Category: Human Rights

Jollah, Regina (on The Application of) v The Secretary of State for The Home Department: CA 12 Jun 2018

Judges:

Davis, Hickinbottom LJJ, Sir Stephen Richards

Citations:

[2018] EWCA Civ 1260, [2019] 1 WLR 394, [2018] WLR(D) 353

Links:

Bailii

Statutes:

Immigration Act 1971

Jurisdiction:

England and Wales

Citing:

Admin (1) – Jollah, Regina (on The Application of) v Secretary of State for The Home Department Admn 24-Feb-2017
Judicial review of refusal to lift curfew conditions . .
Appeal from – Jollah, Regina (on The Application of) v Secretary of State for The Home Department (No 2) Admn 9-Nov-2017
Claim for damages for false imprisonment arising out of the imposition of what has been referred to as a curfew, namely a requirement that the claimant be present for a certain number of hours each day at specified premises after release from . .

Cited by:

Appeal from – Jalloh, Regina (on the application of) v Secretary of State for the Home Department SC 12-Feb-2020
Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971.
Held: The Court of . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Torts – Other

Updated: 15 October 2022; Ref: scu.618378

eDate Advertising GmbH v X: ECJ 25 Oct 2011

ECJ (Grand Chamber) Regulation (EC) No 44/2001 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ – Directive 2000/31/EC – Publication of information on the internet – Adverse effect on personality rights – Place where the harmful event occurred or may occur – Law applicable to information society services

Judges:

President V Skouris

Citations:

[2011] EUECJ C-161/10, C-509/09, C-161/10, [2011] WLR (D) 330, [2012] ILPr 8, [2012] EMLR 12

Links:

Bailii, WLRD

Statutes:

Regulation (EC) No 44/2001, Directive 2000/31/EC

Jurisdiction:

European

Citing:

See Also – Edate Advertising v X ECJ 29-Mar-2011
ECJ Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Jurisdiction ‘in tort or quasi-delict’ – Violation of personal rights that may have been committed by the publication of information . .
See Also – Edate Advertising v X, Martinez v MGN Ltd ECJ 25-Oct-2011
Grand Chamber – Area Of Freedom, Security And Justice) – Regulation (EC) No 44/2001 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ – Directive . .

Cited by:

Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Cited – Euroeco Fuels (Poland) Ltd and Others v Szczecin and Swinoujscie Seaports Authority Sa and Others CA 11-Nov-2019
Appeal from order declining jurisdiction.
Lewison LJ pointed out: ‘So far as the question of irreconcilable judgments is concerned, I wish to reserve my opinion for a case in which it matters. I simply make the following observations. Judgment . .
Cited – Wright v Granath QBD 16-Jan-2020
Defamation across borders – Jurisdiction
The claimant began an action for defamation in an online publication. The Norwegian resident defendant had begun an action there seeking a declaration negating liability. The Court was now asked by the defendant whether under Lugano, the UK action . .
Lists of cited by and citing cases may be incomplete.

Information, Jurisdiction, Human Rights

Updated: 15 October 2022; Ref: scu.451140

Altun v Turkey: ECHR 1 Jun 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; No violation of Art. 5 ; Not necessary to examine Art. 6-1 ; Violation of Art. 8 ; Violation of Art. 13 ; No violation of Art. 14 ; No violation of Art. 18 ; Violation of P1-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings

Citations:

24561/94, [2004] ECHR 237

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 14 October 2022; Ref: scu.197999

Braathens Regional Aviation (Equal Treatment Between Persons Irrespective of Racial or Ethnic Origin – Compensation for Discrimination): ECJ 14 May 2020

(Opinion) Reference for a preliminary ruling – Directive 2000/43/EC – Equal treatment between persons irrespective of racial or ethnic origin – Article 7 – Defence of rights – Article 15 – Sanctions – Action for compensation for discrimination – Admission mechanism – Refusal by the defendant to acknowledge the existence of discrimination despite the express claim made by the applicant – Link between the sanction and discrimination – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – No possibility of obtaining a finding of discrimination

Citations:

C-30/19, [2020] EUECJ C-30/19_O, ECLI:EU:C:2020:374, [2021] EUECJ C-30/19

Links:

Bailii, Bailii

Jurisdiction:

European

Discrimination, Human Rights

Updated: 14 October 2022; Ref: scu.660176