Search Results for: European Convention on Human Rights 834

Click the case name for better results:

Frame v Grampian University Hospitals NHS Trust: HCJ 14 Feb 2004

The defendant NHS trust objected as to the leading of certain evidence by the prosecutor, saying it infringed the right to a fair trial. Held: As a governmental body rather the Trust could not have human rights capable of being infringed, it did not qualify as a victim under the Act. The French version of … Continue reading Frame v Grampian University Hospitals NHS Trust: HCJ 14 Feb 2004

Crowter and Another, Rex (on The Application of) v The Secretary of State for Health and Social Care: CA 25 Nov 2022

The claimant, who suffered Down’s Syndrome, complained that the 1967 Act as amended unlawfully discriminated against her and those like her. Judges: Lord Justice Underhill (Vice-President of the Court of Appeal (Civil Division)) Lady Justice Thirlwall And Lord Justice Peter Jackson Citations: [2022] EWCA Civ 1559 Links: Bailii, Judiciary, Judiciary Summary Statutes: Abortion Act 1967 … Continue reading Crowter and Another, Rex (on The Application of) v The Secretary of State for Health and Social Care: CA 25 Nov 2022

A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002

The applicant challenged regulations brought in by the respondent providing for foreigners suspected of terrorism to be detained where a British national suspect would not have been detained. The respondent had issued a derogation from the Convention for this purpose. Held: The people detained were those who could not be returned to their own country … Continue reading A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002

De Lege v The Netherlands: ECHR 4 Oct 2022

ECHR Judgment : Preliminary objection dismissed : Fourth Section Citations: 58342/15, [2022] ECHR 768 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681665

Zakharov And Others v Russia 47538/16: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 47538/16, [2022] ECHR 834 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681764

Mastryukov And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 8346/17, [2022] ECHR 838 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681704

Regina v Lichniak: HL 25 Nov 2002

The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002

Cornick, Regina v: QBD 3 Nov 2014

The defendant had been convicted of murdering his schoolteacher. The court now gave reasons, at the end of the case for discontinuing the order restricting his being named. Orders protecting the identities of children witnesses were continued. Judges: Coulson J Citations: [2014] EWHC 3623 (QB) Links: Bailii Statutes: Children and Young Persons Act 1933 39, … Continue reading Cornick, Regina v: QBD 3 Nov 2014

Hasan Ceylan v Turkey: ECHR 23 May 2006

Citations: 58398/00, [2006] ECHR 549, [2006] ECHR 549 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 October 2022; Ref: scu.243834

McGrath v Secretary of State for Work and Pensions: Admn 20 Apr 2012

The claimant challenged the decision of the Secretary of State for Work and Pensions to recover from her an overpayment of income support in 1996 and 1997 by way of the deduction from current payments to her of employment and support allowance, saying that the continued recovery of the overpayment in this way breached her … Continue reading McGrath v Secretary of State for Work and Pensions: Admn 20 Apr 2012

Zakharov v Russia: ECHR 5 Oct 2006

Citations: 14881/03, [2006] ECHR 834 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 September 2022; Ref: scu.246623

Leyla Sahin v Turkey: ECHR 29 Jun 2004

(Grand Chamber) The applicant had been denied access to written examinations and to a lecture at the University of Istanbul because she was wearing an Islamic headscarf. This was prohibited not only by the rules of the university but also by the Constitution of Turkey. Held: Article 9 does not protect every act motivated or … Continue reading Leyla Sahin v Turkey: ECHR 29 Jun 2004

Z v Slovenia: ECHR 30 Nov 2010

Citations: 43155/05, [2010] ECHR 1898 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 July 2022; Ref: scu.426834

Graczyk v Poland: ECHR 15 May 2007

Citations: 38340/04, [2007] ECHR 494 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Graczyk v Poland ECHR 18-Jan-2011 The applicant complained, among other articles, under Article 3 of the Convention about the conditions of his nearly 2 year long detention in Sosnowiec Remand Centre. . . Lists of cited by … Continue reading Graczyk v Poland: ECHR 15 May 2007

FN (Article 8, Removal, Viable Options) Eritrea: IAT 18 Apr 2006

IAT The assessment of an in-country Article 8 claim will normally first require consideration of (i) whether there are insurmountable obstacles to the appellant’s family accompanying him or her abroad and then second, (ii) whether even if there exist such obstacles, there is a viable option of an entry clearance application.The fact that before being … Continue reading FN (Article 8, Removal, Viable Options) Eritrea: IAT 18 Apr 2006

Becker v Norway: ECHR 5 Oct 2017

ECHR Judgment : Violation of Article 10 – Freedom of expression -(general) Article 10-1 – Freedom of expression Freedom to impart information… Citations: 21272/12, [2017] ECHR 834 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 June 2022; Ref: scu.607913

Siroki v Hungary: ECHR 16 Oct 2018

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 33193/14, [2018] ECHR 834 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.628858

London Borough of Harrow v Qazi: CA 3 Dec 2001

The applicant had been a joint tenant of the respondent. His co-tenant had terminated the tenancy. He now challenged the possession proceedings saying that they would deprive him of his home. Held: The appeal succeeded. The question before the court was ‘whether a former tenant whose tenancy has come to an end by operation of … Continue reading London Borough of Harrow v Qazi: CA 3 Dec 2001

Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002

The League challenged the respondent’s statement in the Prisons’ Handbook that children held in young offender institutions were not subject to the protection of the 1989 Act. Held: Neither the Prison Act and Rules excluded the Prison authorities from the list of those required to co-operate with local authorities in the exercise of their duties … Continue reading Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002

Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002

(The High Court of Justiciary) The prosecution had accepted that the matter had been the subject of unreasonable delay, but wished to continue. The defendant sought a plea in bar, on the basis that continuing would infringe his rights. Held: Once it was accepted that the delay took the prosecution outside the defendant’s right to … Continue reading Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002

Brumarescu v Romania: ECHR 28 Oct 1999

Hudoc Violation of Art. 6-1 by reason of lack of fair hearing; Violation of Art. 6-1 by reason of refusal of right of access to court; Violation of P1-1; Just satisfaction reserved Citations: [1999] ECHR 105, 28342/95 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Cited by: See Also – Brumarescu v Romania ECHR … Continue reading Brumarescu v Romania: ECHR 28 Oct 1999

Regina (Mambakasa) v Secretary of State for the Home Department: Admn 3 Mar 2003

The applicant’s decision granting him asylum was not communicated to him for six months. Held: The delay, for reasons of errors and confusion, was unlawful, and had caused distress. Nevertheless, it did not amount to an infringement of his article 8 rights. Had it done so, damages of up to andpound;2,000 might have been payable. … Continue reading Regina (Mambakasa) v Secretary of State for the Home Department: Admn 3 Mar 2003

Franciska Stefancic v Slovenia: ECHR 24 Oct 2017

ECHR Judgment : Violation of Right to life Article 2-1 – Effective investigation Procedural aspect ECHR Judgment : Non-pecuniary damage – award : Fourth Section Citations: 58349/09, [2017] ECHR 933, [2018] ECHR 805 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607946

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

Brumarescu v Romania: ECHR 23 Jan 2001

[2001] ECHR 47, 28342/95 Worldlii, Bailii European Convention on Human Rights Human Rights Citing: See Also – Brumarescu v Romania ECHR 28-Oct-1999 Hudoc Violation of Art. 6-1 by reason of lack of fair hearing; Violation of Art. 6-1 by reason of refusal of right of access to court; Violation of P1-1; Just satisfaction reserved . … Continue reading Brumarescu v Romania: ECHR 23 Jan 2001

Clift v Slough Borough Council and Another: QBD 6 Jul 2009

The claimant sought damages for defamation. The council had decided that she had threatened a member of staff and notified various people, and entered her name on a violent persons register. She alleged malice, the council pleaded justification and qualified privilege. She also complained of the breach of her data protection rights. She had been … Continue reading Clift v Slough Borough Council and Another: QBD 6 Jul 2009

Barnsley Metropolitan Borough Council v Norton and Others: CA 21 Jul 2011

Appeal from possession order – house occupied by school caretaker. Maurice Kay VP, Carnwath, Lloyf LJJ [2011] EWCA Civ 834, [2011] Eq LR 1167, [2011] HLR 46, [2011] NPC 79, (2011) 14 CCL Rep 617, [2011] 30 EG 57, [2012] PTSR 56 Bailii Disability Discrimination Act 1995 49A, European Convention on Human Rights 8, Human … Continue reading Barnsley Metropolitan Borough Council v Norton and Others: CA 21 Jul 2011

Yesil v Turkey: ECHR 19 Oct 2021

ECHR Judgment : Article 8 – Right to respect for private and family life : Second Section 28349/11, [2021] ECHR 855 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 01 December 2021; Ref: scu.668741

Peck v The United Kingdom: ECHR 28 Jan 2003

peck_ukECHR2003 The claimant had been filmed by CCTV. He had, after attempting suicide, left home with a knife, been arrested by the police and disarmed, but then sent home without charge. The CCTV film was used on several occasions to advertise the effectiveness of the CCTV system, of the police and otherwise. Only in later … Continue reading Peck v The United Kingdom: ECHR 28 Jan 2003

Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005

Common Law – Public Nuisance – Extent The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a joke. The envelope had leaked causing a terrorist … Continue reading Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005

Sims v Dacorum Borough Council: SC 12 Nov 2014

Surrender at Common Law Survives Human Rights Law The tenants held a secure weekly tenancy of the respondent under a joint tenancy. After a relationship breakdown, Mrs Sims had given notice to quit. Mr Sims, left in possession now argued that the common law rules should not be allowed to deprive him of his home, … Continue reading Sims v Dacorum Borough Council: SC 12 Nov 2014

Barclay and Others, Regina (on the Application of) v Secretary of State for Justice and others: CA 2 Dec 2008

The claimant appealed against refusal of his challenge to the new constitutional law for Sark, and sought a declaration of incompatibility under the 1998 Act. He said that by restricting the people who could stand for election, a free democracy had been denied to them, and that the constitution did not achieve a sufficient separation … Continue reading Barclay and Others, Regina (on the Application of) v Secretary of State for Justice and others: CA 2 Dec 2008