The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond … Continue reading Van Colle v Hertfordshire Police: QBD 10 Mar 2006
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award. Citations: 72211/01, [2005] ECHR 88 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.230654
ECHR (French Text) Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings. Citations: 65075/01, [2004] ECHR 615 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Cited by: Cited – Giuseppina And Orestina Procaccini … Continue reading Giuseppina And Orestina Procaccini v Italy: ECHR 10 Nov 2004
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of Art. 13; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses partial award – Convention proceedings. Citations: 37429/02, [2005] ECHR 95 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6.1 Jurisdiction: Human Rights Human … Continue reading Anagnostopoulos v Greece: ECHR 10 Feb 2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 as regard to the fairness of the proceedings, and under P1-1; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses (Convention proceedings) – claim rejected. … Continue reading Andreadaki and Others v Greece: ECHR 10 Feb 2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to access to a court; Not necessary to examine Art. 6-1 with regard to the length of the proceedings; Not necessary to examine Art. 13; No violation of P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award. Citations: 69315/01, [2005] … Continue reading Sukhorubchenko v Russia: ECHR 10 Feb 2005
ECHR Judgment (Merits) – No violation of Art. 6-1 and 6-3-d. Citations: 10075/02, [2005] ECHR 80 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6.1 Human Rights Updated: 01 July 2022; Ref: scu.227588
Sedley LJ considered the circumstances where the Secretary of state should take into account the defendant’s article 8 human rights when considering deportation after serving a sentence of imprisonment: ‘Generally, the protection of family life under Article 8 involves cohabiting dependants, such as parents and their dependant minor children. Whether it extends to other relationships … Continue reading Kugathas v Secretary of State for the Home Department: CA 21 Jan 2003
The applicant was a soldier who had been court marshalled for misuse of travel warrants. He wished to use in his defence his recent epilepsy. There was some delay while medical reports were obtained, and subsequently when the new legal system was brought in and again for the issue of a new legal aid order. … Continue reading Stephen Jordan (No 2) v The United Kingdom: ECHR 10 Dec 2002
The applicant sought refugee status, saying that if returned home to Sierra Leone, she would as a young woman be liable to be circumcised against her will. Held: Female sexual mutilation ‘is an evil practice internationally condemned and in clear violation of Article 3 of the European Convention of Human Rights (‘ECHR’). As a practice, … Continue reading Fornah v Secretary of State for the Home Department: CA 9 Jun 2005
ECHR Judgment : No Article 11 – Freedom of assembly and association : Second Section Citations: 41955/14, [2022] ECHR 360 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.677888
May LJ said that if the State was in breach of its Article 3 obligations, that had to be remedied. If the only way to remedy was to release the prisoner, then the Secretary of State for Justice would be obliged to order his immediate release. Judges: May, Buxton, Sedley LJJ Citations: [2005] EWCA Civ … Continue reading Spinks, Regina (on the Application of) v Secretary of State for the Home Department: CA 28 Jan 2005
The claimants sought to maintain their claims for asylum. They had fled persecution, but before their claims for asylum were determined conditions in their home country changed so that they could no longer be said to have a well founded fear of persecution. Held: The decision on the grant required the fear to remain well … Continue reading Hoxha and Another v Secretary of State for the Home Department: HL 10 Mar 2005
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Citations: 57031/10, [2019] ECHR 229 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.636022
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Citations: 47987/15, [2022] ECHR 359 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.677881
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 47847/09, [2018] ECHR 935 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.628880
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015
Citations: 29813/96, [2001] ECHR 246 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Garrett, Falcao And Others v Portugal ECHR 11-Jan-2000 Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione temporis); Violation of P1-1; Not necessary to examine Art. 6, 13 and 17; Just satisfaction reserved; Costs … Continue reading Garrett, Falcao And Others v Portugal: ECHR 10 Apr 2001
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
Grand Chamber – The applicant alleged that there had been a violation of her right of access to a court, as guaranteed by Article 6-1 of the Convention.The applicant was a secretary and switchboard operator employed in the Polish embassy in Vilnius, Lithuania. The Supreme Court of Lithuania’s decision was based on the Strasbourg court’s … Continue reading Cudak v Lithuania: ECHR 23 Mar 2010
The applicant had sought asylum here, but her application was rejected. She was suffering advanced HIV/AIDS. With continued proper treatment she would survive several years. If returned to Uganda she would not receive that treatment and would not survice as long. Held: The issue was not as to her mistreatment in Uganda, but as to … Continue reading N v Secretary of State for the Home Department: HL 5 May 2005
Citations: 21367/07, [2010] ECHR 276 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 June 2022; Ref: scu.402995
The applicant entered the UK illegally. She was unwell and was given treatment. She resisted removal on the grounds that the treatment available to her would be of such a quality as to leave her life threatened. Held: D -v- UK should be strictly confined. The applicant’s condition was not one created by the respondent, … Continue reading N v the Secretary of State for the Home Department: CA 16 Oct 2003
ECHR Judgment : Right to a fair trial : Fifth Section Committee Citations: 66362/11, [2020] ECHR 915 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 June 2022; Ref: scu.656994
The prisoner was subject to a long term of imprisonment, and also to a deportation order which was to take effect upon his release. He complained that, because of the latter, he had not been considered for parole, and that this was discriminatiry. Held: The difference in treatment occurred because of the nationality of the … Continue reading Hindawi and Another v Secretary of State for the Home Department: Admn 29 Jan 2004
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There remained unresolved suspicions of negligence having been covered up. They had been refused legal aid to … Continue reading Khan, Regina (on the Application of) v Secretary of State for Health: CA 10 Oct 2003
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
The appellant’s son and two others had been shot dead by police officers. There remained considerable controversy over the circumstances. The matter had been taken to the ECHR which had found the enquiry inadequate. The parties now disputed the steps taken to give effect to that decision. The court held that the 1998 is not … Continue reading In re McKerr: CANI 10 Jan 2003
The defendant had been convicted of a serious offence involving violece or sex, and been made subject to a extended sentence. He had been released on licence but recalled, and now challenged the system under which it had been decided that he should serve the balance of the first sentence. Held: The system of extended … Continue reading Regina (Sim) v Secretary of State for the Home Department: Admn 11 Feb 2003
The applicants’ claims for asylum had been rejected as bound to fail, and under the new Act, they were to be removed from the UK. If they wanted to appeal, they they would have to do so from outside the jurisdiction. The section had been brought into effect before the Act had been formally published. … Continue reading Regina (ZL and VL) v Secretary of State for the Home Department and Lord Chancellor’s Department: CA 24 Jan 2003
The claimant was a prisoner. He became entitled to be considered for release on parole, but was not released because the Parole Board had not made a decision. Held: The system for consideration of the release of discretionary and life prisoners infringed the human rights of such prisoners, insofar as the consideration of their release … Continue reading Regina (Noorkoiv) v Secretary of State for the Home Department and Another: CA 30 May 2002
The applicant sought admission to the UK. In the past he had made utterances which were capable of being racist. He claimed to have recanted, and had given undertakings as to his behaviour. At first instance it was held that the Home Secretary had failed to demonstrate an objective reason for refusing admission. It was … Continue reading Farrakhan, Regina (on the Application of) v Secretary of State for the Home Department: CA 30 Apr 2002
The appellant challenged her common law public order conviction, on the basis that the charge did not provide a clear definition of what amounted to the offence, and so infringed her human rights. Judges: Lord Coulsfield and Lord Osborne and Lord Sutherland Citations: [2001] ScotHC 121 Links: ScotC, Bailii Statutes: European Convention on Hman Rights … Continue reading Smith v Procurator Fiscal, Dumbarton: HCJ 28 Sep 2001
A prisoner had been killed in his cell by a cell-mate known to be unstable and racist. His family sought to be involved in the inquiry into the death within the prison system. A second prisoner hanged himself in his cell. His family alleged that he should have been kept on suicide watch. The coroner … Continue reading Regina (Amin) v Secretary of State for the Home Department; Regina (Middleton) v Coroner for West Somersetshire: CA 27 Mar 2002
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights Act. The service of the original notice to quit, engaged the Human Rights Act, but the action taken was lawful … Continue reading Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson: CA 25 Jan 2002
The claimants were farmers, who had been made subject to orders under the Act. They had accumulated maggot waste on their land. The second defendant accepted that the waste included material which would be high risk under the Directive. The defendant had entered the claimant’s land to execute works required under the notice, and the … Continue reading Langton, Allen, Regina (on the Application of) v Department for the Environment, Food and Rural Affairs and Another: Admn 17 Dec 2001
The claimant had sought to amend her claim for damages for personal injuries. The application had been rejected as introducing a claim not based on the same facts. She had suffered severe head injuries, and had no memory of the accident. She served a statement of claim based upon the defendant’s statement. The defendants defence … Continue reading Goode v Martin: CA 13 Dec 2001
Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971. Held: The Court of Appeal in Austin and in Walker were right to say that there could be imprisonment at common law … Continue reading Jalloh, Regina (on the application of) v Secretary of State for the Home Department: SC 12 Feb 2020
The Home Secretary appealed against a finding that a non-derogating control order was unlawful in that, in restricting the subject to an 18 hour curfew and otherwise severely limiting his social contacts, the order amounted to such a deprivation of liberty as to be unlawful. Held: The appeal failed. When looking at the lawfulness of … Continue reading Secretary of State for the Home Department v JJ and others: HL 31 Oct 2007
Hudoc (Grand Chamber) Missing persons: No violation of Art. 2, Art. 4; Violation of Arts. 2 and 5 with regard to lack of effective investigation; No violation of Art. 5 with regard to alleged detention; Not necessary to examine Arts. 3, 6, 8, 13, 14 and 17; Violation of Art. 3 with regard to relatives; … Continue reading Cyprus v Turkey: ECHR 10 May 2001
The Grand Chamber found a violation of Articles 8 and 13 and awarded each applicant GBP 10,000 in respect of a separation which lasted a year. Article 8 imposes positive obligations of disclosure on a local authority involved in care proceedings: ‘The positive obligation on the Contracting State to protect the interests of the family … Continue reading TP And KM v The United Kingdom: ECHR 10 May 2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 11; Not necessary to examine Art. 9; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not necessary to examine Art. 18; Not necessary to examine P1-1; Not necessary to examine P1-3; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation … Continue reading The United Communist Party of Turkey And Others v Turkey: ECHR 30 Jan 1998
The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and detention which is laid down in Article 5(1)(c). The court agrees with the Commission and … Continue reading Fox, Campbell and Hartley v The United Kingdom: ECHR 30 Aug 1990
Hudoc The claimants said that the dissolution of their political party by the Turkish Constitutional Court infringed their rights. Judges: J-P Costa P Citations: 41340/98, [2001] ECHR 491, [2003] ECHR 87, 41343/98, [2001] ECHR 495, 41342/98 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Refah Partisi … Continue reading Refah Partisi (Welfare Party) And Others v Turkey: ECHR 31 Jul 2001
The applicant complained that she had been subject to degrading treatment, by virtue of the conditions under which she had first been held in a police cell, and subsequently in prison. She was very severely disabled, and the treatment was unsuitable for her needs, in that male officers had been used to assist her attend … Continue reading Price v United Kingdom: ECHR 10 Jul 2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
A sentence of detention during her majesty’s pleasure when imposed on a youth was not the same as a sentence of life imprisonment, and the Home Secretary was wrong to treat it on the same basis and to make allowance for expressions of public opinion. Of a sentence under the section: ‘The Secretary of State … Continue reading Regina v Secretary of State For The Home Department, Ex Parte Venables, Regina v Secretary of State For The Home Department, Ex Parte Thompson: HL 12 Jun 1997
The claimants appealed against a refusal of their request for judicial review of the Secretary of State’s decision not to grant them exceptional leave to remain in the United Kingdom. If returned to Poland the daughter of the family would face educational difficulties. Held: The case presented at first instance had been factually incorrect. Everyone … Continue reading Holub and another v Secretary of State for Home Department: CA 20 Dec 2000
The claimant had come to England as a child from Italy. As an adult, he was convicted of a sexual assault against his daughter, and after release from his prison sentence of five years, he now appealed against a deportation order, saying that the respondent had failed to take account of the length of time … Continue reading B v Secretary of State for Home Department: CA 18 May 2000
The Act protects the privacy of a corporate body. A television company which secretly filmed in a company’s store could be held to have infringed the privacy of the company by the Broadcasting Standards Commission. The Act went further than the Human Rights Convention in this respect, but there is no reason to limit the … Continue reading Regina v Broadcasting Standards Commission, Ex Parte British Broadcasting Corporation: CA 6 Apr 2000
When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European Court of Human Rights in such matters. Where the Home Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee ECHR Judgment : Pecuniary damage – award : Second Section Committee Citations: 38206/11, [2018] ECHR 1022, [2020] ECHR 320 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 May 2022; Ref: … Continue reading Vasilevska And Bartosevic v Lithuania: ECHR 18 Dec 2018
The adjudicator’s function is effectively to retake the Home Secretary’s decision. In doing so he will have regard to the Home Secretary’s policy in relation to the deportation of offenders as a material fact but not as a substitute for or a fetter on the adjudicator’s own judgment. The court substantially departed from the approach … Continue reading Huang v The Secretary of State for the Home Department: CA 1 Mar 2005
Adjudications of the Advertising Standards Authority are prescribed by law, and the codes of practice are issued by virtue of statutory authority. The codes described a clear system for adjudicating complaints, and therefore anyone publishing advertising material could know in advance what rules applied, and what penalties he might incur. The need to ensure accuracy … Continue reading Regina ex parte Matthias Rath B v Matthias Rath Ltd the Advertising Standards Authority Ltd and its Reviewer: Admn 6 Dec 2000
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003
The claimant challenged the defendant’s policies on caring for elderly people within the community saying that it provided insufficient funds, and the procedures for review were inadequate and infringed her human rights. Citations: [2010] EWHC 414 (Admin), (2010) 13 CCL Rep 227 Links: Bailii Statutes: Chronically Sick and Disabled Persons Act 1970 2(1), National Health … Continue reading Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: Admn 11 Mar 2010
Order Judges: Irwin J Citations: [2014] UKSIAC 66/2008 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a … Continue reading Al-Jedda v Secretary of State for The Home Department (Deprivation of Citizenship Directions – Oral Ruling ): SIAC 7 Feb 2014
Deprivation of Citizenship – Substantive – Dismissed Judges: Keith J (Ch), Jordan SIJ Citations: [2010] UKSIAC 66/2008 Links: Bailii Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion … Continue reading Hilal Al-Jedda v Secretary of State for The Home Department: SIAC 26 Nov 2010
The police have power to release limited information about offenders. In this case known paedophiles were staying at a campsite, and their criminal record was disclosed to the site owner. There was no harrassment under s3 of the 1968 Act. On any duty of confidence: ‘I have great difficulty in accepting that the information which … Continue reading Regina v Chief Constable for North Wales Police Area Authority ex parte AB and CD etc: Admn 10 Jul 1997
Citations: 10994/05, [2011] ECHR 42 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 May 2022; Ref: scu.428098
The applicant for asylum had been involved in an airport bomb attack killing 10 people. Asylum had been refused on the basis that this was a non-political crime. Though the organisation had political objectives, those were only indirectly associated with the bomb attach which was disproportionate to those aims. Held: The involvement by the applicant … Continue reading T v Secretary of State for the Home Department: HL 22 May 1996
When a court considered ordering a restriction on reporting of a case until after it was concluded, it had a three stage test to apply. First, would the reporting create a not insubstantial risk of prejudice. If there was no such risk, an order could not be made. Second, would an order reduce or remove … Continue reading Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 48149/09, [2019] ECHR 10 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 May 2022; Ref: scu.633690
The claimant appealed dismissal of his claim for wrongful imprisonment having been detained in 1997 on being found unfit to plead to an offence of violence. Held: Parliament had a legitimate concern for the protection of the public, and defendants themselves, from persons whom it would be unfair to try because they have insufficient understanding … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: CA 25 Jul 2008
A prisoner had no right to facilities to artificially inseminate his wife. In this case, he might not be released for several years, and there were no medical reasons advanced for finding exceptional reasons under the Department policy. Provided the interference with the prisoner’s rights was proportionate, a refusal to provide the additional facilities which … Continue reading Regina v Secretary of State for Home Department ex parte Mellor: CA 4 Apr 2001
An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it … Continue reading Regina v Ministry of Defence Ex Parte Smith and Others: QBD 7 Jun 1995
ECHR Judgment : Protection of property : First Section Citations: 24313/10, [2020] ECHR 758 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 May 2022; Ref: scu.655771
Hudoc No violation of Art. 11 ; Not necessary to examine under Arts. 9, 10, 14, 17 and 18 41340/98 ; 41342/98 ; 41343/98 ; 41344/98‘ . . ..the expression ‘prescribed by law’ requires first that the impugned measure should have a basis in domestic law. It also refers to the quality of the law … Continue reading Refah Partisi (The Welfare Party) and Others v Turkey: ECHR 13 Feb 2003
ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Citations: 65286/13, [2019] ECHR 11 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.633654
ECHR Judgment : No Article 8 – Right to respect for private and family life : Fifth Section Citations: 18925/15, [2019] ECHR 12 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.633693
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 64347/12, [2019] ECHR 15 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.633641
ECHR Judgment : No Article 7 – No punishment without law : First Section Citations: 24705/16, [2019] ECHR 14 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.633617
ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – Unemployment benefits – Child with the nationality of a Member State – Right of residence of parents who are … Continue reading Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010
Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the Secretary of State by the 1998 Act to act compatibly with the right to respect for … Continue reading Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017
The applicants were Belgian nationals and medical practitioners. Dr Le Compte was suspended from practising medicine for two years for an offence against professional discipline. He appealed to the Appeals Council, alleging violations of Article 6. In his absence the Appeals Council rejected his case and substituted for the two year suspension a direction to … Continue reading Albert And Le Compte v Belgium (Article 50): ECHR 24 Oct 1983
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. Held: The view that appeals were restricted … Continue reading E v Secretary of State for the Home Department etc: CA 2 Feb 2004
Citations: 22789/09, [2010] ECHR 474 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 May 2022; Ref: scu.406802
The claimant appealed refusal of special leave to remain here after refusal of his application for asylum. Held: In view of the new material before the court it was not unarguable that the Secretary of State had not properly considered the material before him. Leave was given on that point only, and the case adjourned … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 27 Oct 1998
ECHR Judgment : Article 5 – Right to liberty and security : First Section Committee Citations: 55942/15, [2019] ECHR 13 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 May 2022; Ref: scu.633629
There was a dispute as to whether one of the fathers involved in the proceedings should have access to certain documents, including psychiatric reports, relating to the mother, her husband and the children. Munby J considered the effect of human rights law on the disclosure procedures in children proceedings. Held: Whilst an entitlement to a … Continue reading Re B (Disclosure to other parties): FD 2001
Where a person had been lawfully arrested, but later ordered to be released, because his continued detention was in breach of the Convention on Human Rights he could properly be denied compensation for the prior detention by the Secretary of State. There was no fault or maladministration on the part of the Home Secretary. The … Continue reading Regina v Secretary of State for the Home Department: CA 10 Nov 1999
Witnesses and others involved in children proceedings have article 8 rights. Citations: [2001] 2 FLR 1017 Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales Citing: Cited – Doorson v The Netherlands ECHR 26-Mar-1996 Evidence was given in criminal trials by anonymous witnesses and evidence was also read as a result of a … Continue reading Re B (Disclosure to Other Parties): 2001
The applicant had sought payment of a ‘Sure Start’ maternity grant. She had obtained a residence order in respect of her sister’s baby daughter who had been taken into care. She said that a payment would have been made to the partner of a mother or an adopter, and that she should be similarly entitled. … Continue reading Francis v Secretary of State for Work and Pensions: CA 10 Nov 2005
The applicant was serving a long sentence for serious offences. He had submitted several requests for ‘prison leave’ in order to carry out tasks in preparation for his eventual release. These had been refused by the Attorney General. The domestic courts in turn rejected his applications for judicial review on the ground that they had … Continue reading Boulois v Luxembourg: ECHR 14 Dec 2010
SLC Agricultural holdings – limited partnership tenancy – limited partner being agent of landlord – notice of dissolution of partnership validly given – notice given on 3 Feb 2003 – expected change of legislation on 4 Feb 2003 – retrospective change – notice ‘otherwise than for purpose’ of depriving of right – ‘deriving from this … Continue reading Salvesen v Riddell: SLC 29 Jul 2010
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 10214/21, [2022] ECHR 288 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.675471
Morland J said: ‘it is the duty of the courts to keep claims alleging trade libels within their proper bounds, particularly having regard to s.12(4) of the Human Rights Act 1998 and Article 10 of the Convention.’ Judges: Morland J Citations: [2003] EWHC 1099 Statutes: European Convention on Human Rights 10, Human Rights Act 1998 … Continue reading Charterhouse Clinical Research Unit Ltd v Richmond Pharmacology Ltd: QBD 2003
Neill LJ explained article 8 of the Convention in the light of Brind: ‘(1) Article 10 is not part of English domestic law. It is therefore not necessary for the Minister when exercising an administrative decision conferred on him by Parliament to exercise that discretion in accordance with the provisions of Art.10. Nor will a … Continue reading Regina v Secretary of State for the Environment, Ex parte NALGO: CA 1992
Two children were born in Norway to a British mother (M) and Norwegian father (F). Having lived in Norway, M brought them to England to stay, but without F’s knowledge or consent. M replied to his application for their return that the children would be at risk if returned, alleging psychological abuse by F. She … Continue reading Re E (Children) (Abduction: Custody Appeal): SC 10 Jun 2011
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 21925/15, [2019] ECHR 16 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 May 2022; Ref: scu.633604
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 51683/19, [2022] ECHR 150 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 May 2022; Ref: scu.671947
ECHR Judgment : Article 3 – Prohibition of torture : First Section Citations: 36296/19, [2022] ECHR 136 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 02 May 2022; Ref: scu.671957
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 14693/20, [2022] ECHR 138 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 May 2022; Ref: scu.671942
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 42758/15, [2022] ECHR 145 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 May 2022; Ref: scu.671958
ECHR Judgment : Article 6 – Right to a fair trial : First Section Citations: 32084/19, [2022] ECHR 135 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 May 2022; Ref: scu.671934
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 60241/19, [2022] ECHR 149 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 May 2022; Ref: scu.671935
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 8808/21, [2022] ECHR 142 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 April 2022; Ref: scu.671948
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 36508/19, [2022] ECHR 151 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 April 2022; Ref: scu.671950
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 27275/16, [2022] ECHR 144 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 April 2022; Ref: scu.671940
