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ZXC v Bloomberg Lp: QBD 23 Feb 2017

Investigation of claimant was properly disclosed The claimant requested the removal of material naming him from the defendant’s website. Criminal investigations into a company with which he was associated were begun, but then concluded. In the interim, the article was published. The hearing had been in private and the claimant anonymised. Held: The weight to … Continue reading ZXC v Bloomberg Lp: QBD 23 Feb 2017

McDonagh, Regina (on The Application of) v Chief Constable of Leicestershire Constabulary: Admn 19 Dec 2013

The claimant alleged that his treatment in the police station had been wrongful. His solicitor, representing two clients, had refused to attend the interview with the claimant until he had seen the second client. There was a scene and the solicitor was excluded. The claimant said that this had unlawfully imposed a condition on his … Continue reading McDonagh, Regina (on The Application of) v Chief Constable of Leicestershire Constabulary: Admn 19 Dec 2013

Treial v Estonia (Dec): ECHR 28 Jan 2014

ECHR Article 35-1 – Exhaustion of domestic remedies Effective domestic remedy Claim for compensation before the administrative courts in respect of complaint concerning length of civil proceedings: effective remedy Facts – In his application to the European Court, the applicant complained of the length of domestic civil proceedings to which he had been a party. … Continue reading Treial v Estonia (Dec): ECHR 28 Jan 2014

Manchester City Council v Pinnock: SC 9 Feb 2011

The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011

Borotyuk v Ukraine: ECHR 16 Dec 2010

(Fifth Section) The applicant complained, in particular, that his continued pre-trial detention had been unjustified and that he had not been legally represented in the early stages of the criminal proceedings. Held: The court summarised the general principles that are to be found in Salduz. It stated that, as a rule, access to a lawyer … Continue reading Borotyuk v Ukraine: ECHR 16 Dec 2010

Maslov v Austria: ECHR 23 Jun 2008

(Grand Chamber) The applicant came lawfully to Austria when 6. He committed a large number of offences when he was 14 and 15, and had been sentenced to imprisonment. He complained of a later decision to deport him. Held: The court said: ‘ The Court would stress that while the criteria which emerge from its … Continue reading Maslov v Austria: ECHR 23 Jun 2008

Zdanoka v Latvia: ECHR 16 Mar 2006

(Grand Chamber) The applicant alleged that her disqualification from standing for election to the Latvian Parliament and to municipal elections infringed her rights as guaranteed by Article 3 of Protocol No. 1 to the Convention, and Articles 10 and 11 of the Convention. Citations: [2006] ECHR 231, [2006] ECHR 994, 58278/00 Links: Worldlii, Bailii Statutes: … Continue reading Zdanoka v Latvia: ECHR 16 Mar 2006

Secretary of State for The Home Department, Regina (on The Application of) v BC and Another: Admn 11 Nov 2009

The applicants were subject to control orders. They were ‘light touch’, not involving a deprivation of liberty. Judges: Collins J Citations: [2009] EWHC 2927 (Admin), [2010] 1 WLR 1542, [2010] UKHRR 344 Links: Bailii Statutes: European Convention on Human Rights 6 Cited by: Cited – King, Regina (on The Application of) v Secretary of State … Continue reading Secretary of State for The Home Department, Regina (on The Application of) v BC and Another: Admn 11 Nov 2009

Mamatkulov And Askarov v Turkey: ECHR 4 Feb 2005

Grand Chamber – while there may have been reasons for doubting whether the applicants would receive a fair trial, there was not sufficient information to show that any possible irregularities in the trial were liable to constitute a flagrant denial of justice. In para O-III14 of their joint partly dissenting opinion, to which Judge Rozakis … Continue reading Mamatkulov And Askarov v Turkey: ECHR 4 Feb 2005

Tarariyeva v Russia: ECHR 14 Dec 2006

A complaint was made that the authorities had failed in their duty to protect a prisoner’s life. The authorities had him in custody for two years and knew of his health problems. He was not properly treated in the penal colony. When he had acute pain, he was diagnosed with a perforated ulcer and peritonitis … Continue reading Tarariyeva v Russia: ECHR 14 Dec 2006

Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009

The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder. Held: The transfer was a breach of the applicants’ rights. The Iraqis had re-introduced the death penalty for such crimes which they said amounted to war crimes. The … Continue reading Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Pham v Secretary of State for The Home Department: SC 25 Mar 2015

The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Osborn v The Parole Board: SC 9 Oct 2013

Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Szunomar v Hungary: ECHR 12 Oct 2010

Citations: 7807/06, [2010] ECHR 1797 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.425997

Sheydayev v Russia: ECHR 7 Dec 2006

Citations: 65859/01, [2006] ECHR 1036 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.246921

Lavrentyev v Russia: ECHR 21 Jun 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 71333/10, [2022] ECHR 494 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.678959

Krnjak v Croatia: ECHR 28 Jun 2011

Citations: 11228/10, [2011] ECHR 1046 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.441262

Iskrzyccy v Poland: ECHR 14 Sep 2010

Citations: 9261/02, [2010] ECHR 1278 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.424067

Potter for Judicial Review of Acts and Decisions of the Scottish Prison Service: OHCS 20 Mar 2007

The prisoner complained that the prison arranged that outgoing telephone calls from the prison should be preceded by a message which said the call was being made from a prison. Held: There was no lawful authority for the message. The prison rules allowed rules to be made for the purposes of the regulation, management or … Continue reading Potter for Judicial Review of Acts and Decisions of the Scottish Prison Service: OHCS 20 Mar 2007

Maslov v Austria: ECHR 22 Mar 2007

Citations: 1638/03, [2007] ECHR 224 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Rainford, Regina (on the Application of) v Secretary of State for the Home Department Admn 17-Oct-2008 The claimant had been in England since he was 11, and was now 38. He had been repeatedly … Continue reading Maslov v Austria: ECHR 22 Mar 2007

MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005

The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege. Held: ‘It is an established principle of the law of libel in this country that a claimant, whether individual or corporate, does … Continue reading Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005

Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002

The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002

Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 22 May 2013

The appellant, a British national and European citizen was in prison in Bali convicted of a criminal charge for which she might face the death penalty. Having insufficient funds she sought legal assistance from the respondent for her appeal, and now appealed against its refusal. Held: The appeal failed. The respondent’s policy was clear and … Continue reading Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 22 May 2013

Wiercigroch v Poland: ECHR 5 Dec 2006

Citations: 14580/02, [2006] ECHR 1032 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.246929

Mosat v Slovakia: ECHR 21 Sep 2010

Citations: 27452/05, [2010] ECHR 1318 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.424141

Rogosic v Croatia: ECHR 20 May 2010

Citations: 55520/07, [2010] ECHR 689 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.416316

Lesina v Ukraine: ECHR 19 Jun 2008

Citations: 9510/03, [2008] ECHR 541 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.270102

Zhupnik v Ukraine: ECHR 9 Dec 2010

Citations: 20792/05, [2010] ECHR 1989 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.426993

Chester, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Oct 2009

Burton J dismissed a claim for judicial review brought by the serving prisoner, to challenge his statutory disfranchisement from voting in domestic and European Parliamentary elections. Judges: Burton J Citations: [2009] EWHC 2923 (Admin), [2010] HRLR 6, [2010] UKHRR 317, [2010] ACD 28 Links: Bailii Statutes: Representation of the People Act 1983 3, European Parliamentary … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Oct 2009

McCaughey and Quinn, Re Judicial Review: QBNI 23 Sep 2009

The claimants sought leave to apply for Judicial Review of a decision of the Coroner in relation to the Inquests yet to be held into the deaths in 1990 of Martin McCaughey and Dessie Grew at the hands of members of the security forces. The claimants had been refused an undertaking by the coroner that … Continue reading McCaughey and Quinn, Re Judicial Review: QBNI 23 Sep 2009

Zashevi v Bulgaria: ECHR 2 Dec 2010

Citations: 19406/05, [2010] ECHR 1847 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.426846

Vrabec v Slovakia: ECHR 30 Nov 2010

Citations: 1941/06, [2010] ECHR 1902 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.426832

Vislobokov And Gordon v Russia: ECHR 7 Jul 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 31578/10, [2022] ECHR 565 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.679037

Crompton v The United Kingdom: ECHR 27 Oct 2009

The applicant had joined the Territorial Army as a pay and accounts clerk but was made redundant. He claimed redress in respect of his redundancy from his Commanding Officer. There then followed a prolonged series of proceedings which took eleven years to reach their conclusion before he achieved a settlement of his claim. He contended … Continue reading Crompton v The United Kingdom: ECHR 27 Oct 2009

Aleksei Pervushin And Others v Estonia: ECHR 29 Sep 2009

Citations: 54091/08, [2009] ECHR 1578 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Aleksei Pervushin And Others v Estonia 2-Mar-2010 . .See Also – Aleksei Pervushin And Others v Estonia 7-Dec-2010 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 04 … Continue reading Aleksei Pervushin And Others v Estonia: ECHR 29 Sep 2009

Paulic v Croatia: ECHR 22 Oct 2009

The State re-acquired a former Yugoslavian Army flat and brought a civil action seeking the applicant’s eviction on the basis that he never obtained a specially protected tenancy under domestic law. The Croatian court ordered his eviction. Held: The national court had not analysed the proportionality of the measure, and had breached Article 8: ‘In … Continue reading Paulic v Croatia: ECHR 22 Oct 2009

Jain and another v The United Kingdom: ECHR 16 Sep 2009

Citations: 39598/09, [2009] ECHR 1391 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007 The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the … Continue reading Jain and another v The United Kingdom: ECHR 16 Sep 2009

Robert W Greens v The United Kingdom: ECHR 27 Aug 2009

Citations: 60041/08, [2009] ECHR 1274 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Greens v Her Majesty’s Advocate HCJ 12-Sep-2007 The defendant appealed against his sentence of seventeen years’ imprisonment for a violent rape. . . Cited by: See Also – Greens v The United Kingdom ECHR 23-Nov-2010 The applicants alleged … Continue reading Robert W Greens v The United Kingdom: ECHR 27 Aug 2009

Rabone and Another v Pennine Care NHS Trust: QBD 23 Jul 2009

The claimant’s daughter had been a voluntary patient at a mental hospital. She committed suicide when on home leave from a secure ward. The claimant now said that the hospital had acted incompatibly with their daughter’s human rights, in releasing her when she needed care. Held: The claim failed. Since Melanie was a voluntary mental … Continue reading Rabone and Another v Pennine Care NHS Trust: QBD 23 Jul 2009

Tanase And Chirtoaca v Moldova: ECHR 18 Nov 2008

The applicants challenged a law which prevented them standing as candidates in elections. Citations: 7/08, [2008] ECHR 1468, [2010] ECHR 446 Links: Bailii, Bailii Statutes: European Convention on Human Rights P1A3 Jurisdiction: Human Rights Cited by: Cited – Barclay and Others, Regina (on The Application of) v Secretary of State for Justice and Others SC … Continue reading Tanase And Chirtoaca v Moldova: ECHR 18 Nov 2008

Copland v The United Kingdom: ECHR 3 Apr 2007

The applicant had been an employee. In the course of a dispute with her employer, she discovered that the principal had been collecting information about her telephone calls, emails and internet usage. Held: The collection of such material without any explicit legal power by her employer, as a statutory body, was an abuse of her … Continue reading Copland v The United Kingdom: ECHR 3 Apr 2007

Associated Society of Locomotive Engineers and Firemen (Aslef) v The United Kingdom: ECHR 27 Feb 2007

The Union complained that it had not been allowed to expel from its membership a member of the far right BNP party. They said that his views were incompatible with the union’s stated objectives. There was no related closed shop. Held: The provisions were an interference with the Union’s right of free association, and the … Continue reading Associated Society of Locomotive Engineers and Firemen (Aslef) v The United Kingdom: ECHR 27 Feb 2007

Clement v France: ECHR 15 Sep 2010

Citations: 37876/0, [2010] ECHR 1877 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.426924