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 therefore the jurisdiction, of France on SAA principles, notwithstanding that this authority was being … Continue reading Illich Sanchez Ramirez v France: ECHR 24 Jun 1996
(Commission) A reasonable denial of the right to education does not violate the Convention. Citations: (1996) 84-A DR 98 Jurisdiction: Human Rights 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 … Continue reading Sulak v Turkey: ECHR 1996
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 proceedings; Costs and expenses award – Convention proceedings Citations: [1996] ECHR 41, 18748/91, (1997) 23 EHRR 387, 2 BHRC 110 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: … Continue reading Manoussakis and Others v Greece: ECHR 26 Sep 1996
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
Citations: [1996] ECHR 100, 25803/94 Links: Bailii Statutes: European Convention on Human Rights 3 Cited by: Cited – Selmouni v France ECHR 28-Jul-1999 Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – . .Cited – Selmouni … Continue reading Selmouni v France: ECHR 25 Nov 1996
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 expeditons’ by those seeking a judicial review.Woolf LJ MR said: ‘on an application for judicial review there is usually … Continue reading Regina v Secretary of State for Home Department ex parte Fayed: CA 13 Nov 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
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 negligently fired by the gun … Continue reading Mulcahy v Ministry of Defence: CA 21 Feb 1996
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 reason for reducing the length of the sentence, either on the ground of the … Continue reading Regina v Bernard: CACD 2 Jul 1996
The privilege against self incrimination was lost by the act of voluntarily submitting to the rules of a professional institute. Leggatt LJ: ‘Waiver of privilegeWe indicated to counsel that for the purposes of this appeal we were content to assume, without deciding, that the privilege from self-incrimination at least extends to investigations of a quasi-judicial … Continue reading Regina v Institute of Chartered Accountants of England and Wales ex parte Nawaz: Admn 25 Oct 1996
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 justified in respect of extracts from affirmations in pending lawsuits. The court applied … Continue reading Stern v Piper and Others: CA 21 May 1996
(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. Judges: Rozakis P Citations: 25798/94, [1996] ECHR 82 Links: Bailii Statutes: European Convention on Human Rights 6 10, Criminal Procedure (Attendance … Continue reading British Broadcasting Corporation v United Kingdom: ECHR 18 Jan 1996
Admissibility decision. The right to fish or hunt is a civil right within the meaning of article 6. Citations: [1996] ECHR 79, (1996) 87-A DR 78 Links: Bailii Jurisdiction: Human Rights Cited by: Cited – Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another HL 28-Nov-2007 The appellants said that … Continue reading Konkama v Sweden: ECHR 25 Nov 1996
Citations: [1997] EWHC Admin 490 Links: Bailii Statutes: Extradition Act 1989 Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Home Department ex parte Launder Admn 6-Aug-1996 The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. . . See Also – … Continue reading In the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail: Admn 21 May 1997
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’, which subsequent events cannot break save in exceptional circumstances’. Citations: … Continue reading Ahmut v The Netherlands: ECHR 28 Nov 1996
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 person’s education needs. Local authorities may only depart from the Secretary of State’s guidance for good reason. Sedley … Continue reading Regina v Islington Borough Council Ex Parte Rixon: QBD 17 Apr 1996
The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. Citations: Times 29-Oct-1996, [1996] EWHC Admin 60 Statutes: Extradition Act 1989 12 Jurisdiction: England and Wales Citing: Cited – Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions HL 1991 The … Continue reading Regina v Secretary of State for Home Department ex parte Launder: Admn 6 Aug 1996
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 which were matters for the planning authority and the Secretary of State. Judges: … Continue reading Regina v Basildon District Council: Admn 1996
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. Citations: 20940/92, [1996] ECHR 64, 20941/92, 20942/92 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 19 June 2022; Ref: scu.211552
Citations: (1996) 85 DR 149 Jurisdiction: Human Rights Cited by: Superceded – Karner v Austria ECHR 24-Jul-2003 A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of . … Continue reading Roosli v Germany: ECHR 1996
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 subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
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 given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
ECJ Competition – Payment of fines – Bank guarantee – Application for interim measures – Suspension of operation of a measure. Citations: T-18/96, [1996] EUECJ T-18/96 Links: Bailii Cited by: See Also – SCK and FNK v Commission ECJ 22-Oct-1997 ECJ Competition – Mobile cranes – Article 6 of the European Convention on Human Rights … Continue reading SCK and FNK v Commission: ECFI 4 Jun 1996
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 expenses partial award – Convention proceedings Citations: [1996] ECHR 71, 21335/93 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 04 June 2022; Ref: scu.165479
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 sufficient; Costs and expenses partial award – Convention proceedingsA child was punished by her school for refusing to attend a National … Continue reading Valsamis v Greece: ECHR 18 Dec 1996
ECHR Judgment (Merits and just satisfaction) Lack of jurisdiction (new complaint); Violation of Art. 3; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedingsThe court noted that Somalia (the country to which Austria had proposed expelling … Continue reading Ahmed v Austria: ECHR 17 Dec 1996
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 parties to a criminal or civil trial to have knowledge of and comment on … Continue reading Lobo Machado v Portugal: ECHR 20 Feb 1996
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 parent: ‘These measures were particularly far-reaching in that they totally deprived the applicant … Continue reading Johansen v Norway: ECHR 7 Aug 1996
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 proceedings; Costs and expenses partial award – Convention proceedings‘In order to determine whether someone has been ‘deprived of his liberty’ within the meaning of Article 5, the … Continue reading Amuur v France: ECHR 25 Jun 1996
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 punitive period, to bring the case of his continued detention before a … Continue reading Hussain v The United Kingdom: ECHR 21 Feb 1996
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 protecting the rights of others. Held: The provision of a system which would allow … Continue reading Wingrove v The United Kingdom: ECHR 25 Nov 1996
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: ‘Limitation periods in personal injury cases are a common feature of the … Continue reading Stubbings and Others v The United Kingdom: ECHR 22 Oct 1996
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 decide the case before it. Citations: [1996] ECHR 66, 20641/92, (1997) 24 EHRR 456 Links: … Continue reading Terra Woningen BV v The Netherlands: ECHR 17 Dec 1996
ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (abuse of process); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Violation of Art. 25-1; Violation of P1-1; No violation of Art. 14; No violation of Art. 18; Not necessary to examine Art. 3; Not necessary to examine Art. 5; Not necessary to examine Art. 6-1; … Continue reading Akdivar and Others v Turkey: ECHR 16 Sep 1996
ECHR Judgment (Merits and just satisfaction) Lack of jurisdiction (new complaint); Violation of Art. 6-1; Violation of Art. 6-3-b; Violation of Art. 6-3-c; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings Citations: [1996] ECHR 67, 20368/92 Links: Worldlii, Bailii Human Rights Updated: 04 … Continue reading Vacher v France: ECHR 17 Dec 1996
ECHR Judgment (Merits and just satisfaction) Violation of art. 6-1 (adversarial trial); Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings Citations: [1996] ECHR 7, 19075/91 Links: Worldlii, Bailii Human Rights Updated: 04 June 2022; Ref: … Continue reading Vermeulen v Belgium: ECHR 20 Feb 1996
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 sufficient; Costs and expenses partial award – Convention proceedings Citations: [1996] ECHR 69, 24095/94 Links: Worldlii, Bailii Jurisdiction: Human Rights Human … Continue reading Efstratiou v Greece: ECHR 18 Dec 1996
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 national authorities. The Commission found that the interests of the applicant outweighed the general interest. The Court, also by … Continue reading Buckley v The United Kingdom: ECHR 25 Sep 1996
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 exact transposition by the Member States (Council Directives 78/659 and 79/923) 2 Member States – Obligations – Implementation of directives … Continue reading Commission v Germany: ECJ 12 Dec 1996
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 the Treaty – Whether permissible (EC Treaty, Arts 130u(2), 130y and 235; EC-India Cooperation Agreement, Art. 1(1); Council Decision 94/578) 2 Development cooperation – … Continue reading Portugal v Council: ECJ 3 Dec 1996
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 was of one or other sex but also extended to discrimination arising from the gender reassignment … Continue reading P v S and Cornwall County Council: ECJ 30 Apr 1996
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
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 . .
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
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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