Search Results for: European Convention on Human Rights 6-1

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Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Garcia Mateos v Spain: ECHR 19 Feb 2013

ECHR Article 14DiscriminationFailure to enforce a judgment acknowledging gender discrimination against a working mother: violationFacts – In February 2003, relying on the labour regulations, the applicant asked her employer for a reduction in her working hours as she had custody of her son, who was under the six-year age-limit. When her employer refused, she brought … Continue reading Garcia Mateos v Spain: ECHR 19 Feb 2013

Mitrinovski v The Former Yugoslav Republic Of Macedonia: ECHR 30 Apr 2015

ECHR Article 6-1 Impartial tribunal Impartiality of tribunal in professional misconduct proceedings against a judge: violation Facts – The applicant was a former judge who was removed from office by a decision of the plenary of the State Judicial Council (SJC) on 19 April 2011 that he had been guilty of professional misconduct. In his … Continue reading Mitrinovski v The Former Yugoslav Republic Of Macedonia: ECHR 30 Apr 2015

Golder v The United Kingdom: ECHR 21 Feb 1975

G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975

Fociac v Romania: ECHR 3 Feb 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

Beller v Poland: ECHR 1 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

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 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

Fehr 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

Quemar v France: ECHR 1 Feb 2005

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 dismissed; Costs and expenses partial award – Convention proceedings. Citations: 69258/01, [2005] ECHR 49 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: … Continue reading Quemar v France: ECHR 1 Feb 2005

Kolasinski v Poland: ECHR 1 Feb 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. 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

Riepl v Austria: ECHR 3 Feb 2005

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

Indra v Slovakia: ECHR 1 Feb 2005

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

Frangy v France: ECHR 1 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 6-1 concerning access to investigation files; Violation of Art. 6-1 concerning length of proceedings; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim dismissed; Costs and expenses partial award – Convention proceedings. Citations: 42270/98, [2005] ECHR 46 Links: Worldlii, Bailii Statutes: … Continue reading Frangy v France: ECHR 1 Feb 2005

Thaler v Austria: ECHR 3 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

Cudak v Lithuania: ECHR 23 Mar 2010

Grand Chamber – The applicant alleged that there had been a violation of her right of access to a court, as guaranteed by Article 6-1 of the Convention.The applicant was a secretary and switchboard operator employed in the Polish embassy in Vilnius, Lithuania. The Supreme Court of Lithuania’s decision was based on the Strasbourg court’s … Continue reading Cudak v Lithuania: ECHR 23 Mar 2010

Treial v Estonia: ECHR 2 Dec 2003

Hudoc 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 dismissed ; Costs and expenses partial award – Convention proceedings Citations: 48129/99, [2003] ECHR 629, [2003] ECHR 633 Links: Worldllii, Bailii Statutes: European Convention on … Continue reading Treial v Estonia: ECHR 2 Dec 2003

Langborger v Sweden: ECHR 22 Jun 1989

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedingsThe involvement of two lay assessors, who were appointed by the Landlord’s Association and by the Tenant’s Association violated Article 6 as both those two bodies had … Continue reading Langborger v Sweden: ECHR 22 Jun 1989

Krzak v Poland: ECHR 6 Apr 2004

ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Inadmissible under Art. 6-1 with regard to criminal proceedings ; Inadmissible with regard to the second applicant ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected Citations: 51515/99, [2004] ECHR 136, [2004] … Continue reading Krzak v Poland: ECHR 6 Apr 2004

Ahmet Koc v Turkey: ECHR 22 Jun 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Violation of Art. 6-1 with regard to the lack of independence and impartiality ; Non-pecuniary damage – financial award ; Costs and expenses partial award Citations: 32580/96 Statutes: European Convention on Human Rights 6-1 Human Rights … Continue reading Ahmet Koc v Turkey: ECHR 22 Jun 2004

Silver And Others v The United Kingdom (Art 50): ECHR 24 Oct 1983

Citations: [1983] 6 EHHR 62, [1983] ECHR 11, 7113/75, 7136/75, 5947/72, 6205/73, 7052/75, 7061/75, 7107/75 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 8 13 Jurisdiction: Human Rights Citing: See Also – Silver And Others v The United Kingdom ECHR 25-Mar-1983 There had been interference with prisoners’ letters by prison authorities. The Commission … Continue reading Silver And Others v The United Kingdom (Art 50): ECHR 24 Oct 1983

Silver And Others v The United Kingdom: ECHR 25 Mar 1983

There had been interference with prisoners’ letters by prison authorities. The Commission considered Standing Orders and Circular Instructions in relation to restrictions on correspondence. The rules were not available to prisoners and were restrictive. Held: ‘it is true that those applicants who were in custody may have experienced some annoyance and sense of frustration as … Continue reading Silver And Others v The United Kingdom: ECHR 25 Mar 1983

Muller v Switzerland: ECHR 5 Nov 2002

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedings 41202/98, [2002] ECHR 709 Worldlii, Bailii European Convention on Human Rights 6-1 Human Rights Human Rights Updated: 01 January 2022; Ref: scu.177897

Surek v Turkey (No 1): ECHR 8 Jul 1999

Hudoc Grand Chamber – Judgment (Merits and just satisfaction) No violation of Art. 10; Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedingsThe applicant was the major shareholder a Turkish company owning a weekly review entitled Haberde … Continue reading Surek v Turkey (No 1): ECHR 8 Jul 1999

Al-Dulimi and Montana Management Inc v Switzerland: ECHR 23 Jul 2012

ECHR Information note – Article 6-1 Access to court Sanctions imposed on applicants on basis of UN Security Council resolutions: communicated The first applicant is an Iraqi national who lives in Jordan and manages a company incorporated under Panamanian law and based in Panama (the second applicant). After the invasion of Kuwait by Iraq in … Continue reading Al-Dulimi and Montana Management Inc v Switzerland: ECHR 23 Jul 2012

Hoon v The United Kingdom (Dec): ECHR 13 Nov 2014

ECHR Article 8-1 Respect for private life Publication of parliamentary investigation into conduct of former Minister: inadmissible Article 6 Civil proceedings Article 6-1 Civil rights and obligations Complaints relating to parliamentary investigation into conduct of former Minister: inadmissible Facts – The case concerned the investigation by parliamentary authorities into the applicant, a former government minister, … Continue reading Hoon v The United Kingdom (Dec): ECHR 13 Nov 2014

Armstrong v The United Kingdom: ECHR 9 Dec 2014

ECHR Criminal proceedings Article 6-1 Impartial tribunal Police officers’ participation on jury in case where police evidence was undisputed: no violation Facts – The applicant was convicted of murder by a jury which contained one retired police officer and one serving police officer. Both officers had informed the court of their status. The retired officer … Continue reading Armstrong v The United Kingdom: ECHR 9 Dec 2014

Panju v Belgium: ECHR 28 Oct 2014

ECHR The applicant alleged, in particular a violation of Article 6-1 of the Convention on account of the excessive length of criminal proceedings. He also complains of the ineffectiveness of the remedy to enforce this complaint (Article 13). Guido Raimondi, P 18393/09 – Chamber Judgment, [2014] ECHR 1153 Bailii European Convention on Human Rights 6-1 … Continue reading Panju v Belgium: ECHR 28 Oct 2014

Rosiianu v Romania: ECHR 24 Jun 2014

ECHR Article 10-1 Freedom to impart information Freedom to receive information Non-enforcement of final court decisions granting to a journalist, the right to receive information of public character of the national authorities: violation Article 6 Civil proceedings Enforcement proceedings Article 6-1 Access to court Non-enforcement of final court decisions granting to a journalist, the right … Continue reading Rosiianu v Romania: ECHR 24 Jun 2014

Azienda Agricola Silverfunghi Sas v Italy: ECHR 24 Jun 2014

ECHR Article 6 Civil proceedings Article 6-1 Fair hearing Legislative interference in pending judicial proceedings through retroactive legislation: violation Article 1 of Protocol No. 1 Article 1 para. 2 of Protocol No. 1 Control of the use of property Legislative interference with property right through retroactive legislation aimed at decreasing public expenditure: no violation Facts … Continue reading Azienda Agricola Silverfunghi Sas v Italy: ECHR 24 Jun 2014

Andelkovic v Serbia: ECHR 9 Apr 2013

ECHR Article 6-1Fair hearingArbitrary domestic decision amounting to denial of justice: violationFacts – In 2004 the applicant instituted civil proceedings against his employer, who was in financial difficulty, for outstanding holiday pay. The applicant’s claim was granted at first instance in line with the applicable labour law and collective agreements, but the judgment was reversed … Continue reading Andelkovic v Serbia: ECHR 9 Apr 2013

Amin v The United Kingdom And 1 Other Application: ECHR 10 Jul 2012

amin_ukECHR072012 ECHR The applicants were arrested and detained in Pakistan in 2004 before being deported to the United Kingdom, where they were tried and convicted of involvement in terrorism. The applicants complained that the Pakistani authorities tortured them in detention and that British agents were complicit in these acts, knowing that the applicants were being … Continue reading Amin v The United Kingdom And 1 Other Application: ECHR 10 Jul 2012

Nataliya Mikhaylenko v Ukraine (LS): ECHR 30 May 2013

ECHR Civil proceedingsArticle 6-1Access to courtLack of access to court for person seeking restoration of her legal capacity: violationFacts – In 2007 the applicant was deprived of her legal capacity on the grounds that she was suffering from a serious mental illness. Gradually, her mental health improved. In 2009 her guardian applied for her legal … Continue reading Nataliya Mikhaylenko v Ukraine (LS): ECHR 30 May 2013

Ibrahim And Others v The United Kingdom: ECHR 16 Dec 2014

The applicants alleged a violation of Article 6-1 and 3 (c) in that they had been interviewed by the police without access to a lawyer and that the evidence obtained from those interviews was used at their respective trials. Held: As to the first three claimants: ‘the applicants, not the prosecution, brought the safety interview … Continue reading Ibrahim And Others v The United Kingdom: ECHR 16 Dec 2014

Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981

Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have been imposed on the applicants (warning, censure and reprimand . .), the suspension of which they complained undoubtedly constituted a direct and … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981

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

Spiller and Another v Joseph and Others: SC 1 Dec 2010

The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010

Steck-Risch and Others v Liechtenstein: ECHR 19 May 2005

ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 6-1 (tribunal); Violation of Art. 6-1 (proceedings); Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 63151/00, [2005] ECHR 309, [2005] ECHR 309 Links: Worldlii, Bailii … Continue reading Steck-Risch and Others v Liechtenstein: ECHR 19 May 2005

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

PG and JH v The United Kingdom: ECHR 25 Sep 2001

The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to disclose all relevant evidence to the defence. In this case the … Continue reading PG and JH v The United Kingdom: ECHR 25 Sep 2001

Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013

ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013

Ibrahim Gurkan v Turkey: ECHR 3 Jul 2012

Citations: 10987/10 (Judgment (Merits and Just Satisfaction)), [2012] ECHR 1367 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Ibrahim Gurkan v Turkey (CLIN) ECHR 3-Jul-2012 ECHR Article 6 Criminal proceedings Article 6-1 Impartial tribunal Independent tribunal Participation of serving military officer in military criminal court: violation Facts – . … Continue reading Ibrahim Gurkan v Turkey: ECHR 3 Jul 2012

Legillon v France: ECHR 10 Jan 2013

ECHR Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Agnelet v. France, no. 61198/08, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for … Continue reading Legillon v France: ECHR 10 Jan 2013

Agnelet v France: ECHR 10 Jan 2013

Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Legillon v. France, no. 53406/10, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for murder. … Continue reading Agnelet v France: ECHR 10 Jan 2013

Selmouni v France: ECHR 25 Nov 1996

Citations: [1996] ECHR 100, 25803/94 Links: Bailii Statutes: European Convention on Human Rights 3 Cited by: Cited – Selmouni v France ECHR 28-Jul-1999 Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – . .Cited – Selmouni … Continue reading Selmouni v France: ECHR 25 Nov 1996

Selmouni v France: ECHR 3 Dec 2009

Execution of judgment Citations: [2009] ECHR 2250, 25803/94, [2009] ECHR 2250 Links: Bailii, Bailii Statutes: European Convention on Human Rights 3 Citing: Cited – Selmouni v France ECHR 25-Nov-1996 . . Judgment – Selmouni v France ECHR 28-Jul-1999 Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. … Continue reading Selmouni v France: ECHR 3 Dec 2009

Giuseppina And Orestina Procaccini v Italy: ECHR 29 Mar 2006

The complainants said that the damages awarded for the delay in hearing their civil case were derisory. Judges: L Wildhaber, P Citations: [2006] ECHR 274 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: Cited – Giuseppina And Orestina Procaccini v Italy ECHR 10-Nov-2004 ECHR (French Text) Judgment (Merits and Just Satisfaction) – Preliminary … Continue reading Giuseppina And Orestina Procaccini v Italy: ECHR 29 Mar 2006

Ibrahim Gurkan v Turkey (CLIN): ECHR 3 Jul 2012

ECHR Article 6 Criminal proceedings Article 6-1 Impartial tribunal Independent tribunal Participation of serving military officer in military criminal court: violation Facts – In 2008 a military prosecutor filed an indictment against the applicant, who at the time was serving in the Turkish Navy, for wilfully disobeying a superior. A military criminal court composed of … Continue reading Ibrahim Gurkan v Turkey (CLIN): ECHR 3 Jul 2012

Stefanetti And Others v Italy: ECHR 15 Apr 2014

Article 1 of Protocol No. 1 Article 1 para. 1 of Protocol No. 1 Peaceful enjoyment of possessions Loss of two-thirds of old-age pension as a result of introduction of legislation effectively deciding outcome of pending litigation against the State: violation Article 6 Civil proceedings Article 6-1 Fair hearing Introduction of legislation effectively deciding outcome … Continue reading Stefanetti And Others v Italy: ECHR 15 Apr 2014

Juhasz And Others v Hungary: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Violation of Article 6 – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Reasonable time : First Section Committee Citations: 37026/21, [2022] ECHR 894 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681678

Al-Dulimi and Montana Management In. v Switzerland (Legal Summary): ECHR 26 Nov 2013

Article 6 Civil proceedings Article 6-1 Access to court Lack of right of appeal against sanctions imposed on applicants on basis of UN Security Council resolutions: violation Facts – The first applicant is an Iraqi national who lives in Jordan and manages a company incorporated under Panamanian law and based in Panama (the second applicant). … Continue reading Al-Dulimi and Montana Management In. v Switzerland (Legal Summary): ECHR 26 Nov 2013

Le Compte, Van Leuven And De Meyere v Belgium: ECHR 18 Oct 1982

Even where ‘jurisdictional organs of professional associations’ are set up: ‘Nonetheless, in such circumstances the Convention calls at least for one of the two following systems: either the jurisdictional organs themselves comply with the requirements of article 6(1), or they do not so comply but are subject to subsequent control by a judicial body which … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 18 Oct 1982

Baka v Hungary: ECHR 27 May 2014

ECHR Article 6 Civil proceedings Article 6-1 Access to court Inability of Supreme Court President to contest premature termination of his mandate: violation Article 10 Article 10-1 Freedom of expression Premature termination of Supreme Court President’s mandate as a result of views expressed publicly in his professional capacity: violation Facts – The applicant, a former … Continue reading Baka v Hungary: ECHR 27 May 2014

A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to his chosen counsel. Held: The appeal failed. The purpose of a defendant’s … Continue reading Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

SC v The United Kingdom: ECHR 14 Sep 2011

Citations: [2011] ECHR 1670, 60958/00 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – SC v The United Kingdom ECHR 15-Jun-2004 Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses (domestic proceedings) – claim rejected ; … Continue reading SC v The United Kingdom: ECHR 14 Sep 2011

SC v The United Kingdom: ECHR 15 Jun 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; … Continue reading SC v The United Kingdom: ECHR 15 Jun 2004

Gautrin And Others v France: ECHR 20 May 1998

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1 (public hearing); Violation of Art. 6-1 (impartial tribunal); 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: (1998) 28 EHRR 196, … Continue reading Gautrin And Others v France: ECHR 20 May 1998

Goc v Turkey: ECHR 11 Jul 2002

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 on account of the absence of an oral hearing; Violation of Art. 6-1 on account of the non-communication of the opinion of the Principal Public Prosecutor; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedingsThe applicant claimed compensation for alleged false … Continue reading Goc v Turkey: ECHR 11 Jul 2002

Wilkinson and Allen v The United Kingdom: ECHR 6 Feb 2001

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings Citations: 31145/96, 35580/97, [2001] ECHR 84 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 October 2022; Ref: scu.263053

Berlinski v Poland: ECHR 20 Jun 2002

Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3; Violation of Art. 6-1 and 6-3-c; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses – claim rejected Citations: 30209/96, 27715/95, [2002] ECHR 505 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 September … Continue reading Berlinski v Poland: ECHR 20 Jun 2002

Reyes v Al-Malki and Another: SC 18 Oct 2017

The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017

The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and breach of the 1998 Regulations, saying that the statutory exemption of the Embassies from liability … Continue reading Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017