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Sheffield and Horsham v The United Kingdom: ECHR 30 Jul 1998

It is within a nation’s margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was critical of the United Kingdom’s apparent failure to take any steps to keep this area … Continue reading Sheffield and Horsham v The United Kingdom: ECHR 30 Jul 1998

IR and GT v The United Kingdom: ECHR 28 Jan 2014

Judges: Ineta Ziemele, P Citations: 63339/12 – Admissibility Decision, [2014] ECHR 340, 14876/12 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – IR and GT v The United Kingdom (Dec) ECHR 28-Jan-2014 ECHR Article 8 Expulsion Exclusion orders based on undisclosed national security grounds: inadmissible Facts – The case … Continue reading IR and GT v The United Kingdom: ECHR 28 Jan 2014

Treial v Estonia (Dec): ECHR 28 Jan 2014

ECHR Article 35-1 – Exhaustion of domestic remedies Effective domestic remedy Claim for compensation before the administrative courts in respect of complaint concerning length of civil proceedings: effective remedy Facts – In his application to the European Court, the applicant complained of the length of domestic civil proceedings to which he had been a party. … Continue reading Treial v Estonia (Dec): ECHR 28 Jan 2014

Manchester City Council v Pinnock: SC 9 Feb 2011

The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011

Secretary of State for The Home Department, Regina (on The Application of) v BC and Another: Admn 11 Nov 2009

The applicants were subject to control orders. They were ‘light touch’, not involving a deprivation of liberty. Judges: Collins J Citations: [2009] EWHC 2927 (Admin), [2010] 1 WLR 1542, [2010] UKHRR 344 Links: Bailii Statutes: European Convention on Human Rights 6 Cited by: Cited – King, Regina (on The Application of) v Secretary of State … Continue reading Secretary of State for The Home Department, Regina (on The Application of) v BC and Another: Admn 11 Nov 2009

Mamatkulov And Askarov v Turkey: ECHR 4 Feb 2005

Grand Chamber – while there may have been reasons for doubting whether the applicants would receive a fair trial, there was not sufficient information to show that any possible irregularities in the trial were liable to constitute a flagrant denial of justice. In para O-III14 of their joint partly dissenting opinion, to which Judge Rozakis … Continue reading Mamatkulov And Askarov v Turkey: ECHR 4 Feb 2005

Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Pham v Secretary of State for The Home Department: SC 25 Mar 2015

The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Osborn v The Parole Board: SC 9 Oct 2013

Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Airedale NHS Trust v Bland: HL 4 Feb 1993

Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993

Arambasin v Croatia: ECHR 23 Jun 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 48981/17, [2022] ECHR 512 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.678939

Kemmache v France (Nos. 1 And 2) (Article 50): ECHR 2 Nov 1993

ECHR Judgment (Just Satisfaction) – Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 14992/89, [1993] ECHR 51, 12325/86 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: … Continue reading Kemmache v France (Nos. 1 And 2) (Article 50): ECHR 2 Nov 1993

MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

Abdolkhani And Karimnia v Turkey: ECHR 22 Sep 2009

The Court in the context of detention pending deportation, concluded: ‘In sum, in the absence of clear legal provisions establishing the procedure for ordering and extending detention with a view to deportation and setting time-limits for such detention, the deprivation of liberty to which the applicants were subjected was not circumscribed by adequate safeguards against … Continue reading Abdolkhani And Karimnia v Turkey: ECHR 22 Sep 2009

Gauci v Malta: ECHR 15 Sep 2009

Judges: Nicolas Bratza, P Citations: 47045/06, [2009] ECHR 1280, (2011) 52 EHRR 25 Links: Bailii Statutes: European Convention on Human Rights Citing: Grand Chamber – Hutten-Czapska v Poland ECHR 19-Jun-2006 Grand Chamber. The court considered the need for establishing a fair balance in cases under A1P1: ‘Not only must an interference with the right of … Continue reading Gauci v Malta: ECHR 15 Sep 2009

Robert W Greens v The United Kingdom: ECHR 27 Aug 2009

Citations: 60041/08, [2009] ECHR 1274 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Greens v Her Majesty’s Advocate HCJ 12-Sep-2007 The defendant appealed against his sentence of seventeen years’ imprisonment for a violent rape. . . Cited by: See Also – Greens v The United Kingdom ECHR 23-Nov-2010 The applicants alleged … Continue reading Robert W Greens v The United Kingdom: ECHR 27 Aug 2009

Rabone and Another v Pennine Care NHS Trust: QBD 23 Jul 2009

The claimant’s daughter had been a voluntary patient at a mental hospital. She committed suicide when on home leave from a secure ward. The claimant now said that the hospital had acted incompatibly with their daughter’s human rights, in releasing her when she needed care. Held: The claim failed. Since Melanie was a voluntary mental … Continue reading Rabone and Another v Pennine Care NHS Trust: QBD 23 Jul 2009

Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017

The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental difficulties which afflicted her following that incarceration. She now appealed from rejection of that claim by … Continue reading Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017

McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017

A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking indoors, but rather as to the ban on smoking in the grounds and on home … Continue reading McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009

The appellant challenged an order made under the 1981 Act revoking his British citizenship, saying that it infringed his article 8 rights to family life. Judges: Mitting J Ch, Lane SIJ Citations: [2009] UKSIAC 66/2008 Links: Bailii Statutes: European Convention on Human Rights 8, British Nationality Act 1981 40 Citing: See Also – Al-Jedda, Regina … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009

Rockliff v Revenue and Customs: FTTTx 25 Jun 2009

FTTTx Income tax – pension payable to husband – claim that half of pension should be assessed on wife – Income and Corporation Taxes Act 1988 sections 1 and 19, Schedule E paragraph 2 – Income Tax (Earnings and Pensions) Act 2003 sections 569, 571 and 572 – Matrimonial Causes Act 1973 sections 21A and … Continue reading Rockliff v Revenue and Customs: FTTTx 25 Jun 2009

Ramiz Jafarov v Azerbaijan: ECHR 16 Jun 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Citations: 40424/12, [2022] ECHR 487 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 August 2022; Ref: scu.678970

Tsfayo v The United Kingdom: ECHR 14 Nov 2006

The applicant challenged the prodecures for deciding her appeal against the council’s refusal to pay backdated housing benefits. She complained that the availability of judicial review of the decision was not adequate. Held: The system did not provide a fair system. The Board was not itself independent of the Council whose decision it looked at … Continue reading Tsfayo v The United Kingdom: ECHR 14 Nov 2006

McFeeley and others v The United Kingdom: ECHR 15 May 1980

(Commission) The claimants had been convicted of terrorist-type offences in Northern Ireland and were serving prisoners in HMP The Maze. They protested at a change of regime imposed in 1976, resulting in them not being permitted association with the rest of the prison community. Prisoners complained at ‘close body’ searches, including anal inspections, which were … Continue reading McFeeley and others v The United Kingdom: ECHR 15 May 1980

Sokolov And Others v Serbia (Dec): ECHR 14 Jan 2014

Article 35-1 Six month period Failure to lodge timely application concerning failure of insolvent State entity to pay judgment debt: inadmissible Facts – Between 2003 and 2005 the applicants obtained final court orders against their former employer, a ‘socially/State-owned’ company, requiring it to pay them salary arrears and social security reimbursements. In 2005 insolvency proceedings … Continue reading Sokolov And Others v Serbia (Dec): ECHR 14 Jan 2014

Jones And Others v The United Kingdom: ECHR 14 Jan 2014

ECHR Article 6 Criminal proceedings Article 6-1 Access to court Decision to strike out civil claims alleging torture on account of immunity invoked by defendant State (the Kingdom of Saudi Arabia) and its officials: no violation Facts – The applicants alleged that they had been subjected to torture while in custody in the Kingdom of … Continue reading Jones And Others v The United Kingdom: ECHR 14 Jan 2014

Munjaz v The United Kingdom: ECHR 17 Jul 2012

The applicant was detained in a secure mental hospital. He complained that he had been held in seclusion. Held: The complaints under articles 5 and 8 were admissible, but there had been no violation of the applicant’s rights in these circumstances.The Court (a) emphasised the principle of personal autonomy in article 8, (b) ruled that … Continue reading Munjaz v The United Kingdom: ECHR 17 Jul 2012

C Munjaz v United Kingdom: ECHR 20 Mar 2008

The applicant complained of his seclusion whilst being detaned at a secure mental hospital. Held: The court referred several questions back to the parties to be answered. Citations: 32913/06, [2008] ECHR 215 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: First case – Regina v Ashworth Special Hospital Trust, ex parte … Continue reading C Munjaz v United Kingdom: ECHR 20 Mar 2008

Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005

The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005

Regina v Ashworth Hospital Authority, Ex parte Munjaz (No 2): Admn 5 Jul 2002

The court dismissed the claimant’s complaint that the seclusion policies operated at Ashworth Special Hospital infringed his human rights. The Special Hospitals operated policies for seclusion which differed from the Code of Practice laid down under the Act. Held: The claim was dismissed. Any seclusion had been of such a short duration as not to … Continue reading Regina v Ashworth Hospital Authority, Ex parte Munjaz (No 2): Admn 5 Jul 2002

Niemietz v Germany: ECHR 16 Dec 1992

A lawyer complained that a search of his offices was an interference with his private life. Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his own personal life as he chooses and to exclude therefrom entirely the … Continue reading Niemietz v Germany: ECHR 16 Dec 1992

Bitto and Others v Slovakia: ECHR 7 Jul 2015

Just satisfaction Citations: [2015] ECHR 667 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: GC Summary – Bitto And Others v Slovakia ECHR 28-Jan-2014 ECHR Article 46-2 – Execution of judgment – Measures of a general character – Respondent State required to introduce compensatory remedy to provide effective relief for breach … Continue reading Bitto and Others v Slovakia: ECHR 7 Jul 2015

AM (Somalia) v Entry Clearance Officer: CA 1 Jul 2009

The appellant had married in Somalia. His wife lived in London and sought permission for him to enter, she acting as his sponsor. The Immigration judge had found that they met all the criteria save one, that they would be able to support themselves other than by recourse to public funds. The wife was a … Continue reading AM (Somalia) v Entry Clearance Officer: CA 1 Jul 2009

Takoushis, Regina (on the Application of) v HM Coroner for Inner North London: Admn 16 Dec 2004

A patient suffering schizophrenia had been a voluntary patient. He was allowed to visit another unit within the hospital grounds, but then left altogether and was next found preparing to jump from Tower Bridge. He was taken by ambulance to Hospital but, left to wait, he again left, and a person of his description was … Continue reading Takoushis, Regina (on the Application of) v HM Coroner for Inner North London: Admn 16 Dec 2004

Sirbu And Others v Moldova: ECHR 15 Jun 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Inadmissible under Art. 10 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings 73562/01 ; 73565/01 ; 73712/01 ; 73744/01 ; 73972/01 ; 73973/01 Citations: 73562/01;73565/01;73712/01;…, [2004] ECHR … Continue reading Sirbu And Others v Moldova: ECHR 15 Jun 2004

AB v Her Majesty’s Advocate: SC 5 Apr 2017

This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B was over the age of 16, if the police had previously charged … Continue reading AB v Her Majesty’s Advocate: SC 5 Apr 2017

TDT, Regina (on The Application of) v Secretary of State for The Home Department: Admn 29 Jul 2016

The claimant child alleged that the defendant had released him from administrative immigration detention without first putting safeguarding arrangements in place, leave him iat risk, in particular of becoming victim to human trafficking. Judges: McGowan J Citations: [2016] EWHC 1912 (Admin) Links: Bailii Statutes: European Convention on Human Rights 4 Jurisdiction: England and Wales Immigration, … Continue reading TDT, Regina (on The Application of) v Secretary of State for The Home Department: Admn 29 Jul 2016

Gogitidze And Others v Georgia: ECHR 12 May 2015

‘a wide margin of appreciation is usually allowed to the State under the Convention when it comes to general measures of political, economic or social strategy, and the Court generally respects the legislature’s policy choice unless it is ‘manifestly without reasonable foundation” Citations: 36862/05 – Chamber Judgment, [2015] ECHR 475, (2016) 62 EHRR 14 Links: … Continue reading Gogitidze And Others v Georgia: ECHR 12 May 2015

Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: CA 31 Jul 2014

Appeal against a decision that the SS’s refusal of a student loan was a breach of the claimant’s human rights. Held: The Secretary of State’s appeal against the judge’s decision on the settlement criterion was allowed and the appellant’s appeal against his decision on the lawful ordinary residence criterion was dismissed.Laws LJ (with whom Floyd … Continue reading Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: CA 31 Jul 2014

Husenatu Bah v The United Kingdom: ECHR 27 Sep 2011

Judges: Lech Garlicki, P Citations: [2011] ECHR 1448, 56328/07, (2012) 54 EHRR 21, [2012] HLR 2, , 31 BHRC 609 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Statement of Facts – Husenatu Bah v The United Kingdom ECHR 1-Dec-2009 Statement of Facts . . Cited by: Cited – Tigere, Regina … Continue reading Husenatu Bah v The United Kingdom: ECHR 27 Sep 2011

Catan And Others v Moldova And Russia: ECHR 19 Oct 2012

Grand Chamber Judges: Nicolas Bratza, P Citations: 43370/04 18454/06 8252/05 – HEJUD, [2012] ECHR 1827, [2013] ELR 197, (2013) 57 EHRR 4 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015 After … Continue reading Catan And Others v Moldova And Russia: ECHR 19 Oct 2012

Animal Defenders International v United Kingdom: ECHR 27 Jan 2011

Statement of facts Citations: 48876/08, [2011] ECHR 191 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: At HL – Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008 The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration … Continue reading Animal Defenders International v United Kingdom: ECHR 27 Jan 2011

Erimako, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 31 Jan 2008

Application for judicial review of the refusal of the Home Secretary to grant leave to remain. The claim for leave and for judicial review is based on Article 8 grounds. Judges: Stanley Burnton J Citations: [2008] EWHC 312 (admin) Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales Immigration, Human Rights … Continue reading Erimako, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 31 Jan 2008

Kenedi v Hungary: ECHR 26 May 2009

(Second Chamber) The applicant historian specialised in the analysis and recording of the secret services of dictatorships, comparative studies of the political police forces of totalitarian regimes and the functioning of Soviet-type States. The applicant requested the Hungarian Ministry of the Interior to grant him access to deposited documents. He obtained judgments of the Hungarian … Continue reading Kenedi v Hungary: ECHR 26 May 2009

Grupo Interpres Sa v Spain: ECHR 7 Apr 1997

(Commission) The applicant sold information about people’s assets to third parties. He complained that the refusal of the Spanish courts to allow him access to the courts’ archives in order to obtain such information violated his rights under article 10. Held: The application was inadmissible. The Commission reiterated that article 10 ‘is intended basically to … Continue reading Grupo Interpres Sa v Spain: ECHR 7 Apr 1997

Horncastle and Others v Regina: CACD 22 May 2009

Each defendant appealed on the basis that they had not had proper opportunity to cross examine prosecution witnesses whose evidence had been accepted by the court. In each case evidence had been hearsay. In two cases, the witness had died before trial, in the third the witness did not attend for fear, and in the … Continue reading Horncastle and Others v Regina: CACD 22 May 2009

Marper v United Kingdom; S v United Kingdom: ECHR 27 Feb 2008

Grand Chamber – Press Release – The applicant complained of the retention by the police of DNA and fingerprint records – The applicants both complain about the retention of their fingerprints and DNA samples and the fact that they are being used in ongoing criminal investigations. They are also concerned about the possible future uses … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 27 Feb 2008

Gentle and Clarke, Regina (on the Application Of) v Prime Minister and others: CA 12 Dec 2006

The claimants appealed refusal of a judicial review of the defendant’s decision to enter into the war in Iraq. The claimants were parents of troops who had died in the war. They said that the legal advice given to the government was incorrect. Held: Human Rights law requires a proper investigation into deaths, but that … Continue reading Gentle and Clarke, Regina (on the Application Of) v Prime Minister and others: CA 12 Dec 2006

Leyla Sahin v Turkey: ECHR 29 Jun 2004

(Grand Chamber) The applicant had been denied access to written examinations and to a lecture at the University of Istanbul because she was wearing an Islamic headscarf. This was prohibited not only by the rules of the university but also by the Constitution of Turkey. Held: Article 9 does not protect every act motivated or … Continue reading Leyla Sahin v Turkey: ECHR 29 Jun 2004

Manukyan v Armenia: ECHR 21 Jun 2022

ECHR Judgment : Article 2 – Right to life : Fourth Section Committee Citations: 2303/12, [2022] ECHR 496 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 July 2022; Ref: scu.678960

AN v Lithuania: ECHR 31 May 2016

Where the court cited article 12 of the Convention (para 69) and held that where a measure of protection is necessary, it should be proportionate to the degree of incapacity and tailored to the individual’s circumstances and needs Citations: 17280/08 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)), [2016] ECHR 462, [2017] MHLR 38, … Continue reading AN v Lithuania: ECHR 31 May 2016

Pedley, Martin and Hamadi v Regina: CACD 14 May 2009

The court considered the justification for extended sentences of imprisonment for public protection: ‘Its justification is the protection of the public. It is indeterminate. Release depends on the judgment of the Parole Board as to the risk which the prisoner presents. The court must fix a minimum term before which release cannot be considered, calculated … Continue reading Pedley, Martin and Hamadi v Regina: CACD 14 May 2009

In Re Swaptronics Ltd: ChD 24 Jul 1998

A party who was in contempt of court should not be debarred from continuing to take a proper part in a court action unless that contempt was serious enough seriously to interfere with the fair conduct of the trial. ‘The courts need powers of punishment with which to enforce their orders. The ones they have … Continue reading In Re Swaptronics Ltd: ChD 24 Jul 1998

Haghighi v The Netherlands: ECHR 14 Apr 2009

Citations: (2009) 49 EHRR SE8, 38165/07, [2009] ECHR 765 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Quila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011 Parties challenged the rule allowing the respondent to deny the right to enter … Continue reading Haghighi v The Netherlands: ECHR 14 Apr 2009

Emohare v Thames Magistrates Court: Admn 12 Mar 2009

The circumstances that lead to a defendant losing his entitlement to a defendant’s costs order if he is successful in his defence are narrow, to reflect the need to respect the presumption of innocence at common law and under Article 6 of the European Convention on Human Rights Citations: [2009] EWHC 689 (Admin) Links: Bailii … Continue reading Emohare v Thames Magistrates Court: Admn 12 Mar 2009

Hirst v The United Kingdom (No. 2): ECHR 30 Mar 2004

(Commission) The prisoner alleged that the denial of his right to vote whilst in prison was disproportionate. He was serving a life sentence for manslaughter. Held: The denial of a right to vote was in infringement of his rights and disproportionate. Different signatory countries had applied different standards. The UK law made a great distinction … Continue reading Hirst v The United Kingdom (No. 2): ECHR 30 Mar 2004

Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples and fingerprints taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals. Held: The appeals failed. The refusal to remove the records was not an infringement of a … Continue reading Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002

Sahin v Germany: ECHR 11 Oct 2001

When considering the issues of an adoption against the wishes of the parents, there is an apparent difference of emphasis between saying that the child’s interests are of ‘paramount importance’, and saying that they merely ‘may, depending on their nature and seriousness’ override those of the parents: ‘The Court further recalls that a fair balance … Continue reading Sahin v Germany: ECHR 11 Oct 2001

Regina (S) v Chief Constable of South Yorkshire; Regina (Marper) v Same: Admn 22 Mar 2002

The police authority took samples of DNA and fingerprints from the claimants whilst under arrest. After their cases had been dismissed or failed, they requested destruction of the samples and records, but this was refused. Held: There was no engagement of the applicants’ art 8 rights to privacy. Even if there was, the keeping of … Continue reading Regina (S) v Chief Constable of South Yorkshire; Regina (Marper) v Same: Admn 22 Mar 2002

Dupate v Latvia: ECHR 19 Nov 2020

ECHR Judgment : Right to respect for private and family life : Fifth Section Articles aimed solely at satisfying the curiosity of a particular readership regarding the details of a person’s private life, however well-known that person might be, cannot be deemed to contribute to any debate of general interest in society. Citations: 18068/11, [2020] … Continue reading Dupate v Latvia: ECHR 19 Nov 2020

Al-Jedda v Secretary of State for the Home Department: SIAC 22 Oct 2008

The Court was asked whether or not the procedural protections afforded by Article 6(1) ECHRR as identified by the House of Lords in Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 apply to the Appellant’s appeal against the decision of the Secretary of State to deprive him … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 22 Oct 2008

Al-Jedda v Secretary of State for the Home Department: SIAC 23 May 2008

The appellant had been granted british citizenship. He now appealed against a an order under section 40(2) of the 1981 Act depriving him of his British citizenship on the ground that the respondent was satisfied that deprivation was conducive to the public good. Judges: Mitting J Ch, Lane SIJ Citations: [2008] UKSIAC 66/2008 Links: Bailii … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 23 May 2008

Ashdown v Telegraph Group Ltd: CA 18 Jul 2001

The appellant complained that a part of his confidential diaries had been republished without his consent by the defendant newspaper group. The defendant appealed, saying that the publication was fair dealing. Held: The exceptions within the Copyright Act were not sufficient to obviate entirely potential conflicts with the rights of freedom of expression under the … Continue reading Ashdown v Telegraph Group Ltd: CA 18 Jul 2001

CL, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 6 Dec 2018

The claimant sought deletion from police records of reports of his sending sexually explicit images as a child. Held: Refused. Judges: Lord Justice Hickinbottom Citations: [2018] EWHC 3333 (Admin) Links: Bailii Statutes: Protection of Children Act 1978, European Convention on Human Rights Jurisdiction: England and Wales Police, Human Rights Updated: 23 July 2022; Ref: scu.631211

Reklos and Davourlis v Greece: ECHR 15 Jan 2009

(Press release) The court considered the rights when photographs were taken in public: ‘the court finds that it is not insignificant that the photographer was able to keep the negatives of the offending photographs, in spite of the express request of the applicants, who exercised parental authority, that the negatives be delivered up to them. … Continue reading Reklos and Davourlis v Greece: ECHR 15 Jan 2009

X v United Kingdom: ECHR 12 Mar 1981

ECHR Admissibility – Article 9, paragraph 1 of the Convention: The respect of this provision may create positive obligations for the State. The wording ‘either alone or in community with others’ does not leave a choice to the public authorities between two alternative obligations. In view of the requirements of the education system the authorities … Continue reading X v United Kingdom: ECHR 12 Mar 1981

Tabernacle v Secretary of State for Defence: CA 5 Feb 2009

The claimant sought judicial review to test the validity of the bye-laws which prohibited them from camping on public land to support their demonstration. Held: The bye-laws violated the claimant’s right to freedom of assembly and of expression. The respondent’s objections to the camp were insubstantial and could not justify the interference. The camp had … Continue reading Tabernacle v Secretary of State for Defence: CA 5 Feb 2009

Redfearn v The United Kingdom: ECHR 16 Jan 2009

Statement of facts Citations: 47335/06, [2009] ECHR 112 Links: Bailii Statutes: European Convention on Human Rights Citing: At EAT – A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service EAT 27-Jul-2005 The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local … Continue reading Redfearn v The United Kingdom: ECHR 16 Jan 2009

Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence: CA 21 Jan 2009

The claimants had been detained on the request of the Iraqi criminal court in a detention facility run by the UK armed forces. They complained of their proposed transfer to an Iraqi facility in anticipation of facing trial for murder, for which if convicted they might face the death penalty. Held: The claimants were not … Continue reading Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence: CA 21 Jan 2009

Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

Y v Slovenia: ECHR 28 May 2015

ECHR Article 8-1 Respect for private life Positive obligations Failure to protect complainant’s personal integrity in criminal proceedings concerning sexual abuse: violation Facts – In 2001, at the age of 14, the applicant was allegedly victim of repeated sexual assaults by a family friend, X. Following a criminal complaint by the applicant’s mother, investigations started … Continue reading Y v Slovenia: ECHR 28 May 2015

Agyarko and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 6 May 2015

Appeals against orders for removal after applicants had each married after expiry of the period of their lawful stay. A conceded that her application fell outside the Rules, but said that it was an appropriate case for the exercise of discretion. Held: The appeals were dismissed. Judges: Longmore, Gloster, Sales LJJ Citations: [2015] EWCA Civ … Continue reading Agyarko and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 6 May 2015

Jeunesse v The Netherlands: ECHR 3 Oct 2014

(Grand Chamber) Although the applicant had married and had three children while her immigration status in the Netherlands was precarious, there were exceptional circumstances such that a fair balance had not been struck between the competing interests involved: the husband and three children were all citizens of the Netherlands with the right to enjoy family … Continue reading Jeunesse v The Netherlands: ECHR 3 Oct 2014

Demir And Baykara v Turkey: ECHR 12 Nov 2008

Civil servants formed a trade union which entered into collective negotiation with a local authority resulting in an agreement. Union members then sued the authority for failing to fulfil the agreement. The local Court found in favour of the members. The Court of Cassation first quashed the ruling, on the basis that, even though there … Continue reading Demir And Baykara v Turkey: ECHR 12 Nov 2008

Secic v Croatia: ECHR 31 May 2007

The applicant had been attacked and beaten by skinheads shouting racial abuse. He complained that as a Roma, the police had failed through race discrimination properly to investigate his complaint. Held: The court repeated the statement that article 3 may give rise to a positive obligation to conduct an official investigation. The obligation on the … Continue reading Secic v Croatia: ECHR 31 May 2007

Kuznetsov v Russia: ECHR 23 Oct 2008

The applicant had taken part in a small demonstration which, for a short time, obstructed access to a public court building. Held: The court: ‘reiterate[d] at the outset that the right to freedom of assembly covers both private meetings and meetings on public thoroughfares, as well as static meetings and public processions; this right can … Continue reading Kuznetsov v Russia: ECHR 23 Oct 2008

Montgomery and Coulter v Her Majesty’s Advocate: PC 19 Oct 2000

The test of whether a defendant’s common law right to a fair trial had been damaged by pre-trial publicity was similar to the test under the Convention, and also where there was any plea of oppression. The substantial difference is that no balancing exercise was to be carried out under the Convention test. The right … Continue reading Montgomery and Coulter v Her Majesty’s Advocate: PC 19 Oct 2000