Search Results for: European Convention on Human Rights 9 13

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Kirkwood v The United Kingdom: ECHR 12 Mar 1984

(Admissibility – Commission) The claimant, a United States national, said that the proceedings for his extradition from the United Kingdom to the United States infringed article 6(3)(d), because he was not permitted to cross-examine the witnesses against him in the United Kingdom. Held: Although ‘the tasks of the Magistrates’ Court included the assessment of whether … Continue reading Kirkwood v The United Kingdom: ECHR 12 Mar 1984

QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

Judges: Sedley, Longmore, Maurice Kay LJJ Citations: [2009] EWCA Civ 620, [2009] INLR 514, [2010] Imm AR 132, C5/2008/1706, C5/2009/0251 Links: Bailii Statutes: European Convention on Human Rights 2 3, Directive 2004/83/EC Jurisdiction: England and Wales Citing: Examined – Elgafaji and Elgafaji v Staatssecretaris van Justitie ECJ 17-Feb-2009 Europa (Grand Chamber) Directive 2004/83/EC – Minimum … Continue reading QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

Aquilina v Malta: ECHR 9 Jun 2020

ECHR Judgment : Protection of property : Third Section ECHR Judgment : Protection of property : Third Section Citations: 40246/18, [2020] ECHR 409, [2020] ECHR 426 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.651302

Mk v Hungary: ECHR 9 Jun 2020

ECHR Judgment : Right to liberty and security : Fourth Section Committee ECHR Judgment : Right to liberty and security : Fourth Section Committee Citations: 46783/14, [2020] ECHR 417, [2020] ECHR 434 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.651329

Draskovic v Montenegro: ECHR 9 Jun 2020

ECHR Judgment : Right to respect for private and family life : Second Section ECHR Judgment : Right to respect for private and family life : Second Section Citations: 40597/17, [2020] ECHR 406, [2020] ECHR 423 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: … Continue reading Draskovic v Montenegro: ECHR 9 Jun 2020

Dudas v Romania: ECHR 9 Jun 2020

ECHR Judgment : Right to a fair trial : Fourth Section Committee ECHR Judgment : Right to a fair trial : Fourth Section Committee Citations: 80278/13, [2020] ECHR 418, [2020] ECHR 435 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.651312

Fayed v United Kingdom: ECHR 6 Oct 1994

The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994

Eon v France (Note): ECHR 14 Mar 2013

ECHR – Information Note Citations: 26118/10, [2013] ECHR 1346 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.682589

Nesic v Montenegro: ECHR 9 Jun 2020

ECHR Judgment : Protection of property : Second Section ECHR Judgment : Protection of property : Second Section Citations: 12131/18, [2020] ECHR 408, [2020] ECHR 425 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651331

Pshibiyev And Berov v Russia: ECHR 9 Jun 2020

ECHR Judgment : Right to respect for private and family life : Third Section ECHR Judgment : Right to respect for private and family life : Third Section Citations: 63748/13, [2020] ECHR 411, [2020] ECHR 427 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: … Continue reading Pshibiyev And Berov v Russia: ECHR 9 Jun 2020

Samsonov v Russia: ECHR 9 Jun 2020

ECHR Judgment : Freedom of expression-{general} : Third Section Committee ECHR Judgment : Freedom of expression-{general} : Third Section Committee Citations: 38427/11, [2020] ECHR 414, [2020] ECHR 431 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651337

Zulufoiu v Romania: ECHR 9 Jun 2020

ECHR Judgment : Right to a fair trial : Fourth Section Committee ECHR Judgment : Right to a fair trial : Fourth Section Committee Citations: 66110/13, [2020] ECHR 419, [2020] ECHR 436 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651345

Suzen v Turkey: ECHR 9 Jun 2020

ECHR Judgment : Freedom of assembly and association : Second Section Committee ECHR Judgment : Freedom of assembly and association : Second Section Committee Citations: 58418/10, [2020] ECHR 420, [2020] ECHR 437 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651340

Erlich And Kastro v Romania: ECHR 9 Jun 2020

ECHR Judgment : No Freedom of thought, conscience and religion : Fourth Section ECHR Judgment : No Freedom of thought, conscience and religion : Fourth Section Citations: 23735/16, [2020] ECHR 407, [2020] ECHR 424 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651313

Achilov And Others v Russia: ECHR 9 Jun 2020

ECHR Judgment : Right to liberty and security : Third Section Committee ECHR Judgment : Right to liberty and security : Third Section Committee Citations: 10780/07, [2020] ECHR 412, [2020] ECHR 429 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651300

Jeret v Estonia: ECHR 9 Jun 2020

ECHR Judgment : Prohibition of torture : Second Section Committee ECHR Judgment : Prohibition of torture : Second Section Committee Citations: 42110/17, [2020] ECHR 415, [2020] ECHR 432 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651321

Lascau v Romania: ECHR 9 Jun 2020

ECHR Judgment : Right to a fair trial : Fourth Section Committee ECHR Judgment : Right to a fair trial : Fourth Section Committee Citations: 39855/13, [2020] ECHR 421, [2020] ECHR 438 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651326

Yankov And Manchev v Bulgaria: ECHR 22 Oct 2009

Judges: Peer Lorenzen, P Citations: 27207/04, [2009] ECHR 1608 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013 The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said … Continue reading Yankov And Manchev v Bulgaria: ECHR 22 Oct 2009

Kiss Menczel v Hungary: ECHR 9 Jun 2020

ECHR Judgment : Right to a fair trial : Fourth Section Committee ECHR Judgment : Right to a fair trial : Fourth Section Committee Citations: 61675/14, [2020] ECHR 416, [2020] ECHR 433 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.651324

Petukhova v Russia: ECHR 2 May 2013

Citations: 28796/07 – Chamber Judgment, [2013] ECHR 400 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Petukhova v Russia (Legal Summary) ECHR 2-May-2013 ECHR Article 5-1-bLawful order of a courtDetention in police station of person required by unlawfully issued court order to undergo psychiatric examination: violationFacts – In … Continue reading Petukhova v Russia: ECHR 2 May 2013

Tymoshenko v Ukraine: ECHR 30 Apr 2013

Citations: 49872/11 – Chamber Judgment, [2013] ECHR 389 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Tymoshenko v Ukraine ECHR 31-May-2012 . . See Also – Tymoshenko v Ukraine ECHR 3-Jul-2012 . . Legal Summary – Tymoshenko v Ukraine (Legal Summary) ECHR 30-Apr-2013 ECHR Article 5-1 Lawful arrest … Continue reading Tymoshenko v Ukraine: ECHR 30 Apr 2013

B v Romania (No 2): ECHR 19 Feb 2013

ECHR Article 8Positive obligationsArticle 8-1Respect for family lifeRespect for private lifeLack of adequate legal protection in a case concerning a mother’s committal to a psychiatric institution and the placement of her children in care: violationsFacts – The applicant was assisted by the social services from 1996 onwards, having been classified as a disabled person unfit … Continue reading B v Romania (No 2): ECHR 19 Feb 2013

Austrianu v Romania: ECHR 12 Feb 2013

ECHR Article 9-1Manifest religion or beliefConfiscation of cassette player used by prisoner to listen to religious tapes: inadmissibleFacts – The applicant, who was of Baptist confession, was serving a lengthy prison sentence. After reacting to the confiscation of a small radio-cassette player he had received after obtaining good results on a ‘Christian moral education’ programme, … Continue reading Austrianu v Romania: ECHR 12 Feb 2013

Garcia Mateos v Spain: ECHR 19 Feb 2013

ECHR Article 14DiscriminationFailure to enforce a judgment acknowledging gender discrimination against a working mother: violationFacts – In February 2003, relying on the labour regulations, the applicant asked her employer for a reduction in her working hours as she had custody of her son, who was under the six-year age-limit. When her employer refused, she brought … Continue reading Garcia Mateos v Spain: ECHR 19 Feb 2013

Neij And Sunde Kolmisoppi v Sweden: ECHR 19 Feb 2013

ECHR Article 10-1Freedom to impart informationFreedom to receive informationConviction and order to pay damages for operating website allowing third parties to share files in breach of copyright: inadmissibleFacts – During 2005 and 2006 the two applicants were involved in different aspects of one of the world’s largest file sharing services on the Internet, the website … Continue reading Neij And Sunde Kolmisoppi v Sweden: ECHR 19 Feb 2013

Percival v Revenue and Customs: FTTTx 18 Apr 2013

FTTTx INCOME TAX – Taxpayer a British national resident in the Republic of Ireland – taxed in the UK on a civil service pension by virtue of Article 18 UK/Irish Double Taxation Convention – taxpayer’s wife an Irish national taxed on UK local authority pension in Ireland – taxpayer taxed less favourably in the UK … Continue reading Percival v Revenue and Customs: FTTTx 18 Apr 2013

Esbester v United Kingdom: ECHR 2 Apr 1993

(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his rejection had been based. Held: The complaints were manifestly unfounded. As to Article 8: ‘In … Continue reading Esbester v United Kingdom: ECHR 2 Apr 1993

O’Connell, Regina (on the Application of) v The Parole Board and Another: Admn 13 Nov 2007

Fundamental issues as to the function and status of the Parole Board. It does so in the context of a challenge to the decision of the Board on the 18th July 2006 refusing to direct the claimant’s release on licence under section 247 of the Criminal Justice Act 2003 (the 2003 Act). The challenge was … Continue reading O’Connell, Regina (on the Application of) v The Parole Board and Another: Admn 13 Nov 2007

ALF v United Kingdom: ECHR 12 Nov 2013

ECHR – DECISION Citations: 5908/12, [2013] ECHR 1370 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682590

Leander v Sweden: ECHR 26 Mar 1987

Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987

SJ v Belgium (Striking Out): ECHR 19 Mar 2015

ECHR Grand Chamber Article 37 Article 37-1 Striking out applications Application concerning absence of suspensive effect of application for judicial review of deportation order or of refusal of leave to remain: struck out following friendly settlement Article 13 Effective remedy Absence of suspensive effect of application to Aliens Appeals Board for judicial review of deportation … Continue reading SJ v Belgium (Striking Out): ECHR 19 Mar 2015

MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019

(i) A decision of the Secretary of State not to grant indefinite leave to remain to a person subject to the restricted leave policy (‘the RL policy’) does not normally engage Article 8 of the European Convention on Human Rights. However, Article 8 may be engaged by a decision to refuse to grant indefinite leave … Continue reading MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019

VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

T, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 3 May 2013

The claimant, a 15 year old boy,alleged that his detention in the cells at a Magistrates court when facing a charge of breach of bail conditions was a breach of his human rights and under the 1933 and 2010 Acts. Held: In the particular circumstances there was a breach of the 1933 Act, but not … Continue reading T, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 3 May 2013

SRM Global Master Fund Lp and Others, Regina (on the Applications of) v The Commissioners of Her Majesty’s Treasury: Admn 13 Feb 2009

The claimant alleged that the methods chosen for the nationalisation of Northern Rock plc infringed its human rights in providing unfair compensation. Held: The claim was dismissed. The provision made by the 2008 Act did not infringe the claimants’ human rights to peaceful enjoyment of their possessions. The assumptions underlying the compensation scheme provided in … Continue reading SRM Global Master Fund Lp and Others, Regina (on the Applications of) v The Commissioners of Her Majesty’s Treasury: Admn 13 Feb 2009

JL, Regina (on The Application of) v Secretary of State for Defence: CA 30 Apr 2013

The defendant appealed against rejection of her claim for judicial review of an order for possession of her house, saying that it had failed to address issues of mandatory relevance and was disproportionate. Judges: Arden DBE, Sullivan, Briggs LJJ Citations: [2013] EWCA Civ 449 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England … Continue reading JL, Regina (on The Application of) v Secretary of State for Defence: CA 30 Apr 2013

Shestakov v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 23537/19, [2022] ECHR 873 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 November 2022; Ref: scu.681742

Kulah And Koyuncu v Turkey: ECHR 23 Apr 2013

Citations: 24827/05 – Chamber Judgment, [2013] ECHR 371 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis Admn 25-Sep-2014 The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared … Continue reading Kulah And Koyuncu v Turkey: ECHR 23 Apr 2013