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Winterwerp v The Netherlands: ECHR 24 Oct 1979

A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. Held: Article 5(1)(a) is concerned with the question whether the detention is permissible. Its object and … Continue reading Winterwerp v The Netherlands: ECHR 24 Oct 1979

Ismail, Regina (on The Application of) v Secretary of State for The Home Department: SC 6 Jul 2016

The claimant ha been involved in the management of a company operating a ferry in Egypt. The claimant had been acquitted in Egypt of criminal liability, but then convicted in his absence on appeal, after submissions made on his behalf were discounted because of his absence. After sentence to imprisonment, the Egyptian court requested the … Continue reading Ismail, Regina (on The Application of) v Secretary of State for The Home Department: SC 6 Jul 2016

Hamat (Article 9 – freedom of religion): UTIAC 6 Jun 2016

Article 9 – Freedom of Religion : Afghanistan (i) Article 9 – the right to freedom of thought, conscience and religion – is a distinctive feature of the Human Rights Act to be considered separately from Article 8 when it applies. (ii) Article 9 permits the same structured approach to the assessment of an Article … Continue reading Hamat (Article 9 – freedom of religion): UTIAC 6 Jun 2016

London Borough of Brent v C: FD 28 Apr 2016

‘This case raises issues both as to the end-of-life treatment of a very ill child, and as to alleged breaches of rights under the European Convention on Human Rights, in relation to which damages were claimed. ‘ Holman J [2016] EWHC 1335 (Fam) Bailii Children, Human Rights, Health Professions Updated: 17 January 2022; Ref: scu.565529

Treebhawon and Others (Section 117B): UTIAC 19 Nov 2015

UTIAC (i) Section 117B (6) is a reflection of the distinction which Parliament has chosen to make between persons who are, and who are not, liable to deportation. In any case where the conditions enshrined in section 117B(6) of the Nationality, Immigration and Asylum Act 2002 are satisfied, the section 117B(6) public interest prevails over … Continue reading Treebhawon and Others (Section 117B): UTIAC 19 Nov 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

Capeau v Belgium: ECHR 8 Jun 2011

42914/98, [2011] ECHR 1253 Bailii European Convention on Human Rights Citing: See Also – Capeau v Belgium ECHR 13-Jan-2005 ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-2; Not necessary to examine Art. 14.The accused had been investigated for suspected arson but discharged by the court on the grounds that . . Lists … Continue reading Capeau v Belgium: ECHR 8 Jun 2011

AT and Another (Article 8 ECHR – Child Refugee – Family Reunification : Eritrea): UTIAC 24 Mar 2016

UTIAC While the Immigration Rules make no provision for family reunification in the United Kingdom in the case of a child who has been granted asylum, a refusal to permit the family members of such child to enter and remain in the United Kingdom may constitute a disproportionate breach of the right to respect for … Continue reading AT and Another (Article 8 ECHR – Child Refugee – Family Reunification : Eritrea): UTIAC 24 Mar 2016