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Liberal Party v United Kingdom: ECHR 18 Dec 1980

Article 25 of the Convention a) A political party, as a gathering of people with a common interest, can be considered as a non governmental organisation or a group of individuals ; b) Can a political party, as such, be considered as a victim of a violation of Article 3 of the first protocol? (Question … Continue reading Liberal Party v United Kingdom: ECHR 18 Dec 1980

Martinie v France: ECHR 15 Sep 2010

[2010] ECHR 1885 Bailii European Convention on Human Rights Human Rights Citing: See Also – Martinie v France ECHR 12-Apr-2006 The Grand Chamber said: ‘The Court reiterates that the public character of proceedings before the judicial bodies referred to in art 6(1) protects litigants against the administration of justice in secret with no public scrutiny; … Continue reading Martinie v France: ECHR 15 Sep 2010

Mosley v News Group Newspapers Ltd: QBD 9 Apr 2008

The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website. Held: A claimant’s Article 8 rights may be engaged even where the information in question has been previously publicised. Eady J [2008] EWHC 687 (QB) Bailii European Convention on Human Rights 8 England and Wales Cited … Continue reading Mosley v News Group Newspapers Ltd: QBD 9 Apr 2008

Chief Constable and Another v YK and Others: FD 6 Oct 2010

The court gave directions in Forced Marriage Protection order applications. An order had been made at the request of the police on behalf of A, and the court had declined to discharge it on A’s own application. Held: Special advocates were not needed in this case; ‘there is nothing that a special advocate could do … Continue reading Chief Constable and Another v YK and Others: FD 6 Oct 2010

Brooks, Regina (on The Application of) v The Independent Adjudicator and Another: CA 28 Oct 2016

Appeal by the Secretary of State from an order declaring that the detention of the claimant for a period of 11 days following the expiry of the custodial element of a sentence imposed upon him in the Crown Court was a breach of his rights protected by Article 5(1) of European Convention on Human Rights … Continue reading Brooks, Regina (on The Application of) v The Independent Adjudicator and Another: CA 28 Oct 2016

Smith v Lancashire Teaching Hospitals NHS Trust and Another: QBD 8 Sep 2016

The claimant had cohabited with the deceased: ‘The claimant seeks a declaration in one of two alternative forms: i) Pursuant to s.3 of the Human Rights Act 1998 . . that s.1A(2)(a) of the Fatal Accidents Act 1976 . . is to be read as including cohabitees who were living with the deceased in the … Continue reading Smith v Lancashire Teaching Hospitals NHS Trust and Another: QBD 8 Sep 2016

Ashingdane v The United Kingdom: ECHR 28 May 1985

The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place according to the needs and resources of the community and of … Continue reading Ashingdane v The United Kingdom: ECHR 28 May 1985

Jain and another v The United Kingdom: ECHR 9 Mar 2010

The applicants ran a Registered Nursing Home. The health authority, having concerns about its elderly residents, brought an ex parte application under section 30 of the Registered Homes Act 1984 for an order cancelling the Certificate of Registration. The application was successful and the applicants’ Certificate of Registration was cancelled with immediate effect. The applicants … Continue reading Jain and another v The United Kingdom: ECHR 9 Mar 2010

Mackay and BBC Scotland v United Kingdom: ECHR 7 Dec 2010

Lech Garlicki, P [2010] ECHR 1968, (2011) 53 EHRR 19, 10734/05 Bailii European Convention on Human Rights Citing: See Also – Mackay and BBC Scotland v United Kingdom ECHR 17-Mar-2008 . . See Also – Mackay And BBC Scotland v United Kingdom ECHR 14-Oct-2009 . . Cited by: Cited – A v British Broadcasting Corporation … Continue reading Mackay and BBC Scotland v United Kingdom: ECHR 7 Dec 2010

McCaughey and Another, Re Application forJudicial Review: SC 18 May 2011

The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. The applicants believed this would require a further investigation of the … Continue reading McCaughey and Another, Re Application forJudicial Review: SC 18 May 2011

Bellinger v Bellinger: HL 10 Apr 2003

Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003

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

DFT v TFD: QBD 27 Sep 2010

The court heard an application for an injunction to restrain publication of material relating to the claimant’s private and sexual life. Held: An injunction restraining publication and identification, but not an order restraining publication of the order itself was made. Sharp J said: ‘[Counsel for the Claimant] submits that looking at the matter from the … Continue reading DFT v TFD: QBD 27 Sep 2010

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

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