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Van Marle And Others v The Netherlands: ECHR 26 Jun 1986

The applicants were accountants who had practised as such for some years when a new statute came into force which required then to register. Their applications were refused. Held: Article 1PI was engaged. In paragraphs 41 and 42 the Court said this: ‘The Court agrees with the Commission that the right relied upon by the … Continue reading Van Marle And Others v The Netherlands: ECHR 26 Jun 1986

Di Palma v United Kingdom: ECHR 1 Dec 1986

(Commission/admissibility) The applicant’s lease was forfeited on her non-payment of a service charge and possession was ordered. Her primary claim was made (unsuccessfully) under article 1 of the First Protocol to the Convention. But she also complained that her eviction from her home constituted an unjustified interference with the right to respect for her home … Continue reading Di Palma v United Kingdom: ECHR 1 Dec 1986

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

Lingens v Austria: ECHR 8 Jul 1986

Freedom of expression, as secured in paragraph 1 of Article 10, constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2, it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as … Continue reading Lingens v Austria: ECHR 8 Jul 1986

Z and E v Austria: ECHR 1986

The state must act in a manner calculated to allow those concerned to lead a normal family life. Citations: (1986) 49 DR 67 Statutes: European Convention on Human Rights 8 Jurisdiction: Human Rights Cited by: Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; … Continue reading Z and E v Austria: ECHR 1986

Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986

The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which underlies the constitutional traditions common to the member states and which is laid down in articles 6 … Continue reading Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986

Sanchez-Reisse v Switzerland: ECHR 21 Oct 1986

That a detainee may be heard either in person or, where necessary, through some form of representation can be a fundamental procedural guarantee in matters of deprivation of liberty. Article 5(4)was inspired by the English law of habeas corpus. Citations: [1986] ECHR 12, 9862/82, (1986) 9 EHRR 71 Links: Worldlii Statutes: European Convention on Human … Continue reading Sanchez-Reisse v Switzerland: ECHR 21 Oct 1986

AGOSI v The United Kingdom: ECHR 24 Oct 1986

Krugerrand coins were seized by the Commissioners and the claimant was unsuccessful in obtaining their restoration under what is now section 152(b) of the 1979 Act. It was argued that the request for restoration of the coins amounted to a determination of a criminal charge. Having noted that criminal charges under domestic law had been … Continue reading AGOSI v The United Kingdom: ECHR 24 Oct 1986

James and Others v The United Kingdom: ECHR 21 Feb 1986

The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986

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

Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001

A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act. Held: The prisoner had followed through his rights to petition the governor. Had he done so and failed, … Continue reading Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001

Gillow v The United Kingdom: ECHR 24 Nov 1986

The housing authority in Guernsey refused to allow the applicants to occupy the house they owned there. Held: The house in question was the applicants’ home because, although they had been absent from Guernsey for many years, they had not established any other home elsewhere in the United Kingdom and had retained ‘sufficient continuing links’ … Continue reading Gillow v The United Kingdom: ECHR 24 Nov 1986

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Deumeland v Germany: ECHR 29 May 1986

Although the Constitutional Court had no jurisdiction to rule on the merits of the dispute, its decision was ‘capable of affecting the outcome of the claim’.
The court considered a widow’s supplementary pension arising from her husband’s death . .

Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005

The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his rights to a fairtrial were not engaged. Held: The prisoner’s appeal was dismissed. … Continue reading Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005

Ringeisen v Austria: ECHR 22 Jun 1972

Hudoc Judgment (Just satisfaction) Pecuniary damage – financial award; Non-pecuniary damage – financial award. Citations: 2614/65, [1972] ECHR 2, [1972] ECHR 2 Links: orldlii, Bailii Statutes: European Convention on Human Rights 86 Jurisdiction: Human Rights Citing: See Also – Ringeisen v Austria ECHR 16-Jul-1971 The Austrian District and Regional Real Property Transactions Commission refused to … Continue reading Ringeisen v Austria: ECHR 22 Jun 1972

Choudhary v General Medical Council: PC 2001

The Board heard an appeal against a final order of suspension for 12 months. It considered Madan’s case. Held: The Board wished to reserve their opinion on the reasoning in the judgments that it was the application of Article 6 which required the IOC to weigh the doctor’s interests against the protection of the public. … Continue reading Choudhary v General Medical Council: PC 2001

Regina (K) v Newham London Borough Council and Another: QBD 19 Feb 2002

Parents applied for secondary school places, indicating three single sex schools. This was from a clear religious conviction. The local authority allocated another place, without giving reasons, but did provide a pamphlet setting out its policy, which showed that one criterion was a preference for a single-sex school. Held: The need to respect religious views … Continue reading Regina (K) v Newham London Borough Council and Another: QBD 19 Feb 2002

Ooo Gastronom v Russia: ECHR 19 Mar 2019

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee ECHR Judgment : Pecuniary damage – claim dismissed : Third Section Committee Citations: 47386/17, [2019] ECHR 225, [2021] ECHR 177 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; … Continue reading Ooo Gastronom v Russia: ECHR 19 Mar 2019

RO v United Kingdom: ECHR 11 May 1994

(Commission) The applicant complained that the court had refused to allow him to withdraw his plea of guilty: ‘It is in the first place for the domestic authorities to determine rules regulating procedural aspects of criminal proceedings, subject to the supervisory jurisdiction of the Convention organs in considering the fairness of proceedings (cf. the Commission’s … Continue reading RO v United Kingdom: ECHR 11 May 1994

Canuda v The Republic Of Moldova: ECHR 17 May 2022

ECHR Judgment : Article 3 – Prohibition of torture : Second Section Committee Citations: 4670/16, [2022] ECHR 372 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.677863

Dunas v The Republic Of Moldova: ECHR 17 May 2022

ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 65102/14, [2022] ECHR 370 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.677865

Bezanic And Baskarad v Croatia: ECHR 19 May 2022

ECHR Judgment : No Article 1 of Protocol No. 1 – Protection of property : First Section Citations: 16140/15, [2022] ECHR 378 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.677860

Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter had been settled the court was invited to pursue the decision. Held: The Act … Continue reading Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

Metropolitan Church Of Bessarabia And Others v Moldova: ECHR 13 Dec 2001

‘in principle, the right to freedom of religion as understood in the Convention rules out any appreciation by the state of the legitimacy of religious beliefs or of the manner in which these are expressed’ Citations: 45701/99, (2002) 35 EHRR 306, [2001] ECHR 860 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 9 Jurisdiction: … Continue reading Metropolitan Church Of Bessarabia And Others v Moldova: ECHR 13 Dec 2001

Dragan Kovacevic v Croatia: ECHR 12 May 2022

ECHR Judgment : Article 6 – Right to a fair trial : First Section Citations: 49281/15, [2022] ECHR 364 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 June 2022; Ref: scu.677864

Bouras v France: ECHR 19 May 2022

ECHR Judgment : No Article 2 – Right to life : Fifth Section Citations: 31754/18, [2022] ECHR 380 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 June 2022; Ref: scu.677861

Regina (Wright) v Secretary of State for Health: CA 2 Jan 2008

The care worker’s appeal failed. The system for disciplining care workers and placing them on lists was required to be human rights compliant. Lord Justice May said: ‘There is an obvious and unchallenged public interest in having an appropriate system for protecting vulnerable adults and children from the risk of harm from unsuitable carers. It … Continue reading Regina (Wright) v Secretary of State for Health: CA 2 Jan 2008

Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

Private Hearings are Not in Secret H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application was refused save as to identification of the children, and certain tax matters. The a hearing was listed as in Private restricted only that certain people only were entitled to … Continue reading Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

E.A And Others v Italy: ECHR 5 May 2022

ECHR Judgment : Article 2 – Right to life : First Section Committee Citations: 14385/18, [2022] ECHR 356 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 June 2022; Ref: scu.677866

Johnson, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 17 Jul 2014

The court was asked whether the Claimant’s proposed deportation to Jamaica, following his conviction and imprisonment for a very serious criminal offence, involves a violation of article 14 in conjunction with article 8 of the European Convention on Human Rights (‘ECHR’), contrary to the Human Rights Act 1998 (‘the Human Rights Act’). The discrimination is … Continue reading Johnson, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 17 Jul 2014

In Re Westminster Property Management Ltd: ChD 19 Jan 2000

Since company director disqualification proceedings were not criminal proceedings, even though they involved the imposition of a penalty, they remained civil proceedings in nature. The European Convention on Human Rights did not apply to protect a director against having material, disclosed by him under compulsion in the course of an insolvency, being used against him … Continue reading In Re Westminster Property Management Ltd: ChD 19 Jan 2000

Kemmache v France (Nos. 1 And 2) (Article 50): ECHR 2 Nov 1993

ECHR Judgment (Just Satisfaction) – Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 12325/86, 14992/89 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.227240

Mazgar v Russia: ECHR 11 May 2010

Citations: 21455/04, [2010] ECHR 863 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.418496

Gurov And Others v Russia: ECHR 5 May 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 5123/09, [2022] ECHR 350 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.677869

Galier v Luxembourg: ECHR 10 May 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 2759/19, [2022] ECHR 361 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 June 2022; Ref: scu.677868

Briganti And Others v Italy: ECHR 5 May 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Committee Citations: 48820/19, [2022] ECHR 357 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 June 2022; Ref: scu.677862