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Regina v Cotter and Others: CACD 10 May 2002

The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. … Continue reading Regina v Cotter and Others: CACD 10 May 2002

Spiller and Another v Joseph and Others: SC 1 Dec 2010

The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010

Halabi, Regina (on The Application of) v The Crown Court At Southwark: Admn 1 May 2020

Whether the imposition of a Notification Order (‘N/O’) under section 97 of the Sexual Offences Act 2003 (‘SOA 2003’) was disproportionate and breached Article 8 of the European Convention on Human Rights Judges: Lord Justice Haddon-Cave and Mr Justice Holgate Citations: [2020] EWHC 1053 (Admin) Links: Bailii Jurisdiction: England and Wales Criminal Sentencing, Human Rights … Continue reading Halabi, Regina (on The Application of) v The Crown Court At Southwark: Admn 1 May 2020

Sylvester v Austria: ECHR 15 Sep 2010

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings‘the court reiterates that effective respect for family life requires that future relations between parent and … Continue reading Sylvester v Austria: ECHR 15 Sep 2010

Stevens v Secretary of State for Communities and Local Government and Another: Admn 10 Apr 2013

The court was asked as to important issues as the approach of both planning decision-makers and the court to proportionality in circumstances in which a planning decision engages the right to respect for family life under article 8 of the European Convention on Human Rights, and in particular involves the rights of children. Judges: Hickinbottom … Continue reading Stevens v Secretary of State for Communities and Local Government and Another: Admn 10 Apr 2013

Legillon v France: ECHR 10 Jan 2013

ECHR Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Agnelet v. France, no. 61198/08, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for … Continue reading Legillon v France: ECHR 10 Jan 2013

Claes v Belgium: ECHR 10 Jan 2013

ECHR Article 3Degrading treatmentStructural problems resulting in prisoner suffering from mental disorders being held for more than fifteen years in prison psychiatric wing with no hope of change or appropriate medical care: violationFacts – In February 1978 a Criminal Court judgment ruled that the applicant, who had raped his underage sisters, was not criminally responsible … Continue reading Claes v Belgium: ECHR 10 Jan 2013

Agnelet v France: ECHR 10 Jan 2013

Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Legillon v. France, no. 53406/10, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for murder. … Continue reading Agnelet v France: ECHR 10 Jan 2013

Ashby Donald And Others v France: ECHR 10 Jan 2013

ECHR Article 10-1Freedom of expressionConviction of photographers for copyright infringement through publication on the Internet of photographs of fashion show: no violationARTICLE 10Freedom of expressionno violationFacts – The applicants are fashion photographers. Accredited by the French designers’ federation Federation francaise de la couture for different fashion publications, they were invited by various fashion houses to … Continue reading Ashby Donald And Others v France: ECHR 10 Jan 2013

Ayliffe And Others v United Kingdom: ECHR 10 Feb 2009

The applicants were all either employees of or volunteers for Greenpeace. They were charged with a number of offences relating to the boarding of a cargo ship. They were acquitted but the trial judge refused to award the applicants their costs in the criminal proceedings. They complained that the refusal to award them their costs … Continue reading Ayliffe And Others v United Kingdom: ECHR 10 Feb 2009

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

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

Polyelectrolyte Producers Group Geie v European Chemicals Agency: ECJ 21 Mar 2013

ECJ Appeal – Actions for annulment – Admissibility – Premature action – Action out of time – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – European Chemicals Agency (ECHA) – Regulation (EC) No 1907/2006 – Articles 57 and 59 – Substances subject to authorisation … Continue reading Polyelectrolyte Producers Group Geie v European Chemicals Agency: ECJ 21 Mar 2013

SNF SAS v European Chemicals Agency: ECJ 21 Mar 2013

ECJ Opinion – Appeal – Actions for annulment – Admissibility – Premature action – Action out of time – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – European Chemicals Agency (ECHA) – Regulation (EC) No 1907/2006 – Articles 57 and 59 – Substances subject … Continue reading SNF SAS v European Chemicals Agency: ECJ 21 Mar 2013

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

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

Al Nashiri v Poland: ECHR 10 Jul 2012

ECHR Article 3 Torture Alleged complicity in practice of rendition of persons to secret detention sites at which illegal interrogation methods were employed: communicated Effective investigation Alleged failure to acknowledge and investigate details of ill-treatment and enforced disappearance: communicated [This summary also covers the communicated case of Al Nashiri v. Romania, no. 33234/12.] The applicant, … Continue reading Al Nashiri v Poland: ECHR 10 Jul 2012

Grainger and Others v The United Kingdom: ECHR 10 Jul 2012

Citations: 34940/10 – HEDEC, [2012] ECHR 1675 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales) SC 9-Feb-2015 The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported … Continue reading Grainger and Others v The United Kingdom: ECHR 10 Jul 2012

Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007

(Statement of Facts) To resist an extradition application to America to stand trial on various federal charges, the appellants claimed that if they were extradited there was a real prospect that they would be made subject to a determination by the President that would have the effect that they be detained indefinitely and/or that they … Continue reading Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007

Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

It will only be in exceptional circumstances that an applicant’s private or family life in a contracting state will outweigh the legitimate aim pursued by his or her extradition. Recalling that there is no right in the Convention not to be extradited and that, by implication, there is no right to be prosecuted in a … Continue reading Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

Pontes v Portugal: ECHR 10 Apr 2012

‘The Court repeats forcefully, in such cases, the interests of the child must come before any other consideration.’ Judges: Tulkens P Citations: 19554/09 (French text), [2012] ECHR 1573 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – ANS and Another v ML SC 11-Jul-2012 The mother opposed adoption proceedings, and argued that … Continue reading Pontes v Portugal: ECHR 10 Apr 2012

Z And Others v The United Kingdom: ECHR 10 May 2001

Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001

Regina (M) v Inner London Crown Court: Admn 10 Feb 2003

The applicant’s daughter had been convicted of a petty assault, and she had herself been made subject of a twelve month parenting order. She appealed. Held: Parenting orders are proper within a democratic society, and do not infringe a parent’s right to respect for family life. Nevertheless, no responsible bench could have made such an … Continue reading Regina (M) v Inner London Crown Court: Admn 10 Feb 2003

P-B (a Minor) (child cases: hearings in open court): CA 20 Jun 1996

The applicant sought to have his application for a residence order heard in open court: ‘Article 6 (1) provides for the public hearing and the public pronouncement of judgment of cases, but with the proviso of exclusion of the press and the public from all or part of the trial ‘in the interest of morals, … Continue reading P-B (a Minor) (child cases: hearings in open court): CA 20 Jun 1996

Jehovah’s Witnesses of Moscow v Russia: ECHR 10 Jun 2010

When considering the treatment of the religious community of Jehovah’s Witnesses in Moscow, the European Court of Human Rights said: ‘The Court further reiterates that the state’s duty of neutrality and impartiality prohibits it from assessing the legitimacy of religious beliefs or the ways in which those beliefs are expressed or manifested. Accordingly, the state … Continue reading Jehovah’s Witnesses of Moscow v Russia: ECHR 10 Jun 2010

Schalk and Kopf v Austria: ECHR 22 Nov 2010

The applicants, a same sex couple sought the right to marry. Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their relationship, although since practice in this regard is still evolving across Europe, the Contracting States enjoy a wide … Continue reading Schalk and Kopf v Austria: ECHR 22 Nov 2010

Schalk and Kopf v Austria: ECHR 24 Jun 2010

The applicants alleged discrimination in that as a same sex couple they were not allowed to marry. Held: There was no violation.The Court cannot but note that there is an emerging European consensus towards legal recognition of same-sex couples. Moreover, this tendency has developed rapidly over the past decade. Nevertheless, there is not yet a … Continue reading Schalk and Kopf v Austria: ECHR 24 Jun 2010

Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008

It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008

Schalk and Kopf v Austria: ECHR 16 Feb 2010

The applicants, same sex partners, complained of the refusal of their request to be married, saying that the legal impossibility for them to get married constituted a violation of their right to respect for private and family life and of the principle of non-discrimination. Citations: 30141/04, [2010] ECHR 218 Links: Bailii Statutes: European Convention on … Continue reading Schalk and Kopf v Austria: ECHR 16 Feb 2010

Yalland and Others v Secretary of State for Exiting The European Union (629): Admn 3 Feb 2017

Application for anonymity order – challenge to constitutionality of proposed steps in leaving the EU. Held: Granted for those applying for it.The common law rights of the public and press to know about court proceedings are also protected by article 10 of the ECHR Citations: [2017] EWHC 629 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading Yalland and Others v Secretary of State for Exiting The European Union (629): Admn 3 Feb 2017

Syed and Another v Westminster Magistrates Court: Admn 25 May 2010

The defendants challenged sentences of imprisonment imposed for failure to pay confiscation orders, saying that the delay in enforcement meant that the proceedings should have been stayed. Judges: Elias LJ, Keith J Citations: [2010] EWHC 1617 (Admin) Links: Bailii Statutes: European Convention on Human Rights 6 Jurisdiction: England and Wales Criminal Sentencing, Human Rights Updated: … Continue reading Syed and Another v Westminster Magistrates Court: Admn 25 May 2010

AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011

UTIAC 1) Whilst section 2 of the Human Rights Act 1998 and its associated case law requires United Kingdom tribunals in general to give effect to the jurisprudence of the European Court of Human Rights, including that Court’s guidance on how to approach evidence in international protection cases, the weighing of evidence and the drawing … Continue reading AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011

ABC Ltd v Y: ChD 6 Dec 2010

There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties might not obtain documents on the court file. Held: The applicant X was entitled … Continue reading ABC Ltd v Y: ChD 6 Dec 2010

McDaid And Others v The United Kingdom: ECHR 10 Oct 2000

Citations: 34988/97, [2000] ECHR 465, 34822/97, 34957/97 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – McDaid v United Kingdom ECHR 1996 (Commission) Decision on admissibility. Residents of Derry applied alleging inter alia that there had been a breach of the procedural obligation under article 2 to hold a … Continue reading McDaid And Others v The United Kingdom: ECHR 10 Oct 2000

Sharkunov and Mezentsev v Russia: ECHR 10 Jun 2010

The court was asked as to the lack of legal assistance while in police custody and the use at the trial of incriminating statements that had been made at that stage. Held: The court repeated the proposition that was first stated in Salduz, that the rights of the defence will in principle be irretrievably prejudiced … Continue reading Sharkunov and Mezentsev v Russia: ECHR 10 Jun 2010

Murray v The United Kingdom: ECHR 15 Sep 2010

(Final Execution) The Court having found the respondent to have been in breach of the claimants’ human rights in having denied them access to legal advice on arrest for a period of up to 48 hours, now concluded that necessary measures had been taken and the case was closed. Citations: [2010] ECHR 1890, 18731/91 Links: … Continue reading Murray v The United Kingdom: ECHR 15 Sep 2010

Halcrow and Another v Crown Prosecution Service: Admn 10 Mar 2021

The court was asked whether the appellants had a reasonable excuse, within the meaning of the Stonehenge Regulations 1997, for entering the stone circle at Stonehenge on 4 February 2018 and 6 May 2018. The reasonable excuse was that the restrictions on entry to the stone circle impermissibly infringed the appellants’ rights under articles 9, … Continue reading Halcrow and Another v Crown Prosecution Service: Admn 10 Mar 2021

Williams v Dyfed and Powys Police: CA 22 Nov 2010

The claimants appealed against dismissal of their claim for damages under the 1998 Act. The house had been searched under warrant. They said that the constable obtaining the warrant had acted on information he knew or ought to have known was false. The officer had acted on the basis of information provided through Crimestoppers, but … Continue reading Williams v Dyfed and Powys Police: CA 22 Nov 2010

Editions Plon (Societe) v France: ECHR 15 Sep 2010

The case concerns the banning of distribution, in January 1996, of the book ‘Le Grand Secret’, co-authored by a journalist and President Mitterrand’s personal physician. The book was published by the applicant company nine days after the President’s death. It disclosed that the President had been suffering from cancer, diagnosed as early as 1981 some … Continue reading Editions Plon (Societe) v France: ECHR 15 Sep 2010

Mosley v The United Kingdom: ECHR 10 May 2011

The claimant complained of the reporting of a sexual encounter which he said was private. Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes … Continue reading Mosley v The United Kingdom: ECHR 10 May 2011

Palau Martinez v France: ECHR 15 Sep 2010

Citations: 64927/01, [2010] ECHR 1428 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Palau Martinez v France ECHR 16-Dec-2003 A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the … Continue reading Palau Martinez v France: ECHR 15 Sep 2010

AA, Regina (on The Application of) v Secretary of State for The Home Department: SC 10 Jul 2013

The issue on this appeal is the effect of section 55 on the legality of the appellant’s detention under paragraph 16 over a period of 13 days. At the time of the detention the Secretary of State acted in the mistaken but reasonable belief that he was aged over 18. It is now an agreed … Continue reading AA, Regina (on The Application of) v Secretary of State for The Home Department: SC 10 Jul 2013

Greens v The United Kingdom: ECHR 23 Nov 2010

The applicants alleged a violation of article 3 in the refusal to allow them to enrol on the electoral register whilst serving prison sentences. Held: Where one of its judgments raises issues of general public importance and sensitivity, in respect of which the national authorities enjoy a discretionary area of judgment, it may be appropriate … Continue reading Greens v The United Kingdom: ECHR 23 Nov 2010

Robinson, Regina (on The Application of) v Secretary of State for Justice: CA 19 May 2010

The appellant had been released on licence during his sentence but then recalled. He contended that the effect of the newly introduced section 50A was a retrospective increase in his sentencce. Judges: Lord Nueberger MR, Moses, Munby LJJ Citations: [2010] EWCA Civ 848, [2010] 1 WLR 2380 Links: Bailii Statutes: Criminal Justice Act 1991 50A, … Continue reading Robinson, Regina (on The Application of) v Secretary of State for Justice: CA 19 May 2010

Webster and Others v Ridgeway Foundation School: QBD 5 Feb 2010

The claimant had been severely injured when attacked at school. He was a white youth, and his attackers all Asian. The school had a history of inter-racial tension, and he claimed in negligence, and that they had failed to protect his human right not to be subjected to torture. Judges: Nicol J Citations: [2010] EWHC … Continue reading Webster and Others v Ridgeway Foundation School: QBD 5 Feb 2010

Bader and Others v Sweden: ECHR 15 Sep 2010

Execution of the judgment of the European Court of Human Rights Citations: 13284/04, [2010] ECHR 1450 Links: Bailii Jurisdiction: Human Rights Citing: See Also – Bader and Others v Sweden ECHR 8-Nov-2005 ECHR Judgment (Merits) – Violation of Art. 2; Violation of Art. 3. . . Lists of cited by and citing cases may be … Continue reading Bader and Others v Sweden: ECHR 15 Sep 2010

Mousa, Regina (on The Application of) v Secretary of State for Defence and Another: Admn 21 Dec 2010

Application for judicial review of the Secretary of State’s refusal to order an immediate public inquiry into allegations that persons detained in Iraq at various times between 2003 and 2008 were ill-treated in breach of article 3 of the European Convention on Human Rights by members of the British Armed Forces. Held: Judicial review was … Continue reading Mousa, Regina (on The Application of) v Secretary of State for Defence and Another: Admn 21 Dec 2010

Faulkner, Regina (on The Application of) v Secretary of State for Justice The Parole Board: CA 14 Dec 2010

The claimant sought damages saying that his detention in prison beyond the minimum period pending a review was unlawful when that review was delayed. He now appealed against dismissal of his claim when he had not appeared at court, being unlawfully at large. Held: The appeal was allowed: ‘(1) Mr Faulkner had suffered a breach … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice The Parole Board: CA 14 Dec 2010

Kay And Others v United Kingdom: ECHR 21 Sep 2010

(Fourth Section) After carefully considering the various views expressed in the House of Lords in Kay v Lambeth [2006] 2 AC 465 and Doherty v Birmingham [2009] 1 AC 367, and the relevant decisions of the Court of Appeal, the EurCtHR stated, at paras 65-68, that the principles laid down in Connors v UK (2005) … Continue reading Kay And Others v United Kingdom: ECHR 21 Sep 2010

Miranda Van Den Berg And Noa Sarri v The Netherlands: ECHR 2 Nov 2010

A mother was complaining that the Dutch courts had ordered the return of her daughter and had rejected her case under article 13b. Citations: 7239/08, [2010] ECHR 1947 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Re E (Children) (Abduction: Custody Appeal) SC 10-Jun-2011 Two children were born in Norway to … Continue reading Miranda Van Den Berg And Noa Sarri v The Netherlands: ECHR 2 Nov 2010

Kryvitska And Kryvitskyy v Ukraine: ECHR 2 Dec 2010

Citations: 30856/03, [2010] ECHR 1850 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – London Borough of Hounslow v Powell, Leeds City Council v Hall etc SC 23-Feb-2011 In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was … Continue reading Kryvitska And Kryvitskyy v Ukraine: ECHR 2 Dec 2010

Regina v Qazi and Another: CACD 4 Nov 2010

The defendant appealed against sentence, saying that given his serious medical condition, any imprisonment would threaten his human rights. Held: The court set out the law. A court imposing a sentence should not concern itself with the adequacy of arrangements in prisons save where the nere fact of inprisonmentt will inevitably expose the prisoner to … Continue reading Regina v Qazi and Another: CACD 4 Nov 2010

Secretary of State for Business, Innovation and Skills v Doffman and Another: ChD 11 Oct 2010

The defendants applied for directors’ disqualification proceedings for the claim to be struck out or dismissed on the ground that the respondent had breached their rights to a fair trial under Article 6 of the European Convention on Human Rights and/or breached his duty to act fairly, in that they had failed to disclose material … Continue reading Secretary of State for Business, Innovation and Skills v Doffman and Another: ChD 11 Oct 2010

Yoldas v Turkey – French Text: ECHR 23 Feb 2010

Yoldas was charged with belonging to an illegal organisation. He had been informed of his rights by the public prosecutor and by the judge who placed him on remand. He signed a form saying that he had the right to appoint a legal representative who could be present when his statement was taken, and that … Continue reading Yoldas v Turkey – French Text: ECHR 23 Feb 2010

Gillberg v Sweden: ECHR 2 Nov 2010

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

Grosskopf v Germany: ECHR 21 Oct 2010

The Court considered whether a sufficient causal connection existed between the applicant’s original conviction and his continuing preventive detention. Held: The Court expressed concern about the apparent absence of any special measures, instruments or institutions to address the danger presented by persons subject to preventive detention and to limit the duration of their detention, but … Continue reading Grosskopf v Germany: ECHR 21 Oct 2010

Iskandarov v Russia: ECHR 23 Sep 2010

Citations: 17185/05, [2010] ECHR 1336 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Equality and Human Rights Commission v Prime Minister and Others Admn 3-Oct-2011 The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only … Continue reading Iskandarov v Russia: ECHR 23 Sep 2010

Polanco Torres And Movilla Polanco v Spain: ECHR 21 Sep 2010

(French Text) The Spanish Newspaper El Mundo published an article defamatory of the petitioners. It was based on computer disks of company accounts authenticated by an accountant dismissed by the company. The Spanish Constitutional Court had applied a relevant principle of Spanish law described as ‘due diligence’, namely that if such publication is to be … Continue reading Polanco Torres And Movilla Polanco v Spain: ECHR 21 Sep 2010

YC v The United Kingdom: ECHR 21 Jul 2010

Statement of facts Citations: 4547/10, [2010] ECHR 1228 Links: Bailii Statutes: European Convention on Human Rights 8 Cited by: See Also – YC v The United Kingdom ECHR 13-Mar-2012 The court collated a number of different ways in which, in its previous judgments, it had sought to explain the requirements of necessity and proportionality in … Continue reading YC v The United Kingdom: ECHR 21 Jul 2010

NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010

The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in Chapter III of the Regulation fall within the scope of … Continue reading NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010

Dbouba v Turkey: ECHR 13 Jul 2010

Citations: 15916/09, [2010] ECHR 1110 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016 The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the … Continue reading Dbouba v Turkey: ECHR 13 Jul 2010

Alipour And Hosseinzadgan v Turkey: ECHR 13 Jul 2010

Citations: 6909/08, [2010] ECHR 1108 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016 The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the … Continue reading Alipour And Hosseinzadgan v Turkey: ECHR 13 Jul 2010

Abdulazhon Isakov v Russia: ECHR 8 Jul 2010

Citations: 14049/08, [2010] ECHR 1070 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Equality and Human Rights Commission v Prime Minister and Others Admn 3-Oct-2011 The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only … Continue reading Abdulazhon Isakov v Russia: ECHR 8 Jul 2010

Uzukauskas v Lithuania: ECHR 6 Jul 2010

ECHR The applicant had a licence for a pistol and rifle. His was refused another licence, and then the existing licence was withdrawn. His name had been included in a police list in an operational records file holding data for law enforcement bodies obtained during operational activities. He began proceedings challenging his listing. The court … Continue reading Uzukauskas v Lithuania: ECHR 6 Jul 2010

Al-Jedda v Secretary of State for Defence: CA 8 Jul 2010

Al Jedda, who had both Iraqi and British nationality, sought damages for unlawful imprisonment by reason of his detention by British forces in a military detention centre in Iraq. Judges: Arden LJ, Sir John Dyson, Elias LJ Citations: [2010] EWCA Civ 758, [2011] 2 WLR 225, [2011] QB 773 Links: Bailii Jurisdiction: England and Wales … Continue reading Al-Jedda v Secretary of State for Defence: CA 8 Jul 2010

Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life. Held: The decision … Continue reading Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

McCaughey and Quinn, Re Judicial Review: CANI 26 Mar 2010

The claimants challenged the mode of inquest sought to be carried out. They had been refused an undertaking that the inquest would comply with obligations under article 2. Held: The appeal failed. McKerr remained binding on the court, even if this were inconsistent with the decision in Silih. Citations: [2010] NICA 13 Links: Bailii Statutes: … Continue reading McCaughey and Quinn, Re Judicial Review: CANI 26 Mar 2010

TTM v London Borough of Hackney and Others: Admn 11 Jun 2010

The claimant had said that his detention under the 1983 Act was unlawful, and that the court should issue a writ of habeas corpus for his release. Having been released he sought damages on the basis that his human rights had been infringed. The admission had been made despite the claimant’s brother having notified the … Continue reading TTM v London Borough of Hackney and Others: Admn 11 Jun 2010

Schuitemaker v The Netherlands: ECHR 4 May 2010

The applicant was a philosopher by profession. She claimed unemployment benefit and was told that her benefits would be reduced unless she was willing to take up a wider range of employment than she considered suitable. She complained under Article 4 that she was being forced to take up labour irrespective of whether it would … Continue reading Schuitemaker v The Netherlands: ECHR 4 May 2010

Birmingham City Council v Clue (Shelter intervening): CA 29 Apr 2010

The claimant had sought housing from the appellant. It had taken the view that her application for indefinite leave to remain would be refused and had rejected her application. The court had found it improper of the council to prejudge the decision of the immigration authorities. The council appealed. Held: The appeal failed. Except only … Continue reading Birmingham City Council v Clue (Shelter intervening): CA 29 Apr 2010

Charahili v Turkey: ECHR 13 Apr 2010

Citations: 46605/07, [2010] ECHR 565 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016 The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the … Continue reading Charahili v Turkey: ECHR 13 Apr 2010

Depalle v France: ECHR 29 Mar 2010

Grand ChamberThe Court summarised the effect of Sporrong: ‘The Court reiterates that, according to its case-law, Article 1 of Protocol No 1, which guarantees in substance the right of property, comprises three distinct rules (see, inter alia, James v United Kingdom (1986) 8 EHRR 123, para 37): the first, which is expressed in the first … Continue reading Depalle v France: ECHR 29 Mar 2010

Salford City Council v Mullen: CA 30 Mar 2010

The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that such decisions, being decisions affecting their Article 8 rights must be subject to challenge.The court considered the situation at Human … Continue reading Salford City Council v Mullen: CA 30 Mar 2010

Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013

The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in the United Kingdom as an illegal immigrant, another Albanian national named … Continue reading Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013

Hakan Duman v Turkey: ECHR 23 Mar 2010

The claimant said he had not been given appropriate access to a lawyer when in police custody. Held: The use of statements obtained at the stage of the police inquiry and the judicial investigation is not inconsistent with article 6(1), provided that the rights of the defence are respected. Citations: 28439/03, [2010] ECHR 368 Links: … Continue reading Hakan Duman v Turkey: ECHR 23 Mar 2010

Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010

The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. Judges: Mummery, Maurice Kay, Hooper LJJ Citations: [2010] EWCA Civ 212 Links: Bailii Statutes: British Nationality Act 1981 40(4) Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010

Zaichenko v Russia: ECHR 18 Feb 2010

(First Section) The claimant complaned that he had not been allowed access to a lawyer when being questioned by police when he was not under arrest. He had been stopped driving home from work and his car inspected by the police after reports of workers stealing diesel from their service vehicles. Two cans of diesel … Continue reading Zaichenko v Russia: ECHR 18 Feb 2010

King v The United Kingdom: ECHR 26 Jan 2010

Mr King was accused of being a member of a gang engaged in a conspiracy to import large quantities of ecstasy into Australia. He appealed against extradition saying that this would interfere with his article 8 rights. He had in the United Kingdom two young children and a mother whose health would not allow her … Continue reading King v The United Kingdom: ECHR 26 Jan 2010

Virdi v The Law Society of England and Wales and Another: CA 16 Feb 2010

The claimant solicitor complained that in disciplinary proceedings brought against him by the respondent, the clerk to the tribunal had drafted the judgment, even though she had been an emloyee of the respondent. Held: The description of the clerk’s functions at showed that he had an essentially administrative role which, as in the case of … Continue reading Virdi v The Law Society of England and Wales and Another: CA 16 Feb 2010

Kevin Fox v United Kingdom: ECHR 15 Jan 2010

The claimant said that he had been severely assaulted by police officers on his arrest, and that the respondent had failed to provide a proper investigation and or remedy. Held: The court replied with questions for the parties. Citations: 61319/09, [2010] ECHR 96 Links: Bailii Statutes: European Convention on Human Rights Citing: Cited – Morrison … Continue reading Kevin Fox v United Kingdom: ECHR 15 Jan 2010

Brauer v Germany: ECHR 28 Jan 2010

Just satisfaction – friendly settlement Judges: Peer Lorenzen, P Citations: 3545/04, [2010] ECHR 74 Links: Bailii Statutes: European Convention on Human Rights 8 Citing: See Also – Brauer v Germany ECHR 28-May-2009 The applicant was born outside marriage in 1948 in East Germany and claimed a share of the estate of her father, who had … Continue reading Brauer v Germany: ECHR 28 Jan 2010

Borotyuk v Ukraine: ECHR 16 Dec 2010

(Fifth Section) The applicant complained, in particular, that his continued pre-trial detention had been unjustified and that he had not been legally represented in the early stages of the criminal proceedings. Held: The court summarised the general principles that are to be found in Salduz. It stated that, as a rule, access to a lawyer … Continue reading Borotyuk v Ukraine: ECHR 16 Dec 2010

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

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

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

O’Donoghue and Others v United Kingdom: ECHR 14 Dec 2010

Citations: 34848/07, [2010] ECHR 2022, [2011] Fam Law 234, 30 BHRC 85, [2011] 2 FCR 197, (2011) 53 EHRR 1, [2011] 1 FLR 1307 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – O’Donoghue and Others v United Kingdom ECHR 17-Nov-2008 . . Approved – Baiai and others, Regina … Continue reading O’Donoghue and Others v United Kingdom: ECHR 14 Dec 2010

Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006

The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006

Gillan and Quinton v The United Kingdom: ECHR 10 Jun 2008

The court set the questions to be answered later in response to the complaint as to the use of stop and search powers by the British police. Citations: 4158/05, [2008] ECHR 521 Links: Bailii Statutes: European Convention on Human Rights 5 8 10, Terrorism Act 2000 44 Jurisdiction: Human Rights Citing: At First Instance – … Continue reading Gillan and Quinton v The United Kingdom: ECHR 10 Jun 2008

Huber v Bundesrepublik Deutschland (European Citizenship): ECJ 3 Apr 2008

ECJ An Austrian businessman who had moved to Germany complained that storing data relating to him in a central register of foreign nationals discriminated against him as there was no such database for German nationals. Advocate General Poiares Maduro pointed out that: ‘The concept of necessity has a long history in Community law and is … Continue reading Huber v Bundesrepublik Deutschland (European Citizenship): ECJ 3 Apr 2008

In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others: SC 27 Jan 2010

Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the Supreme Court, applications were also now made to lift the anonymity orders. Held: The … Continue reading In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others: SC 27 Jan 2010