Search Results for: European Convention on Human Rights 4

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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

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

Kirkwood v The United Kingdom: ECHR 12 Mar 1984

(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

QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

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

Jahn And Others v Germany: ECHR 22 Jan 2004

Hudoc Violation of P1-1 ; Not necessary to examine Art. 14 + P1-1 ; Just satisfaction reserved 46720/99 ; 72203/01 ; 72552/01 Citations: 46720/99, 72203/01, [2004] ECHR 36 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Jahn And Others v Germany ECHR 30-Jun-2005 A deprivation of … Continue reading Jahn And Others v Germany: ECHR 22 Jan 2004

Fayed v United Kingdom: ECHR 6 Oct 1994

The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994

Eon v France (Note): ECHR 14 Mar 2013

ECHR – Information Note Citations: 26118/10, [2013] ECHR 1346 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.682589

Mraovic v Croatia: ECHR 14 May 2020

ECHR Judgment : No Right to a fair trial : First Section ECHR Judgment : Struck out of the list : Grand Chamber Citations: 30373/13, [2020] ECHR 323, [2021] ECHR 294 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.651028

Dragan Petrovic v Serbia: ECHR 14 Apr 2020

ECHR Judgment : Respect for private life : Insufficient foreseeability and safeguards of domestic law governing the taking of DNA samples : Fourth Section Citations: 75229/10, [2020] ECHR 286 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650980

Keena And Kennedy v Ireland (Dec): ECHR 30 Sep 2014

ECHR Article 10-1 Freedom to impart information Freedom to receive information Award of costs against journalists for destroying evidence in order to protect their sources: inadmissible Facts – The first applicant was a correspondent on and the second applicant the editor of the Irish Times. In 2006 the newspaper published an article containing references to … Continue reading Keena And Kennedy v Ireland (Dec): ECHR 30 Sep 2014

Carnduff v The United Kingdom: ECHR 10 Feb 2004

Admissibility – The applicant is a registered police informer. He commenced an action seeking to recover payment for information that he supplied to the West Midlands police. Judges: M. Pellonpaa, P Citations: 18905/02, [2004] ECHR 731 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Carnduff v Inspector Rock and … Continue reading Carnduff v The United Kingdom: ECHR 10 Feb 2004

FK (Democratic Republic of Congo) v Secretary of State for the Home Department: CA 14 Dec 2007

Appeal in which the issue centres around the concept of proportionality in applying Article 8 of the European Convention on Human Rights (‘the ECHR’), particularly where there has been significant delay on the part of the Secretary of State in dealing with an application for leave to remain in the United Kingdom. Citations: [2007] EWCA … Continue reading FK (Democratic Republic of Congo) v Secretary of State for the Home Department: CA 14 Dec 2007

Schluga v Austria: ECHR 19 Feb 2004

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

Chitos v Greece: ECHR 4 Jun 2015

The applicant complained of a violation of Article 4-2 of the Convention, taken alone and together with Article 14 of the Convention. Judges: Isabelle Berro, P Citations: 51637/12 – Chamber Judgment, [2015] ECHR 529 Links: Bailii Statutes: European Convention on Human Rights 4-2 14 Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.547594

O’Connor v Bar Standards Board: QBD 18 Dec 2014

Appeal against an order of Deputy Master Eyre by which he struck out the appellant’s statements of case and dismissed the action with judgment for the defendant with costs. The claimant said that the procedures adopted by the Board in disciplinary proceedings had (inter alia) infringed her human rights. She had eventually been cleared of … Continue reading O’Connor v Bar Standards Board: QBD 18 Dec 2014

Revenue and Customs, Regina (on The Application of) v HM Coroner for The City of Liverpool: Admn 21 May 2014

The Coroner, conducting an investigation into a person’s death, issued notices under para 1(2) of Schedule 5 to the Coroners and Justice Act 2009, requiring the Revenue and Customs Commissioners to provide occupational information concerning the deceased for the purpose of investigating whether he had died as a result of an industrial disease. The Commissioner … Continue reading Revenue and Customs, Regina (on The Application of) v HM Coroner for The City of Liverpool: Admn 21 May 2014

N, Regina (on The Application of) v Secretary of State for Health: CA 24 Jul 2009

A challenge was made to the ban on smoking at a secure hospital. Judges: Lord Clarke MR, Keene, Moses LJJ Citations: [2009] EWCA Civ 795, [2010] PTSR 674, [2009] HRLR 31 Links: Bailii Statutes: European Convention ofHuman Rights 8 14 Jurisdiction: England and Wales Cited by: Cited – Black, Regina (on The Application of) v … Continue reading N, Regina (on The Application of) v Secretary of State for Health: CA 24 Jul 2009

King v Telegraph Group Ltd: CA 18 May 2004

The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004

Napier v Secretary of State for Home Department: Admn 29 Apr 2004

The claimant, whilst a prisoner. had been found guilty in disciplinary proceedings, and sentenced to additional days. He was not allowed representation at the hearing. The respondent argued that, the penalty having later been quashed, the hearing had been reduced in status to an administrative hearing which did not require compliance with the Human Rights … Continue reading Napier v Secretary of State for Home Department: Admn 29 Apr 2004

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004

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

Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003

The applicants wished to challenge the confiscation of their goods by the Commissioners of Customs and Excise on their return to Dover. They appealed the refusal of Legal Aid. Held: The Convention guaranteed the right to legal assistance for someone charged with a criminal offence and who could not afford representation, but these condemnation proceedings … Continue reading Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003

Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret Intelligence Service (and similarly also known as MI6) and the Government Communications Headquarters. Judges: Burton J P Citations: [2014] … Continue reading Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

Jones v University of Warwick: CA 4 Feb 2003

The claimant appealed a decision to admit in evidence a tape recording, taken by an enquiry agent of the defendant who had entered her house unlawfully. Held: The situation asked judges to reconcile the irreconcilable. Courts should be reluctant to create rules which would deny the admission of genuine evidence. Where a party behaved in … Continue reading Jones v University of Warwick: CA 4 Feb 2003

Sylvester v Austria: ECHR 24 Apr 2003

Effective respect for family life required that future family relations between parent and child are not determined by the passage of time alone Citations: (2003) 37 EHRR 417, [2003] 2 FLR 210, [2003] ECHR 196, 36812/97, 40104/98, (2003) 37 EHRR 17 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: … Continue reading Sylvester v Austria: ECHR 24 Apr 2003

Lvin v Russia: ECHR 4 Dec 2018

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