Search Results for: European Convention on Human Rights 8 12

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Kozlov v Ukraine: ECHR 12 Jul 2007

Citations: 11084/03, [2007] ECHR 589 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 August 2022; Ref: scu.258244

Fumal v Belgium: ECHR 12 Jul 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 76985/12, [2022] ECHR 583 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 August 2022; Ref: scu.679142

Kray v Ukraine: ECHR 12 Jul 2007

Citations: 25426/03, [2007] ECHR 592 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 August 2022; Ref: scu.258246

Ceachir v Moldova: ECHR 15 Jan 2008

Citations: 11712/04, [2008] ECHR 36 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 August 2022; Ref: scu.264307

Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord Advocate now appealed. Held: The question was a devolution issue, being ‘a question … Continue reading Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

Magee And Others v The United Kingdom: ECHR 12 May 2015

ECHR Article 5-3 Brought promptly before judge or other officer Inability of judge to address issue of conditional release in early stages of detention: inadmissible Facts – The applicants were arrested on suspicion of involvement in the murder of a police officer. They were brought, 48 hours later, before a County Court judge who reviewed … Continue reading Magee And Others v The United Kingdom: ECHR 12 May 2015

Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010

The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. Judges: Mummery, Maurice Kay, Hooper LJJ Citations: [2010] EWCA Civ 212 Links: Bailii Statutes: British Nationality Act 1981 40(4) Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010

Bugayev v Ukraine: ECHR 29 May 2008

Citations: 26168/04, [2008] ECHR 464 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 August 2022; Ref: scu.268122

Gorin v Ukraine: ECHR 12 Jul 2007

Citations: 24380/03, [2007] ECHR 591 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 August 2022; Ref: scu.258234

Kotlyar v Russia: ECHR 12 Jul 2022

ECHR Judgment : Remainder inadmissible : Third Section Citations: 38825/16, [2022] ECHR 581 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 August 2022; Ref: scu.679143

X v Croatia: ECHR 17 Jul 2008

Citations: 11223/04, [2008] ECHR 641 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 August 2022; Ref: scu.272747

Krivtsova v Russia: ECHR 12 Jul 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 35802/16, [2022] ECHR 582 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 August 2022; Ref: scu.679144

Magee v The United Kingdom: ECHR 7 Nov 2012

The claimant challenged the compatibility of section 41 of the 2000 Act with article 5. The section allowed for longer periods of detention by police on application to the Magistrates. Citations: 29891/12 – HECOM, [2012] ECHR 1970 Links: Bailii Statutes: European Convention on Human Rights 5, Terrorism Act 2000 41(3) Jurisdiction: Human Rights Human Rights, … Continue reading Magee v The United Kingdom: ECHR 7 Nov 2012

Launder v The United Kingdom: ECHR 8 Dec 1997

The Commission considered the admissibility of a complaint that the United Kingdom would violate articles 2, 3, 5, 6 and 8 if it extradited him to the Hong Kong Special Administrative Region. Held: The application was manifestly ill-founded: ‘The Commission considers that it is only in exceptional circumstances that the extradition of a person to … Continue reading Launder v The United Kingdom: ECHR 8 Dec 1997

Craciun v Romania: ECHR 30 Sep 2008

Citations: 5512/02, [2008] ECHR 953 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 August 2022; Ref: scu.276575

Matviyets v Russia: ECHR 12 Jun 2008

Citations: 38999/05, [2008] ECHR 564 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 August 2022; Ref: scu.270662

Brauer v Germany: ECHR 28 Jan 2010

Just satisfaction – friendly settlement Judges: Peer Lorenzen, P Citations: 3545/04, [2010] ECHR 74 Links: Bailii Statutes: European Convention on Human Rights 8 Citing: See Also – Brauer v Germany ECHR 28-May-2009 The applicant was born outside marriage in 1948 in East Germany and claimed a share of the estate of her father, who had … Continue reading Brauer v Germany: ECHR 28 Jan 2010

Field, Regina v: CACD 12 Dec 2002

The Court was asked whether a disqualification order could be made under Section 28 of the 2000 Act, disqualifying an adult from working with children, based on an offence committed before the 2000 Act came into force. Held: A relatively relaxed approach was required. The conviction was a gateway criterion for the making of an … Continue reading Field, Regina v: CACD 12 Dec 2002

Gillan and Quinton v The United Kingdom: ECHR 12 May 2009

(Admissibility and Summary) Citations: [2009] ECHR 755, 4158/05 Links: Bailii Statutes: Terrorism Act 2000 44, European Convention on Human Rights 5 8 10 Jurisdiction: Human Rights Citing: At First Instance – Gillan and Another, Regina (on the Application of) v Commissioner of the Police for the Metropolis and Another Admn 31-Oct-2003 The applicants challenged by … Continue reading Gillan and Quinton v The United Kingdom: ECHR 12 May 2009

Majcher v Poland: ECHR 8 Apr 2008

Citations: 12193/02, [2008] ECHR 284 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 August 2022; Ref: scu.267314

Nadezhkin v Russia: ECHR 12 Jun 2008

Citations: 42940/02, [2008] ECHR 508 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 August 2022; Ref: scu.270110

Brandstetter v Austria: ECHR 28 Aug 1991

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; No violation of Art. 6-1+6-3-d; No violation of Art. 6-3-c; Pecuniary damage – claim rejected; Non-pecuniary damage – claim rejected; Costs and expenses award – Convention proceedings. Citations: 11170/84, [1991] ECHR 39, 12876/87, 13468/87 Links: Worldlii, Bailii Statutes: European Convention … Continue reading Brandstetter v Austria: ECHR 28 Aug 1991

BS v Spain: ECHR 24 Jul 2012

A woman who was black and a prostitute established a ground of discrimination contrary to article 14 by reference to the interaction of all three factors Citations: 47159/08 – CLIN, [2012] ECHR 1904 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – A and B, Regina (on The Application … Continue reading BS v Spain: ECHR 24 Jul 2012

Bergmann v Estonia: ECHR 29 May 2008

Citations: 38241/04, [2008] ECHR 465 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 August 2022; Ref: scu.268120

Testa v Croatia: ECHR 12 Jul 2007

Citations: 20877/04, [2007] ECHR 596 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 August 2022; Ref: scu.258280

G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008

The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law. Held: The claim failed. The legislative objectives were sufficiently serious to support as rational the imposition of the rules. Having a mental illness is not a … Continue reading G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008

Yerogova v Russia: ECHR 19 Jun 2008

Citations: 77478/01, [2008] ECHR 537 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 August 2022; Ref: scu.270124

Kurinnyy v Russia: ECHR 12 Jun 2008

Citations: 36495/02, [2008] ECHR 505 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 August 2022; Ref: scu.270101

Krawczak v Poland: ECHR 8 Apr 2008

Citations: 40387/06, [2008] ECHR 280 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 August 2022; Ref: scu.267312

IR and GT v The United Kingdom: ECHR 28 Jan 2014

Judges: Ineta Ziemele, P Citations: 63339/12 – Admissibility Decision, [2014] ECHR 340, 14876/12 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – IR and GT v The United Kingdom (Dec) ECHR 28-Jan-2014 ECHR Article 8 Expulsion Exclusion orders based on undisclosed national security grounds: inadmissible Facts – The case … Continue reading IR and GT v The United Kingdom: ECHR 28 Jan 2014

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

Nicklinson, Regina (on The Application of) v Ministry of Justice: Admn 16 Aug 2012

The claimants each suffered ‘locked in syndrome’ after catastrophic health events, and were unable to commit suicide as they would have wished. In one case, the claimant would have needed assistance to travel to a clinic in Switzerland where he could commit suicide, but the person accompanying and helping him would be at risk of … Continue reading Nicklinson, Regina (on The Application of) v Ministry of Justice: Admn 16 Aug 2012

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

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

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

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

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

Atalay v Turkey: ECHR 18 Sep 2008

Citations: 1249/03, [2008] ECHR 850 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.276565

Uzarowicz v Poland: ECHR 12 Oct 2010

Citations: 24523/08, [2010] ECHR 1499 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.425093

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

Timo Lahr V Germany: ECHR 1 Jul 2008

Citations: 16912/05, [2008] ECHR 805 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.272740

Musayeva v Russia: ECHR 3 Jul 2008

Citations: 12703/02, [2008] ECHR 586 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.270683

Elezi v Germany: ECHR 12 Jun 2008

Citations: 26771/03, [2008] ECHR 513 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.270087

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

Maruseva v Russia: ECHR 29 May 2008

Citations: 28602/02, [2008] ECHR 461 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.268125

Busch v Luxembourg: ECHR 12 Apr 1996

Citations: 24637/94, [1996] ECHR 89 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.440302