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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 The taps were based on a non-binding and unpublished directive from … Continue reading Malone v The United Kingdom: ECHR 2 Aug 1984

Amann v Switzerland: ECHR 16 Feb 2000

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to interception of telephone call; Violation of Art. 8 with regard to creation and storing of information card; Preliminary objection dismissed; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention procedure‘telephone calls received on private or business premises are … Continue reading Amann v Switzerland: ECHR 16 Feb 2000

Zaiet v Romania: ECHR 24 Mar 2015

ECHR Article 8-1 Respect for family life Annulment of adoption order, 31 years after its issue and at the request of the adoptee’s sister: violation Facts – The applicant was adopted at the age of 17. Her adoptive mother had another adopted daughter. Following the death of the mother, in 2003 the two sisters were … Continue reading Zaiet v Romania: ECHR 24 Mar 2015

Wood v United Kingdom: ECHR 2 Jul 1997

(Commission decision as to admissibility) The applicant’s house had been repossessed by a mortgagee when she defaulted on her payments due under the mortgage. Her complaint was found to be manifestly ill-founded, saying ‘In so far as the repossession constituted an interference with the applicant’s home, the Commission finds that this was in accordance with … Continue reading Wood v United Kingdom: ECHR 2 Jul 1997

Main Against Scottish Ministers: SCS 22 May 2015

Second Division, Inner House. The petitioner said that the statutory delay of 15 years after leaving prison before a review of the idenite notification provisions of the 2003 Act were incompatible with his right of respect for his private life in terms of Article 8.1 of the European Convention. Lord Carloway, Lord Justice Clerk [2015] … Continue reading Main Against Scottish Ministers: SCS 22 May 2015

Re MRJ JT and KT (Reconsideration of Order): CoP 10 Apr 2014

re_mjtCoP0414 The court had made an order transferring responsibility for MRJ’s affairs from the appointed attorney to the local authority. The order had been made on the papers, and the court now heard an application for it to be reconsidered. Held: The orders made were confirmed. The court recognised that the interference in a person’s … Continue reading Re MRJ JT and KT (Reconsideration of Order): CoP 10 Apr 2014

X v Y (Employment: Sex Offender): CA 28 May 2004

The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and that the state had a duty to protect him from private acts which breached … Continue reading X v Y (Employment: Sex Offender): CA 28 May 2004

JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal: CA 31 Jul 2003

Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .