Search Results for: European Convention on Human Rights 3 5

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Castren-Niniou v Greece: ECHR 9 Jun 2005

(French Text only available) Citations: 43837/02, [2005] ECHR 374 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 July 2022; Ref: scu.230663

Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

Pisk-Piskowski v Poland: ECHR 14 Jun 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 8; Remainder inadmissible; Not necessary to examine under Art. 34; Non-pecuniary damage – finding of violation sufficient. Citations: 92/03, [2005] ECHR 392 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230666

Regina v Xhabri: CACD 7 Dec 2005

The complainant alleged that the defendant had forced her into prostitution under duress. Hearsay evidence had been admitted from members of the complainant’s family as to what she had told them. They were not available to give evidence at the trial. Held: The defendant had no objected to evidence from the complainant as to the … Continue reading Regina v Xhabri: CACD 7 Dec 2005

Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005

The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005

A and D v B and E: FD 13 Jun 2003

In two separate actions, fathers with parental responsibility sought orders requiring the mothers of their children to ensure they received the MMR vaccine. Each mother objected, having suspicions as to the safety of the treatment. Specific issue orders were sought. Held: The court found the evidence given by the expert for the mother’s unconvincing. There … Continue reading A and D v B and E: FD 13 Jun 2003

Colazzo v Italy: ECHR 13 Oct 2005

ECHR Judgment (Merits) – Preliminary ojection rejected (non-exhaustion of domestic proceedings); Violation of P1-1; Just satisfaction reserved. Citations: 63633/00, [2005] ECHR 716 Links: Worldlii, Bailii Statutes: European Convention on Human Rights P1-1 Human Rights Updated: 04 July 2022; Ref: scu.231434

Sl and others (Returning Sikhs and Hindus) Afghanistan CG: IAT 7 Oct 2005

IAT Afghanistan – country guidance as to whether as a class Afghan Sikhs and Hindus are entitled to international surrogate protection – Held: (1) there is no evidence to support the claim that the Afghan Sikh and Hindu minorities in Afghanistan are persecuted or treated in breach of their protected human rights under Article 3 … Continue reading Sl and others (Returning Sikhs and Hindus) Afghanistan CG: IAT 7 Oct 2005

Westminster City Council and Another v Morris; Regina (Badu) v Lambeth London Borough Council: CA 14 Oct 2005

The claimant sought housing assistance. She had a child. She was subject to immigration control. She complained that when considering her application, the Act required the authority to disregard her responsibiltes to her children. Held: The Act was inconsistent with her right to family life. The declaration of incompatibility was upheld. The section was an … Continue reading Westminster City Council and Another v Morris; Regina (Badu) v Lambeth London Borough Council: CA 14 Oct 2005

Maurice v France: ECHR 6 Oct 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; No separate issue under Art.14 in conjunction with P1-1; No separate issue under Art. 6-1; No violation of Art. 13; No violation of Art. 8; Costs and expenses partial award – Convention and domestic proceedings; Just satisfaction reserved. Citations: 11810/03, [2005] ECHR 683 Links: Worldlii, … Continue reading Maurice v France: ECHR 6 Oct 2005

Shannon v The United Kingdom: ECHR 4 Oct 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary and non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.The defendant had already been charged with offences when he was called for interview and obliged to answer questions from a financial investigator. His answers would have been admissible at … Continue reading Shannon v The United Kingdom: ECHR 4 Oct 2005

Sabri Tas v Turkey: ECHR 20 Sep 2005

Citations: 21179/02, [2005] ECHR 621 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Cited by: See Also – Sabri Tas v Turkey ECHR 25-Apr-2006 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 04 July 2022; Ref: scu.230765

Rey And Others v France: ECHR 5 Oct 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses (Convention proceedings) – claim rejected. Citations: 68406/01;68412/01;68408/01;…, [2004] ECHR 486 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; … Continue reading Rey And Others v France: ECHR 5 Oct 2004

Mykhaylenky And Others v Ukraine: ECHR 30 Nov 2004

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objections dismissed (non-exhaustion of domestic remedies, ratione personae);Violation of Art. 6-1; Violation of P1-1; Pecuniary damage – financial award;Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings. Citations: 35201/02, [2004] ECHR 656, 35196/02, 35091/02 Links: Worldlii, Bailii Statutes: European Convention on Human Rights … Continue reading Mykhaylenky And Others v Ukraine: ECHR 30 Nov 2004

PM v The United Kingdom: ECHR 19 Jul 2005

A father complained that tax deductions which were granted to married fathers but not to unmarried fathers were discriminatory. He had paid maintenance for his daughter, but was not allowed to set the payments off against his income tax in the way he would have if he and the mother had been married. Held: There … Continue reading PM v The United Kingdom: ECHR 19 Jul 2005

Podbielski And Ppu Polpure v Poland: ECHR 26 Jul 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.‘However, restrictions applied which are of a purely financial nature and which . . are completely unrelated to the merits of an appeal or its prospects of … Continue reading Podbielski And Ppu Polpure v Poland: ECHR 26 Jul 2005

Forbes v Secretary of State for the Home Department: QBD 26 Jul 2005

The defendant argued that the 2003 Act was in breach of his article 8 rights. He had been registered as a sex offender, but the offence for which he had been convicted involved no proof of intention. Held: The claimant having brought the proceedings, his name was not to be withheld. The substantial point was … Continue reading Forbes v Secretary of State for the Home Department: QBD 26 Jul 2005

Regina on the Application of Ruslanas Bagdanavicius, Renata Bagdanaviciene v Secretary of State for the Home Department: CA 11 Nov 2003

Failed Roma asylum applicants challenged an order for their return to Lithuania. There had been family objections to the mixed marriage leaving them at risk of violence from the local mafia, and an order for their return would infringe their article 3 rights. Held: The threshold of risk test which was to be applied in … Continue reading Regina on the Application of Ruslanas Bagdanavicius, Renata Bagdanaviciene v Secretary of State for the Home Department: CA 11 Nov 2003

Varhan v Turkey: ECHR 25 Sep 2018

ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 2433/12, [2018] ECHR 758 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 July 2022; Ref: scu.628758

Vlahov v Croatia: ECHR 5 May 2022

ECHR Judgment : Article 11 – Freedom of assembly and association : First Section Citations: 31163/13, [2022] ECHR 346 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.677886

Regina on the Application of Rozo v Snaresbrook Crown Court and the Director of Public Prosecutions: Admn 6 Jan 2005

An application for bail was based on more general Article 5 grounds, and the learned judge was pressed with the need for him to have regard to Article 5 and to approach the matter on the basis that Article 5 applied. Judges: Gray J Citations: [2005] EWHC 75 (Admin). Statutes: European Convention on Human Rights … Continue reading Regina on the Application of Rozo v Snaresbrook Crown Court and the Director of Public Prosecutions: Admn 6 Jan 2005

Wildman, Regina (on the Application of) v The Office of Communications: Admn 25 Jul 2005

The claimant sought judicial review of an order quashing the decision of the Office of Communications to refuse a radio licence. Held: The court should be very cautious before quashing a decision as to the allocation of broadcasting licences. It was OfCom to which the responsibility for making such a decision had been given. Its … Continue reading Wildman, Regina (on the Application of) v The Office of Communications: Admn 25 Jul 2005

Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005

The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays. Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, so far as working hours are concerned, an employer is entitled to keep … Continue reading Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005

Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005

(Gibraltar) The appellants sought to argue that the failure to allow an acquitted defendant any possible order for costs was a breach of the Constitution. Held: Section 8 of the Constitution, like its analogue article 6 of the European Convention, seeks to guarantee the procedural fairness of the criminal process. Though the Convention is not … Continue reading Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005

Buzatu v Romania: ECHR 27 Jan 2005

ECHR Judgment (Just Satisfaction) – Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings. Citations: 34642/97, [2005] ECHR 40 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Buzatu v Romania ECHR 1-Jun-2004 . . Lists of cited by … Continue reading Buzatu v Romania: ECHR 27 Jan 2005

Anagnostopoulos v Greece: ECHR 10 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of Art. 13; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses partial award – Convention proceedings. Citations: 37429/02, [2005] ECHR 95 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6.1 Jurisdiction: Human Rights Human … Continue reading Anagnostopoulos v Greece: ECHR 10 Feb 2005

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

Fociac v Romania: ECHR 3 Feb 2005

ECHR Judgment (Merits) – No violation of Art. 6-1 with regard to the non-execution; Inadmissible under Art. 6-1 with regard to the length of the proceedings, and under Art. 13. Citations: 2577/02, [2005] ECHR 55 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 01 July 2022; Ref: scu.227584

Partidul Comunistilor (Nepeceristi) And Ungureanu v Romania: ECHR 3 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 11; Not necessary to examine Art. 14; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award. Citations: 46626/99, [2005] ECHR 58 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 11 Human Rights Updated: 01 July 2022; … Continue reading Partidul Comunistilor (Nepeceristi) And Ungureanu v Romania: ECHR 3 Feb 2005

Crowther v The United Kingdom: ECHR 1 Feb 2005

The applicant complained of the delay by the Customs and Excise in enforcing a confiscation order against him of four years. Held: The respondent had allowed almost four years to pass after the liability had been incurred without taking any steps to enforce the order. That deal did infringe the applicant’s human rights. The defendant … Continue reading Crowther v The United Kingdom: ECHR 1 Feb 2005

Andreadaki and Others v Greece: ECHR 10 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 as regard to the fairness of the proceedings, and under P1-1; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses (Convention proceedings) – claim rejected. … Continue reading Andreadaki and Others v Greece: ECHR 10 Feb 2005

Beller v Poland: ECHR 1 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Not necessary to examine P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings. Citations: 51837/99, [2005] ECHR 44 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 01 July 2022; … Continue reading Beller v Poland: ECHR 1 Feb 2005

Sukhorubchenko v Russia: ECHR 10 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to access to a court; Not necessary to examine Art. 6-1 with regard to the length of the proceedings; Not necessary to examine Art. 13; No violation of P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award. Citations: 69315/01, [2005] … Continue reading Sukhorubchenko v Russia: ECHR 10 Feb 2005

Blum v Austria: ECHR 3 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 with regard to impartiality and lack of an oral hearing before the Administrative Court, and under Arts. 6-2 and 6-3; Pecuniary damage – claim rejected; Costs and expenses (domestic proceedings) – claim … Continue reading Blum v Austria: ECHR 3 Feb 2005

Fehr v Austria: ECHR 3 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 with regard to impartiality and under Art. 6-2; Pecuniary damage – claim rejected; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 19247/02, [2005] … Continue reading Fehr v Austria: ECHR 3 Feb 2005

Kolasinski v Poland: ECHR 1 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings. Citations: 46243/99, [2005] ECHR 48 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 01 July 2022; Ref: scu.227595

Riepl v Austria: ECHR 3 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses award – Convention proceedings. Citations: 37040/02, [2005] ECHR 59 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 01 July 2022; Ref: scu.227600

Indra v Slovakia: ECHR 1 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection dismissed (non-exhaustion of domestic remedies); Violation of Art. 6-1 with regard to impartiality; Not necessary to examine under Art. 6-1 with regard to fairness; Not necessary to examine under Art. 13; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses … Continue reading Indra v Slovakia: ECHR 1 Feb 2005

Thaler v Austria: ECHR 3 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 58141/00, [2005] ECHR 63 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human … Continue reading Thaler v Austria: ECHR 3 Feb 2005

Ziliberberg v Moldova: ECHR 1 Feb 2005

The court observed that: ‘the right to freedom of assembly is a fundamental right in a democratic society and, like the right to freedom of expression, is one of the foundations of such a society.’ it is possible to distinguish between interferences which ‘encroach on the essence of the right’ and interferences which impact on … Continue reading Ziliberberg v Moldova: ECHR 1 Feb 2005

Biyan v Turkey: ECHR 3 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 3; Violation of Art. 6-1; Not necessary to examine Art. 6-3; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award. Citations: 56363/00, [2005] ECHR 52 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 3 6-1 Human Rights Updated: … Continue reading Biyan v Turkey: ECHR 3 Feb 2005

Isayeva, Yusupova And Bazayeva v Russia: ECHR 24 Feb 2005

ECHR Judgment (Merits and Just Satisfaction). The court considered the duties of a signatory state under article 2 when taking substantial military actions against insurgents. Citations: 57949/00, [2005] ECHR 129, 57947/00, 57948/00, (2005) 41 EHRR 39 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 2 Jurisdiction: Human Rights Cited by: Cited – Smith, Regina … Continue reading Isayeva, Yusupova And Bazayeva v Russia: ECHR 24 Feb 2005

Beet And Others v The United Kingdom: ECHR 1 Mar 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-1 with regard to one applicant; Violation of Art. 5-5 with regard to one applicant; Violation of Art. 6-1+6-3-c with regard to four applicants; Non-pecuniary damage – financial award (with regard to one applicant); Non-pecuniary damage – finding of violation sufficient (with regard to four … Continue reading Beet And Others v The United Kingdom: ECHR 1 Mar 2005

Chmelir v The Czech Republic: ECHR 7 Jun 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings. Citations: 64935/01, [2005] ECHR 364 Links: Worldlii, Bailii, Bailii Statutes: European Convention on Human Rights Cited by: See Also – Chmelir v The Czech … Continue reading Chmelir v The Czech Republic: ECHR 7 Jun 2005

Scordino v Italy (3): ECHR 17 May 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; Just satisfaction reserved. Citations: 43662/98, [2005] ECHR 294 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: See Also – Scordino v Italy (No. 2) ECHR 15-Jul-2004 . . See Also – Scordino v Italy ECHR 29-Jul-2004 (French Text) Grand Chamber. In the context … Continue reading Scordino v Italy (3): ECHR 17 May 2005

Sisojeva And Others v Latvia: ECHR 16 Jun 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 8; No violation of Art. 34; Non-pecuniary damage – financial award; Costs and expenses – claim rejected. Citations: 60654/00, [2005] ECHR 405, [2005] ECHR 923 Links: Worldlii, Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – AXA General Insurance … Continue reading Sisojeva And Others v Latvia: ECHR 16 Jun 2005

Blackstock v The United Kingdom: ECHR 21 Jun 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-4; Violation of Art. 5-5; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.The claimant was a prisoner serving a life sentence. He complained that the delays in considering the move towards his being detained in more open conditions, and the … Continue reading Blackstock v The United Kingdom: ECHR 21 Jun 2005

PK (Article 8, Return, Marriage-Refugee) Democratic Republic of Congo: IAT 13 Nov 2002

The Appellant is a citizen of the Democratic Republic of Congo (DRC). He has been given leave to appeal the determination of an Adjudicator dismissing his appeal against the Respondent’s decision to give directions for his removal from the United Kingdom and to refuse asylum. Judges: Moulden Ch Citations: [2002] UKIAT 05220 Links: Bailii Statutes: … Continue reading PK (Article 8, Return, Marriage-Refugee) Democratic Republic of Congo: IAT 13 Nov 2002

Kugathas v Secretary of State for the Home Department: CA 21 Jan 2003

Sedley LJ considered the circumstances where the Secretary of state should take into account the defendant’s article 8 human rights when considering deportation after serving a sentence of imprisonment: ‘Generally, the protection of family life under Article 8 involves cohabiting dependants, such as parents and their dependant minor children. Whether it extends to other relationships … Continue reading Kugathas v Secretary of State for the Home Department: CA 21 Jan 2003

Wright, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Nov 2004

Request for judicial review of refusal to pay compensation for wrongful detention in prison after end of sentence. Judges: Bennett J Citations: [2004] EWHC 3084 (Admin) Links: Bailii Statutes: European Convention on Human Rights 5(5) Jurisdiction: England and Wales Human Rights, Prisons, Damages Updated: 01 July 2022; Ref: scu.226917

Hammond v Director of Public Prosecutions: Admn 13 Jan 2004

The defendant, who had since died, had been convicted of a public order offence in that standing in a street he had displayed a range of placards opposing homosexuality. He appealed saying that the finding was an unwarranted infringement of his article 9 and article 10 rights, and that the words used were not in … Continue reading Hammond v Director of Public Prosecutions: Admn 13 Jan 2004

Y, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Jul 2013

Challenge to refusal of indefinite leave to remain, saying that a return would infringe his articles 3 and 5 rights beause of his mental condition. Judges: Anthony Thornton QC J Citations: [2013] EWHC 2127 (Admin) Links: Bailii Statutes: European Convention on Human Rights 3 8 Jurisdiction: England and Wales Immigration, Human Rights Updated: 01 July … Continue reading Y, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Jul 2013

Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

Private Hearings are Not in Secret H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application was refused save as to identification of the children, and certain tax matters. The hearing was listed as in Private restricted only that certain people only were entitled to attend, … Continue reading Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

Finland: ECHR 3 Dec 1996

(Commission) An employee of the Finnish State Railways was dismissed for failing to respect his working hours on the basis that to work after sunset on a Friday was forbidden by the Seventh Day Adventist Church, of which he was a member. Held: Although his refusal was motivated by religious convictions, such a situation did … Continue reading Finland: ECHR 3 Dec 1996

P v BW (Children Cases: Hearings in Public): FD 2003

The applicant sought a joint residence order, and for a declaration that the rules preventing such hearings being in public breached the requirement for a public hearing. Held: Both FPR 1991 rule 4.16(7) and section 97 are compatible with the fair trial provisions of Article 61) of the European Convention for the Protection of Human … Continue reading P v BW (Children Cases: Hearings in Public): FD 2003

Veeber v Estonia (No 2): ECHR 21 Jan 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 7-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses award – Convention proceedingsThe complainant alleged that, having been convicted for acts which only later became a crime, his convention rights had been infringed. He had been accused of … Continue reading Veeber v Estonia (No 2): ECHR 21 Jan 2003

Fornah v Secretary of State for the Home Department: CA 9 Jun 2005

The applicant sought refugee status, saying that if returned home to Sierra Leone, she would as a young woman be liable to be circumcised against her will. Held: Female sexual mutilation ‘is an evil practice internationally condemned and in clear violation of Article 3 of the European Convention of Human Rights (‘ECHR’). As a practice, … Continue reading Fornah v Secretary of State for the Home Department: CA 9 Jun 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