Price And Lowe v The United Kingdom: ECHR 29 Jul 2003
Citations: 43185/98, [2003] ECHR 409 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 July 2022; Ref: scu.213486
Citations: 43185/98, [2003] ECHR 409 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 July 2022; Ref: scu.213486
(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
ECHR Judgment (Merits and just satisfaction) No violation of Art. 2 with regard to death ; Violation of Art. 2 with regard to lack of effective investigation ; No violation of Art. 3 ; Violation of Art. 13 ; No violation of Art. 14 ; Not necessary to examine Art. 34 (former Art. 25) ; … Continue reading Nuray Sen v Turkey (No. 2): ECHR 30 Mar 2004
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
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
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
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
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
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 22181/15, [2018] ECHR 899 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; Ref: scu.628810
ECHR Judgment : No Article 3 – Prohibition of torture : Second Section Citations: 27603/15, [2018] ECHR 895 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; Ref: scu.628814
ECHR Judgment (Merits) – Violation of Art. 6-1. Citations: 22868/02, [2005] ECHR 725 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 04 July 2022; Ref: scu.231433
ECHR Judgment (Merits) – Preliminary objection rejected (estoppel); Violation of P1-1; Just satisfaction reserved. Citations: 63238/00, [2005] ECHR 722 Links: Worldlii, Bailii Statutes: European Convention on Human Rights P1-1 Human Rights Updated: 04 July 2022; Ref: scu.231426
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
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
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
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
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
Citations: 57919/00, [2005] ECHR 622 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230766
Citations: 41990/98, [2005] ECHR 624 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230768
Citations: 45972/99, [2005] ECHR 581 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230725
Citations: 46262/99, [2005] ECHR 623 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230767
Citations: 45454/99, [2005] ECHR 627 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230771
Citations: 22219/02, [2005] ECHR 610 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230754
Citations: 43672/98, [2005] ECHR 612 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230756
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
Citations: 44713/98, [2005] ECHR 608 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230752
Citations: 5503/02, [2005] ECHR 540 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230698
Citations: 15366/03, [2005] ECHR 536 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230696
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
Citations: 45712/99, [2005] ECHR 537 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230697
Citations: 20864/03, [2005] ECHR 544 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230699
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
Citations: 71445/01, [2004] ECHR 651, [2004] ECHR 651 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230648
Citations: 34506/97, [2005] ECHR 166 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230658
(French Text) A 15-year-old girl, had been brought from Togo to France and made to work for a family without pay for 15 hours a day. She had been held in servitude and required to perform forced labour Held: France had violated article 4 by having failed to introduce criminal legislation which would afford effective … Continue reading Siliadin v France: ECHR 26 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
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
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
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
ECHR Judgment : Article 3 – Prohibition of torture : Second Section Committee Citations: 42899/11, [2018] ECHR 766 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 July 2022; Ref: scu.628741
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 5409/12, [2018] ECHR 883 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 July 2022; Ref: scu.628805
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
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 74054/11, [2018] ECHR 757 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 July 2022; Ref: scu.628760
Citations: 10775/09 (Judgment (Merits and Just Satisfaction) : Court (Third Section)), [2016] ECHR 331 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.561651
Citations: 27928/02, [2003] ECHR 526 Links: Worldlii Statutes: European Convention on Human Rights Human Rights Updated: 01 July 2022; Ref: scu.213527
Citations: 53360/99, [2003] ECHR 197 Links: Worldlii Statutes: European Convention on Human Rights Human Rights Updated: 01 July 2022; Ref: scu.213388
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
Citations: 31520/96, [2003] ECHR 40 Links: Worldlii Statutes: European Convention on Human Rights Human Rights Updated: 01 July 2022; Ref: scu.213312
Citations: 21167/08, [2010] ECHR 1013 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.418495
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. Citations: 72211/01, [2005] ECHR 88 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.230654
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
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
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
(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
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
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
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
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
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
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
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
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
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
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
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
ECHR Judgment (Merits) – No violation of Art. 6-1 and 6-3-d. Citations: 10075/02, [2005] ECHR 80 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6.1 Human Rights Updated: 01 July 2022; Ref: scu.227588
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
(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
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (exhaustion of domestic remedies) ; Violation of Art. 3 ; Violation of Art. 5-1 ; Violation of Art. 8 ; Not necessary to examine P1-1 ; No violation of Art. 34 (former Art. 25) ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award … Continue reading Elci And Others v Turkey: ECHR 13 Nov 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
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
ECHR Judgment : Article 11 – Freedom of assembly and association : First Section Citations: 36469/08, [2019] ECHR 311 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.636150
ECHR Judgment : Article 5 – Right to liberty and security : First Section Citations: 62824/16, [2019] ECHR 312 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.636151
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 74253/17, [2018] ECHR 858 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.628834
ECHR Judgment : No Article 8 – Right to respect for private and family life : Second Section Citations: 38331/06, [2018] ECHR 877 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.628795
ECHR Judgment : No Article 2 of Protocol No. 1 – Right to education-{general} : Second Section Committee Citations: 30003/04, [2018] ECHR 870 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.628785
ECHR Judgment : Preliminary objections joined to merits and dismissed : Third Section Citations: 65101/16, [2018] ECHR 880 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.628770
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 14099/15, [2018] ECHR 761 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.628749
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 16796/15, [2018] ECHR 764 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.628746
ECHR Judgment : Article 6+6-3-c – Right to a fair trial : Second Section Citations: 38740/09, [2018] ECHR 885 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.628837
Citations: 32602/08, [2010] ECHR 2124 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Henryk Stoklosa v Poland ECHR 3-Nov-2011 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 30 June 2022; Ref: scu.427856
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
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