The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
The claimant challenged the validity of the 1991 Act under Human Rights law, particularly Article 1 of Protocol 1 and Article 8. Held: ‘It is quite clear in my judgment that – putting the matter generally – both the statutory scheme and the CSA’s administration of it are Convention compliant.’ Judges: Munby J Citations: [2002] … Continue reading Denson, Regina (on the Application of) v Child Support Agency: Admn 14 Feb 2002
Hudoc Violation of P1-1 ; Not necessary to examine Art. 14 + P1-1 ; Just satisfaction reserved 46720/99 ; 72203/01 ; 72552/01 Citations: 46720/99, 72203/01, [2004] ECHR 36 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Jahn And Others v Germany ECHR 30-Jun-2005 A deprivation of … Continue reading Jahn And Others v Germany: ECHR 22 Jan 2004
Hudoc No violation of Art. 11; No violation of Art. 6-1; No violation of Art. 13; No violation of P1-1The right to freedom of association under article 11 of the European Convention on Human Rights includes the right not to join or to withdraw from an association. Citations: 15573/89, [1996] ECHR 20, [1998] ECHR 67, … Continue reading Gustafsson v Sweden: ECHR 25 Apr 1996
The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003
(Judgment : Violation of Article 14+P1-1-1 – Prohibition of discrimination (Article 14 – Discrimination) (Article 1 of Protocol No. 1 – P) Citations: 59752/13, [2017] ECHR 274 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581391
Citations: 36815/97, [2004] ECHR 356 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – 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 … Continue reading Scordino v Italy (No. 2): ECHR 15 Jul 2004
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015
Citations: 31443/96, [2005] ECHR 647 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – 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 . . Cited by: … Continue reading Broniowski v Poland: ECHR 28 Sep 2005
Citations: 31443/96, [2009] ECHR 1759 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – 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 . . See Also … Continue reading Broniowski v Poland: ECHR 30 Sep 2009
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006
The applicant, professor in adolescent psychiatry had collected assorted data after having given undertakings to the parents of the children as to its absolute privacy. A sociologist had applied for and been given authority for its release by the Swedish Courts. The applicant had been refused a right tp participate in the court proceedings, and … Continue reading Gillberg v Sweden: ECHR 2 Nov 2010
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1; Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – claim rejected; Costs and expenses partial award – Convention proceedings‘the right to a court would be illusory if a Contracting State’s domestic legal system allowed a final, binding judicial decision to remain inoperative to … Continue reading Immobiliare Saffi v Italy: ECHR 28 Jul 1999
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
A Police Officer assisting in recovery of items ordered to be returned in matrimonial proceedings acted in excess of his powers and trespassed in entering house where there was no immediate threat of breach of the peace, and no sight of disorder. An interference with private life by the police must be objectively justified under … Continue reading McLeod v The United Kingdom: ECHR 23 Sep 1998
(Grand Chamber) The court said of the practice of the Convention institutions under A1 P1: ‘An applicant can allege a violation of article 1 of Protocol 1 only in so far as the impugned decisions related to his ‘possessions’ within the meaning of this provision. ‘Possessions’ can be either ‘existing possessions’ or assets, including claims, … Continue reading Kopecky v Slovakia: ECHR 28 Sep 2004
Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione temporis); Violation of P1-1; Not necessary to examine Art. 6, 13 and 17; Just satisfaction reserved; Costs and expenses partial award – Convention proceedings Citations: [2000] ECHR 2, 30229/96, [2000] ECHR 2, [2001] ECHR 249, 29813/96 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: … Continue reading Garrett, Falcao And Others v Portugal: ECHR 11 Jan 2000
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 as regard to the fairness of the proceedings, and under P1-1; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses (Convention proceedings) – claim rejected. … Continue reading Kalliri-Giannikopoulou and Others v Greece: ECHR 10 Feb 2005
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of P1-1 ; No violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage – financial award ; Costs and expenses partial awardThe claimant company alleged that its human rights had been violated in that it had been ordered to pay … Continue reading Stockholms Forsakrings- Och Skadestandsjuridik Ab v Sweden: ECHR 16 Sep 2003
The defendant NHS trust objected as to the leading of certain evidence by the prosecutor, saying it infringed the right to a fair trial. Held: As a governmental body rather the Trust could not have human rights capable of being infringed, it did not qualify as a victim under the Act. The French version of … Continue reading Frame v Grampian University Hospitals NHS Trust: HCJ 14 Feb 2004
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
ECHR Judgment (Merits) – Preliminary objection rejected (estoppel); Violation of P1-1; Just satisfaction reserved. Citations: 63238/00, [2005] ECHR 722 Links: Worldlii, Bailii Statutes: European Convention on Human Rights P1-1 Human Rights Updated: 04 July 2022; Ref: scu.231426
ECHR Judgment (Merits) – Preliminary ojection rejected (non-exhaustion of domestic proceedings); Violation of P1-1; Just satisfaction reserved. Citations: 63633/00, [2005] ECHR 716 Links: Worldlii, Bailii Statutes: European Convention on Human Rights P1-1 Human Rights Updated: 04 July 2022; Ref: scu.231434
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
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objections dismissed (non-exhaustion of domestic remedies, ratione personae);Violation of Art. 6-1; Violation of P1-1; Pecuniary damage – financial award;Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings. Citations: 35201/02, [2004] ECHR 656, 35196/02, 35091/02 Links: Worldlii, Bailii Statutes: European Convention on Human Rights … Continue reading Mykhaylenky And Others v Ukraine: ECHR 30 Nov 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
A father complained that tax deductions which were granted to married fathers but not to unmarried fathers were discriminatory. He had paid maintenance for his daughter, but was not allowed to set the payments off against his income tax in the way he would have if he and the mother had been married. Held: There … Continue reading PM v The United Kingdom: ECHR 19 Jul 2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 as regard to the fairness of the proceedings, and under P1-1; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses (Convention proceedings) – claim rejected. … Continue reading Andreadaki and Others v Greece: ECHR 10 Feb 2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Not necessary to examine P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings. Citations: 51837/99, [2005] ECHR 44 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 01 July 2022; … Continue reading Beller v Poland: ECHR 1 Feb 2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to access to a court; Not necessary to examine Art. 6-1 with regard to the length of the proceedings; Not necessary to examine Art. 13; No violation of P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award. Citations: 69315/01, [2005] … Continue reading Sukhorubchenko v Russia: ECHR 10 Feb 2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; Just satisfaction reserved. Citations: 43662/98, [2005] ECHR 294 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: See Also – Scordino v Italy (No. 2) ECHR 15-Jul-2004 . . See Also – Scordino v Italy ECHR 29-Jul-2004 (French Text) Grand Chamber. In the context … Continue reading Scordino v Italy (3): ECHR 17 May 2005
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (exhaustion of domestic remedies) ; Violation of Art. 3 ; Violation of Art. 5-1 ; Violation of Art. 8 ; Not necessary to examine P1-1 ; No violation of Art. 34 (former Art. 25) ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award … Continue reading Elci And Others v Turkey: ECHR 13 Nov 2003
Hudoc No violation of Art. 6-1 ; No violation of P1-1 ; No violation of Art. 13The applicant complained that the unification of two parcels of land occupied by him, and registered in the Austrian land registry, and without his consent, infringed his property and human rights. The procedure did not require his consent. He … Continue reading Kienast v Austria: ECHR 23 Jan 2003
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Inadmissible under P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award. Citations: , 70213/01, [2004] ECHR 457 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 June 2022; Ref: scu.277205
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
ECHR Judgment : Article 14+P1-1-1 – Prohibition of discrimination : Fifth Section Citations: 38299/15, [2019] ECHR 211 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.636031
Citations: 29813/96, [2001] ECHR 246 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Garrett, Falcao And Others v Portugal ECHR 11-Jan-2000 Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione temporis); Violation of P1-1; Not necessary to examine Art. 6, 13 and 17; Just satisfaction reserved; Costs … Continue reading Garrett, Falcao And Others v Portugal: ECHR 10 Apr 2001
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings Citations: 61995/00, [2004] ECHR 117 Links: Worldlii, Bailii Statutes: European Convention … Continue reading Montanari v Italy: ECHR 11 Mar 2004
The applicant asserted that his rights had been infringed by the prolonged delay in returning to him possession of an apartment he had let. It had taken from 1993 to April 2001 to complete the judicial proceedings. Held: The court had no reason to differentiate between this and earlier similar cases, and found a breach, … Continue reading Miscioscia v Italy: ECHR 31 Jul 2003
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings Citations: 63414/00, [2003] ECHR 660 Links: Bailii Statutes: European Convention on … Continue reading Scaravaggi v Italy: ECHR 4 Dec 2003
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
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings Citations: 63514/00, [2003] ECHR 641, [2003] ECHR 646 Links: Worldlii, Bailii … Continue reading Giunta v Italy: ECHR 4 Dec 2003
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – claim rejected ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings Citations: 64449/01, [2003] ECHR 657, [2003] ECHR 662 Links: Worldlii, Bailii … Continue reading Soc De Ro Sa v Italy: ECHR 4 Dec 2003
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings Citations: 59367/00, [2003] ECHR 651, [2003] ECHR 656 Links: Worldlii, Bailii … Continue reading Pozzi v Italy: ECHR 4 Dec 2003
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Non-pecuniary damage – financial award ; Costs and expenses partial award Citations: 52071/99, [2003] ECHR 649 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 June 2022; Ref: scu.190189
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings Citations: 60659/00, [2003] ECHR 645, [2003] ECHR 650 Links: Worldlii, Bailii Statutes: European Convention on Human Rights … Continue reading Lerario v Italy: ECHR 4 Dec 2003
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings Citations: 62844/00, [2003] ECHR 660, [2003] ECHR 665 Links: Worldlii, Bailii … Continue reading Todaro v Italy: ECHR 4 Dec 2003
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings Citations: 63543/00, [2003] ECHR 621 Links: Bailii Statutes: European Cnvention on … Continue reading Petrini v Italy: ECHR 27 Nov 2003
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings Citations: 34442/97, [2003] ECHR 572 Links: Worldlii, Bailii Statutes: European Convention … Continue reading Indelicato v Italy: ECHR 6 Nov 2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (victim) ; Violation of Art. 6-1 ; No violation of P1-1; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings Citations: 40601/98, [2003] ECHR 140 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: … Continue reading Guerrera and Fusco v Italy: ECHR 3 Apr 2003
ECHR Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe claimant had terminated a residential lease in 1990. Enforcement of possession orders was not effective because no police assistance was … Continue reading MC v Italy: ECHR 19 Dec 2002
The appellants were journalists and other workers, and members of trades unions. Their employers had de-recognised the unions, paying sums to buy out those rights. The claimants had not surrendered their rights, and had been paid less because of it. Held: The Act did not protect the employees rights of association as guaranteed by article … Continue reading Wilson and NUJ, Palmer, Wyeth and RMT, Doolan and Others v The United Kingdom: ECHR 2 Jul 2002
Hudoc (Grand Chamber) Missing persons: No violation of Art. 2, Art. 4; Violation of Arts. 2 and 5 with regard to lack of effective investigation; No violation of Art. 5 with regard to alleged detention; Not necessary to examine Arts. 3, 6, 8, 13, 14 and 17; Violation of Art. 3 with regard to relatives; … Continue reading Cyprus v Turkey: ECHR 10 May 2001
The reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the criteria established by its case-law, particularly the complexity of the case, the conduct of the applicant and of the relevant authorities and what was at stake for the applicant in the … Continue reading Frydlender v France: ECHR 27 Jun 2000
Hudoc Violation of Art. 6-1 by reason of lack of fair hearing; Violation of Art. 6-1 by reason of refusal of right of access to court; Violation of P1-1; Just satisfaction reserved Citations: [1999] ECHR 105, 28342/95 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Cited by: See Also – Brumarescu v Romania ECHR … Continue reading Brumarescu v Romania: ECHR 28 Oct 1999
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 11; Not necessary to examine Art. 9; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not necessary to examine Art. 18; Not necessary to examine P1-1; Not necessary to examine P1-3; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation … Continue reading The United Communist Party of Turkey And Others v Turkey: ECHR 30 Jan 1998
Hudoc Preliminary objection rejected (non-exhaustion); No violation of P1-1; No violation of Art. 14+P1-1 Citations: [1995] ECHR 35, 12868/87, (1996) 21 EHRR 482 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Cited by: Cited – Salvesen v Riddell and Another; The Lord Advocate intervening (Scotland) SC 24-Apr-2013 The appellant owned farmland tenanted by a … Continue reading Spadea And Scalabrino v Italy: ECHR 28 Sep 1995
Hudoc No violation of Art. 6-1; No violation of P1-1; No violation of Art. 14 Hudoc No violation of Art. 6-1; No violation of P1-1; No violation of Art. 14 Citations: 42527/98, [2001] ECHR 467 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – MAK and RK v The … Continue reading Prince Hans-Adam II of Liechtenstein v Germany: ECHR 12 Jul 2001
ECHR Judgment (Merits) – Preliminary objections rejected (out of time, non-exhaustion of domestic remedies); No violation of P1-1. Citations: 45036/98, [2005] ECHR 440 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The applicant had dual Iraqi and British nationality. He was detained by British … Continue reading Bosphorus Hava Yollari Turizm Ve Ticaret Anonim Sirketi v Ireland: ECHR 30 Jun 2005
Citations: (2005) 42 EHRR 885 Statutes: European Convention on Human Rights Cited by: Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011 Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided … Continue reading Maurice v France: ECHR 2005
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial awardThe applicant had let her flat. Her action to recover possession through the courts had taken 10 years, largely because of the lack of police support in enforcing her lawful … Continue reading Scurci Chimenti v Italy: ECHR 19 Dec 2002
ECHR Judgment : Article 14+P1-1 – Prohibition of discrimination : Fourth Section Committee Citations: 66299/12, [2019] ECHR 98 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 May 2022; Ref: scu.633630
The petitioner challenged his detention and treatment as a mental patient under the 1984 Act, claiming that his human rights to a fair trial had been infringed. It was argued that since the Act automatically dispensed with his common law right to refuse treatment, he had had denied to him the chance to have this … Continue reading M, Petitioner: OHCS 11 Jul 2002
ECHR Judgment : Article 14+P1-1-1 – Prohibition of discrimination : Fourth Section Committee Citations: 57123/10, [2019] ECHR 154 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 May 2022; Ref: scu.633699
ECHR Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); No violation of P1-1; No violation of Art. 14+P1-1; Violation of Art. 14+P1-1; No violation of Art. 13; Just satisfaction reservedThe Court found a violation of Article 1 of Protocol No. 1 in circumstances where the domestic courts declared the planning permission a nullity on the … Continue reading Pine Valley Developments Ltd And Others v Ireland: ECHR 29 Nov 1991
ECHR Judgment : Violation of Article 6+P1-1-1 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Ar… Citations: 50113/07, [2017] ECHR 809 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607998
ECHR Judgment : Violation of Article 13+P1-1 – Right to an effective remedy Article 13 – Effective remedy Article 1 para. 1 of Protocol No… Citations: 40758/09, [2017] ECHR 774 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607878
ECHR Judgment : Violation of Article 6+P1-1-1 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Ar… Citations: 13122/11, [2017] ECHR 671 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607777
The claimant had been compulsorily detained under the Act. He complained that the detention and compulsory medication infringed his rights, and amongst other things breached his religious beliefs. Held: This was an exceptional case requiring attendance of the doctors to allow the testing of their evidence. The administration of anti-psychotic medication to PS would not … Continue reading PS, Regina (on the Application of) v Responsible Medical Officer, Dr G and others: Admn 10 Oct 2003
Citations: 21463/93, [2001] ECHR 10, [2001] ECHR 10 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6.1 Jurisdiction: Human Rights Cited by: Cited – Pulcini v Italy ECHR 17-Apr-2003 Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial … Continue reading Lunari v Italy: ECHR 11 Jan 2001
Separated parents shared the care of their child. The father complained that all the Child Tax Credit was given to the mother. Held: The appeal failed. Although the rule does happen to be indirectly discriminatory against fathers, the complaint would be exactly the same if it did not discriminate between the sexes. Mothers who share … Continue reading Humphreys v Revenue and Customs: SC 16 May 2012
Three newspaper publishers, having lost defamation cases, challenged the levels of costs awarded against them, saying that the levels infringed their own rights of free speech. Held: Each of the three appeals was dismissed. Judges: Lord Neuberger, President, Lord Mance, Lord Sumption, Lord Hughes, Lord Hodge Citations: [2017] UKSC 33 Links: Bailii, Bailii Summary Statutes: … Continue reading Times Newspapers Ltd and Others v Flood and Others: SC 11 Apr 2017
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1; No violation of Art. 6-1 with regard to witnesses; No violation of Art. 6-1 with regard to reasons for decision; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses partial award‘Although Article 1 of Protocol 1 contains no explicit procedural requirement, the … Continue reading Jokela v Finland: ECHR 21 May 2002
Balance of Interests in peaceful enjoyment claim (Plenary Court) The claimants challenged orders expropriating their properties for redevelopment, and the banning of construction pending redevelopment. The orders remained in place for many years. Held: Article 1 comprises three distinct rules: the first rule, set out in the first sentence of the first paragraph, is general … Continue reading Sporrong and Lonnroth v Sweden: ECHR 23 Sep 1982
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence of the Welsh Assembly, in that it did not relate to any of the subjects listed … Continue reading Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR. Held: The Secretary’s appeal succeeded. Section 6 of the 1998 Act permitted the discrimination as … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day the academic year begins. The claimant came as a child with her mother some … Continue reading Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: SC 29 Jul 2015
Recognition of illegitimate children The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. A recognised ‘illegitimate’ child’s rights of inheritance on … Continue reading Marckx v Belgium: ECHR 13 Jun 1979
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986
[2003] ECHR 422, 40601/98 Worldlii, Bailii European Convention on Human Rights Human Rights Citing: See Also – Guerrera and Fusco v Italy ECHR 3-Apr-2003 ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (victim) ; Violation of Art. 6-1 ; No violation of P1-1; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award … Continue reading Guerrera and Fusco v Italy: ECHR 31 Jul 2003
[2001] ECHR 47, 28342/95 Worldlii, Bailii European Convention on Human Rights Human Rights Citing: See Also – Brumarescu v Romania ECHR 28-Oct-1999 Hudoc Violation of Art. 6-1 by reason of lack of fair hearing; Violation of Art. 6-1 by reason of refusal of right of access to court; Violation of P1-1; Just satisfaction reserved . … Continue reading Brumarescu v Romania: ECHR 23 Jan 2001
11810/03, [2010] ECHR 1870 Bailii European Convention on Human Rights Citing: See Also – Maurice v France ECHR 2005 . . See Also – 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 … Continue reading Maurice v France: ECHR 15 Sep 2010
Hudoc Violation of P1-1; Just satisfaction reserved‘The first rule, set out in the first sentence of the first paragraph, is of a general nature and enunciates the principle of the peaceful enjoyment of property; the second rule, contained in the second sentence of the first paragraph, covers deprivation of possessions and subjects it to certain … Continue reading Belvedere Alberghiera S R L v Italy: ECHR 30 May 2000
11810/03, [2006] ECHR 639 Worldlii, Bailii European Convention on Human Rights Human Rights Citing: See Also – Maurice v France ECHR 2005 . . See Also – 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 … Continue reading Maurice v France: ECHR 21 Jun 2006
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-a; Violation of Art. 6-1+6-3-b; Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings Reports of Judgments and Decisions 1999-II 25444/94, [1999] ECHR 17, (1999) … Continue reading Pelissier and Sassi v France: ECHR 25 Mar 1999
The case concerned restrictions on the rent that a property owner could charge. The restrictions were applied to existing leases. It was said that the restrictions brought into play the second paragraph of Article 1 of the First Protocol to the Convention. Held: The second paragraph reserves to States the right to enact such laws … Continue reading Mellacher and Others v Austria: ECHR 19 Dec 1989
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 property pursue, on the facts as well as in principle, a ‘legitimate aim’ in the ‘general interest’, but there must also be a reasonable relation of proportionality between the means … Continue reading Hutten-Czapska v Poland: ECHR 19 Jun 2006
ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; Just satisfaction reserved; Costs and expenses partial award. Sir Nicolas Bratza, P 35014/97, [2005] ECHR 119 Worldlii, Bailii European Convention on Human Rights Human Rights Cited by: Cited – Hutten-Czapska v Poland ECHR 28-Apr-2008 . .See Also – Hutten-Czapska v Poland ECHR 19-Jun-2006 Grand Chamber. … Continue reading Hutten-Czapska v Poland: ECHR 22 Feb 2005
The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. It had come to be a habitat for wildlife, and the order prevented the … Continue reading Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 15 Dec 2004
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of P1-1; Remainder inadmissible; Pecuniary damage – State to secure enforcement of domestic judgment; Non-pecuniary damage – financial award; Costs and expenses – claim dismissed. 7363/04, [2005] ECHR 835 Worldlii, Bailii European Convention on Human Rights Human Rights Human Rights Updated: 21 December … Continue reading Mikryukov v Russia: ECHR 8 Dec 2005
ECHR Judgment : No Article 14+P1-1-1 – Prohibition of discrimination : Second Section 32934/19, [2021] ECHR 878 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 15 December 2021; Ref: scu.668968
The landowner practised from property in Harrow. The former garden had now for many years been used as a forecourt open to the highway, for parking cars of staff and clients. Cars crossed the footpath to gain access, and backing out into the road when leaving. That use was recognised as lawful under planning law. … Continue reading Cusack v London Borough of Harrow: SC 19 Jun 2013
The claimants said that an order that they deliver up documents leaked to them regarding a possible takeover violated their right to freedom of expression. They complained that such disclosure might lead to the identification of journalistic sources. Held: The protection of journalistic sources was part of the protection of freedom of expression: ‘protection of … Continue reading Financial Times Ltd and Others v The United Kingdom: ECHR 15 Dec 2009
The appellants challenged decisions of the VAT and Duties Tribunal after seizure of their goods, and in particular whether the cases had been criminal or civil cases and following Roth, whether the respondent’s policy had been lawful and proportionate. Held: The present procedure does not involve the criminal courts and the absence of any criminal … Continue reading Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003
The claimant challenged fines imposed on him after three illegal immigrants were found to have hidden in his lorry in the immigration control zone at Dunkirk. The 1999 At was to have been amended by the 2002 Act, and the implementation was by the 2002 Order. That Order was now said to be ineffective. Held: … Continue reading Bogdanic v The Secretary of State for The Home Department: QBD 29 Aug 2014
