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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

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

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

Milev C-439/16: ECJ 27 Oct 2016

ECJ (Judgment) Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Directive 2016/343/EU – Articles 3 and 6 – Temporal application – Review by the courts of the remand in custody pending trial of an accused – National legislation prohibiting, during the trial stage of the proceedings, … Continue reading Milev C-439/16: ECJ 27 Oct 2016

A Council v M and Others (Judgment 3: Reporting Restrictions): FD 20 Jul 2012

Applications were made for the protection of the identity of children and family members ahead of care and criminal proceedings. The order was resisted by several news organisations. Held: a conclusion that the Art 8 rights of individuals should prevail over the Art 10 rights of the public so as to restrict the reporting of … Continue reading A Council v M and Others (Judgment 3: Reporting Restrictions): FD 20 Jul 2012

Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 2014

ECJ (Opinion of the full court) Opinion pursuant to Article 218(11) TFEU – Draft international agreement – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms – Compatibility of the draft agreement with the EU and FEU TreatiesHeld: ‘The agreement on the accession of the European … Continue reading Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 2014

Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Lallement v France: ECHR 12 Jun 2003

[2003] ECHR 281, 46044/99 Worldlii, Bailii European Convention on Human Rights Human Rights Citing: See Also – Lallement v France ECHR 11-Apr-2002 . . Cited by: See Also – Lallement v France ECHR 15-Sep-2010 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 20 January 2022; Ref: scu.567238

Osborn v The Parole Board: SC 9 Oct 2013

Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013

Fessal v Revenue and Customs (Income Tax/Corporation Tax : Human Rights): FTTTx 26 Apr 2016

FTTTx INCOME TAX – self-assessment – barrister – move from cash to true and fair basis – overpayment tax year between two underpayment tax years – tax paid twice on same profits – application of European Convention on Human Rights and Human Rights Act 1998 – held Section 29 of the Taxes Management Act 1970 … Continue reading Fessal v Revenue and Customs (Income Tax/Corporation Tax : Human Rights): FTTTx 26 Apr 2016

Janowiec And Others v Russia: ECHR 21 Oct 2013

ECHR Grand Chamber – Article 3 Inhuman treatment Positive obligations Alleged failure adequately to account for fate of Polish prisoners executed by Soviet secret police at Katyn in 1940: no violation Article 35 Article 35-3 Ratione temporis Court’s temporal jurisdiction in respect of deaths that occurred 58 years before the Convention entered into force in … Continue reading Janowiec And Others v Russia: ECHR 21 Oct 2013