Search Results for: European Convention on Human Rights Art 6

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Stanley v London Borough of Tower Hamlets: QBD 26 Jun 2020

The Claimant sued the Council for breach of the Data Protection Act 1998, breach of the General Data Protection Regulation (Regulation (EU) 2016/679), breach of confidence, misuse of private information, and breach of Article 8 of the European Convention on Human Rights. Disclosure of medical records to attendees of child protection conference. Defendant’s application for … Continue reading Stanley v London Borough of Tower Hamlets: QBD 26 Jun 2020

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

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

Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore subject to security round-ups of such people which occurred when the … Continue reading Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey. Held: The concept of ‘persecution’ was central. It is necessary to investigate whether the treatment which the applicants reasonably fear would infringe a recognised human right. … Continue reading Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

Sandhu, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 16 Sep 2003

The claimant challenged the refusal of a right to appeal against the decision refusing hs asylum appeal. He had failed to attend two hearings. The respondent gave his certificate under section 73 that in his opinion the only purpose of the appeal was to delay removal. Held: The correct approach was to to treat it … Continue reading Sandhu, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 16 Sep 2003

Secretary of State for the Home Department v Sim and The Parole Board: CA 19 Dec 2003

The prisoner was subject to an extended sentence, and had been recalled to prison. He now complained that the recall procedure had infringed his human rights. Judges: Ward, Keene LJJ, Munby J Citations: [2003] EWCA Civ 1845, [2004] 2 WLR 1170, [2004] HRLR 15 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000& 85, … Continue reading Secretary of State for the Home Department v Sim and The Parole Board: CA 19 Dec 2003

Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

Test for police protection need The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2. Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s expectation being falsified either in one … Continue reading Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

Regina v Chief Constable of Norfolk, ex parte DF: Admn 2002

Test for need for police protection The court considered the duties of the police to protect the applicants. Held: The search for a phrase which encapsulates a threshold of risk which engages article 2 is a search for a chimera. The degree of risk described as ‘real and immediate’ in Osman . . as used … Continue reading Regina v Chief Constable of Norfolk, ex parte DF: Admn 2002

Fayed v United Kingdom: ECHR 6 Oct 1994

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

MA (Pakistan) v Secretary of State for the Home Department: CA 27 Jul 2009

The claimant appealed against refusal of leave to enter and cancelling his leave to remain. He had made his claim on human rights grounds, saying that the refusal would split him from his wife. He had been told that he would have to renew his application from abroad. Held: Where a case was properly founded … Continue reading MA (Pakistan) v Secretary of State for the Home Department: CA 27 Jul 2009

Z and T v United Kingdom: ECHR 28 Feb 2006

The applicants were Christian Pakistanis. Their asylum claims having failed, they feared that if returned to Pakistan, they would be persecuted, and asked for their article 9 rights, saying that the flagrant denial test should not be applied, as this would fail to respect the primacy of the applicants’ religious rights. Held: The argument was … Continue reading Z and T v United Kingdom: ECHR 28 Feb 2006

Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006

The defendant resisted extradition for a fraud prosecution brought 11 years after the relevant events which occurred in 1995. He had come to England in 2000, and the first he heard of the accusation was when he was arrested in September 2006. It was not suggested that he had deliberately fled the prosecution. Held: The … Continue reading Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006

Hamilton v Al Fayed: CA 26 Mar 1999

A member of Parliament was able to proceed with an action for defamation in respect of matters of which he had been criticised by the appropriate committee in Parliament. The trial would not impeach Parliament though retrying the issues. Lord Woolf MR said: ‘the vice to which Article 9 is directed (so far as the … Continue reading Hamilton v Al Fayed: CA 26 Mar 1999

Nicholds and others v Security Industry Authority: Admn 19 Jul 2006

Application for judicial review of, in substance, the licensing criteria prepared and published by the Defendant, the Security Industry Authority. The applicants were door supervisors refused licenses for previous convictions. Judges: Kenneth Parker QC J Citations: [2006] EWHC Admin 1792, [2006] EWHC 1792 (Admin), [2007] 1 WLR 2067, [2007] ICR 1076 Links: Bailii Statutes: Private … Continue reading Nicholds and others v Security Industry Authority: Admn 19 Jul 2006

Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007

The claimant sought damages, saying that he had been unlawfully detained when found unfit to plead in 1997. Held: The claim failed. (a) The 1964 Act, and its Scottish equivalent, did not authorise anything that was arbitrary. (b) It followed that Parliament did not, by the 1986 Order, pass subordinate legislation which authorised arbitrary detention … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007

Shreeve, Regina (on the Application of) v Secretary of State for the Home Department: Admn 26 Oct 2007

The prisoner as a buddhist was entitled to have in his cell an incense burner. He was accused of having a sharpened object. It was in the shape of a lotus leaf. No evidence was brought that the claimant had sharpened the object. Held: The claimant was entitled to relief. The priosn officer could not … Continue reading Shreeve, Regina (on the Application of) v Secretary of State for the Home Department: Admn 26 Oct 2007

Leander v Sweden: ECHR 26 Mar 1987

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

Regina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd: QBD 9 Dec 1992

An injunction was not granted to restrain the publication of a decision of the ASA pending the result of a challenge by way of Judicial Review. There is a general principle in our law that the expression of opinion and the conveyance of information will not be restrained by the courts save on pressing grounds. … Continue reading Regina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd: QBD 9 Dec 1992

FK (Democratic Republic of Congo) v Secretary of State for the Home Department: CA 14 Dec 2007

Appeal in which the issue centres around the concept of proportionality in applying Article 8 of the European Convention on Human Rights (‘the ECHR’), particularly where there has been significant delay on the part of the Secretary of State in dealing with an application for leave to remain in the United Kingdom. Citations: [2007] EWCA … Continue reading FK (Democratic Republic of Congo) v Secretary of State for the Home Department: CA 14 Dec 2007

O’Connor v Bar Standards Board: SC 6 Dec 2017

The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017

O’Connor v Bar Standards Board: CA 25 Jul 2016

The appellant said that the Board had infringed her human rights in its approach to disciplinary proceedings brought against her. She had been cleared and now sought a remedy. The Board successfully argued that her claims were out of time. Held: the limitation period under section 7(5)(a) had started to run when the Disciplinary Tribunal … Continue reading O’Connor v Bar Standards Board: CA 25 Jul 2016

B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006

The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006

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

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

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

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

Napier v Secretary of State for Home Department: Admn 29 Apr 2004

The claimant, whilst a prisoner. had been found guilty in disciplinary proceedings, and sentenced to additional days. He was not allowed representation at the hearing. The respondent argued that, the penalty having later been quashed, the hearing had been reduced in status to an administrative hearing which did not require compliance with the Human Rights … Continue reading Napier v Secretary of State for Home Department: Admn 29 Apr 2004

Dichand And Others v Austria: ECHR 26 Feb 2002

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses partial award – Convention proceedingsThe court pointed to the distinction in the context of political debate between a value judgment, where the proportionality of an interference may depend on whether … Continue reading Dichand And Others v Austria: ECHR 26 Feb 2002

MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004

The patient had been detained under the Act and was incapable of making an application for her freedom. Held: There was a duty on the state to ensure that mechanisms were made available to a patient to apply to review her continued detention where she was herself incompetent to make such an application. Having been … Continue reading MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004

Frette v France: ECHR 26 Feb 2002

A single homosexual man complained that the respondent state had made it impossible for him to adopt a child. Held: The claim was within the ambit of article 8 as regards respect for family life, but the court dismissed the claim under article 14 in conjunction with article 8, on margin of appreciation grounds. The … Continue reading Frette v France: ECHR 26 Feb 2002

Kutzner v Germany: ECHR 26 Feb 2002

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial awardThe mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life, and the placement of children in foster homes or other accommodation which they … Continue reading Kutzner v Germany: ECHR 26 Feb 2002

Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Another: IPT 12 Feb 2016

‘hearing in respect of the claim by Privacy International, the well known NGO, and seven internet service providers, of which Greennet Limited carries on operations in this country and the other Claimants have customers in this country, though their main operations are based abroad. The hearing has been of preliminary issues of law, whose purpose … Continue reading Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Another: IPT 12 Feb 2016

Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret Intelligence Service (and similarly also known as MI6) and the Government Communications Headquarters. Judges: Burton J P Citations: [2014] … Continue reading Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

Weber and Saravia v Germany: ECHR 29 Jun 2006

(Admissibility) ‘The first applicant is a freelance journalist who works for various German and foreign newspapers, radio and television stations on a regular basis. In particular, she investigates matters that are subject to the surveillance of the Federal Intelligence Service, notably armaments, preparations for war, drug and arms trafficking and money laundering. In order to … Continue reading Weber and Saravia v Germany: ECHR 29 Jun 2006

Palau Martinez v France: ECHR 16 Dec 2003

A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the mother’s religious practices and was discriminatory; although the protection of the children was a legitimate aim, there was, in the view of the Strasbourg court, no … Continue reading Palau Martinez v France: ECHR 16 Dec 2003

A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002

The applicant challenged regulations brought in by the respondent providing for foreigners suspected of terrorism to be detained where a British national suspect would not have been detained. The respondent had issued a derogation from the Convention for this purpose. Held: The people detained were those who could not be returned to their own country … Continue reading A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002

AM (Zimbabwe) v Secretary of State for The Home Department: SC 29 Apr 2020

Ability to deport the appellant, a Zimbabwean citizen, who, while lawfully resident here, has committed serious crimes. He seeks to challenge the order for his deportation by reference to article 3 of the European Convention on Human Rights providing: ‘No one shall be subjected to torture or inhuman or degrading treatment or punishment’. He is … Continue reading AM (Zimbabwe) v Secretary of State for The Home Department: SC 29 Apr 2020

Ahmad and Aswat v United States of America: Admn 30 Nov 2006

The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission. Held: The appeals failed. The court had diplomatic notes from the US government guaranteeing trial before an ordinary court, and that they would not be designated … Continue reading Ahmad and Aswat v United States of America: Admn 30 Nov 2006

Scholes v Secretary of State for the Home Department: CA 17 Oct 2006

The deceased had committed suicide whilst in prison. The judge had requested that prison should be told of the risk of self harm. The mother appealed refusal of the judge to grant a judicial review of the Home Secretary’s refusal to grant, as requested by the coroner. A public inquiry into the pre-sentence exercise, the … Continue reading Scholes v Secretary of State for the Home Department: CA 17 Oct 2006

HM v Switzerland: ECHR 26 Feb 2002

Citations: 39187/98, [2002] ECHR 157, [2002] 38 EHRR 314, (2004) 38 EHRR 17, [2002] MHLR 209 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 5(1) Jurisdiction: Human Rights Cited by: Cited – Austin and Another v Commissioner of Police of the Metropolis HL 28-Jan-2009 Movement retsriction was not Liberty Deprivation The claimants had been … Continue reading HM v Switzerland: ECHR 26 Feb 2002

EM (Lebanon) v Secretary of State for the Home Dept: CA 21 Nov 2006

The asylum applicant said that if she was returned to her home country, she would be judged under Sharia law, and would thereby lose custody of her son, and this would deny her her right to family life. Held: Any such loss would not be complete. She would retain visitation rights, and therefore the article … Continue reading EM (Lebanon) v Secretary of State for the Home Dept: CA 21 Nov 2006

Achour v France: ECHR 29 Mar 2006

Judges: Wildhaber P Citations: [2006] ECHR 268, (2007) 45 EHRR 2, 67335/01 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Achour v France ECHR 10-Nov-2004 ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 7; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; … Continue reading Achour v France: ECHR 29 Mar 2006

N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004

The appellant a foreign national, had been convicted of very serious sex offences, and as his sentence came to an end was ordered to be deported. He appealed saying this infringed his right to a family life. Held: The court had to balance the public revulsion at his crimes with the need for compassion. The … Continue reading N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004

J1 v Secretary of State for The Home Department: CA 27 Mar 2013

The applicant said that his proposed deportation to Ethiopia would infringe his article 3 rights, and in particular whether SIAC was entitled to conclude that assurances given by the Ethiopian Government were a satisfactory safeguard, even though not all the arrangements for monitoring fulfilment of those assurances were in place. Judges: Jackson, Elias, Treacy LJJ … Continue reading J1 v Secretary of State for The Home Department: CA 27 Mar 2013

Valiuliene v Lithuania: ECHR 26 Mar 2013

Citations: 33234/07 – HEJUD, [2013] ECHR 240 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Valiuliene v Lithuania (LS) ECHR 26-Mar-2013 ECHR Article 3Degrading treatmentInhuman treatmentEffective investigationInvestigative and procedural flaws resulting in prosecution of domestic-violence case becoming time-barred: . . Lists of cited by and citing cases may … Continue reading Valiuliene v Lithuania: ECHR 26 Mar 2013

Ismail v Secretary of State for Home Department: Admn 26 Mar 2013

The court was asked as to the extent of the Secretary of State’s discretion and obligation to consider a person’s Article 6 rights when requested personally to serve a judgment of an overseas court pursuant to a request for mutual legal assistance from the government of the country of that overseas court. The Claimant said … Continue reading Ismail v Secretary of State for Home Department: Admn 26 Mar 2013

A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013

A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B was 2 and a … Continue reading A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013

Lord Carlile of Berriew and Others, Regina (on The Application of) v Secretary of State for The Home Department: CA 20 Mar 2013

The applicants complained of the refusal of a visitors permit by the respondent to an eminent Iranian dissident. Held: The appeal was dismissed. Although the decision was an interference in the human rights of the applicants, that intereference had been supported by clear justification. Judges: Arden, Patten, McCombe LJJ Citations: [2013] EWCA Civ 199 Links: … Continue reading Lord Carlile of Berriew and Others, Regina (on The Application of) v Secretary of State for The Home Department: CA 20 Mar 2013

Myshchyshyn v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 41557/13, [2022] ECHR 772 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681711

Department for Work and Pensions v Courts: Admn 3 May 2006

The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006

Rowe and Davis v The United Kingdom: ECHR 16 Feb 2000

(Grand Chamber) Complaint as to non-disclosure of prosecution evidence. Judges: Wildhaber P Citations: [2000] ECHR 91 Links: Bailii Statutes: European Convention on Human Rights 5 6.1 Citing: Conjoined Hearing – Jasper v The United Kingdom ECHR 16-Feb-2000 Grand Chamber – The defendants had been convicted after the prosecution had withheld evidence from them and from … Continue reading Rowe and Davis v The United Kingdom: ECHR 16 Feb 2000

Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013

UTIAC 1. In cases to which the new Immigration Rules introduced as from 9 July 2012 by HC 194 apply, judges should proceed by first considering whether a claimant is able to benefit under the applicable provisions of the Immigration Rules designed to address Article 8 claims. Where the claimant does not meet the requirements … Continue reading Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013

Adamovych v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 2564/21, [2022] ECHR 795 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681628

Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

Adeojo and Another v Regina: CACD 6 Feb 2013

The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013

Selmouni v France: ECHR 25 Nov 1996

Citations: [1996] ECHR 100, 25803/94 Links: Bailii Statutes: European Convention on Human Rights 3 Cited by: Cited – Selmouni v France ECHR 28-Jul-1999 Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – . .Cited – Selmouni … Continue reading Selmouni v France: ECHR 25 Nov 1996

Giuseppina And Orestina Procaccini v Italy: ECHR 29 Mar 2006

The complainants said that the damages awarded for the delay in hearing their civil case were derisory. Judges: L Wildhaber, P Citations: [2006] ECHR 274 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: Cited – Giuseppina And Orestina Procaccini v Italy ECHR 10-Nov-2004 ECHR (French Text) Judgment (Merits and Just Satisfaction) – Preliminary … Continue reading Giuseppina And Orestina Procaccini v Italy: ECHR 29 Mar 2006

P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003

The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003

Scholes, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jan 2006

The deceased had committed suicide whilst in a Young Offenders Institute. The coroner had called for a further enquiry into the way he had been sentenced. The Home Office refused a public enquiry saying that the coroner’s inquest had satisfied its human rights duties. Judicial review was now sought of that decision. Held: The respondent … Continue reading Scholes, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jan 2006

Boldyrev And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 19957/21, [2022] ECHR 803 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681647

Kushtyev And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 15984/21, [2022] ECHR 798 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681699

Demidetskiy v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 50829/09, [2022] ECHR 770 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681667

Liu v Poland: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : First Section Citations: 37610/18, [2022] ECHR 793 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681702

MF (Article 8 – New Rules) Nigeria: UTIAC 31 Oct 2012

UTIAC Prior to the new immigration rules (HC 194) introduced on 9 July 2012, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights.The … Continue reading MF (Article 8 – New Rules) Nigeria: UTIAC 31 Oct 2012

Kornilov v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 25633/18, [2022] ECHR 791 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681687

Gorbunenko v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 23534/20, [2022] ECHR 782 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681672

JK, Regina (on The Application of) v The Secretary of State for The Home Department and Another: Admn 20 Apr 2015

JK a transgender (M-F) was biological father to two children sought the right to be described on the birth register as parent Judges: Mr Justice Hickinbottom Citations: [2015] EWHC 990 (Admin), [2015] 2 FCR 131, [2015] HRLR 10, [2016] 1 All ER 354 Links: Bailii Statutes: European Convention on Human Rights 8 14, Births and … Continue reading JK, Regina (on The Application of) v The Secretary of State for The Home Department and Another: Admn 20 Apr 2015

Redfearn v The United Kingdom: ECHR 6 Nov 2012

The applicant alleged that his rights had been infringed by his dismissal from his post as driver transporting children and adults with physical and/or mental disabilities. He had stood for election as a candidate for the British National Party, a party then allowing only white nationals as members. The majority of his customers and a … Continue reading Redfearn v The United Kingdom: ECHR 6 Nov 2012

Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, Slovenia And The Former Yugoslav Republic Of Macedonia: ECHR 6 Nov 2012

Citations: 60642/08 – HEJUD, [2012] ECHR 1880 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Emina Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, Slovenia And The Former Yugoslav Republic Of Macedonia ECHR 17-Oct-2011 . . Cited by: See Also – Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, … Continue reading Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, Slovenia And The Former Yugoslav Republic Of Macedonia: ECHR 6 Nov 2012

Parkhomenko And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 13422/21, [2022] ECHR 797 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681719

Bantysh And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 13063/18, [2022] ECHR 790 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681640

Telepenko v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 31763/20, [2022] ECHR 785 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681751

Cases Of De Wilde, Ooms And Versyp (‘Vagrancy’) v Belgium (Article 50): ECHR 10 Mar 1972

Citations: 2899/66, [1972] ECHR 1, 2832/66, 2835/66 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – In re De Wilde, Ooms and Versyp v Belgium (No 1) ECHR 18-Nov-1970 The applicants had been detained under Belgian vagrancy laws. An earlier decision had found that their rights had been infringed because of the … Continue reading Cases Of De Wilde, Ooms And Versyp (‘Vagrancy’) v Belgium (Article 50): ECHR 10 Mar 1972