ECHR Judgment : Article 14+P1-2 – Prohibition of discrimination : Fourth Section Citations: 64480/19, [2022] ECHR 935 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 January 2023; Ref: scu.682622
(Admissibility – Commission) The claimant, a United States national, said that the proceedings for his extradition from the United Kingdom to the United States infringed article 6(3)(d), because he was not permitted to cross-examine the witnesses against him in the United Kingdom. Held: Although ‘the tasks of the Magistrates’ Court included the assessment of whether … Continue reading Kirkwood v The United Kingdom: ECHR 12 Mar 1984
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
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
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
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Citations: 57906/18, [2022] ECHR 932 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682645
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee Citations: 35839/13, [2022] ECHR 928 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682634
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
(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 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
Citations: 34173/96, [1999] ECHR 108, 24846/94, 34165/96, [2011] ECHR 1257 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Zielinski v France ECHR 28-Oct-1999 Hudoc The applicants challenged a retrospective change in employment law under article 6(1). Held: The court stated that while in principle the legislature is … Continue reading Zielinski, Pradal, Gonzalez and Others v France: ECHR 8 Jun 2011
Hudoc The applicants challenged a retrospective change in employment law under article 6(1). Held: The court stated that while in principle the legislature is not precluded in civil matters from adopting new retrospective provisions to regulate rights arising under existing laws, the principle of the rule of law and the notion of fair trial enshrined … Continue reading Zielinski v France: ECHR 28 Oct 1999
(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The district judge had found that save for a period when he resided with … Continue reading Dublin City Council v Gallagher: 11 Nov 2008
Judges: Holman J Citations: [2007] EWHC 1028 (Admin), (2007) 10 CCL Rep 464, [2007] 1 WLR 2239 Links: Bailii Statutes: European Convention on Human Rights 5, Mental Health Act 1983 75(1) Jurisdiction: England and Wales Human Rights, Health Updated: 07 December 2022; Ref: scu.252401
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
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
Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have been imposed on the applicants (warning, censure and reprimand . .), the suspension of which they complained undoubtedly constituted a direct and … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981
ECHR Judgment : Prohibition of torture : Fifth Section Citations: 15343/15, [2020] ECHR 383 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651304
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 41982/10, [2018] ECHR 975 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.631234
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
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
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
These appeals concern the role of siblings in the procedures by which children’s hearings in Scotland make compulsory supervision orders (‘CSOs’). The principal issue concerns the procedures required to make sure that public authorities comply with the obligation in article 8 of the European Convention on Human Rights (‘ECHR’) to show respect for the private … Continue reading ABC v Principal Reporter and Another (Scotland): SC 18 Jun 2020
ECHR Judgment : Article 11 – Freedom of assembly and association : Fifth Section Committee Citations: 23702/15, [2020] ECHR 361 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.651047
Citations: 44283/06 – Chamber Judgment, [2013] ECHR 401 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 December 2022; Ref: scu.491941
FTTTx INCOME TAX – Taxpayer a British national resident in the Republic of Ireland – taxed in the UK on a civil service pension by virtue of Article 18 UK/Irish Double Taxation Convention – taxpayer’s wife an Irish national taxed on UK local authority pension in Ireland – taxpayer taxed less favourably in the UK … Continue reading Percival v Revenue and Customs: FTTTx 18 Apr 2013
ECHR Judgment : Article 3+8 – Prohibition of torture : Fifth Section Citations: 39257/17, [2020] ECHR 358 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.651050
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 5710/12, [2020] ECHR 368 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650997
ECHR Judgment : Remainder inadmissible : Fourth Section Citations: 78635/13, [2020] ECHR 296 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.651010
ECHR Judgment : No Article 7 – No punishment without law : First Section Citations: 44612/13, [2020] ECHR 360 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.651001
ECHR Judgment : Article 11 – Freedom of assembly and association : Fifth Section Committee Citations: 67197/13, [2020] ECHR 366 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.651020
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 31852/13, [2020] ECHR 370 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650996
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 58364/10, [2020] ECHR 359 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650988
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
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
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Citations: 21743/15, [2022] ECHR 936 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682624
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
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
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 72192/12, [2020] ECHR 365 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651049
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 18106/12, [2020] ECHR 369 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651048
ECHR Judgment : Article 3 – Prohibition of torture : First Section Committee Citations: 42969/18, [2020] ECHR 363 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651038
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 70878/12, [2020] ECHR 364 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651039
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 21954/16, [2020] ECHR 362 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.650991
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
The deceased had committed suicide in his prison cell. Prison officers were charged with manslaughter by gross neglect, but they were discharged. The applicant sought now to challenge the refusal of the coroner to allow to be called to give evidence a psychiatrist who had provided a report to the family’s solicitors. The coroner felt … Continue reading Warren, Regina (on the Application of) v Her Majesty’s Assistant Coroner for Northamptonshire: Admn 29 Apr 2008
(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
The defendant sought to defend the claim for defamation by claiming fair comment. The claimant said that the relevant facts were not known to the defendant at the time of the publication. Held: To claim facts in aid of a defence of fair comment, it would make no sense if those facts were not known … Continue reading Lowe v Associated Newspapers Ltd: QBD 28 Feb 2006
The applicants’ young child had been suspected of being the victim of physical abuse. After court proceedings the child was removed. In later proceedings and after being placed with an aunt, she was diagnosed as having brittle bone disease. In the meantime, the mother had suffered ostracism in her community. The court had found her … Continue reading RK and AK v The United Kingdom: ECHR 18 Oct 2005
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 72595/13, [2018] ECHR 940 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.631243
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Reasonable time Citations: 21357/08, [2017] ECHR 516 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607692
ECHR Judgment : Violation of Article 14+8 – Prohibition of discrimination Article 14 – Discrimination Article 8 – Right to respect for private life Citations: 55740/10, [2017] ECHR 517 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607676
ECHR Judgment : Violation of Article 11 – Freedom of assembly and association Article 11-1 – Freedom of association Non-pecuniary damage Citations: 4776/08, [2017] ECHR 515 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607689
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Citations: 61902/12, [2017] ECHR 520 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607633
Questions as to the proper interpretation of para 317(i) of the Immigration Rules (‘the Rules’) and the application of articles 8 and 14 of the European Convention on Human Rights (‘the Convention’) to that paragraph Citations: [2008] EWCA Civ 102, [2008] Imm AR 490, [2008] INLR 590 Links: Bailii Jurisdiction: England and Wales Immigration, Human … Continue reading MB (Somalia) v Entry Clearance Officer: CA 20 Feb 2008
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
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003
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
ECHR Judgment : Remainder inadmissible : Third Section Citations: 65550/13, [2018] ECHR 1012 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631264
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 42991/13, [2018] ECHR 999 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631266
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Citations: 42507/06, [2018] ECHR 968 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631239
ECHR Judgment : Article 2 – Right to life : Third Section Committee Citations: 5374/07, [2018] ECHR 980 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631296
The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in … Continue reading JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015
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
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
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim on the basis that the child did not have a right of … Continue reading Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008
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
ECHR Judgment : Article 10 – Freedom of expression – (general) : Second Section Citations: 21266/19, [2022] ECHR 60 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 November 2022; Ref: scu.671761
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
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
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Citations: 19842/15, [2018] ECHR 1001 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631273
ECHR Judgment : Article 2 of Protocol No. 4 – Freedom of movement-{general} : Fifth Section Committee Citations: 22271/14, [2018] ECHR 943 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631231
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 63465/12, [2018] ECHR 976 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631254
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 60289/14, [2018] ECHR 954 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631232
ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section Committee Citations: 66640/12, [2018] ECHR 986 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631291
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Citations: 57269/14, [2018] ECHR 953 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631248
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 43639/12, [2018] ECHR 985 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631279
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 1268/15, [2018] ECHR 945 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631257
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee ECHR Judgment : Non-pecuniary damage – award : Third Section Committee Citations: 43301/07, [2018] ECHR 981, [2020] ECHR 640 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631283
ECHR Judgment : Article 14+2 – Prohibition of discrimination : Third Section Citations: 655/16, [2018] ECHR 1003 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631281
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 11467/15, [2018] ECHR 955 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.631250
Whether certain provisions of the Diplomatic Privileges Act 1964 (DPA) and the Vienna Convention on Diplomatic Relations 1961 (VCDR) are incompatible with article 3 of the European Convention on Human Rights and Fundamental Freedoms (ECHR) which provides that ‘[n]o one shall be subjected to torture or to inhuman or degrading treatment or punishment’ (article 3). … Continue reading Re AG (A Child): CA 18 Nov 2022
The claimant, the former Taoiseach of Ireland sought damages after the defendant newspaper published an article falsely accusing him of duplicity. The paper said that his position meant that they should have the defence of quaified privilege available. Held: Qualified privilege defence applied in defamation proceedings reporting acts of public officials where there appeared a … Continue reading Reynolds TD v Times Newspapers Ltd; Ruddock and Witherow: CA 8 Jul 1998
ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 63634/16, [2022] ECHR 900 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 November 2022; Ref: scu.681865
ECHR Judgment : Freedom of expression-{general} : Third Section Committee Citations: 19273/08, [2020] ECHR 180 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649704
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 39159/12, [2018] ECHR 966 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.631247
FTTTx Information notice – Third Party Notice – FA 2008, Sch 36 – ‘relevant foreign tax’ – European Convention on Human Rights – right to a fair hearing Citations: [2012] UKFTT 765 (TC) Links: Bailii Jurisdiction: England and Wales Taxes Management, Human Rights Updated: 17 November 2022; Ref: scu.472736
Citations: 59552/08 – Chamber Judgment (French Text), [2013] ECHR 343 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Rohlena v The Czech Republic ECHR 27-Jan-2015 ECHR Article 7 Article 7-1 Heavier penalty Nullum crimen sine lege Conviction for ‘continuing’ offence comprising acts committed before it was introduced in the Criminal … Continue reading Rohlena v The Czech Republic: ECHR 18 Apr 2013
The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to … Continue reading AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003
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
ECHR Article 10-1Freedom to impart informationCriminal conviction for making public irregular telephone tapping procedures: violationFacts – The first applicant worked in the telephone communications surveillance and recording department of a military unit of the Romanian Intelligence Service (RIS). In the course of his work he came across a number of irregularities. In addition, the telephones … Continue reading Bucur And Toma v Romania: ECHR 8 Jan 2013
ECHR Article 8-1 Respect for family life Authorities’ failure to ensure legal representation of mentally disabled applicant in proceedings divesting her of parental rights and to inform her of adoption proceedings in respect of her son: violation Facts – The first applicant is the mother of the second applicant L., who was born in 2008. … Continue reading AK and L v Croatia: ECHR 8 Jan 2013
FTTTx INCOME TAX – Appeal against amendment made by a closure notice – Whether Tribunal has the power to allow an appeal on grounds that the application of the law in the circumstances of the particular case would be manifestly unreasonable and unjust and would not achieve the purposes of the legislation – European Convention … Continue reading Anderson v Revenue and Customs: FTTTx 18 Feb 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
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
Citations: 3084/07 – HEJUD, [2012] ECHR 1707 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Falter Zeitschriften Gmbh v Austria (No 2) (2044) ECHR 18-Sep-2012 ECHR Article 10-1 Freedom of expression Publication of untrue statements concerning alleged judicial bias: no violation Facts – In May 2005 a … Continue reading Falter Zeitschriften Gmbh v Austria (No 2) (1707): ECHR 18 Sep 2012
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
A Discretionary lifer is not entitled to a review by a court of his continued detention. His article five rights were not breached. Where a national court imposed a fixed sentence of imprisonment, the supervision required by article 5.4 was incorporated into that judgment. The court held that the mandatory life sentence belonged to a … Continue reading Wynne v United Kingdom: ECHR 18 Jul 1994
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
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 39954/19, [2022] ECHR 904 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681858