ECHR Judgment : Article 3 – Prohibition of torture : First Section Committee Citations: 16883/15, [2018] ECHR 712 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 May 2022; Ref: scu.622532
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 2866/13, [2018] ECHR 710 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 May 2022; Ref: scu.622535
ECHR Prohibition of torture Article 3 – Extradition Conditional Kiribati Islands : Grand Chamber Citations: [2022] ECHR 331 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 May 2022; Ref: scu.676961
Application for judicial review of a decision of the Defendant relating to what the Claimant says was a fresh application for asylum or under Article 3 of the European Convention, within the meaning of paragraph 353 of the Immigration Rules HC 395. Judges: Timothy Corner J QC Citations: [2009] EWHC 1949 (Admin) Links: Bailii Statutes: … Continue reading Mohan, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 28 Jul 2009
The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which underlies the constitutional traditions common to the member states and which is laid down in articles 6 … Continue reading Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986
ECHR Judgment : Article 10 – Freedom of expression-{general} : Fifth Section Committee Citations: 30460/08, [2018] ECHR 707 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 May 2022; Ref: scu.622530
ECHR Judgment : Article 3 – Prohibition of torture : First Section Committee Citations: 36658/17, [2018] ECHR 715 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 May 2022; Ref: scu.622529
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 48929/12, [2018] ECHR 709 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 May 2022; Ref: scu.622523
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 47685/13, [2018] ECHR 711 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 May 2022; Ref: scu.622508
ECHR Judgment : Article 6 – Right to a fair trial : First Section Citations: 14078/12, [2018] ECHR 708 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 May 2022; Ref: scu.622514
ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Citations: 2822/16, [2018] ECHR 706 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 May 2022; Ref: scu.622519
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
Hudoc Judgment (Just satisfaction) Costs and expenses award – Convention proceedings Citations: 6538/74, [1980] ECHR 6 Links: Worldlii Statutes: European Convention on Human Rights 10 Jurisdiction: Human Rights Citing: See Also – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979 Offence must be ;in accordance with law’The court considered the meaning of … Continue reading The Sunday Times v The United Kingdom: ECHR 6 Nov 1980
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
An application for an anti-social behaviour order against an individual was a civil, not a criminal proceeding. The standard of evidence required was on the balance of probability; the civil standard. Such proceedings were not subject to the additional protection of the human rights convention. Necessarily, the circumstances from which protection was sought were ones … Continue reading Regina v Manchester Crown Court, ex parte McCann and others: QBD 22 Nov 2000
A law which removed a prisoner’s right to vote whilst in prison was not incompatible with his human rights. The implied right to vote under article 3 was not absolute, and states had a wide margin of appreciation as to how and to what extent the right should be limited, provided that the conditions should … Continue reading Regina (Pearson Martinez and Hirst) v Secretary of State for the Home Department and Others; Hirst v Attorney-General: QBD 17 Apr 2001
ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Inadmissible under Art. 6-1 with regard to criminal proceedings ; Inadmissible with regard to the second applicant ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected Citations: 51515/99, [2004] ECHR 136, [2004] … Continue reading Krzak v Poland: ECHR 6 Apr 2004
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
(Commission) Decision on admissibility. Residents of Derry applied alleging inter alia that there had been a breach of the procedural obligation under article 2 to hold a full investigation into the ‘Bloody Sunday’ killings in 1972. They alleged inadequacies in the Widgery Report, an investigation conducted by the RUC and the inquest that had been … Continue reading McDaid v United Kingdom: ECHR 1996
Mostyn QC J considered the impact of Art 8 of the European Convention on Human Rights on applications for residence and contact, saying: ‘On the facts of this case it is clear to me that supervised contact would only have been appropriate if there was the clearest and most compelling evidence that in some way … Continue reading In Re C (Abduction: Residence and Contact): FD 2006
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
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical records. Held: The need for involvement by the third party in the source’s wrongdoing is a … Continue reading Mersey Care NHS Trust v Ackroyd: QBD 7 Feb 2006
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
(Commission) The applicant was a civil servant and a Seventh-day Adventist. He was dismissed for his refusal to continue working after sunset on Fridays. His contract required him to work on Friday evenings after sunset. Held: The claim was manifestly ill-founded. The applicant had a duty to accept certain obligations to the State employer, including … Continue reading Konttinen v Finland: ECHR 3 Dec 1996
ECHR Judgment (Merits and Just Satisfaction) – Case of Mr Karatzalidis struck out of the list; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings. Citations: 20416/92, [1997] ECHR 16 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights … Continue reading Paskhalidis And Others v Greece 20416/92: ECHR 19 Mar 1997
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
The appellant challenged an order denying him asylum and for his return to Pakistan. He said that his return would infringe his human rights be exposing him to denial of his rights to freedom of thought and religious belief. Held: The considerations under article 9 were the same as those already expounded by the court … Continue reading Regina (Ullah) v Special Adjudicator: Admn 16 Jul 2002
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
The Refugee Convention had ‘indirectly’ been incorporated under English law. The court considered whether a person allowed entry by an immigration officer was lawfully here irrespective of other considerations. As to the case of Musis in the Bugdaycay case: ‘Each of the present applicants had only been granted temporary admission and they required, but had … Continue reading Regina v Secretary of State for the Home Department, Ex parte Singh: QBD 8 Jun 1987
A full restriction on the use of material emanating from a prison visit was unlawful as an interference with the right of free speech of the prisoner: ‘The blanket prohibition on making use of material obtained in a visit is not, on the evidence before me, therefore justified as the minimum interference necessary with the … Continue reading Regina v Secretary of State for Home Department ex parte Ian Simms and Michael Alan Mark O’Brien: QBD 19 Dec 1996
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
The complaint was that the mandatory child support payments meant that the father could not visit his children as often as he was entitled under the court’s order to do. The complaint of a direct breach of article 8 failed because he could not show that the impact upon his family life was sufficiently grave, … Continue reading Logan v United Kingdom: ECHR 6 Sep 1996
The keeping of a pet does not fall within the sphere of the owner’s private or family life for the purposes of Article 8. Citations: (1996) 21 EHRR CD 85 Statutes: European Convention on Human Rights 8 Cited by: Cited – Countryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005 The various … Continue reading Bullock v United Kingdom: ECHR 1996
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
The claimants said that the sanitation arrangements whilst incarcerated at HMP Albany had amounted to degrading treatment, in that the cells had not had in-cell sanitation. Held: The claims were struck out as a repeat of claims made in the Grant case. Judges: Hickinbottom J Citations: [2014] EWHC 1624 (QB) Links: Bailii Statutes: European Convention … Continue reading Ashton and Others v The Ministry of Justice: QBD 16 May 2014
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
An Asian youth was placed in a cell with another who was well known to be violent and racist. He was bludgeoned to death. The family sought a public investigation into how he came to be placed in such a position. An investigation had been refused by the Home Office. The family claimed, under the … Continue reading Regina (Amin) v Secretary of State for the Home Department: QBD 5 Oct 2001
There should be no difference between the exercise of a prerogative or of a statutory discretion when the Home Secretary allowed for an International Treaty which was not incorporated into English law. Citations: Times 15-Oct-1998 Statutes: European Convention on Human Rights 1950 (Cmnd) 8969) Jurisdiction: England and Wales Administrative Updated: 11 May 2022; Ref: scu.87831
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
A woman had been attacked by stray dogs in Bucharest and suffered debilitating health conditions. Held: The claim succeeded even when the Romanian government had no reason to think that this particular individual was at greater risk of being attacked by dogs than anybody else who lived in Bucharest. The authorities had broad and detailed … Continue reading Georgel And Georgeta Stoicescu v Romania: ECHR 26 Jul 2011
The applicant had been sentenced to eight years imprisonment for supplying heroin and released on licence after serving two-thirds of this sentence. He was recalled for breach of the residence conditions of his bail. The Parole Board then considered whether he should be released again and concluded that he should not. He sought to attack … Continue reading Brown v United Kingdom: ECHR 26 Oct 2004
The appellants claimed housing benefit. They appealed against rejection of their claims that the imposition of limits to the maximum sums payable, ‘the bedroom tax’, was unlawful on equality grounds. The claimants either had disabilities, or lived with dependent family with disabilities, or live in what are known as ‘sanctuary scheme’ homes (accommodation specially adapted … Continue reading MA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions: SC 9 Nov 2016
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 had made a claim to the tribunal, but then applied for an adjournment on medical grounds, submitting a medical certificate. Held: Where a refusal to exercise a discretion could lead to the loss of significant rights, a court should be particularly careful before refusing to exercise it. Here they had doubts about the … Continue reading Dr Y R Teinaz v Wandsworth Borough Council: CA 16 Jul 2001
The parties had expended very considerable sums preparing for a hearing. The hearing became abortive when it was questioned whether a member of the court had given the appearance of bias. The parties sought payment of their wasted costs from the Lord Chancellor, as the person responsible for providing the court, on the basis that … Continue reading In re Medicaments and Related Classes of Goods (No 4): CA 26 Jul 2001
The right to education of a child under Article 2 of Protocol 1 of the Convention, was not breached by an order enforcing immigration control with the effect of taking away from a good school a child who had become settled there. The Convention gave no right to an education in any particular country, and … Continue reading Regina v Secretary of State for the Home Department, ex parte Holub and Another: CA 13 Feb 2001
The interval between occasions of consideration of the granting of parole to a discretionary life prisoner, was to be determined on the facts and circumstances of each prisoner. There was no rule that the maximum period between reviews was to be two years. The earlier case had expressly stated that no maximum interval was being … Continue reading Regina v Parole Board, ex parte MacNeil: CA 18 Apr 2001
(Grand Chamber) Complaint as to non-disclosure of prosecution evidence. Held: The holding and use of the information in question had not been ‘in accordance with the law’, as required by article 8(2), because of the absence from the relevant national legislation of adequate protection against arbitrary interference. Judges: Mrs E Palm P Citations: (2000) 30 … Continue reading Amann v Switzerland: ECHR 16 Feb 2000
The applicant, a German national, claimed against the German consular and embassy officials in Morocco, alleging that they procured the Moroccan authorities to deport him from the country. The circumstances alleged by the applicant were bizarre. Held: He had not furnished sufficient proof in support of his allegations: ‘Whereas, in certain respects, the nationals of … Continue reading X v Federal Republic of Germany: ECHR 25 Sep 1965
The Secretary of State, when presenting an application for the disqualification of a company director is obliged to present a balanced picture. ‘It is accepted that these are not ordinary adversarial proceedings but have an element of public interest and may entail penal consequences. It follows that there is a duty on the applicant to … Continue reading Re Moonlight Foods Ltd , Secretary of State for Trade and Industry v Hickling: 1996
Article 3 requires: ‘the state to ensure that prisoners are detained in conditions which are compatible with respect for human dignity, that the manner and method of the execution of the measure do not subject them to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention and that, given … Continue reading Gelman v France: ECHR 2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
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
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
The Convention gave a right to a fair reputation which had to be upheld in the law, but the disciplinary procedures within a school independent appeal panel did not directly affect that reputation, and the procedures had been designed to respect the potential for damage, and to provide proper protection. It was not necessary in … Continue reading Regina v Secretary of State for Education and Employment and Others ex parte B, Regina v Same ex parte T, Regina v Same, ex parte C: QBD 8 Jun 2001
The applicants alleged, in particular, that the confiscation of their assets had been ordered in the absence of any procedure complying with Article 6 of the Convention. Held: There had been a violation despite the fact that Switzerland was under a clear international obligation, pursuant to article 25 of the UN Charter, to implement the … Continue reading Al-Dulimi and Montana Management Inc v Switzerland: ECHR 26 Nov 2013
The applicant, a specialist worker in the building industry, claimed unemployment benefit and was required as a condition of payment to accept work which he considered to be unsuitable for a person with his qualifications and socially demeaning. He refused the offer and brought a complaint of a violation of article 4. The Commission declared … Continue reading X v Netherlands: ECHR 1967
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
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 54261/13, [2022] ECHR 198 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 May 2022; Ref: scu.672193
(Commission) The applicant, Tuomo Kottinnen worked on the Finnish Railways. After five years he became a Seventh Day Adventist and declared that he could not work after sunset on Fridays. After several incidents when he left with the early setting of the Finnish winter sun, his employers dismissed him. Held: There had been no infringement … Continue reading Kontinnen v Finland: 1996
Complaints were made under articles 9, 10 and 11 by persons convicted of reorganising the Fascist Party in Italy. Citations: (1976) 5 DR 83 Statutes: European Convention on Human Rights 9 10 11 Cited by: Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005 … Continue reading X v Italy: ECHR 1976
Police officers had placed suspects in a cell together and covertly recorded their conversation in order to obtain evidence against them. The events took place in 1999. Held: The recording was outside any legal system of control and interefred with the defendants right to respect for his private life. The action infringed both articles 8 … Continue reading Wood v United Kingdom: ECHR 16 Nov 2004
The Comission found inadmissible an allegation that Sweden had infringed Article 8 by not providing financial assistance to a mother to allow her to stay at home to look after her children, rather than placing them in a creche and going out to work. ‘The Convention does not as such guarantee the right to public … Continue reading Andersson and Kullman v Sweden: ECHR 1986
The applicant’s tenancy came to an end on expiry of a notice to quit given by his wife, formerly a joint tenant with him, and possession was ordered. The Commission held that his complaint under article 8 was manifestly ill-founded because the alleged interference with the applicant’s rights under the article was justified under paragraph … Continue reading Ure v United Kingdom: ECHR 27 Nov 1996
A claimant must show a sufficient and continuing link with a place in order to establish that it is his home for purposes of article 8. Citations: (1996) 22 EHRR CD 123 Statutes: European Convention on Human Rights 8 Cited by: Cited – London Borough of Harrow v Qazi HL 31-Jul-2003 The applicant had held … Continue reading Mabey v United Kingdom: ECHR 1996
Claim for judicial review began as a challenge to the lawfulness of directions to remove the claimant from the United Kingdom. It now stands as a challenge to the defendant’s decision to certify the claimant’s human rights claim (article 8 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms) as … Continue reading Yarbo, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Jul 2014
The House heard an appeal from the magistrates’ refusal to commit the accused in the course of extradition proceedings. Held: There is no abuse of process jurisdiction in extradition proceedings. There is no power to state a case in relation to committal proceedings.Lord Reid said: ‘It is now well recognised that the court has power … Continue reading Atkinson v Government of the United States: HL 1969
A retrospective complaint of extradition to Uzbekistan was made. The applicants sought to resist their extradition from Turkey to Uzbekistan, saying they would be tortured. Held: Convention states must comply with orders made by the European Court of Human Rights. Turkey had failed to comply with interim measures ordered and was in breach of its … Continue reading Mamatkulov and Abdurasulovic v Turkey: ECHR 6 Feb 2003
The new system of appointment of lay members of employment tribunals is compliant with the right to a fair trial before an independent tribunal, particularly now where the Secretary of State had an interest in the proceedings. The Secretary had had power to select and remove the lay members of the tribunal, and the system … Continue reading Scanfuture UK Ltd, J M Link v K Bird J M Link C J Bennett Secretary of State for Department of Trade, Secretary of State for Department of Trade: EAT 23 Mar 2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Violation of Art. 13; Non-pecuniary damage – finding of violation sufficientFour Rule 39 letters had been opened over a 5 month period. Held: The prisoner could not claim to be a victim of a violation of article 8. Citations: 48521/99 Statutes: European Convention on Human … Continue reading Armstrong v The United Kingdom: ECHR 16 Jul 2002
The respondent introduced rules imposing fixed and penalties on HGV drivers coming into the UK who were found to have stowaway illegal entrants. The operators sought judicial review. Held: The penalty was in the character of a criminal penalty, not a civil one as proposed by the Secretary of State. The opportunities to challenge the … Continue reading International Transport Roth GmbH and Others v Secretary of State for the Home Department: QBD 5 Dec 2001
The non-referral of lifers to the Parole Board till the minimum tariff had expired was unreasonable. A decision of the Parole Board, which is chaired by a High Court judge, can be the subject of judicial review. Citations: Times 06-Oct-1995, Independent 04-Oct-1995, [1995] 7 Admin LR 861 Statutes: Criminal Justice Act 1991, European Convention on … Continue reading Regina v Secretary of State for the Home Department and Another, Ex Parte Norney and Others: QBD 6 Oct 1995
The Secretary of State announced a public enquiry into the Shipman case. He did not say whether it would be a public enquiry. The bereaved families and media wanted it to be public, and contended that it had been invalidly constituted, that an expectation had been created that it would be public, and that to … Continue reading Regina v Secretary of State for Health, Ex Parte Wagstaff etc: QBD 31 Aug 2000
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
That a detainee may be heard either in person or, where necessary, through some form of representation can be a fundamental procedural guarantee in matters of deprivation of liberty. Article 5(4)was inspired by the English law of habeas corpus. Citations: [1986] ECHR 12, 9862/82, (1986) 9 EHRR 71 Links: Worldlii Statutes: European Convention on Human … Continue reading Sanchez-Reisse v Switzerland: ECHR 21 Oct 1986
The court was asked whether Turkey was answerable under the Convention for its acts in Northern Cyprus. Held: It was unnecessary to determine whether Turkey actually exercised detailed control over the policies and actions of the authorities of the TRNC. It was obvious from the fact that more than 30,000 Turkish military personnel were engaged … Continue reading Loizidou v Turkey (Merits): ECHR 18 Dec 1996
Krugerrand coins were seized by the Commissioners and the claimant was unsuccessful in obtaining their restoration under what is now section 152(b) of the 1979 Act. It was argued that the request for restoration of the coins amounted to a determination of a criminal charge. Having noted that criminal charges under domestic law had been … Continue reading AGOSI v The United Kingdom: ECHR 24 Oct 1986
The claimant challenged rejection of his objection to the respondent’s ‘Prevent’ duty guidance which had prevented his speaking at universities. Judges: Sir Terence Etherton MR, Lady Justice Sharp, Lord Justice Irwin Citations: [2019] EWCA Civ 256 Links: Bailii, Bailii Summary Statutes: European Convention on Human Rights 10, Counter-Terrorism and Security Act 2015 15 Jurisdiction: England … Continue reading Butt, Regina (on The Application of) v The Secretary of State for The Home Department: CA 8 Mar 2019
The claimants challenged as discriminatory the statutory requirement for landlords to verify the immigration status of potential tenants and land occupiers. Held: The challenge succeeded. Judges: Martin Spencer Citations: [2019] EWHC 452 (Admin) Links: Bailii Statutes: Human Rights Act 1998 4, Immigration Act 2014 20-37, European Convention on Human Rights 8 14, Equality Act 2010 … Continue reading Joint Council for The Welfare of Immigrants, Regina (on The Application of) v Secretary of State for The Home Department: Admn 1 Mar 2019
Citations: [1983] 6 EHHR 62, [1983] ECHR 11, 7113/75, 7136/75, 5947/72, 6205/73, 7052/75, 7061/75, 7107/75 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 8 13 Jurisdiction: Human Rights Citing: See Also – Silver And Others v The United Kingdom ECHR 25-Mar-1983 There had been interference with prisoners’ letters by prison authorities. The Commission … Continue reading Silver And Others v The United Kingdom (Art 50): ECHR 24 Oct 1983
ECHR Judgment : Article 3 of Protocol No. 1 – Right to free elections-{general} : Second Section Committee Citations: 9526/20, [2022] ECHR 109 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 April 2022; Ref: scu.671773
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 24178/14, [2022] ECHR 147 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 April 2022; Ref: scu.671936
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 26091/09, [2018] ECHR 666 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620551
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 15783/10, [2018] ECHR 667 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620565
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 1570/15, [2018] ECHR 661 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620558
ECHR Judgment : No Article 6+6-3-d – Right to a fair trial : Fifth Section Citations: 59549/12, [2018] ECHR 671 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620543
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 49998/17, [2018] ECHR 670 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620544
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 35486/15, [2018] ECHR 663 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620532
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 31113/15, [2018] ECHR 669 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620542
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Citations: 10978/06, [2018] ECHR 657 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620512
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 4125/12, [2018] ECHR 659 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620518
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 48479/13, [2018] ECHR 665 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620508
ECHR Judgment : Article 6+6-3-c – Right to a fair trial : Fifth Section Citations: 35778/11, [2018] ECHR 658 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620519
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 66551/14, [2018] ECHR 660 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620520
