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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

Association For The Defence Of Human Rights In Romania-Helsinki Committee on behalf of Ionel Garcea v Romania: ECHR 24 Mar 2015

ECHR Article 34 Locus standi Standing of non-governmental organisation to lodge an application on behalf of deceased mentally-ill detainee Article 2 Article 2-1 Effective investigation Failure to conduct effective investigation into the death of mentally-ill detainee: violation Facts – The application was lodged by an NGO named the Association for the Defence of Human Rights … Continue reading Association For The Defence Of Human Rights In Romania-Helsinki Committee on behalf of Ionel Garcea v Romania: ECHR 24 Mar 2015

Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010

ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – Unemployment benefits – Child with the nationality of a Member State – Right of residence of parents who are … Continue reading Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010

Mamatkulov and Askarov v Turkey: ECHR 4 Feb 2005

(Grand Chamber) The applicants had resisted extradition to Uzbekistan from Turkey to stand trial on very serious charges, saying that if returned they would be tortured. There was material to show that that was not a fanciful fear. On application made by them to the European Court of Human Rights, it indicated to Turkey under … Continue reading Mamatkulov and Askarov v Turkey: ECHR 4 Feb 2005

Yam, Regina (on The Application of) v Central Criminal Court and Another: Admn 31 Oct 2014

The claimant had been convicted of murder after evidence was given in camera. He sought to apply to the ECHR challenging the fairness of the trial, arguing that he needed and shoudl be free to use the material given in camera. Held: The application for judicial review failed. Elias LJ, Hickinbottom J [2014] EWHC 3558 … Continue reading Yam, Regina (on The Application of) v Central Criminal Court and Another: Admn 31 Oct 2014

Yepishin v Russia (Legal Summary): ECHR 27 Jun 2013

Article 34Hinder the exercise of the right of petitionPrison administration’s refusal to pay postage for dispatch of prisoner’s letters to the European Court: no violationFacts – The applicant, who was serving a prison sentence in a correctional colony, complained that the colony authorities had refused to assist him with postage costs he could not afford … Continue reading Yepishin v Russia (Legal Summary): ECHR 27 Jun 2013

Wang Yam, Regina (on The Application of) v Central Criminal Court and Another: SC 16 Dec 2015

The appellant was to apply to the ECHR challenge the fairness of his trial because it was held partially in camera. The UK resisted this application. The appellant sought to be permitted in his response to disclose and refer to contents of the evidence given in camera. The Supreme Court was now asked whether the … Continue reading Wang Yam, Regina (on The Application of) v Central Criminal Court and Another: SC 16 Dec 2015

London Borough of Wandsworth v Vining and Others (Unfair Dismissal: Exclusions Including Worker/Jurisdiction): EAT 18 Dec 2015

REDUNDANCY – Collective consultation and information HUMAN RIGHTS The Court of Appeal in Redbridge London Borough Council v Dhinsa and McKinnon [2014] ICR 834 held that the Council’s Parks Constables were in service as a ‘member of a constabulary maintained by virtue of an enactment’ within the meaning of Employment Rights Act 1996 section 200(2) … Continue reading London Borough of Wandsworth v Vining and Others (Unfair Dismissal: Exclusions Including Worker/Jurisdiction): EAT 18 Dec 2015

Jordan, Re for Judicial Review: SC 6 Mar 2019

(Northern Ireland) The deceased had been shot by a member of the Royal Ulster Constabulary in 1992. There had been inquests in 1995 and 2012, but proceedings were again brought alleging delay. The Court of Appeal had ordered a further stay of proceedings until conclusion of the inquest. The inquest had now been completed with … Continue reading Jordan, Re for Judicial Review: SC 6 Mar 2019

BA (Nigeria) v Secretary of State for The Home Department and Others: SC 26 Nov 2009

The court was asked whether the expression ‘an asylum claim, or a human rights claim’ in section 92(4)(a) of the 2002 Act includes any second or subsequent claim that the asylum seeker may make, or only a second or subsequent claim which has been accepted as a ‘fresh claim’ by the Secretary of State under … Continue reading BA (Nigeria) v Secretary of State for The Home Department and Others: SC 26 Nov 2009

Mackay and BBC Scotland v United Kingdom: ECHR 7 Dec 2010

Lech Garlicki, P [2010] ECHR 1968, (2011) 53 EHRR 19, 10734/05 Bailii European Convention on Human Rights Citing: See Also – Mackay and BBC Scotland v United Kingdom ECHR 17-Mar-2008 . . See Also – Mackay And BBC Scotland v United Kingdom ECHR 14-Oct-2009 . . Cited by: Cited – A v British Broadcasting Corporation … Continue reading Mackay and BBC Scotland v United Kingdom: ECHR 7 Dec 2010

McCaughey and Another, Re Application forJudicial Review: SC 18 May 2011

The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. The applicants believed this would require a further investigation of the … Continue reading McCaughey and Another, Re Application forJudicial Review: SC 18 May 2011

Kozma v Romania: ECHR 11 Apr 2017

ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Fair hearing ECHR Judgment : Pecuniary and non-pecuniary damage – award : Fourth Section Committee 22342/08, [2017] ECHR 351, [2018] ECHR 840 Bailii, Bailii European Convention on Human Rights Human Rights Human Rights Updated: … Continue reading Kozma v Romania: ECHR 11 Apr 2017

Brumarescu v Romania: ECHR 23 Jan 2001

[2001] ECHR 47, 28342/95 Worldlii, Bailii European Convention on Human Rights Human Rights Citing: See Also – Brumarescu v Romania ECHR 28-Oct-1999 Hudoc Violation of Art. 6-1 by reason of lack of fair hearing; Violation of Art. 6-1 by reason of refusal of right of access to court; Violation of P1-1; Just satisfaction reserved . … Continue reading Brumarescu v Romania: ECHR 23 Jan 2001

Salman v Turkey: ECHR 27 Jun 2000

Where someone dies or is injured whilst in custody the burden is on the state to provide a ‘satisfactory and convincing explanation’ of what has happened: ‘Persons in custody are in a vulnerable position and the authorities are under a duty to protect them. Consequently, where an individual is taken into police custody in good … Continue reading Salman v Turkey: ECHR 27 Jun 2000

Clift v Slough Borough Council and Another: QBD 6 Jul 2009

The claimant sought damages for defamation. The council had decided that she had threatened a member of staff and notified various people, and entered her name on a violent persons register. She alleged malice, the council pleaded justification and qualified privilege. She also complained of the breach of her data protection rights. She had been … Continue reading Clift v Slough Borough Council and Another: QBD 6 Jul 2009

Ajinomoto Sweeteners Europe Sas v Asda Stores Ltd: QBD 15 Jul 2009

The claimant said that the defendant’s characterisation of its own products as ‘Good for You’ by reference to a description saying that it did not include the claimant’s product as a component, was a malicious falsehood. The defendant sold other products which did include Aspartame. The court was asked to determine the meanings. Held: The … Continue reading Ajinomoto Sweeteners Europe Sas v Asda Stores Ltd: QBD 15 Jul 2009

Konecny v District Court In Brno-Venkov, Czech Republic: SC 27 Feb 2019

K had been convicted and sentenced in his absence. His extradition was requested under an EAW which asserted that it was based upon an enforceable judgment, but that he had an unqualified right to be retried. He argued that the delay (since 2004 for the offence) was such as render the request unjust and oppressive. … Continue reading Konecny v District Court In Brno-Venkov, Czech Republic: SC 27 Feb 2019

Wisniewski and Others v Regional Court of Wroclaw, Poland and Others: Admn 2 Mar 2016

The Court faced 3 appeals against extradition which raised issues as to the availability of the bar to extradition on the grounds of passage of time under section 14 of the 2003 Act in circumstances where a requested person had left the requesting state whilst subject to a suspended sentence of imprisonment which was activated … Continue reading Wisniewski and Others v Regional Court of Wroclaw, Poland and Others: Admn 2 Mar 2016

Papadakis And Others v Greece (226): ECHR 25 Feb 2016

34083/13 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text, [2016] ECHR 226 Bailii European Convention on Human Rights Human Rights Citing: See Also – Papadakis And Others v Greece (218) ECHR 25-Feb-2016 ECHR Judgment Merits and Just Satisfaction : Court First Section . . Lists of cited by and citing cases may … Continue reading Papadakis And Others v Greece (226): ECHR 25 Feb 2016

Lorse and Others v The Netherlands: ECHR 4 Feb 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 with regard to the first applicant ; No violation of Art. 3 with regard to the other applicants ; No violation of Art. 8 ; No violation of Art. 13 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe … Continue reading Lorse and Others v The Netherlands: ECHR 4 Feb 2003

Steinfeld and Another v The Secretary of State for Education: Admn 29 Jan 2016

The claimant heterosexual couple wanted to enter into a civil partnership rather than to marry. Held: The request for judicial review failed. On the authorities, the bar did not fall within the scope or ambit of Article 8. The appellants could marry and thus enter into a legal relationship according full protection to all the … Continue reading Steinfeld and Another v The Secretary of State for Education: Admn 29 Jan 2016

Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: SC 29 Jul 2015

After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day the academic year begins. The claimant came as a child with her mother some … Continue reading Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: SC 29 Jul 2015

Vacean v Romania: ECHR 16 Nov 2021

ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section 47695/14, [2021] ECHR 934 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 08 January 2022; Ref: scu.670223

Sanam v National Crime Agency: CA 2 Dec 2015

‘This appeal concerns the competing rights of (1) the National Crime Agency (‘the NCA’) to obtain a civil recovery order (‘a CRO’) under Part 5 of the Proceeds of Crime Act 2002 (‘POCA’) in respect of property derived from unlawful conduct and (2) a wholly innocent former wife of the criminal, who would be left … Continue reading Sanam v National Crime Agency: CA 2 Dec 2015