Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; Violation of P1-1 ; Just satisfaction reserved ; Costs and expenses partial award – Convention proceedings
Grand Chamber – the principle of lawfulness inherent in A1P1 ‘presupposes that the applicable provisions of domestic law are sufficiently accessible, precise and foreseeable in their application.’
Citations:
31443/96, [2004] ECHR 274, (2005) 40 EHRR 21, 16 BHRC 573
Links:
Statutes:
European Convention on Human Rights A1P1
Cited by:
See Also – Broniowski v Poland ECHR 28-Sep-2005
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See Also – Broniowski v Poland ECHR 30-Sep-2009
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Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Cited – Bogdanic v The Secretary of State for The Home Department QBD 29-Aug-2014
The claimant challenged fines imposed on him after three illegal immigrants were found to have hidden in his lorry in the immigration control zone at Dunkirk. The 1999 At was to have been amended by the 2002 Act, and the implementation was by the . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 11 June 2022; Ref: scu.198275