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London Borough of Wandsworth v Vining and Others (Unfair Dismissal: Exclusions Including Worker/Jurisdiction): EAT 18 Dec 2015

REDUNDANCY – Collective consultation and information HUMAN RIGHTS The Court of Appeal in Redbridge London Borough Council v Dhinsa and McKinnon [2014] ICR 834 held that the Council’s Parks Constables were in service as a ‘member of a constabulary maintained by virtue of an enactment’ within the meaning of Employment Rights Act 1996 section 200(2) … Continue reading London Borough of Wandsworth v Vining and Others (Unfair Dismissal: Exclusions Including Worker/Jurisdiction): EAT 18 Dec 2015

Capeau v Belgium: ECHR 8 Jun 2011

42914/98, [2011] ECHR 1253 Bailii European Convention on Human Rights Citing: See Also – Capeau v Belgium ECHR 13-Jan-2005 ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-2; Not necessary to examine Art. 14.The accused had been investigated for suspected arson but discharged by the court on the grounds that . . Lists … Continue reading Capeau v Belgium: ECHR 8 Jun 2011

Mackay And BBC Scotland v United Kingdom: ECHR 14 Oct 2009

[2009] ECHR 1574 Bailii European Convention on Human Rights Citing: See Also – Mackay and BBC Scotland v United Kingdom ECHR 17-Mar-2008 . . Cited by: See Also – Mackay and BBC Scotland v United Kingdom ECHR 7-Dec-2010 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 16 January … Continue reading Mackay And BBC Scotland v United Kingdom: ECHR 14 Oct 2009

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

Mocanu and Others v Romania: ECHR 17 Sep 2014

10865/09 45886/07 32431/08 – Grand Chamber Judgment, [2014] ECHR 1181 Bailii European Convention on Human Rights Human Rights Cited by: Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019 (Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces … Continue reading Mocanu and Others v Romania: ECHR 17 Sep 2014

Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 19 Mar 2014

In 1948, there had been an incident in what later became part of Malaysia, in a counter insurgency patrol, when 24 civilians were said to have been killed by a patrol from the Scots Guards. The claimant now appealed against the refusal of a further inquiry. Held: The appeal failed. Maurice Kay, Rimer, Fulford LJJ … Continue reading Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 19 Mar 2014

Sher And Others v The United Kingdom: ECHR 13 Nov 2014

[2014] ECHR 1249, 5201/11 Bailii European Convention on Human Rights Human Rights Citing: See Also – Sher And Others v The United Kingdom ECHR 2-Oct-2013 . . Cited by: See Also – Sher And Others v The United Kingdom ECHR 20-Oct-2015 . . Lists of cited by and citing cases may be incomplete. Human Rights … Continue reading Sher And Others v The United Kingdom: ECHR 13 Nov 2014

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

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

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

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

Shahid v Scottish Ministers (Scotland): SC 14 Oct 2015

The appellant convicted of a racially-aggravated vicious murder. Since conviction he had spent almost five years in segregation from other prisoners. The appellant now alleged that some very substantial periods of segregation had been in breach of the prison rules and of his Human Rights. Time limits for authorisation had not been complied with. Held: … Continue reading Shahid v Scottish Ministers (Scotland): SC 14 Oct 2015

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

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

The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

The Sunday Times v The United Kingdom (No 1): ECHR 6 Nov 1980

The Court had held, inter alia, that there had been a breach of Article 10 by reason of an injunction granted against Times Newspapers Limited in accordance with the English law of contempt of court but no breach of Article 14 (art. 14). During the proceedings on the merits, the applicants, without quantifying their claim, … Continue reading The Sunday Times v The United Kingdom (No 1): ECHR 6 Nov 1980

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

Welsh Ministers v PJ: SC 17 Dec 2018

A patient detained under the Mental Health Act 1983 (MHA) may be released from compulsory detention in hospital subject to a community treatment order. The question arising on this appeal is whether a patient’s responsible clinician (may impose conditions in a CTO which amount to the deprivation of his liberty within the meaning of article … Continue reading Welsh Ministers v PJ: SC 17 Dec 2018

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

Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

Movement retsriction was not Liberty Deprivation The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law. Held: The appeal failed. … Continue reading Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

Stevenson, Regina (on The Application of) v Secretary of State for Justice: Admn 18 Mar 2015

Application for judicial review in relation to decisions of the Governor of Her Majesty’s Prison Wakefield and the Secretary of State for Justice that he remain incarcerated at Her Majesty’s Prison Wakefield. Permission to apply for judicial review has been granted on one sole ground, namely that the defendants’ decisions failed to pay proper regard … Continue reading Stevenson, Regina (on The Application of) v Secretary of State for Justice: Admn 18 Mar 2015

WH v Sweden (Striking Out): ECHR 8 Apr 2015

ECHR Grand Chamber – Article 37-1 Striking out applications Order for deportation of a Mandaean woman to Iraq: struck-out following grant of residence permit Article 3 Expulsion Order for deportation of a Mandaean woman to Iraq: struck-out following grant of residence permit Facts – The applicant was an Iraqi woman belonging to the Mandaean minority. … Continue reading WH v Sweden (Striking Out): ECHR 8 Apr 2015

Horvath And Vajnai v Hungary: ECHR 23 Sep 2014

55795/11, 55798/11 – Committee Judgment, [2014] ECHR 1000 Bailii European Convention on Human Rights Human Rights Cited by: See Also – Noe, Vajnai And Bako v Hungary ECHR 23-Sep-2014 The applicants complained under Article 10 of the Convention that their convictions for displaying a red star were a breach of their right to freedom of … Continue reading Horvath And Vajnai v Hungary: ECHR 23 Sep 2014

Noe, Vajnai And Bako v Hungary: ECHR 23 Sep 2014

The applicants complained under Article 10 of the Convention that their convictions for displaying a red star were a breach of their right to freedom of expression. Helen Keller, P 24515/09, 24539/09, 24611/09 – Committee Judgment, [2014] ECHR 995 Bailii European Convention on Human Rights Human Rights Citing: See Also – Horvath And Vajnai v … Continue reading Noe, Vajnai And Bako v Hungary: ECHR 23 Sep 2014

Balsyte-Lideikiene v Lithuania: ECHR 4 Nov 2008

Josep Casadevall, President 72596/010, [2008] ECHR 1195 Bailii European Convention on Human Rights Human Rights Cited by: Cited – Miller v The College of Policing CA 20-Dec-2021 Hate-Incident Guidance Inflexible and Unlawful The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the … Continue reading Balsyte-Lideikiene v Lithuania: ECHR 4 Nov 2008

Grant v The United Kingdom: ECHR 14 Sep 2011

Execution of judgment 32570/03 Bailii European Convention on Human Rights 10 Citing: See Also – Grant v The United Kingdom ECHR 23-May-2006 The applicant, born male, had gender reassignment surgery at the age of 26. When she was approaching her 60th birthday she sought a state pension. This was refused on the grounds that she … Continue reading Grant v The United Kingdom: ECHR 14 Sep 2011

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

Kruskic And Others v Croatia (Dec): ECHR 25 Nov 2014

ECHR Article 8-1 Respect for family life Refusal of claim by grandparents for custody of their grandchildren: inadmissible Facts – The first and second applicants were the grandparents of the third and fourth applicants, who were born in 2006 and 2005 respectively. In 2008 the children’s mother and in 2011 their father left the household … Continue reading Kruskic And Others v Croatia (Dec): ECHR 25 Nov 2014

Larionovs And Tess v Latvia (Dec): ECHR 25 Nov 2014

Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Constitutional complaint on retroactivity of criminal provision on genocide: inadmissible Facts – The applicants were former officials of the then Soviet Socialist Republic of Latvia. In 2003, pursuant to a provision inserted into the Latvian Criminal Code in 1993, they were convicted of crimes contrary to … Continue reading Larionovs And Tess v Latvia (Dec): ECHR 25 Nov 2014

Niedzwiedz v Poland: ECHR 11 Mar 2008

The applicant, a convicted serving prisoner complained that he had not been allowed to vote in presidential and parliamentary elections, and in a referendum on Poland’s accession to the EU. Held: The Court rejected the claims in respect of (i) and (iii) ratione materiae because the A3P1 obligations related to the choice of legislature. Nicolas … Continue reading Niedzwiedz v Poland: ECHR 11 Mar 2008

Aras (No2) v Turkey: ECHR 18 Nov 2014

ECHR Article 6-3-c Defence through legal assistance Lack of effective legal assistance during questioning: violation Article 6-1 Fair hearing Lack of effective legal assistance during questioning: violation Facts – The applicant was arrested on suspicion of qualified fraud. While he was being questioned by the investigating judge, his lawyer was allowed to enter the hearing … Continue reading Aras (No2) v Turkey: ECHR 18 Nov 2014

Hrvatski Lijecnicki Sindikat v Croatia: ECHR 27 Nov 2014

ECHR Article 11-1 Freedom of peaceful assembly Trade union prevented from holding a strike for almost four years: violation Facts – The applicant was a trade union of medical practitioners. In 2004 it and other trade unions concluded a collective agreement for the health-care sector with the Government. On the same day, the applicant union … Continue reading Hrvatski Lijecnicki Sindikat v Croatia: ECHR 27 Nov 2014

Braun v Poland: ECHR 4 Nov 2014

ECHR Article 10-1 Freedom of expression Historian fined for damaging a well-known professor’s reputation as domestic law required non-journalists to prove veracity of their allegations: violation Facts – The applicant, a film director, historian and author of press articles, referred to a well-known professor as a secret collaborator with the communist regime during a radio … Continue reading Braun v Poland: ECHR 4 Nov 2014

Amirov v Russia: ECHR 27 Nov 2014

ECHR Article 34 Hinder the exercise of the right of petition Failure to comply with interim measure indicated by the Court: violation Article 3 Degrading treatment Inhuman treatment Lack of adequate medical care of seriously ill detainee: violation Article 46 Article 46-2 Execution of judgment Individual measures Respondent State required to transfer disabled applicant to … Continue reading Amirov v Russia: ECHR 27 Nov 2014

Helmut Frodl v Austria: ECHR 14 Sep 2011

Execution of judgment 20201/04, [2011] ECHR 1572 Bailii European Convention on Human Rights P1A3 Human Rights Citing: Admissibility – Frodl v Austria ECHR 8-Jan-2009 Admissibility . . Judgment – Frodl v Austria ECHR 8-Apr-2010 The applicant alleged that his disenfranchisement because he was serving a term of imprisonment of more than one year constituted a … Continue reading Helmut Frodl v Austria: ECHR 14 Sep 2011