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Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 2014

ECJ (Opinion of the full court) Opinion pursuant to Article 218(11) TFEU – Draft international agreement – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms – Compatibility of the draft agreement with the EU and FEU TreatiesHeld: ‘The agreement on the accession of the European … Continue reading Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 2014

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

HA (Iraq) v Secretary of State for The Home Department: CA 22 Jul 2014

HA, an Iraqi national arrived in the United Kingdom some time in 2000. He made an asylum claim in 2002 which was rejected and the appeal was dismissed. However, he remained in the United Kingdom without leave and was fined for possessing Class A and C drugs in 2005. He was later convicted on counts … Continue reading HA (Iraq) v Secretary of State for The Home Department: CA 22 Jul 2014

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

Zaichenko v Russia: ECHR 18 Feb 2010

(First Section) The claimant complaned that he had not been allowed access to a lawyer when being questioned by police when he was not under arrest. He had been stopped driving home from work and his car inspected by the police after reports of workers stealing diesel from their service vehicles. Two cans of diesel … Continue reading Zaichenko v Russia: ECHR 18 Feb 2010

EB v France: ECHR 14 Mar 2007

A homosexual woman complained that she had not been allowed to adopt a child. Her application was rejected by the French administrative court on grounds based substantially upon her sexual orientation. Held: The provision was an unlawful discrimination. The denial of adoption to a woman in a same sex relationship could not be justified: ‘The … Continue reading EB v France: ECHR 14 Mar 2007

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

Bobrowski v Poland: ECHR 17 Jun 2008

Citations: 64916/01, [2008] ECHR 529 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 August 2022; Ref: scu.270086

Seleznev v Russia: ECHR 26 Jun 2008

Citations: 15591/03, [2008] ECHR 561 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 August 2022; Ref: scu.270445

Paunoiu v Romania: ECHR 16 Sep 2008

Citations: 32700/04, [2008] ECHR 844 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 August 2022; Ref: scu.276348

Zborowski v Poland: ECHR 22 Apr 2008

Citations: 39519/05, [2008] ECHR 313 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 August 2022; Ref: scu.267343

Dudgeon v The United Kingdom: ECHR 22 Oct 1981

ECHR (Plenary Court) Legislation in Northern Ireland that criminalised homosexual behaviour which was lawful in the rest of the UK. Held: There was a violation of article 8, but it was not necessary to determine the complaint under article 14, The court acknowledged the necessity in a democratic society for some degree of control to … Continue reading Dudgeon v The United Kingdom: ECHR 22 Oct 1981

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

Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009

Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples. Held: The aim of discouraging homosexual relationships is equally impermissible under sections 7(1) and 14 of the Constitution of Gibraltar. The suggested aims are incoherent and the means employed … Continue reading Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009

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

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

Khan v The United Kingdom (Dec): ECHR 28 Jan 2014

Article 1 Jurisdiction of states Absence of territorial jurisdiction in respect of immigrant applicant who had voluntarily returned to his country of origin Facts – The applicant, a Pakistani national, came to the United Kingdom in 2006 on a student visa. In 2009 he and four other Pakistani nationals were arrested on suspicion of conspiracy … Continue reading Khan v The United Kingdom (Dec): 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

Northern Ireland Human Rights Commission, Re Judicial Review: CANI 27 Jun 2013

Judges: Morgan LCJ, Girvan LJ and Coghlin LJ Citations: [2013] NICA 37 Links: Bailii Statutes: Adoption (Northern Ireland) Order 1987, European Convention on Human Rights 8 14 Jurisdiction: Northern Ireland Adoption, Discrimination, Human Rights Updated: 07 August 2022; Ref: scu.513865

Maslov v Austria: ECHR 23 Jun 2008

(Grand Chamber) The applicant came lawfully to Austria when 6. He committed a large number of offences when he was 14 and 15, and had been sentenced to imprisonment. He complained of a later decision to deport him. Held: The court said: ‘ The Court would stress that while the criteria which emerge from its … Continue reading Maslov v Austria: ECHR 23 Jun 2008

Tarariyeva v Russia: ECHR 14 Dec 2006

A complaint was made that the authorities had failed in their duty to protect a prisoner’s life. The authorities had him in custody for two years and knew of his health problems. He was not properly treated in the penal colony. When he had acute pain, he was diagnosed with a perforated ulcer and peritonitis … Continue reading Tarariyeva v Russia: ECHR 14 Dec 2006

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

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

Borysiewicz v Poland: ECHR 1 Jul 2008

Citations: 71146/01, [2008] ECHR 571 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.270669

Iskrzyccy v Poland: ECHR 14 Sep 2010

Citations: 9261/02, [2010] ECHR 1278 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.424067

Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002

The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002

Chester, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Oct 2009

Burton J dismissed a claim for judicial review brought by the serving prisoner, to challenge his statutory disfranchisement from voting in domestic and European Parliamentary elections. Judges: Burton J Citations: [2009] EWHC 2923 (Admin), [2010] HRLR 6, [2010] UKHRR 317, [2010] ACD 28 Links: Bailii Statutes: Representation of the People Act 1983 3, European Parliamentary … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Oct 2009

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

Savic v Croatia: ECHR 3 Jul 2008

Citations: 41440/05, [2008] ECHR 829 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.272877

Nikonenko v Ukraine: ECHR 29 May 2008

Citations: 14089/03, [2008] ECHR 459 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 August 2022; Ref: scu.268126