ECHR Judgment : Article 6 – Right to a fair trial : Second Section ECHR Judgment : Right to a fair trial : Grand Chamber Citations: 26374/18, [2019] ECHR 204, [2020] ECHR 844 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 June 2022; Ref: scu.636013
ECHR Judgment : No Article 7 – No punishment without law : Fourth Section Citations: 28859/16, [2019] ECHR 205 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 June 2022; Ref: scu.636009
ECHR Judgment : Article 2 – Right to life : Third Section Committee Citations: 19650/11, [2019] ECHR 201 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.636007
ECHR Judgment : Article 2 – Right to life : Third Section Committee ECHR Judgment : Pecuniary and non-pecuniary damage – award : Third Section Committee Citations: 22983/10, [2019] ECHR 202, [2020] ECHR 446 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.636021
W had been brought to the UK illegally by Chinese gangs. He had argued that his considerable debts to these gangs meant that if returned he or his family would be subject to severe physical threat including death. The SS now appealed from his grant of asylum. Citations: [2002] EWCA Civ 1189 Links: Bailii Statutes: … Continue reading Wu v Secretary of State for Home Department: CA 5 Jul 2002
Citations: 44458/98, [2001] ECHR 639, [2001] ECHR 646 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 June 2022; Ref: scu.212561
Citations: 48402/99, [2001] ECHR 629, [2001] ECHR 636 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 June 2022; Ref: scu.212551
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
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
Citations: 19674/92, [2001] ECHR 373 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 June 2022; Ref: scu.212365
Appeals by the SS from two decisions that removal of respondents from the UK was not required, after allowing for article 8 rights. Citations: [2019] EWCA Civ 661 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales Immigration, Human Rights Updated: 17 June 2022; Ref: scu.635795
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
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
ECHR Judgment : No Article 10 – Freedom of expression-{general} : Second Section Citations: 15136/20, [2022] ECHR 314 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 June 2022; Ref: scu.676965
The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery. Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights … Continue reading Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004
The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve. Held: In exercising this function, the LCJ was acting in a judicial capacity, and therefore his recommendation was not subject to … Continue reading Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003
The appellant had been found unfit to plead after assaulting his son, and he had been detained under the 1964 Act. He alleged his detention was in breach of his right to a fair trial. His release had been authorised subject to the appointment of a supervising psychiatrist. He complained that his detention was unlawful … Continue reading Regina v Secretary of State for the Home Department and Another ex parte IH: HL 13 Nov 2003
The prisoner was convicted of an armed robbery in which a policeman had been shot, and had been sentenced to life imprisonment. The judge set no tariff himself. The tariff was set by the Home Secretary, but only after some time. The discretionary life prisoner had been refused the right to make oral representations to … Continue reading Easterbrook v The United Kingdom: ECHR 12 Jun 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 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 parties sought repayment as part of their costs of insurance premiums paid by claimants undertaking litigation. Held: The underwriters charged andpound;140.00 for each case. Claims Direct charged a premium of andpound;1,250.00 for each case, and out of which they paid the underwriters. The underwriters would not insure unless appropriate arrangements were in place for … Continue reading In re Claims Direct Test Cases: CA 12 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
Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum applications. Held: All three claims failed. The essential object of article 8 is to protect individuals against … Continue reading Anufrijeva v Secretary of State for the Home Department: CA 22 Mar 2002
The applicant had been convicted of murder. He complained to the European Commission of Human Rights that one of the prosecution witnesses had identified him when he was brought into a room where the witness was being questioned. For identification purposes he ought to have been placed in a room along with others of similar … Continue reading Tani v Finland: ECHR 12 Oct 1994
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
A decision to impose a penalty on a taxpayer, involved a charge of a criminal nature, for the purposes of article 6 of the Convention. It was necessary, therefore, to proceed with such a matter quickly. Even so, in the imposition of such penalties, there was no point upon which the burden of proof did … Continue reading James Murray King v Annie Marie Walden (HM Inspector of Taxes): ChD 12 Jun 2001
Evidence was acknowledged to have been obtained unlawfully and in breach of another article of the Convention. The police had installed covert listening devices on private property without the knowledge or consent of the owner. UK national law did not regulate sufficiently the use of covert listening devices to protect the individual’s rights under the … Continue reading Khan v The United Kingdom: ECHR 12 May 2000
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
The applicant had faced charges of hiring someone to kill his wife. He complained about the use of a recording of his telephone conversation with the man he hired recorded unlawfully by that man. Held: The ECHR does not address issues about the admissibility of evidence in the abstract or to deal with them as … Continue reading Schenk v Switzerland: ECHR 12 Jul 1988
The defendant complained that he had been tried and convicted in his absence. Held: The right to a fair trial had been breached: ‘the object and purpose of [article 6] taken as a whole show that a person ‘charged with a criminal offence’ is entitled to take part in the hearing. Moreover, sub-paragraphs (c), (d) … Continue reading Colozza v Italy: ECHR 12 Feb 1985
ECHR Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to emergency care order concerning J.; No violation of Art. 8 with regard to emergency care order concerning M.; No violation of Art. 8 with regard to normal care orders; Violation of Art. 8 with regard to failure to take steps to reunite … Continue reading K And T v Finland: ECHR 12 Jul 2001
Hudoc No violation of Art. 6-1; No violation of P1-1; No violation of Art. 14 Hudoc No violation of Art. 6-1; No violation of P1-1; No violation of Art. 14 Citations: 42527/98, [2001] ECHR 467 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – MAK and RK v The … Continue reading Prince Hans-Adam II of Liechtenstein v Germany: ECHR 12 Jul 2001
Citations: 55565/00, [2006] ECHR 1139 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 02 June 2022; Ref: scu.248122
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 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
The applicant challenged the refusal of his plea for asylum. He was an Iraqi Kurd. The order required him to be returned to Iraq. Held: Notwithstanding the apparent terms of the order, he would in fact be returned to the Kurdish area of Iraq, where he would be safe from any form of persecution other … Continue reading Regina (Mohamad) v Secretary of State for the Home Department: QBD 29 Nov 2002
The applicant sought to challenge an order for his return to Hong Kong under the Act. He said that the ordnance under which he was to be tried, and anti-corruption statute, infringed his human rights by transferring to him the burden of proof. The Secretary of State argued that an English court should not impose … Continue reading Regina v Secretary of State for Home Department ex parte Peter Elliot: Admn 18 Jul 2001
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
ECHR Judgment : Violation of Right to a fair trial Administrative proceedings Impartial tribunal Citations: 46227/11, [2017] ECHR 1128 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 May 2022; Ref: scu.608196
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
The claimant objected to the retention of data about him as to his attendance at assorted political protests. He had not engaged in criminality. Judges: Gross LJ, Irwin J Citations: [2012] EWHC 1471 (Admin), [2012] HRLR 23 Links: Bailii Statutes: European Convention on Human Rights 8, Data Protection Act 1998 Jurisdiction: England and Wales Cited … Continue reading Catt v The Commissioner of Police of The Metropolis: Admn 30 May 2012
The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant argued that UN resolution 1546 requiring it to maintain order in Iraq displaced the … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005
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
Speciality protection requirement satisfied by undertaking for re-surrender given by Hong Kong Chief Executive, despite excess time on bail. For the purposes of a challenge to extradition under domestic law, an applicant for habeas corpus is to be treated as effectively in custody. Judges: Simon Brown LJ, Mance J Citations: Gazette 18-Mar-1998, [1998] EWHC Admin … Continue reading Regina v Secretary of State for the Home Department ex parte Launder: QBD 18 Mar 1998
When assessing whether the defendant’s right to a trial within a reasonable time had been infringed, the court should look as from the date at which he was charged, or served with a summons, and not from the date of the first interview. Although a suspect could suffer material prejudice from the date of the … Continue reading Attorney General’s Reference (No 2 of 2001): CACD 12 Jul 2001
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 6240/18, [2019] ECHR 56 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 May 2022; Ref: scu.633612
The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview. Held: The claim succeeded. The decision was quashed and must be retaken. If ever any case justified exceptional treatment, this was one. He had been held without trial for … Continue reading British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad: Admn 11 Jan 2012
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 : Article 1 of Protocol No. 1 – Protection of property : Second Section Citations: 22388/07, [2019] ECHR 138 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.633757
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 6338/11, [2019] ECHR 123 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.633708
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 pursuer, a cigarette vending machine operator, challenged section 9 of the 2010 Act saying that the section was incompatible with its rights under article A1P1 of the Convention, and with article 34 of the Treaty on the Functioning of the European Union. Held: The claim failed. Citations: [2012] CSIH 80 Statutes: European Convention on … Continue reading Sinclair Collis Ltd v Lord Advocate: SCS 2012
Citations: 39579/98, [2001] ECHR 278, [2001] ECHR 281 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 May 2022; Ref: scu.212323
The applicant had been a discretionary life prisoner. His minimum period of detention had passed, but he continued to be detained under a transfer order for his treatment as mental health patient. Held: The absence of any means for him to challenge his continued detention infringed his rights. Had the Mental Health Review Tribunal decided … Continue reading Regina (D) v Secretary of State for the Home Department: QBD 19 Dec 2002
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
ECHR Judgment : Article 6+6-3 – Right to a fair trial : Fourth Section Citations: 1452/09, [2019] ECHR 139 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 May 2022; Ref: scu.633756
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 62610/12, [2019] ECHR 137 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 May 2022; Ref: scu.633737
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 37513/15, [2019] ECHR 130 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 May 2022; Ref: scu.633744
ECHR Judgment : Article 3 – Prohibition of torture : Second Section Committee Citations: 11152/11, [2019] ECHR 133 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 May 2022; Ref: scu.633720
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 7448/15, [2019] ECHR 128 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 May 2022; Ref: scu.633710
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012
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
Greek nationals had sued the German government for damages for war crimes committed in 1944. Judgment was obtained, but the judgment could be enforced against German state property in Greece only with the consent of the Minister of Justice, which could not be obtained. Proceedings to enforce the judgment without consent on the ground that … Continue reading Kalegoropoulou v Greece and Germany: ECHR 12 Dec 2002
Immediately after a child was born, the social worker began proceedings for it to be taken into care. The judge severely criticised the actions of the social worker before the birth. The local authority now appealed against an order at the conclusion of care proceedings that they should pay each parent damages in the sum … Continue reading In re V (a Child) (Care: pre-birth actions): CA 12 Oct 2004
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 38275/06, [2019] ECHR 132 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 May 2022; Ref: scu.633752
ECHR Judgment : Article 4 of Protocol No. 7 – Right not to be tried or punished twice-{general} : Second Section Committee Citations: 52623/14, [2019] ECHR 127 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 May 2022; Ref: scu.633741
The defendant had been convicted of murder in Scotland. He requested a transfer to an English prison. The trial judge recommended a tariff of eight years which was eventually set at 12 years by the respondent. That figure also exceeded the maximum recommended by the English judges who had reviewed the sentence. He complained that … Continue reading McFetrich, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Jun 2003
The applicant sought to challenge extradition proceedings on the grounds that it would be a breach of his human rights to allow him to be extradited to a country where he might face the death penalty, a penalty precluded under the Convention. The court held that the extradition proceedings themselves should not be affected by … Continue reading St John v United States of America and Another: CA 12 Jul 2001
The applicant had been convicted of contempt of court, but succeeded on appeal. Costs had been ordered in his favour, but the matter had been referred back to the court to consider the extent of its powers on such an occasion. Held: The making of an award of costs from central funds might be available … Continue reading Regina v Moore: CACD 12 May 2003
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 23814/15, [2019] ECHR 129 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.633732
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 10970/12, [2019] ECHR 124 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.633718
ECHR Judgment : Article 10 – Freedom of expression-{general} : Fourth Section Citations: 70465/12, [2019] ECHR 135 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.633738
ECHR Judgment : No Article 3 – Prohibition of torture : Second Section Citations: 33056/16, [2019] ECHR 131 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.633707
ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee Citations: 42294/13, [2019] ECHR 125 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.633706
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 47167/11, [2019] ECHR 134 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.633701
The judgment of Collins J in Lekstaka [2005] EWHC 745 (Admin) established that on Judicial Review of a refusal of the Immigration Appeal Tribunal of permission to appeal to it that claimant’s case was arguable, but did not decide the merits of that case nor establish general propositions applicable to other cases. As now clarified … Continue reading KL (Article 8, Lekstaka, Delay, Near-Misses) Serbia and Montenegro: IAT 18 May 2007
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
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 61443/13, [2019] ECHR 126 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 May 2022; Ref: scu.633735
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 40829/12, [2022] ECHR 174 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 May 2022; Ref: scu.672184
The applicants had been evicted, following the service of a notice to quit, from a caravan site where they had lived for many years. The respondent admitted that the eviction constituted an interference with the applicants’ right to respect for their home, even though they had by that stage no rights in relation to it. … Continue reading P v United Kingdom: ECHR 12 Dec 1990
A reservoir had flooded drowning victims. Held: The primary duty under the positive obligation was to have a legislative and administrative framework in place to provide effective deterrence against threats to the right to life which must include practical measures to ensure the effective protection of citizens whose lives might be endangered.The Court reiterates that … Continue reading Kolyadenko And Others v Russia: ECHR 28 Feb 2012
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
ECHR Judgment : Article 3 – Prohibition of torture : First Section Committee Citations: 11757/15, [2018] ECHR 602 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620568
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 39041/15, [2018] ECHR 603 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620562
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 57991/15, [2018] ECHR 605 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620554
ECHR Judgment : Article 3 – Prohibition of torture : First Section Committee Citations: 47580/13, [2018] ECHR 601 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620545
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Committee Citations: 64855/11, [2018] ECHR 600 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620539
ECHR Judgment : No Article 6 – Right to a fair trial : Fifth Section Citations: 62784/09, [2018] ECHR 599 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620533
