ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 6-1; Remainder inadmissible. Citations: 35915/02 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.235661
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
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 4080/21, [2022] ECHR 351 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.677867
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 17730/08, [2022] ECHR 349 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.677878
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
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his. Held: The right to be referred to the parole board was a statutory right, which was not the same as an article 3 right to liberty and … Continue reading Secretary of State for the Home Department v Hindawi and Headley: CA 13 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
The appellants challenged a decision to grant planning consent for a private gipsy with mobile homes. The issue was whether the council in refusing permission and in issuing enforcement proceedings, had infringed the applicants human rights. The planning guidance required authorities to provide sites, but against other planning priorities. The Inspector had found little planning … Continue reading The First Secretary of State, Grant Doe, Gregory Yates, Paul Eames v Chichester District Council: CA 29 Sep 2004
A dwellinghouse had exploded, killing the occupants. The defendant was to be tried for alleged breaches of the 1974 Act in the gas supoplies to the house. The appellant complained that a jury trial would be an infringement of its rights, since a jury asked to sit for three to six months would be prejudiced … Continue reading Transco Plc v Her Majesty’s Advocates: HCJ 16 Sep 2004
The applicant was serving two life sentences for Mafia related activities. He challenged nine decrees issued by the Minister of Justice under which he was held under a special prison regime for a period of four years. His case related to delays by the courts in dealing with his challenge. The Court said: ‘the applicant … Continue reading Ganci v Italie: ECHR 30 Oct 2003
The applicant had been sentenced to 50 years’ imprisonment for several offences. He had leukemia and was to receive chemotherapy in hospital. He complained of the conditions to which he was subjected during the hospital visits, including the behaviour of the guards, and the fact that he had been chained to the hospital bed. Medical … Continue reading Mouisel v France: ECHR 14 Nov 2002
(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal house-hold refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house, killing his close relatives. The applicant claimed that the local authorities were responsible for the accident at the tip and for … Continue reading Oneryildiz v Turkey: ECHR 18 Jun 2002
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
The applicant entered the UK as a visitor, but resisted her return home saying that she had HIV, and would not receive proper treatment for her condition if returned to Zimbabwe. Held: the prohibition against inhuman and degrading treatment did not require a contracting state to guarantee medical treatment to aliens. Judges: Buxton LJ Citations: … Continue reading ZT v Secretary of State for the Home Department: CA 24 Nov 2005
‘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
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 appellant had been convicted of murder. The police had encouraged an informant to associate with him whilst in prison and to entice admissions from him. They had also recorded conversations whilst he was in the police station cells. Held: No system regulated such recordings, and accordingly the recordings were not according to law, and … Continue reading Allan v The United Kingdom: ECHR 5 Nov 2002
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 10 – Freedom of expression-{general} : Fourth Section Committee Citations: 39764/20, [2022] ECHR 374 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 June 2022; Ref: scu.677880
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
ECHR Judgment (Merits) – Lack of jurisdiction (complaint inadmissible); No violation of Art. 6-1; Not necessary to examine Art. 13.The court discussed whether article 6 requires a discretion to be given to a judge to make an award of costs in favour of a successful defendant: As to whether a ‘dispute’ over a ‘right’ existed … Continue reading Masson And Van Zon v The Netherlands: ECHR 28 Sep 1995
‘The Court notes that the Convention institutions have consistently taken the view that Article 6.1 does not apply to proceedings for interim relief. The purpose of such proceedings is to deal with a temporary state of affairs pending the outcome of the main proceedings; consequently they do not result in a determination of civil rights … Continue reading Fonseca Carreira v Portugal: ECHR 14 Jun 2001
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
Citations: 45069/98, [2000] ECHR 398, [2000] ECHR 399 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 19 June 2022; Ref: scu.211915
A person’s right to protect his/her reputation is among the rights guaranteed by ECHR Article 8 as an element of the right to respect for private life. Citations: 53984/00, [2007] ECHR 127, (2005) 40 EHRR 29 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 8 Cited by: Cited – Greene v Associated Newspapers Ltd … Continue reading Affaire Radio France et autres v France: ECHR 30 Mar 2004
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
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 8; Violation of Art. 13 with regard to the complaint under Article 6-1; Not necessary to examine Art. 13 with regard to the complaint under Art. 8; Non-pecuniary damage – financial award Citations: 53176/99, [2002] ECHR 27, ECHR 2002-I Links: Worldlii, Bailii … Continue reading Mikulic v Croatia: ECHR 7 Feb 2002
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
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 28508/14, [2018] ECHR 930 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 June 2022; Ref: scu.628892
ECHR Judgment : No Article 1 of Protocol No. 1 – Protection of property : First Section Citations: 78005/11, [2018] ECHR 917 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 June 2022; Ref: scu.628888
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 66590/10, [2018] ECHR 929 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 June 2022; Ref: scu.628875
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
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
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Citations: 621/14, [2022] ECHR 381 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 June 2022; Ref: scu.677872
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of Art. 13; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic and Convention proceedings. Citations: 29052/03 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 June 2022; Ref: scu.235178
‘In matters relating to striking a balance between protecting private life and the freedom of expression that the Court had had to rule upon, it has always emphasised . . the requirement that the publication of information, documents or photographs in the press should serve the public interest and make a contribution to the debate … Continue reading Leempoel and SA ED Cine Revue v Belgium: ECHR 9 Nov 2006
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 23614/20, [2022] ECHR 375 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 June 2022; Ref: scu.677889
ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section Committee Citations: 20425/20, [2022] ECHR 373 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 June 2022; Ref: scu.677874
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
A youth had died in police custody a few hours after being arrested for attempted theft. Held: The court considered the investigation required: ‘There must be a sufficient element of public scrutiny of the investigation or its results to secure accountability in practice as well as in theory, maintain public confidence in the authorities’ adherence … Continue reading Anguelova v Bulgaria: ECHR 13 Jun 2002
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings Citations: 61995/00, [2004] ECHR 117 Links: Worldlii, Bailii Statutes: European Convention … Continue reading Montanari v Italy: ECHR 11 Mar 2004
The applicant asserted that his rights had been infringed by the prolonged delay in returning to him possession of an apartment he had let. It had taken from 1993 to April 2001 to complete the judicial proceedings. Held: The court had no reason to differentiate between this and earlier similar cases, and found a breach, … Continue reading Miscioscia v Italy: ECHR 31 Jul 2003
Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 20919/05, [2019] ECHR 279 Links: Bailii Statutes: European Convention on Human Rights 6 Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.636049
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 : No Article 5 – Right to liberty and security : Grand Chamber Citations: 35553/12, [2018] ECHR 856 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.628860
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
ECHR The applicants complained, firstly, the amount of compensation awarded to them following an expropriation procedure: according to them, it was not reasonably related to the actual value their property. They see it as a violation of Article 1 of Protocol N o 1 to the Convention. Judges: Isabelle Berro, P Citations: 44262/10 – Chamber … Continue reading Moreno Diaz Pena And Others v Portugal: ECHR 4 Jun 2015
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
Article 8-1 Respect for private life Indiscriminate capture and sharing of vast quantities of communication data by state security services: communicated The applicants are three non-governmental organisations based in London and an academic based in Berlin, all of whom work internationally in the fields of privacy and freedom of expression. Their applications to the Court … Continue reading Big Brother Watch And Others v The United Kingdom: ECHR 7 Jan 2014
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 17839/21, [2022] ECHR 352 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.677884
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
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings Citations: 34549/97 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.172169
Confiscation proceedings fell to be treated as part of the process of sentencing after conviction and did not, of themselves, involve charging the offender with offences other than those of which he had been convicted and which had given rise to the sentencing process. Citations: 19581/04 Statutes: European Convention on Human Rights 6.2 Jurisdiction: Human … Continue reading Van Offeren v The Netherlands: ECHR 5 Jul 2005
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Committee Citations: 4642/17, [2022] ECHR 355 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.677858
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
ECHR Judgment : Article 3 – Prohibition of torture : Second Section Committee Citations: 6544/20, [2022] ECHR 369 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.677871
The procedures in English law which provided for privacy for proceedings involving children did not in general infringe the human right to family life, nor the right to a public hearing. Where relatives more distant than immediate parties were affected, the rules allowed application for their admission to the proceedings, and leave could also be … Continue reading B v The United Kingdom; P v The United Kingdom: ECHR 24 Apr 2001
Citations: 48566/99, [2003] ECHR 156 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 June 2022; Ref: scu.213371
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Citations: 8709/20, [2022] ECHR 347 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 June 2022; Ref: scu.677873
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
ECHR Judgment : Article 2 – Right to life : Second Section Committee Citations: 38059/12, [2022] ECHR 376 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 June 2022; Ref: scu.677885
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 54115/15, [2022] ECHR 383 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 June 2022; Ref: scu.677890
There is a real risk to SC of inhuman or degrading treatment, in contravention of article 3 of the European Convention on Human Rights (‘ECHR’) in urban but not in rural parts of his country of origin, Jamaica. So, his deportation to that country by the Secretary of State for the Home Department (‘SSHD’), as … Continue reading SC (Jamaica) v Secretary of State for The Home Department: SC 15 Jun 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
Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; Violation of Art. 6-1 with regard to length ; Not necessary to examine Art. 6-1 with regard to access to court ; Not necessary to examine Art. 8 ; Violation of Art. 13 ; Non-pecuniary damage – financial award ; Costs … Continue reading EO and VP v Slovakia: ECHR 27 Apr 2004
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 10; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award (domestic proceedings); Costs and expenses award (Convention proceedings). Citations: 66298/01, [2005] ECHR 862, 15653/02 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human … Continue reading Wirtschafts-Trend Zeitschriften-Verlagsgesellschaft MBH (No 3) v Austria: ECHR 13 Dec 2005
Article 6 guarantees a duty to provide adequate reasons for an authority’s decision. It is only by giving a reasoned decision that there can be public scrutiny of the administration of justice. Citations: 49684/99, (2004) 38 EHRR 7, [2001] ECHR 559 Links: Bailii Statutes: European Convention on Human Rights 6 Jurisdiction: Human Rights Cited by: … Continue reading Hirvisaari v Finland: ECHR 27 Sep 2001
‘These two appeals arise out of actions for damages brought against the United Kingdom government by detainees, alleging unlawful detention and maltreatment by British forces. They are two of several hundred actions in which similar claims are made. In both cases, the claim is based in part on article 5(1) of the European Convention on … Continue reading Al-Waheed v Ministry of Defence: SC 17 Jan 2017
Reasons for orders following a case management hearing to review whether there are steps which the court should now be taking to procure compliance by the Secretary of State for Defence with the duty of the UK under articles 2 and 3 of the European Convention on Human Rights (the ‘Convention’), incorporated into English law … Continue reading Al-Saadoon and Others v Secretary of State for Defence: Admn 26 Jun 2015
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 appellant had been convicted and sentenced at the age of 13 for serious sexual offences committed at the age of 11. It was said that the judge had not considered the effect if being required to comply with notification requirements under the 2003 Act, which, it was said had been found in contravention of … Continue reading F, Regina v: CACD 27 Jan 2009
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
The court referred to ‘the fundamental importance of the guarantees contained in Article 5 for securing the right of individuals in a democracy to be free from arbitrary detention at the hands of the authorities’ and to the need to interpret narrowly any exception to ‘a most basic guarantee of individual freedom.’ Enforced disappearance is … Continue reading Kurt v Turkey: ECHR 25 May 1998
ECHR Judgment : Article 3 – Prohibition of torture : First Section Committee Citations: 29744/13, [2022] ECHR 385 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 June 2022; Ref: scu.677891
The applicant had been convicted of criminal offences. He submitted an appeal by way of a plea of nullity. He complained that the Appeal court dealt with his application without serving on him a copy of the advice given to the Court by the Procurator General and without giving him and opportunity to comment, infringing … Continue reading Josef Fischer v Austria: ECHR 17 Jan 2002
ECHR Judgment : Article 14+3 – Discrimination on the basis of sexual orientation : Fourth Section Citations: 71367/12, [2022] ECHR 367 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 June 2022; Ref: scu.677877
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Committee Citations: 58282/19, [2022] ECHR 384 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 June 2022; Ref: scu.677870
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 defendant claimed that he had gone absent without leave from the RAF as a conscientous objector. Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was no procedure to make his objection known, the failure to do so might … Continue reading Khan v Royal Air Force Summary Appeal Court: Admn 7 Oct 2004
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
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings Citations: 63414/00, [2003] ECHR 660 Links: Bailii Statutes: European Convention on … Continue reading Scaravaggi v Italy: ECHR 4 Dec 2003
The Commissioners had found what they considered to be an excess of dutiable goods brought into the country by the tax payer, and had forfeited the car. The court considered the effect of the Gora case. Held: The difficult statements in Gora were obiter. In a case where the deeming provisions under paragraph 5 are … Continue reading Gascoyne v Customs and Excise and Another: CA 28 Jul 2004
The applicant had for many years before 1992 had a protected tenancy of a publicly-owned flat in Zadar. Under Croatian law a specially-protected tenancy might be terminated if the tenant ceased to occupy the flat for a continuous period of six months, but not if the tenant’s failure was attributable to medical treatment, military service … Continue reading Blecic v Croatia: ECHR 29 Jul 2004
Proceedings before the Mental Health Review Tribnal had been very nearly all held in private. The patient, Ian Brady sought to have his hearing in public. Held: Beatson J approved the Tribunal’s reasons forfind that their privacy rules were a proper and proportionate departure from the principle of open justice and thus compatible with article … Continue reading Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others: Admn 22 Jul 2004
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial awardThere is little scope under article 10(2) of the Convention for restrictions on political speech or on debate on questions of public interest. Judges: Sir Nocholas Bratza Citations: … Continue reading Hrico v Slovakia: ECHR 20 Jul 2004
There had been a collision at sea. Held: (Addendum) Where the admiralty court sought advice from assessors, modern good practice required that the advice should be disclosed to the parties advisers and that they have opportunity to comment. Nautical assessors are experts within the Rules. The practice set out in the Hannibal did not fulfil … Continue reading ‘Bow Spring’, Owners of Ship v ‘Manzanillo Ii’, Owners of Ship: CA 28 Jul 2004
The applicant sought to resist orders for the return to the US of what were alleged to be the proceeds (direct or indirect) of a fraud committed there. She had been in contempt of the court in the US and was a fugitive here. She complained that the US court had refused to allow her … Continue reading Government of the United States of America v Barnette and Montgomery (No 2): HL 22 Jul 2004
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
A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for life, with a stipulation that he was to leave this inheritance to a son or grandson of a lawful and canonical marriage, failing which the estate was to pass to the children and grandchildren of the testatrix’s … Continue reading Pla and Puncernau v Andorra: ECHR 13 Jul 2004
ECHR Judgment (Merits and just satisfaction) Preliminary objections dismissed (victim, non-exhaustion of domestic remedies) ; Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 5-5 ; No separate issue under Art. 13 ; No violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – finding of violation … Continue reading Pavletic v Slovakia: ECHR 22 Jun 2004
Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; Violation of P1-1 ; Just satisfaction reserved ; Costs and expenses partial award – Convention proceedingsGrand Chamber – the principle of lawfulness inherent in A1P1 ‘presupposes that the applicable provisions of domestic law are sufficiently accessible, precise and foreseeable in their … Continue reading Broniowski v Poland: ECHR 22 Jun 2004
Depriving a Turkish Cypriot living in the Government-controlled area of Cyprus of the right to vote was a breach of article 3. However: ‘States enjoy considerable latitude to establish rules within their constitutional order governing . . the composition of the Parliament, and . . the relevant criteria may vary according to the historical and … Continue reading Aziz v Cyprus: ECHR 22 Jun 2004
The mother had challenged payments required of her by way of child support. The Secretary of State now appealed. Held: The appeal was rejected: ‘a gay relationship can be a family for the purpose of [A]rticle 8’. There was no reason, in the context of child support legislation, to distinguish between families according to the … Continue reading (Un-named): SSCS 1 Oct 2003
The claimant sought damages for increased road noise resulting from traffic control measures taken by the respondent. Held: The defendants action to strike out the claim could not succeed. They had not shown that the claim was unarguable, however difficult were the prospects of success. Judges: Mr Justice Collins Citations: [2004] EWHC 970 (QB) Links: … Continue reading Andrews v Reading Borough Council: QBD 29 Apr 2004
ECHR Judgment (Merits and just satisfaction) Violation of Art. 8 ; Costs and expenses partial award – Convention proceedings Citations: 50210/99, [2004] ECHR 175 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Doerga v The Netherlands ECHR 8-Aug-2011 . . Lists of cited by and citing cases … Continue reading Doerga v The Netherlands: ECHR 27 Apr 2004
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
Application for Judicial Review of a decision of the Legal Aid Department on an application for legal aid under the green form scheme in connection with preparatory legal work for the Inquest into the death of the applicant’s husband. This application involves two broad attacks, the first being to the particular decision and the second … Continue reading Hemsworth, Re an Application for Judicial Review: QBNI 26 Apr 2004
The claimant sought damages for having had its licence to catch Patagonian toothfish off South Georgia revoked, saying that it had infringed its property rights under the Convention. Held: Though the Convention rights had been extended to cover the Falkland Islands and its dependencies, the rights under the first protocol had not been so extended, … Continue reading Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for the Foreign and Commonwealth Affairs: CA 29 Apr 2004
