Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent. Held: Community Law does not assist the Applicant. The question had been considered in Parliament, and allowing for the limitations on the powers of courts exercising … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996
Court to make use of control over sex offenders in appropriate cases by the use of extended licences. Citations: Times 22-Oct-1996, [1996] EWCA Crim 668, [1997] 1 Cr App R (S) 399 Statutes: Criminal Justice Act 1991 44 Jurisdiction: England and Wales Cited by: Cited – Regina v R (Sentencing: Extended licences) CACD 25-Jul-2003 The … Continue reading Regina v Hodgson: CACD 27 Jun 1996
The applicant for asylum had been involved in an airport bomb attack killing 10 people. Asylum had been refused on the basis that this was a non-political crime. Though the organisation had political objectives, those were only indirectly associated with the bomb attach which was disproportionate to those aims. Held: The involvement by the applicant … Continue reading T v Secretary of State for the Home Department: HL 22 May 1996
Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 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 full investigation into the ‘Bloody Sunday’ killings in 1972. They alleged inadequacies in the Widgery Report, an investigation conducted by the RUC and the inquest that had been … Continue reading McDaid v United Kingdom: ECHR 1996
(Commission) The applicant was a civil servant and a Seventh-day Adventist. He was dismissed for his refusal to continue working after sunset on Fridays. His contract required him to work on Friday evenings after sunset. Held: The claim was manifestly ill-founded. The applicant had a duty to accept certain obligations to the State employer, including … Continue reading Konttinen v Finland: ECHR 3 Dec 1996
A full restriction on the use of material emanating from a prison visit was unlawful as an interference with the right of free speech of the prisoner: ‘The blanket prohibition on making use of material obtained in a visit is not, on the evidence before me, therefore justified as the minimum interference necessary with the … Continue reading Regina v Secretary of State for Home Department ex parte Ian Simms and Michael Alan Mark O’Brien: QBD 19 Dec 1996
The complaint was that the mandatory child support payments meant that the father could not visit his children as often as he was entitled under the court’s order to do. The complaint of a direct breach of article 8 failed because he could not show that the impact upon his family life was sufficiently grave, … Continue reading Logan v United Kingdom: ECHR 6 Sep 1996
The keeping of a pet does not fall within the sphere of the owner’s private or family life for the purposes of Article 8. Citations: (1996) 21 EHRR CD 85 Statutes: European Convention on Human Rights 8 Cited by: Cited – Countryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005 The various … Continue reading Bullock v United Kingdom: ECHR 1996
The court arranged a live link transmission where both counsel were in the room with the witness while the judge and accused remained in the courtroom. Held: The application was declared inadmissible. The Convention does not guarantee the accused a right to be in the same room as the witness giving evidence. What matters is … Continue reading Hols v Netherlands: ECHR 19 Oct 1996
The Secretary of State, when presenting an application for the disqualification of a company director is obliged to present a balanced picture. ‘It is accepted that these are not ordinary adversarial proceedings but have an element of public interest and may entail penal consequences. It follows that there is a duty on the applicant to … Continue reading Re Moonlight Foods Ltd , Secretary of State for Trade and Industry v Hickling: 1996
The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005
The parties had settled an earlier dispute under a joint venture agreement on terms which included a provision that disputes between them should not be settled by the ordinary courts but by a special arbitration procedure. The arbitrators rejected all the claims advanced by the applicants. The applicants challenged the award in the Dutch courts … Continue reading Nordstrom-Janzon v The Netherlands: ECHR 1996
The claimant sought to challenge the rebuttable presumption as to the breed of a dog enacted in section 5(5) of the Act. Held: The applicant had been entitled but, although represented, had failed, to call evidence to prove at trial that his dog was not of the breed proscribed by the Act, and that the … Continue reading Bates v United Kingdom: ECHR 16 Jan 1996
(Commission) A reasonable denial of the right to education does not violate the Convention. Citations: (1996) 84-A DR 98 Cited by: Cited – Ali v The Head Teacher and Governors of Lord Grey School CA 29-Mar-2004 The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by … Continue reading Sulak v Turkey: ECHR 1996
The applicants were members of a parish of the Church of Sweden who complained of a violation of article 9 of the Convention because the Assembly of the Church of Sweden had prohibited the use of the liturgy of the Finnish Evangelical-Lutheran Church in their parish. Held: At the relevant time the Church of Sweden … Continue reading Hautanemi v Sweden: ECHR 1996
The court was asked whether Turkey was answerable under the Convention for its acts in Northern Cyprus. Held: It was unnecessary to determine whether Turkey actually exercised detailed control over the policies and actions of the authorities of the TRNC. It was obvious from the fact that more than 30,000 Turkish military personnel were engaged … Continue reading Loizidou v Turkey (Merits): ECHR 18 Dec 1996
‘Paragraph (2) of Article 5 contains the elementary safeguard that any person arrested should know why he is being deprived of his liberty. This protection is an integral part of the scheme of protection afforded by Article 5: by virtue of paragraph (2) any person arrested must be told in simple, non-technical language that he … Continue reading Wilson v Chief Constable of Lancashire Constabulary: CA 5 Nov 1996
Hudoc Lack of jurisdiction (interpretation in abstract); Interpretation 15175/89, [1995] ECHR 5, [1996] ECHR 27, [2007] ECHR 315, [1996] ECHR 27, [2007] ECHR 112 Worldlii, Worldlii, Bailii, Bailii, Bailii Human Rights Human Rights Updated: 18 January 2022; Ref: scu.165435
Unfair dismissal – reasonableness of dismissal by reason of conduct that did not amount to gross misconduct – remitted hearing The ET had originally found the Respondent’s dismissal of the Claimant was unfair. In so doing, it had considered it unfair that, at the appeal stage, the Respondent had purported to aggregate individual acts of … Continue reading Ham v Beardwood Humanities College (Unfair Dismissal: Reasonableness of Dismissal): EAT 23 Oct 2015
More than one asylum claim may be made, but they must be sufficiently different to justify a second claim. The court considered when an application could be treated as having been finally determined and when it was necessary for the Secretary of State to consider afresh further representations that the applicant was entitled to refugee … Continue reading Regina v Secretary of State for the Home Department Ex Parte Onibiyo: CA 28 Mar 1996
The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was available under the material Austrian legislation, but one of the conditions was that the … Continue reading Gaygusuz v Austria: ECHR 16 Sep 1996
A decision at committal to return an accused for trial is susceptible to judicial review where committal was based solely on inadmissible evidence or was based on evidence not reasonably capable of supporting it. The committal was quashed.The ‘Queen’s Bench Division of the High Court has normally in judicial review proceedings jurisdiction to quash a … Continue reading Regina v Bedwellty Justices Ex Parte Williams: HL 18 Sep 1996
The applicant P was an elected councillor. He faced a charge of corruption, being said to have have offered, for reward, to support a planning application made by M, a partner in a firm of architects, and C, a partner in a firm of quantity surveyors. He was tried before a sheriff and a jury … Continue reading Pullar v The United Kingdom: ECHR 10 Jun 1996
LRA Family Law Act 1996 – home rights notice – meaning and effect of ‘intention’ in statute – Applicant’s evidence – property never occupied as a matrimonial home – whether husband ever had entitlement to occupy by virtue of a beneficial estate or interest or application – application opposed by Applicant’s husband’s trustee in bankruptcy … Continue reading Ellis-Carr v Levy (Home Rights : Requirements To Establish Interest): LRA 19 Nov 2013
At the outset of a Preliminary Hearing, the ELAAS representative raised concerns as to the Appellant’s litigation capacity. Adjourning the hearing on terms enabling the investigation of that issue, the EAT held that section 30(3) of the Employment Tribunals Act 1996 (‘the ETA’) provides the EAT with the power to regulate its own procedure, subject … Continue reading Stott v Leadec Ltd (Human Rights : Litigation Capacity): EAT 20 Feb 2020
ECJ (Judgment) Article 8 of Regulation No 990/93 concerning trade between the European Economic Community and the Federal Republic of Yugoslavia, which provides that ‘all vessels, freight vehicles, rolling stock and aircraft in which a majority or controlling interest is held by a person or undertaking in or operating from the Federal Republic of Yugoslavia … Continue reading Bosphorus Hava Yollari Turizm ve Ticaretas v Minister for Transport, Energy and Communications and others: ECJ 30 Jul 1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996
The police had obtained the evidence against the defendant by fixing a covert listening device at an apartment visited by the defendant, and by recording his conversations there. The defendant appealed, saying that the court should have regard to his rights of privacy as enshrined in articles 6 and 8 of the Convention. Held: There … Continue reading Regina v Khan (Sultan): HL 2 Jul 1996
Proper Reply Opportunity Required on Deportation (Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of the day decided that he should … Continue reading Chahal v The United Kingdom: ECHR 15 Nov 1996
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also had failed as require to consider the effect it might have in the Jewish community, … Continue reading Jewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council: Admn 28 Jun 2016
An order for a journalist to reveal his source was a breach of his right of free expression: ‘The court recalls that freedom of expression constitutes one of the essential foundations of a democratic society and that the safeguards to be afforded to the press are of particular importance. Protection of journalistic sources is one … Continue reading Goodwin v The United Kingdom: ECHR 27 Mar 1996
The claimant said that she had been detained in excess of the period allowed under the 1987 Regulations, and that that detention was unlawful. She now appealed against the striking out of her claim. Held: Her action failed. The availablility of a remedy by way of judicial review for a breach of statutory duty is … Continue reading Olutu v Home Office: CA 29 Nov 1996
Hudoc Judgment (Merits and just satisfaction) Preliminary objection allowed (non-exhaustion) (Art. 14+6); Preliminary objection rejected (non-exhaustion) (Art. 6); Preliminary objection rejected (out of time) . .
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 . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (out of time); Violation of Art. 6-1; Not necessary to examine P1-1; Pecuniary damage – financial award; Non-pecuniary damage – . .
A Tunisian national lived in France. In his youth. He was deported after being convicted of a number of serious criminal offences. He returned illegally and formed a relationship with a French national whose child he acknowledged to be his. He . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings . .
The applicant was tried on charges of aggravated homicide and others, but the court found him mentally disturbed, preventing criminal responsibility. He was dangerous it and ordered him to be detained. This security measure remained for a minimum . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of P1-1; Pecuniary damage – reserved; Costs and expenses partial award – domestic proceedings; Costs and . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1 (fair hearing); Costs and expenses – claim withdrawn
The lower court had had taken . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (out of time); Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses . .
Hudoc Preliminary objection joined to merits (victim); Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Preliminary objection rejected (ratione materiae); No violation of . .
Lack of jurisdiction (complaint inadmissible); No violation of Art. 6-2 – The Commission distinguished cases in which there has been no acquittal on the merits of the accusation. . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (A, Eg, C, D, E, F and G); No violation of Art. 6-1 (Feldskov and Lykkeskov Jacobsen); Non-pecuniary damage – financial award; Costs and . .
The Procurator General had submitted to the Supreme Court comments on a plea of nullity made by a defendant without bringing them to the attention of the accused.
Held: The principle of equality of arms had not been respected in the . .
Hudoc Preliminary objection rejected (non-exhaustion); No violation of Art. 6-1; Not necessary to examine Art. 14+6-1
‘the Court’s task is to ascertain whether the proceedings in their entirety were ‘fair’ . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Pecuniary damage – claim rejected . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); No violation of Art. 6-1; Violation of P1-1; Pecuniary damage – reserved; Costs and expenses partial award – domestic . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits (non-exhaustion); Preliminary objection joined to merits (ratione materiae); Preliminary objection rejected (non-exhaustion); . .
Hudoc Preliminary objection rejected (out of time); Preliminary objection rejected (non-exhaustion); Violation of P1-1; Just satisfaction reserved . .
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Not necessary to examine Art. 8; Not necessary to examine P4-2; Pecuniary damage – claim . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits (non-exhaustion); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Violation of Art. 13; Not necessary to . .
The Revenue had refused to exercise a discretion in favour of the taxpayer in the same form it had granted for over twenty years. The taxpayer complained that this was unfair.
Held: The new approach to late applications, brought in without any . .
The applicant was arrested in Khartoum by Sudanese security forces and handed over to French police officers who escorted him to France in a French military aircraft. The ECommHR was willing to accept that he was effectively under the authority, and . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 9; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic . .
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, . .
The nature of the Secretary of State’s objections and a chance to reply are to be given if the Secretary intends to deny an application for naturalisation. Administrative convenience cannot justify unfairness. The court deprecated ‘fishing . .
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 . .
A soldier in the Artillery Regiment was serving in Saudi Arabia in the course of the Gulf war. He was injured when he was part of a team managing a Howitzer, which was firing live rounds into Iraq, and he was standing in front of the gun when it was . .
The court considered the general effect of serious medical condition on sentencing, and how it should allow for such a condition.
Held: A sentencing court is fully entitled to take account of a medical condition by way of mitigation as a . .
The defendant newspaper said that allegations had been made against the plaintiff that he was not paying his debts. In their defence they pleaded justification and the fact that he was being sued for debt.
Held: A defamation was not to be . .
(Commission – Admissibility) The Corporation complained that it had been served with a witness summons obliging it to to hand over materials in its possession, both broadcast and not-broadacst being coverage of a riot. . .
The bond between natural parents and their children is a strong indicator of the existence of family life: ‘from the moment of the child’s birth and by the very fact of it, there exists between him and his parents a bond amounting to ‘family life’, . .
The local authority regarded lack of resources or facilities as an insuperable obstacle to any further attempt to make provision under the 1970 Act.
Held: A Local Authority should allow for non-statutory guidance in assessing a disabled . .
The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. . .
The essence of the section 187B procedure is to achieve a speedy resolution of a planning problem. The courts have repeatedly emphasised that the injunction proceedings are not to be used as an opportunity to re-argue the planning merits of the case . .
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings. . .
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now . .
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration.
Held: Section 28 did not confer paternity. The mistake vitiated whatever consents . .
ECJ Competition – Payment of fines – Bank guarantee – Application for interim measures – Suspension of operation of a measure. . .
ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); No violation of Art. 5-1; Violation of Art. 5-3; Non-pecuniary damage – finding of violation sufficient; Costs and . .
The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes.
Held: Particular weight should be attached to the best interests of the child, which may override those of the . .
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3; No violation of Art. 9; No violation of P1-2; Violation of Art. 13+P1-2; Violation of Art. 13+9; Non-pecuniary damage – finding of violation . .
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Violation of Art. 5-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic . .
The determination of a life sentence by the Home Secretary without recourse to a court was unlawful. There had been a violation of article 5(4) because the applicant who had been detained at Her Majesty’s pleasure was unable, after the expiry of his . .
The applicant had been refused a certification certificate for his video ‘Visions of Ecstasy’ on the basis that it infringed the criminal law of blasphemy. The Court found that the offence was prescribed by law and served the legitimate aim of . .
There was no human rights breach where the victims of sex abuse had been refused a right to sue for damages out of time. The question is whether and to what extent differences in otherwise similar situations justify a different treatment in law: . .
A court had considered itself bound by a decision of the Provincial Executive within the Netherlands adverse to the applicant company.
Held: That was in breach of article 6(1). There was not access to a tribunal with sufficient jurisdiction to . .
ECHR Judgment (Merits and just satisfaction) No violation of Art. 3; No violation of Art. 9; No violation of P1-2; Violation of Art. 13+P1-2; Violation of Art. 13+9; Non-pecuniary damage – finding of violation . .
The Commission had concluded, by a narrow majority, that the measures taken by the respondent in refusing planning permission and enforcing planning orders were excessive and disproportionate, even allowing a margin of appreciation enjoyed by the . .
One of the characteristics of a fair trial under article 6 is that the proceedings should be ‘adversarial’. The applicant’s right, in an adversarial hearing, to see and reply to material before the court: ‘means in principle the opportunity for the . .
ECJ (Judgment) 1 Approximation of laws – Quality of fresh waters needing protection or improvement in order to support fish life and quality required of shellfish waters – Directives 78/659 and 79/923 – Need for . .
ECJ (Judgment) 1 Development cooperation – Conclusion by the Community of international agreements – EC-India Cooperation Agreement – Provision concerning respect for human rights – Legal basis – Article 130y of . .
An employee at an educational establishment told management that he intended to undergo gender reassignment. He was given notice of dismissal.
Held: The scope of the Directive was not confined to discrimination based on the fact that a person . .
References: [2003] EWHC 259 (QB), Gazette 01-May-2003, [2003] 1 FLR 1091 Links: Bailii Coram: The President An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A, A, YA and, ZA (By Their Litigation Friend, the Official Solicitor), the Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
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The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. The applicants believed this would require a further investigation of the … Continue reading McCaughey and Another, Re Application forJudicial Review: SC 18 May 2011
The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval. Held: The Orders must be set aside. ‘It is I think obvious that this procedure does not begin to … Continue reading A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008
The issue in this appeal is when time starts to run for a claim by a part-time judge to a pension under the Part-time Workers’ Directive (Directive 97/81) (‘PTWD’), as applied by the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551). The Appeals were allowed. As judicial officers are not employed under … Continue reading Miller and Others v Ministry of Justice: SC 16 Dec 2019
The Court was asked whether a district judge qualifies as a ‘worker’ for the purpose of the protection given to whistle-blowers under Part IVA of the 1996 Act, and if not then was the absence of protection an infringement of her human rights. Held: As an office holder, she was neither employee nor worker, and … Continue reading Gilham v Ministry of Justice: SC 16 Oct 2019
The defendants appealed convictions for causing grievous bodily harm. During interviw, the solicitor had advised that since the police had failed to make proper disclosure of the evidence, his client should not answer. He now appealed complaining of the judge’s direction as to the the conclusions to be drawn by the jury from his silence. … Continue reading Raymond Christopher Betts, John Anthony Hall v Regina: CACD 9 Feb 2001
The defendants in a forthcoming trial had applied for disclosure of surveillance tapes (some 15,000 hours) made during the investigations anticipating an application for a finding of abuse of process. Some had been served, but the prosecutor now appealed asking whether the protection of the defendants’ human rights required the disclosures. Judges: Rose VP LJ, … Continue reading Regina v Crown Prosecution Service, Re Interlocutory Application: CACD 7 Sep 2005
The applicant a Turkish national, aged 55 years, had lived in Germany for 30 years. He was sentenced to 7 years’ imprisonment for a drugs offence, and then ordered expuelled to Turkey. His wife had serious psychiatric problems. She needed him and could not follow him to Turkey. Held: The complaint under Article 8 was … Continue reading Caglar v Germany: ECHR 7 Dec 2000
The applicant was convicted in 1988 of drug offences committed in 1986. The judge passed a sentence of imprisonment but imposed a confiscation order pursuant to an Act that came into force in l987. Held: The concept of penalty in Article 7 was an autonomous Convention concept and that to render the protection of Article … Continue reading Welch v United Kingdom: ECHR 15 Feb 1995
The German courts construed a teacher’s duty of loyalty as absolute and owed equally by every civil servant, regardless of his or her function and rank under national law. Every civil servant, whatever his or her own opinion on the matter, must unambiguously renounce all groups and movements which the competent authorities hold to be … Continue reading Vogt v Germany: ECHR 1 Nov 1995
