the Act and was incapable of making an application for her freedom. Held: There was a duty on the state to ensure that mechanisms were made available to a patient to apply to review her continued detention where she was herself incompetent to make such an application. Having been … Continue reading MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004
Citations: 47683/08, [2009] ECHR 437 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 November 2022; Ref: scu.317932
Citations: 26839/05, [2008] ECHR 1575 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Kennedy v United Kingdom ECHR 18-May-2010 The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a … Continue reading Kennedy v United Kingdom: ECHR 20 Nov 2008
Citations: 33819/02, [2005] ECHR 83 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 November 2022; Ref: scu.277212
The applicant challenged regulations brought in by the respondent providing for foreigners suspected of terrorism to be detained where a British national suspect would not have been detained. The respondent had issued a derogation from the Convention for this purpose. Held: The people detained were those who could not be returned to their own country … Continue reading A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002
ECHR Judgment : Right to liberty and security : Fifth Section Citations: 58717/10, [2020] ECHR 161 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649683
ECHR Judgment : Prohibition of torture : Fourth Section Citations: 68377/17, [2020] ECHR 177 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649653
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee ECHR Judgment : Non-pecuniary damage – award : Third Section Committee Citations: 43301/07, [2018] ECHR 981, [2020] ECHR 640 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631283
Whether certain provisions of the Diplomatic Privileges Act 1964 (DPA) and the Vienna Convention on Diplomatic Relations 1961 (VCDR) are incompatible with article 3 of the European Convention on Human Rights and Fundamental Freedoms (ECHR) which provides that ‘[n]o one shall be subjected to torture or to inhuman or degrading treatment or punishment’ (article 3). … Continue reading Re AG (A Child): CA 18 Nov 2022
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 73783/11, [2020] ECHR 230 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649719
Citations: 51198/08 – Chamber Judgment, [2013] ECHR 374 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 17 November 2022; Ref: scu.472983
Citations: 18372/10 – Chamber Judgment (French Text), [2013] ECHR 357 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 17 November 2022; Ref: scu.472708
The court was asked as to important issues as the approach of both planning decision-makers and the court to proportionality in circumstances in which a planning decision engages the right to respect for family life under article 8 of the European Convention on Human Rights, and in particular involves the rights of children. Judges: Hickinbottom … Continue reading Stevens v Secretary of State for Communities and Local Government and Another: Admn 10 Apr 2013
ECHR Positive obligationsArticle 2-1LifeEffective investigationFailure to establish responsibility of senior officers for conscript’s suicide following incident of hazing: violationFacts – In April 1999 the applicant’s son, who was performing mandatory military service at the time, was found dead, with gunshot wounds to his head, about six hundred metres from his post. A criminal investigation which … Continue reading Mosendz v Ukraine: ECHR 17 Jan 2013
The appellant a foreign national, had been convicted of very serious sex offences, and as his sentence came to an end was ordered to be deported. He appealed saying this infringed his right to a family life. Held: The court had to balance the public revulsion at his crimes with the need for compassion. The … Continue reading N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004
ECHR Judgment : Article 2 – Right to life : Third Section Committee Citations: 53284/13, [2020] ECHR 224 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.649783
The applicant said that his proposed deportation to Ethiopia would infringe his article 3 rights, and in particular whether SIAC was entitled to conclude that assurances given by the Ethiopian Government were a satisfactory safeguard, even though not all the arrangements for monitoring fulfilment of those assurances were in place. Judges: Jackson, Elias, Treacy LJJ … Continue reading J1 v Secretary of State for The Home Department: CA 27 Mar 2013
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
Citations: 35659/02 – HEJUD (French Text), [2013] ECHR 183 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471338
Citations: 2834/06 – HEJUD, [2013] ECHR 153 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471035
Citations: 19293/08, [2010] ECHR 1183 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.421130
The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003
ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 33683/08, [2018] ECHR 1007 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631292
ECHR Judgment : Article 3 – Prohibition of torture : First Section Citations: 48327/09, [2018] ECHR 962 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631236
ECHR Article 5 Article 5-4 Review of lawfulness of detention Supreme Court decision declaring appeal inadmissible but nevertheless addressing the merits: inadmissible Article 5-1-e Persons of unsound mind Court order for admission to psychiatric hospital for observation owing to concerns about applicant’s mental state: inadmissible Facts – In July 2006 a public prosecutor submitted a … Continue reading SR v The Netherlands (Dec): ECHR 18 Sep 2012
Citations: 839/02, [2008] ECHR 72 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.264355
ECHR Judgment : Preliminary objection dismissed : Fourth Section Citations: 58342/15, [2022] ECHR 768 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681665
INCOME TAX – Penalty – Section 93A Taxes Management Act 1970 – late submission of partnership return – appeal submitted by a partner other than the ‘representative partner’ – whether Tribunal has jurisdiction to hear appeal – whether penalty invokes criminal head of Article 6.1 of European Convention on Human Rights – whether absence of … Continue reading Jarvis v Revenue and Customs: FTTTx 1 Aug 2012
Citations: 32293/05, [2011] ECHR 466 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.430583
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
UTIAC Prior to the new immigration rules (HC 194) introduced on 9 July 2012, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights.The … Continue reading MF (Article 8 – New Rules) Nigeria: UTIAC 31 Oct 2012
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 24963/20, [2022] ECHR 883 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681725
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 77300/17, [2022] ECHR 851 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 November 2022; Ref: scu.681683
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 62123/16, [2022] ECHR 836 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 November 2022; Ref: scu.681728
LRA Easements and Profits A Prendre – Applicants held to have acquired a right of way by lost modern grant and under the Prescription Act 1832, the user having been acquiesced in at latest from 1984, following the Applicants’ decision to ignore an offer of a limited licence to use the route. Subsequent correspondence from … Continue reading Webb, Perks v Walsall Metropolitan Borough Council: LRA 5 May 2011
Citations: 41354/10 – HEJUD, [2012] ECHR 1915 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 06 November 2022; Ref: scu.465783
Citations: 25783/03 – HEJUD, [2012] ECHR 1855 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.465568
Citations: 6857/02, [2007] ECHR 834 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.259981
Citations: 17359/04, [2007] ECHR 830 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.259968
Citations: 27846/05, [2007] ECHR 831 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.259965
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 65026/16, [2022] ECHR 837 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681641
Citations: 2899/66, [1972] ECHR 1, 2832/66, 2835/66 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – In re De Wilde, Ooms and Versyp v Belgium (No 1) ECHR 18-Nov-1970 The applicants had been detained under Belgian vagrancy laws. An earlier decision had found that their rights had been infringed because of the … Continue reading Cases Of De Wilde, Ooms And Versyp (‘Vagrancy’) v Belgium (Article 50): ECHR 10 Mar 1972
Citations: 57412/08 – HEJUD, [2012] ECHR 1784 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.464883
The court amended its earlier judgment as to the overall increase in the level of damages to be awarded in personal injury cases. The system enacted in the 1999 Act remains in force in relation to litigation brought pursuant to conditional fee agreements made before April 2013 Judges: Igor Judge, Baron Judge LCJ, Lord Dyson … Continue reading Simmons v Castle: CA 10 Oct 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
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
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 17112/16, [2022] ECHR 832 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681750
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 39095/17, [2022] ECHR 839 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681722
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 31708/16, [2022] ECHR 833 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681753
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Committee Citations: 60906/16, [2022] ECHR 835 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681714
ECHR Judgment : Article 3 – Prohibition of torture : First Section Committee Citations: 12152/16, [2022] ECHR 831 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681645
ECHR Judgment : Article 11 – Freedom of assembly and association : Fifth Section Citations: 69483/13, [2022] ECHR 773 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681710
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 47538/16, [2022] ECHR 834 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681764
(Judgment : Remainder inadmissible Violation of Article 10 – Freedom of expression-{General} (Article 10-1 – Freedom of expression) Pecuniary losses) Citations: 51706/11, [2017] ECHR 283 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581291
Judgment : Violation of Article 6 – Right to a fair trial (Article 6 – Civil proceedings Article 6-1 – Reasonable time) Violation of Art . . Citations: 39167/08, [2017] ECHR 272 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581383
FTTTx Income Tax – Penalties – Suppressed takings from Restaurant business reflected in concealed director’s remuneration – Negligent submission of incorrect Tax Returns – Abatement of penalty. Citations: [2012] UKFTT 183 (TC) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Revenue and Customs v Khawaja ChD 17-Jul-2008 The court considered the standard of … Continue reading Khawaja v Revenue and Customs: FTTTx 8 Mar 2012
Citations: 28361/08, [2009] ECHR 2119 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.392764
The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release. Held: False imprisonment is established on proof of imprisonment without lawful authority. An authority might commit both the tort of false imprisonment and infringe a patient’s human rights, but not all infringements of … Continue reading Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003
ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section Citations: 18339/19, [2022] ECHR 748 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681626
Citations: 58331/09, [2012] ECHR 1566 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.462459
Citations: 28361/12, [2012] ECHR 1381 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.462469
Citations: 38083/04, [2012] ECHR 1039 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.462444
Citations: 51083/09 (Communicated Case), [2012] ECHR 1304 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.462225
