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Johns and Another, Regina (on The Application of) v Derby City Council and Another: Admn 28 Feb 2011

The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be homosexual. A declaration was sought as to the legality of the proposed decision. Held: A … Continue reading Johns and Another, Regina (on The Application of) v Derby City Council and Another: Admn 28 Feb 2011

Kingsley v The United Kingdom (No 2): ECHR 28 May 2002

The finding that a party had been denied a fair trial may of itself be sufficient compensation. The applicant had been excluded from management of licensed casinos. The appeal board had been found to have given the appearance of bias against him. ‘The Court recalls that it is well established that the principle underlying the … Continue reading Kingsley v The United Kingdom (No 2): ECHR 28 May 2002

Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008

The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and claimed in breach of confidence. Held: ‘The law [of confidence] now affords protection … Continue reading Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008

K v Central and North West London Mental Health NHS Trust and Another: QBD 30 May 2008

The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act. Held: The case should be allowed to go ahead. Though the common law tort of negligence is still … Continue reading K v Central and North West London Mental Health NHS Trust and Another: QBD 30 May 2008

Domazyan v Armenia 228: ECHR 25 Feb 2016

22558/07 (Judgment (Merits and Just Satisfaction) : Court (First Section)), [2016] ECHR 228 Bailii European Convention on Human Rights Human Rights Cited by: See Also – Domazyan v Armenia 220 ECHR 25-Feb-2016 ECHR Judgment Merits and Just Satisfaction : Court First Section . . Lists of cited by and citing cases may be incomplete. Human … Continue reading Domazyan v Armenia 228: ECHR 25 Feb 2016

Axen v Germany: ECHR 8 Dec 1983

‘The public character of proceedings before the judicial bodies referred to in Article 6(1) protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts, superior and inferior, can be maintained. By rendering the administration of justice visible, publicity contributes to … Continue reading Axen v Germany: ECHR 8 Dec 1983

Kopp v Switzerland: ECHR 25 Mar 1998

WCHR Switzerland – monitoring of a law firm’s telephone lines on orders of the Federal Public Prosecutor (sections 66(1 bis) and 77 of the Federal Criminal Procedure Act – ‘the FCPA’)A lawyer’s home telephone was tapped in an investigation of whether his wife was disclosing confidential information from the Department of Justice where she worked … Continue reading Kopp v Switzerland: ECHR 25 Mar 1998

Mellacher and Others v Austria: ECHR 19 Dec 1989

The case concerned restrictions on the rent that a property owner could charge. The restrictions were applied to existing leases. It was said that the restrictions brought into play the second paragraph of Article 1 of the First Protocol to the Convention. Held: The second paragraph reserves to States the right to enact such laws … Continue reading Mellacher and Others v Austria: ECHR 19 Dec 1989

AC (Pakistan) v Secretary of State for the Home Department: CA 9 Apr 2008

Application for permission to appeal against a dismissal of appeal from decision of Secretary of State to remove the appellant as an overstayer. Removal would contravene his rights under Article 8 of the European Convention on Human Rights. [2008] EWCA Civ 509 Bailii European Convention on Human Rights 8 England and Wales Immigration, Human Rights … Continue reading AC (Pakistan) v Secretary of State for the Home Department: CA 9 Apr 2008

Unterpertinger v Austria: ECHR 24 Nov 1986

The defendant was convicted of causing actual bodily harm, mainly on the basis of statements which his wife and daughter had given to the police. His wife and daughter took advantage of their right not to give evidence at his trial and so could not be cross-examined on their statements. Held: Where a conviction is … Continue reading Unterpertinger v Austria: ECHR 24 Nov 1986

Mott, Regina (on The Application of) v Environment Agency: SC 14 Feb 2018

The Court considered the legality under the European Convention on Human Rights of licensing conditions imposed by the Environment Agency restricting certain forms of salmon-fishing in the Severn Estuary. The claimant operated a licensed putcher rank salmon fishing business. Held: The Agency’s appeal failed. The judge’s reasoning was correct. He had not find it necessary … Continue reading Mott, Regina (on The Application of) v Environment Agency: SC 14 Feb 2018

Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015

The court was asked: ‘(1) Do rights under Article 8 of the European Convention on Human Rights and Fundamental Freedoms 1950 (ECHR) survive the making of an adoption order? (2) Did the coming into force in April 2014 of s. 51A Adoption and Children Act 2002 (ACA 2002), which allows the court to make a … Continue reading Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015

Pindstrup Mosebrug A/S v Denmark: ECHR 3 Jun 2008

Restrictions had been imposed on the commercial exploitation of a peat bog, regarded as geologically and biologically unique. Held: The claim was inadmissible. The effect on the claimants was not unduly severe, having regard to the findings that they had not invested in production facilities for the purpose of exercising their extraction rights at the … Continue reading Pindstrup Mosebrug A/S v Denmark: ECHR 3 Jun 2008

Abbasi and Another (Visits – Bereavement – Article 8): UTIAC 29 Jul 2015

UTIAC 1. The refusal of a visa to foreign nationals seeking to enter the United Kingdom for a finite period for the purpose of mourning with family members the recent death of a close relative and visiting the grave of the deceased is capable of constituting a disproportionate interference with the rights of the persons … Continue reading Abbasi and Another (Visits – Bereavement – Article 8): UTIAC 29 Jul 2015

Mehdiyev v Azerbaijan: ECHR 18 Jun 2015

Article 3 Effective investigation Failure to take action in response to complaints concerning the alleged ill-treatment of a journalist: violation Facts – In 2007 the applicant, a journalist, published two articles critical of the situation in the Nakhchivan Autonomous Republic (‘the NAR’). The subsequent events are in dispute. According to the applicant, on 22 September … Continue reading Mehdiyev v Azerbaijan: ECHR 18 Jun 2015

S v The United Kingdom; Marper v The United Kingdom: ECHR 4 Dec 2008

(Grand Chamber) The court commented that ‘in determining whether the personal information retained by the authorities involves any of the private-life aspects mentioned above, the court will have due regard to the specific context in which the information at issue has been recorded and retained, the nature of the records, the way in which these … Continue reading S v The United Kingdom; Marper v The United Kingdom: ECHR 4 Dec 2008

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

Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006

The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about twenty minutes or more before being allowed to continue. An authorisation had been granted by an … Continue reading Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006

T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014

T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to disclose the warnings given to him violated the same right. Held: The … Continue reading T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014

Malone v The United Kingdom: ECHR 2 Aug 1984

COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in ‘accordance with law’. The taps were based on a non-binding and unpublished directive from … Continue reading Malone v The United Kingdom: ECHR 2 Aug 1984