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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

Wilkinson v Kitzinger and Another: FD 12 Apr 2006

The petitioner intended to seek a declaration as to her marital status. She and the respondent had married in a civil ceremony in British Columbia in 2003. She sought a declaration of incompatibility with regard to section 11(3) of the 1973 Act so far as it failed to recognise same sex marriages. She now sought … Continue reading Wilkinson v Kitzinger and Another: FD 12 Apr 2006

Van Colle v Hertfordshire Police: QBD 10 Mar 2006

The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond … Continue reading Van Colle v Hertfordshire Police: QBD 10 Mar 2006

Iseni v Serbia: ECHR 9 Oct 2018

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee Citations: 43326/11, [2018] ECHR 807 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 July 2022; Ref: scu.628812

Wessels-Bergervoet v The Netherlands: ECHR 4 Jun 2002

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 14+P1-1; Just satisfaction reserved Citations: 34462/97, [2002] ECHR 476, [2002] ECHR 731, [2002] ECHR 480 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Wessels-Bergervoet v The Netherlands ECHR 12-Nov-2002 Hudoc Judgment (Struck out of the list) Struck … Continue reading Wessels-Bergervoet v The Netherlands: ECHR 4 Jun 2002

Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005

The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005

Maurice v France: ECHR 6 Oct 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; No separate issue under Art.14 in conjunction with P1-1; No separate issue under Art. 6-1; No violation of Art. 13; No violation of Art. 8; Costs and expenses partial award – Convention and domestic proceedings; Just satisfaction reserved. Citations: 11810/03, [2005] ECHR 683 Links: Worldlii, … Continue reading Maurice v France: ECHR 6 Oct 2005

Shannon v The United Kingdom: ECHR 4 Oct 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary and non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.The defendant had already been charged with offences when he was called for interview and obliged to answer questions from a financial investigator. His answers would have been admissible at … Continue reading Shannon v The United Kingdom: ECHR 4 Oct 2005

Rey And Others v France: ECHR 5 Oct 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses (Convention proceedings) – claim rejected. Citations: 68406/01;68412/01;68408/01;…, [2004] ECHR 486 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; … Continue reading Rey And Others v France: ECHR 5 Oct 2004

Scordino v Italy: ECHR 29 Jul 2004

(French Text) Grand Chamber. In the context of unreasonable delay in violation of article 6(1), there was a strong but rebuttable presumption that excessively long proceedings would occasion non-pecuniary damage. Citations: (2006) 45 EHRR 207, 36813/97, [2004] ECHR 412 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: See Also – Scordino v Italy … Continue reading Scordino v Italy: ECHR 29 Jul 2004

Slimani v France: ECHR 27 Jul 2004

A Tunisian was committed to a psychiatric hospital on several occasions. He died while detained in a detention centre awaiting deportation. The applicant complained that there had been a violation of article 2 on two grounds: the detention centre had not been equipped with the necessary medical facilities, and the doctors had failed to administer … Continue reading Slimani v France: ECHR 27 Jul 2004

Nachova and Others v Bulgaria: ECHR 26 Feb 2004

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel) ; Violation of Art. 2 with regard to deaths ; Violation of Art. 2 with regard to lack of effective investigation ; Not necessary to examine Art. 2 with regard to the general obligation to protect life ; No separate issue under Art. 13 ; … Continue reading Nachova and Others v Bulgaria: ECHR 26 Feb 2004

Regina on the Application of Ruslanas Bagdanavicius, Renata Bagdanaviciene v Secretary of State for the Home Department: CA 11 Nov 2003

Failed Roma asylum applicants challenged an order for their return to Lithuania. There had been family objections to the mixed marriage leaving them at risk of violence from the local mafia, and an order for their return would infringe their article 3 rights. Held: The threshold of risk test which was to be applied in … Continue reading Regina on the Application of Ruslanas Bagdanavicius, Renata Bagdanaviciene v Secretary of State for the Home Department: CA 11 Nov 2003

Varhan v Turkey: ECHR 25 Sep 2018

ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 2433/12, [2018] ECHR 758 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 July 2022; Ref: scu.628758

Commissioner of Police of The Metropolis v DSD and Another: SC 21 Feb 2018

Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints. Held: The Commissioner’s appeal failed: To provide an effective deterrent, laws which prohibit conduct constituting a breach of article … Continue reading Commissioner of Police of The Metropolis v DSD and Another: SC 21 Feb 2018

Tabouret v France: ECHR 12 May 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Citations: 43078/15, [2022] ECHR 365 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.677882

Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005

(Gibraltar) The appellants sought to argue that the failure to allow an acquitted defendant any possible order for costs was a breach of the Constitution. Held: Section 8 of the Constitution, like its analogue article 6 of the European Convention, seeks to guarantee the procedural fairness of the criminal process. Though the Convention is not … Continue reading Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005

Prokopovich v Russia: ECHR 18 Nov 2004

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (estoppel); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award. Citations: 58255/00, [2004] ECHR 642 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 8 Cited by: Judgment – Prokopovich v Russia ECHR 8-Aug-2011 Execution … Continue reading Prokopovich v Russia: ECHR 18 Nov 2004

Isayeva, Yusupova And Bazayeva v Russia: ECHR 24 Feb 2005

ECHR Judgment (Merits and Just Satisfaction). The court considered the duties of a signatory state under article 2 when taking substantial military actions against insurgents. Citations: 57949/00, [2005] ECHR 129, 57947/00, 57948/00, (2005) 41 EHRR 39 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 2 Jurisdiction: Human Rights Cited by: Cited – Smith, Regina … Continue reading Isayeva, Yusupova And Bazayeva v Russia: ECHR 24 Feb 2005

Sisojeva And Others v Latvia: ECHR 16 Jun 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 8; No violation of Art. 34; Non-pecuniary damage – financial award; Costs and expenses – claim rejected. Citations: 60654/00, [2005] ECHR 405, [2005] ECHR 923 Links: Worldlii, Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – AXA General Insurance … Continue reading Sisojeva And Others v Latvia: ECHR 16 Jun 2005

Fox, Campbell And Hartley v The United Kingdom: ECHR 27 Mar 1991

ECHR Judgment (Just Satisfaction) – Costs and expenses award – Convention proceedings; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient. Citations: [1991] ECHR 27, 12245/86, 12244/86, 12383/86 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: See Also – Fox, Campbell and Hartley v The United Kingdom ECHR 30-Aug-1990 The … Continue reading Fox, Campbell And Hartley v The United Kingdom: ECHR 27 Mar 1991

Blackstock v The United Kingdom: ECHR 21 Jun 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-4; Violation of Art. 5-5; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.The claimant was a prisoner serving a life sentence. He complained that the delays in considering the move towards his being detained in more open conditions, and the … Continue reading Blackstock v The United Kingdom: ECHR 21 Jun 2005

Y, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Jul 2013

Challenge to refusal of indefinite leave to remain, saying that a return would infringe his articles 3 and 5 rights beause of his mental condition. Judges: Anthony Thornton QC J Citations: [2013] EWHC 2127 (Admin) Links: Bailii Statutes: European Convention on Human Rights 3 8 Jurisdiction: England and Wales Immigration, Human Rights Updated: 01 July … Continue reading Y, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Jul 2013

Stephen Jordan (No 2) v The United Kingdom: ECHR 10 Dec 2002

The applicant was a soldier who had been court marshalled for misuse of travel warrants. He wished to use in his defence his recent epilepsy. There was some delay while medical reports were obtained, and subsequently when the new legal system was brought in and again for the issue of a new legal aid order. … Continue reading Stephen Jordan (No 2) v The United Kingdom: ECHR 10 Dec 2002

Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

Private Hearings are Not in Secret H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application was refused save as to identification of the children, and certain tax matters. The hearing was listed as in Private restricted only that certain people only were entitled to attend, … Continue reading Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

X v The Czech Republic: ECHR 12 May 2022

ECHR Judgment : No Article 8 – Right to respect for private and family life : Fifth Section Citations: 64886/19, [2022] ECHR 363 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.677887

P v BW (Children Cases: Hearings in Public): FD 2003

The applicant sought a joint residence order, and for a declaration that the rules preventing such hearings being in public breached the requirement for a public hearing. Held: Both FPR 1991 rule 4.16(7) and section 97 are compatible with the fair trial provisions of Article 61) of the European Convention for the Protection of Human … Continue reading P v BW (Children Cases: Hearings in Public): FD 2003

Williams v The Secretary of State for the Home Office: CA 17 Apr 2002

The applicant was a post-tariff discretionary life prisoner, applying for a change in his security classification. He sought disclosure of his security report which was denied by the respondent. He alleged a breach of his human rights. Held: The punitive part of the sentence was complete. The earlier panel had advised his reclassification from security … Continue reading Williams v The Secretary of State for the Home Office: CA 17 Apr 2002

Holland v Her Majesty’s Advocate (Devolution): PC 11 May 2005

The defendant appealed his convictions for robbery. He had been subject to a dock identification, and he complained that the prosecution had failed in its duties of disclosure. Held: The combination of several failings meant that the defendant had not received a fair trial, and the appeal was allowed. The practice of dock identification was … Continue reading Holland v Her Majesty’s Advocate (Devolution): PC 11 May 2005

K v Netherlands: ECHR 1 Jul 1985

Discrimination; Immigration; Nationality; Right to respect for private and family life Judges: MM J A FROWEIN, Acting President Citations: 11278/84, [1985] ECHR 15, (1986) 50 DR 199, (1986) 8 EHRR CD95, (1985) 43 D and R 216 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Johnson, Regina (on … Continue reading K v Netherlands: ECHR 1 Jul 1985

Becker v Norway: ECHR 5 Oct 2017

ECHR Judgment : Violation of Article 10 – Freedom of expression -(general) Article 10-1 – Freedom of expression Freedom to impart information… Citations: 21272/12, [2017] ECHR 834 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 June 2022; Ref: scu.607913

Kuric And Others v Slovenia: ECHR 26 Jun 2012

Grand Chamber – Yugoslav citizens resident in Slovenia at the time of independence, failed to acquire Slovenian citizenship and their names were ‘erased’ from the register of permanent residents, thus making them stateless. It was not in dispute that the ‘erasure’ and its repercussions amounted to an interference with the ‘private or family life’ of … Continue reading Kuric And Others v Slovenia: ECHR 26 Jun 2012

Sellick and Sellick, Regina v: CACD 14 Mar 2005

The defendants appealed convictions for murder saying that the court had had read to it the statements of four witnesses who refused to attend for fear, having been intimidated. Other witnesses had been unco-operative and had been treated by the prosecution as hostile. Held: The appeal failed. The appellants’ rights under Article 6 were in … Continue reading Sellick and Sellick, Regina v: CACD 14 Mar 2005

Arrowsmith v United Kingdom: ECHR 12 Oct 1978

(Commission) Article 9 is apt to include a belief such as pacifism, which could be a philosophy. However, Miss Arrowsmith distributed leaflets to soldiers, urging them to decline service in Northern Ireland. This was dictated by her pacifist views. But the contents of the leaflets did not express pacifist views, nor did the act of … Continue reading Arrowsmith v United Kingdom: ECHR 12 Oct 1978

Goodson v HM Coroner for Bedfordshire and Luton: Admn 17 Dec 2004

A patient had died in hospital following an operation. The NHS Trust submitted that ‘There is a real distinction between cases of medical negligence, which were specifically addressed as a discrete area in Calvelli, and cases of intentional killing or failure to protect someone in custody.’ Held: ‘Calvelli is both the most recent decision and … Continue reading Goodson v HM Coroner for Bedfordshire and Luton: Admn 17 Dec 2004

Denizci And Others v Cyprus: ECHR 23 May 2001

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Struck out of the list in respect of Aziz Marthoca; No violation of Art. 2; Violation of Art. 3; Violation of Art. 5; Not necessary to examine Art. 8; Not necessary to examine P1-1; Violation of P4-2; Not necessary to examine P4-3; No failure to … Continue reading Denizci And Others v Cyprus: ECHR 23 May 2001

Hewitson v The United Kingdom: ECHR 27 May 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedingsThe applicant had been under investigation by the police. Whilst under arrest, his garage was fitted with a secret recording device, and the evidence gathered was later used against … Continue reading Hewitson v The United Kingdom: ECHR 27 May 2003

Atack v Lee and Another: CA 16 Dec 2004

Defendant insurers had challenged conditional fee agreements involving a two stage success fee. Both cases took place before limitations were introduced by Callery v Gray. Held: It would be wrong to apply Callery v Gray retrospectively. A two stage conditional success fee was to be encouraged. The success fee might properly be raised to up … Continue reading Atack v Lee and Another: CA 16 Dec 2004

King v United Kingdom: ECHR 16 Nov 2004

The claimant had been subject to tax penalty proceedings. They continued for more than 14 years. Held: The length of the proceedings exceeded the time properly to be allowed, and infringed his right to a fair trial. Though the taxpayer himself had contributed to the delay with unmeritorious appeals, the state’s delay was excessive. Citations: … Continue reading King v United Kingdom: ECHR 16 Nov 2004

Gilchrist and Another v Her Majesty’s Advocate: HCJ 24 Aug 2004

The defendants were to stand trial for drugs offences, but raised a devoltion issue as to the use of police surveillance products gathered under the 2000 Act. They said that the authorisation to carry out the surveillance had been granted on insufficient detail as required under the 2000 Act, infringing their right to a fair … Continue reading Gilchrist and Another v Her Majesty’s Advocate: HCJ 24 Aug 2004

Ahmed and Qureshi v Regina: CACD 28 Oct 2004

The defendants appealed confiscation orders saying that the court had taken account of their interests in the matrimonial home, and that this would prejudice the interest of others. Held: Before the amendment to the section, the court had retained a discretion as to whther or not to include the value of a matrimonial home in … Continue reading Ahmed and Qureshi v Regina: CACD 28 Oct 2004

Bennett v Officers A and B and Commissioner of Police for the Metropolis: CA 2 Nov 2004

Police Officers had been involved in a shooting in which a man died. They were granted anonymity before the coroner’s court, on evidence suggesting they might be at risk. The family of the deceased appealed. Held: The coroner misdirected herself in respect of the threshold of risk test by allowing for ‘a reasonable chance’ of … Continue reading Bennett v Officers A and B and Commissioner of Police for the Metropolis: CA 2 Nov 2004

Makhmudova And Others v Russia: ECHR 12 Mar 2019

ECHR Judgment : Article 2 – Right to life : Third Section Committee ECHR Judgment : Pecuniary and non-pecuniary damage – award : Third Section Committee Citations: 22983/10, [2019] ECHR 202, [2020] ECHR 446 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.636021

Gul v Turkey: ECHR 9 Oct 2018

ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 14619/12, [2018] ECHR 809 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.628807

Wu v Secretary of State for Home Department: CA 5 Jul 2002

W had been brought to the UK illegally by Chinese gangs. He had argued that his considerable debts to these gangs meant that if returned he or his family would be subject to severe physical threat including death. The SS now appealed from his grant of asylum. Citations: [2002] EWCA Civ 1189 Links: Bailii Statutes: … Continue reading Wu v Secretary of State for Home Department: CA 5 Jul 2002

Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter had been settled the court was invited to pursue the decision. Held: The Act … Continue reading Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

The First Secretary of State, Grant Doe, Gregory Yates, Paul Eames v Chichester District Council: CA 29 Sep 2004

The appellants challenged a decision to grant planning consent for a private gipsy with mobile homes. The issue was whether the council in refusing permission and in issuing enforcement proceedings, had infringed the applicants human rights. The planning guidance required authorities to provide sites, but against other planning priorities. The Inspector had found little planning … Continue reading The First Secretary of State, Grant Doe, Gregory Yates, Paul Eames v Chichester District Council: CA 29 Sep 2004

Ganci v Italie: ECHR 30 Oct 2003

The applicant was serving two life sentences for Mafia related activities. He challenged nine decrees issued by the Minister of Justice under which he was held under a special prison regime for a period of four years. His case related to delays by the courts in dealing with his challenge. The Court said: ‘the applicant … Continue reading Ganci v Italie: ECHR 30 Oct 2003

Oneryildiz v Turkey: ECHR 18 Jun 2002

(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal house-hold refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house, killing his close relatives. The applicant claimed that the local authorities were responsible for the accident at the tip and for … Continue reading Oneryildiz v Turkey: ECHR 18 Jun 2002

Van Marle And Others v The Netherlands: ECHR 26 Jun 1986

The applicants were accountants who had practised as such for some years when a new statute came into force which required then to register. Their applications were refused. Held: Article 1PI was engaged. In paragraphs 41 and 42 the Court said this: ‘The Court agrees with the Commission that the right relied upon by the … Continue reading Van Marle And Others v The Netherlands: ECHR 26 Jun 1986

Metropolitan Church Of Bessarabia And Others v Moldova: ECHR 13 Dec 2001

‘in principle, the right to freedom of religion as understood in the Convention rules out any appreciation by the state of the legitimacy of religious beliefs or of the manner in which these are expressed’ Citations: 45701/99, (2002) 35 EHRR 306, [2001] ECHR 860 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 9 Jurisdiction: … Continue reading Metropolitan Church Of Bessarabia And Others v Moldova: ECHR 13 Dec 2001

Allan v The United Kingdom: ECHR 5 Nov 2002

The appellant had been convicted of murder. The police had encouraged an informant to associate with him whilst in prison and to entice admissions from him. They had also recorded conversations whilst he was in the police station cells. Held: No system regulated such recordings, and accordingly the recordings were not according to law, and … Continue reading Allan v The United Kingdom: ECHR 5 Nov 2002

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

Dragan Kovacevic v Croatia: ECHR 12 May 2022

ECHR Judgment : Article 6 – Right to a fair trial : First Section Citations: 49281/15, [2022] ECHR 364 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 June 2022; Ref: scu.677864

Fonseca Carreira v Portugal: ECHR 14 Jun 2001

‘The Court notes that the Convention institutions have consistently taken the view that Article 6.1 does not apply to proceedings for interim relief. The purpose of such proceedings is to deal with a temporary state of affairs pending the outcome of the main proceedings; consequently they do not result in a determination of civil rights … Continue reading Fonseca Carreira v Portugal: ECHR 14 Jun 2001

Affaire Radio France et autres v France: ECHR 30 Mar 2004

A person’s right to protect his/her reputation is among the rights guaranteed by ECHR Article 8 as an element of the right to respect for private life. Citations: 53984/00, [2007] ECHR 127, (2005) 40 EHRR 29 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 8 Cited by: Cited – Greene v Associated Newspapers Ltd … Continue reading Affaire Radio France et autres v France: ECHR 30 Mar 2004

Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

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: 12325/86, 14992/89 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.227240

Gurov And Others v Russia: ECHR 5 May 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 5123/09, [2022] ECHR 350 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.677869

Tutakbala v Turkey: ECHR 17 May 2022

ECHR Judgment : Article 2 – Right to life : Second Section Committee Citations: 38059/12, [2022] ECHR 376 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 June 2022; Ref: scu.677885

Al-Waheed v Ministry of Defence: SC 17 Jan 2017

‘These two appeals arise out of actions for damages brought against the United Kingdom government by detainees, alleging unlawful detention and maltreatment by British forces. They are two of several hundred actions in which similar claims are made. In both cases, the claim is based in part on article 5(1) of the European Convention on … Continue reading Al-Waheed v Ministry of Defence: SC 17 Jan 2017

N v Secretary of State for the Home Department: HL 5 May 2005

The applicant had sought asylum here, but her application was rejected. She was suffering advanced HIV/AIDS. With continued proper treatment she would survive several years. If returned to Uganda she would not receive that treatment and would not survice as long. Held: The issue was not as to her mistreatment in Uganda, but as to … Continue reading N v Secretary of State for the Home Department: HL 5 May 2005

Oganezova v Armenia: ECHR 17 May 2022

ECHR Judgment : Article 14+3 – Discrimination on the basis of sexual orientation : Fourth Section Citations: 71367/12, [2022] ECHR 367 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 June 2022; Ref: scu.677877

Khan v Royal Air Force Summary Appeal Court: Admn 7 Oct 2004

The defendant claimed that he had gone absent without leave from the RAF as a conscientous objector. Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was no procedure to make his objection known, the failure to do so might … Continue reading Khan v Royal Air Force Summary Appeal Court: Admn 7 Oct 2004

Blecic v Croatia: ECHR 29 Jul 2004

The applicant had for many years before 1992 had a protected tenancy of a publicly-owned flat in Zadar. Under Croatian law a specially-protected tenancy might be terminated if the tenant ceased to occupy the flat for a continuous period of six months, but not if the tenant’s failure was attributable to medical treatment, military service … Continue reading Blecic v Croatia: ECHR 29 Jul 2004

Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others: Admn 22 Jul 2004

Proceedings before the Mental Health Review Tribnal had been very nearly all held in private. The patient, Ian Brady sought to have his hearing in public. Held: Beatson J approved the Tribunal’s reasons forfind that their privacy rules were a proper and proportionate departure from the principle of open justice and thus compatible with article … Continue reading Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others: Admn 22 Jul 2004

Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004

The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery. Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights … Continue reading Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004

Pla and Puncernau v Andorra: ECHR 13 Jul 2004

A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for life, with a stipulation that he was to leave this inheritance to a son or grandson of a lawful and canonical marriage, failing which the estate was to pass to the children and grandchildren of the testatrix’s … Continue reading Pla and Puncernau v Andorra: ECHR 13 Jul 2004

Broniowski v Poland: ECHR 22 Jun 2004

Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; Violation of P1-1 ; Just satisfaction reserved ; Costs and expenses partial award – Convention proceedingsGrand Chamber – the principle of lawfulness inherent in A1P1 ‘presupposes that the applicable provisions of domestic law are sufficiently accessible, precise and foreseeable in their … Continue reading Broniowski v Poland: ECHR 22 Jun 2004

Graham, Re an Application for Judicial Review: QBNI 2 Apr 2004

The applicant sought judicial review of his cellular confinement after being found to have assaulted a prison guard. Held: Weatherup J said: ‘the loss of association or loss of privileges as a consequence of a prison adjudication do not constitute a breach of Article 8. First of all there must be a ‘right’ which has … Continue reading Graham, Re an Application for Judicial Review: QBNI 2 Apr 2004