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		Human Rights - From: 2003 To: 2003 This page lists 1137 cases, and was prepared on 28 July 2015. Â Â Devaseelan -v- Secretary of State for the Home Department; IAT 2003 - [2003] Imm AR 1; [2002] IAT 702 Â Crown Prosecution Service -v- Bentham [2005] EWHC 2013 (Admin) 2003 Admn Henriques J Criminal Practice, Human Rights At the trial of a substantive claim for declarations of property rights in the context of confiscation proceedings under the 1986 Act, two interested parties sought to dismissal or stay of the claims dismissed for delay. The proceedings went back to arrests and orders in 1993. Reliance was placed upon Article 6 of the ECHR. Held: There had been two periods of unreasonable delay amounting to about 23 months in total. As to the consequences: "Has there been a breach of the reasonable time requirements? If the Court finds that there has been a breach of the reasonable time requirements: "it may grant such relief or remedy, or make such order, within its powers as it considers just and appropriate." Mr. Turner contends for a stay of the present proceedings and asks me to lift the restraint orders. In assessing whether there has been a breach of the reasonable time requirements I must consider the facts of the case, the conduct of the parties and the reason for any delay. These are proceedings brought by the State to enforce a criminal order made in criminal proceedings against the Defendant. In Attorney General's Reference (N0. 2 of 2001) [2004] 2 WLR 1 at paragraph 22, Lord Bingham stated "the Convention is directed not to departures from the ideal but to infringements of basic human rights, and the threshold of proving a breach of the reasonable time requirement is a high one, not easily exceeded. Judges should not be faced with applications based on lapses of time which, even if they should not have occurred, arouse no serious concern. There can be no doubting that there has been a departure from the ideal in the present case. Mr Talbot acknowledges that fact but contends that in the context of the circumstances of this case as a whole this is not an excessively long period and it cannot properly be characterised as an infringement of basic human rights." The appropriate remedy for the breach of the Convention right was to make a public announcement of the fact of the breach. No more was required as a proportionate response, balancing the interests of the individuals and the community as a whole. The delay had not prejudiced the fair hearing of the substantive issues. European Convention on Human Rights 6 - Drug Trafficking Offences Act 1986 - Human Rights Act 1998 1 Cites 1 Citers Â In re Trusts of X Charity [2003] 1 WLR 2751; [2003] EWHC 257 (Ch) 2003 ChD Sir Andrew Morritt, Vice Chancellor Litigation Practice, Human Rights If a hearing is heard in private, then it is open to the court to rule that its judgment should be maintained in private. Sir Andrew Morritt said: "This, essentially administrative, jurisdiction is designed to provide guidance to the fiduciary as to the proper exercise of his powers in the problematic circumstances with which he is faced. Only rarely could it be said to determine the rights of anyone." European Convention on Human Rights 6 1 Citers Â In re H (Children) [2003] EWCA Civ 369 2003 CA Thorpe LJ, Ferris J Children, Human Rights The maternal grandmother sought permission to intervene in care proceedings to put herself forward as the carer of her young grandchild. The local authority and the guardian objected to the intervention. The judge had refused it. The grandmother appealed. Held: The appeal was allowed. When considering such an application for leave to make an application for a residence order, the statutory checklist must be given its proper respect. It was not appropriate to substitute the test 'has the applicant satisfied the court that he or she has a good arguable case' for the test set out by Parliament in s. 10(9) of the 1989 Act. Thorpe LJ: "The statutory language is transparent. Nowhere does it import any obligation on the judge to carry out independently a review of future prospects." and "I would observe that all that is said directly in relation to the discharge of the judicial task under s. 34(3) and not directly in relation to the discharge of the judicial task under s. 10(9). In my experience, trial judges have interpreted the decision in Re M (Care: Contact: Grandmother's Application for Leave) as requiring them, in the determination of applications under s. 10(9) to apply the three-fold test formulated by Ward LJ which has the laudable purpose of excluding from the litigation exercise applications which are plainly hopeless. I am particularly anxious at the development of a practice that seems to substitute the test, 'has the applicant satisfied the court that he or she has a good arguable case' for the test that Parliament applied in s. 10(9). That anxiety is heightened in modern times where applicants under s. 10(9) manifestly enjoy Art 6 rights to a fair trial and, in the nature of things, are also likely to enjoy Art 8 rights." and "The whole purpose of the decision in Re J was to draw the attention of trial judges to the need to adopt a careful review of the section 10(9) criteria and not to replace those tests simply with a broad evaluation of the applicant's future prospects of success." Children Act 1989 10(9) 1 Citers Â Porter -v- United Kingdom (2003) 37 EHRR CD 8 2003 ECHR Human Rights, Local Government A large surcharge imposed on the applicant was compensatory, not punitive. The criminal limb of article 6 was not engaged. European Convention on Human Rights 6 1 Cites 1 Citers Â Â Regina -v- Davies; CACD 2003 - [2003] ICR 586 (CA) Â Charterhouse Clinical Research Unit Ltd -v- Richmond Pharmacology Ltd [2003] EWHC 1099 2003 QBD Morland J Defamation, Human Rights Morland J said: "it is the duty of the courts to keep claims alleging trade libels within their proper bounds, particularly having regard to s.12(4) of the Human Rights Act 1998 and Article 10 of the Convention." European Convention on Human Rights 10 - Human Rights Act 1998 12(4) 1 Citers Â P -v- BW (Children Cases: Hearings in Public) [2003] 3 FCR 523; [2003] EWHC 1541 (Fam); [2004] 1 FLR 171 2003 FD Bennett J Children, Human Rights The applicant sought a joint residence order, and for a declaration that the rules preventing such hearings being in public breached the requirement for a public hearing. Held: Both FPR 1991 rule 4.16(7) and section 97 are compatible with the fair trial provisions of Article 61) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. European Convention on Human Rights 6.1 - Children Act 1989 97 - Family Proceedings Rules 1991 4.16(7) 1 Cites 1 Citers Â In re L (Care proceedings: Human Rights Claims) [2003] 2 FLR 160 2003 Munby J Children, Human Rights The court set out appropriate procedures designed to human rights claims, even properly brought, from de-railing care proceedings. 1 Citers Â Regina (Gangera) -v- London Borough of Hounslow [2003] EWHC 794; [2003] HLR 1028 2003 Admn Moses J Housing, Human Rights The claimant challenged the Act as being an unlawful discrimination. Held: The 1985 Act in allowing only one succession to a secure tenancy found a proper balance between the needs of the tenant's family and the duty of a local housing authority to manage its housing stock in the interests of the locality and of those in greatest need: "Every secure tenant, whether sole or joint, is limited to one assignment or other transmission of the secure tenancy. The rule limiting succession to one transmission applies to all secure tenants equally." In proceedings between private parties the court does not act incompatibly with article 8 by making or enforcing a possession order without considering questions of proportionality, and it makes no difference that the landlord is a public authority. Moses J said: "It is plain that Parliament had to strike a balance between security of tenure and the wider need for systematic allocation of the local authority's housing resources in circumstances where those housing resources are not unlimited. The striking of such a balance is pre-eminently a matter of policy for the legislature. The court should respect the legislative judgment as to what is in the general interest unless that judgment was manifestly without reasonable foundation." Housing Act 1985 87 - European Convention on Human Rights 8 1 Citers Â Regina -v- JT [2003] EWCA Crim 1011 2003 CACD Criminal Sentencing, Human Rights The provisions of section 68 were punitive, and therefore could not be read to have retrospective effect. Powers of Criminal Courts (Sentencing) Act 2000 68 - European Convention on Human Rights 6 1 Cites 1 Citers Â Kopecky -v- Slovakia 44912/98; (2004) 41 EHRR 944; [2003] ECHR 3 7 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award 1 Citers [ Bailii ] - [ ECHR ] - [ Bailii ] Â Ziacik -v- Slovakia 43377/98; 43377/98 7 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; Violation of Art. 6-1 ; Not necessary to examine Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Korellis -v- Cyprus 54528/00; 54528/00 7 Jan 2003 ECHR Human Rights Hudoc Preliminary objection joined to merits (ratione materiae) ; No violation of Art. 6-1 Â Younger -v- The United Kingdom 57420/00; [2003] ECHR 706; (2003) 36 EHRR CD252 7 Jan 2003 ECHR Human Rights, Prisons Prison authorities are not obliged to regard all prisoners as potential suicide risks. It was not shown that the police should have known that their prisoner was a suicide risk. European Convention on Human Rights 1 Citers [ Bailii ] Â Ziacik -v- Slovakia 43377/98; [2003] ECHR 10; [2003] ECHR 10 7 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; Violation of Art. 6-1 ; Not necessary to examine Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Korellis -v- Cyprus 54528/00; [2003] ECHR 4; [2003] ECHR 4 7 Jan 2003 ECHR Human Rights Hudoc Preliminary objection joined to merits (ratione materiae) ; No violation of Art. 6-1 [ Bailii ] - [ Bailii ] Â Laidin -c- France (NÂ° 2) 39282/98; [2003] ECHR 5; [2003] ECHR 5 7 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Borankova -c- Republique Tcheque 41486/98; [2003] ECHR 1; [2003] ECHR 1 7 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â C.D. -c- France 42405/98; [2003] ECHR 2; [2003] ECHR 2 7 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mac Gee -c- France 46802/99; [2003] ECHR 6; [2003] ECHR 6 7 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Popescu Nasta -c- Roumanie 33355/96; [2003] ECHR 7; [2003] ECHR 7 7 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Scotti -c- France 43719/98; [2003] ECHR 8; [2003] ECHR 8 7 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Wiot -c- France 43722/98; [2003] ECHR 9; [2003] ECHR 9 7 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kadem -v- Malta 55263/00 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) PrÃ©liminary objection dismissed (non-exhaustion) ; Violation of Art. 5-4 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â L. And -v- V. Austria 39392/98; [2003] ECHR 20 9 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â D'Amassa Et Frezza -v- Italy 44513/98; [2001] ECHR 647; [2003] ECHR 15; 44513/98; [2001] ECHR 654; [2003] ECHR 15 9 Jan 2003 ECHR Human Rights Hudoc Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Ciccariello -v- Italy 34412/97; [2003] ECHR 14; 34412/97; [2003] ECHR 14 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Di Tullio -v- Italy 34435/97; [2003] ECHR 16; 34435/97; [2003] ECHR 16 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Cecchi -v- Italy 37888/97; [2003] ECHR 13; 37888/97; [2003] ECHR 13 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Ciccariello -v- Italy 34412/97; 34412/97 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Di Tullio -v- Italy 34435/97; 34435/97 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Cecchi -v- Italy 37888/97; 37888/97 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â E P -v- Italy 34658/97; 34658/97 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Marini -v- Italy 35088/97; 35088/97 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Shishkov -v- Bulgaria 38822/97 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 with regard to right to be brought promptly before a judge ; No violation of Art. 5-1 ; Violation of Art. 5-3 with regard to length of pre-trial detention ; Violation of Art. 5-4 on account of lack of access to file ; Violation of Art. 5-4 with regard to first appeal against detention ; No-violation of Art. 5-4 with regard to second appeal against detention ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Ioannis Papadopoulos -v- Greece 52848/99; 52848/99 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award Â Shishkov -v- Bulgaria 38822/97; 38822/97 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 with regard to right to be brought promptly before a judge ; No violation of Art. 5-1 ; Violation of Art. 5-3 with regard to length of pre-trial detention ; Violation of Art. 5-4 on account of lack of access to file ; Violation of Art. 5-4 with regard to first appeal against detention ; No-violation of Art. 5-4 with regard to second appeal against detention ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â S L -v- Austria (2003) 37 EHRR 39; [2003] ECHR 22; 45330/99; [2003] ECHR 22 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 14+8 ; Not necessary to examine Art. 8 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings 1 Citers [ Bailii ] - [ Bailii ] Â Tamer -v- Turkey 28002/95; [2003] ECHR 24; 28002/95; [2003] ECHR 24 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Marini -v- Italy 35088/97; [2003] ECHR 21; [2003] ECHR 21 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Tamer -v- Turkey 28002/95; 28002/95 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Tolomei -c- Italie 35637/97; [2003] ECHR 25; [2003] ECHR 25 9 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â L. And -v- V. Austria 39392/98;39829/98; [2003] ECHR 20 9 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â L and -v- -v- Austria 39392/98 ; 39829/98; 39392/98 ; 39829/98 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 14+8 ; Not necessary to examine Art. 8 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â L and V -v- Austria 39392/98; 39829/98 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 14+8 ; Not necessary to examine Art. 8 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Kadem -v- Malta 55263/00; [2003] ECHR 19; [2003] ECHR 19 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) PrÃ©liminary objection dismissed (non-exhaustion) ; Violation of Art. 5-4 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Shishkov -v- Bulgaria 38822/97; [2003] ECHR 23; [2003] ECHR 23 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 with regard to right to be brought promptly before a judge ; No violation of Art. 5-1 ; Violation of Art. 5-3 with regard to length of pre-trial detention ; Violation of Art. 5-4 on account of lack of access to file ; Violation of Art. 5-4 with regard to first appeal against detention ; No-violation of Art. 5-4 with regard to second appeal against detention ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â C.T. -c- Italie 35428/97; [2003] ECHR 11; [2003] ECHR 11 9 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Carloni Et Brunii -c- Italie 35777/97; [2003] ECHR 12; [2003] ECHR 12 9 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â E P -v- Italy 34658/97; [2003] ECHR 17; 34658/97; [2003] ECHR 17 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Ioannis Papadopoulos -v- Greece 52848/99; [2003] ECHR 18; 52848/99; [2003] ECHR 18 9 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â In re McKerr [2003] NICA 1; [2004] 1 WLR 807 10 Jan 2003 CANI Carswell LCJ Northern Ireland, Human Rights The appellant's son and two others had been shot dead by police officers. There remained considerable controversy over the circumstances. The matter had been taken to the ECHR which had found the enquiry inadequate. The parties now disputed the steps taken to give effect to that decision. The court held that the 1998 is not to be applied retrospectively. Human Rights Act 1998 - European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] Â H.K. Et Autres -c- Turquie 29864/96; [2003] ECHR 26; [2003] ECHR 26 14 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Oprescu -c- Roumanie 36039/97; [2003] ECHR 29; [2003] ECHR 29 14 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Rawa -v- Poland 38804/97; 38804/97 14 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award Â Lagerblom -v- Sweden 26891/95; [2003] ECHR 28; 26891/95 14 Jan 2003 ECHR Human Rights Hudoc No violation of Art. 6-1 ; No violation of Art. 6-3 [ Bailii ] Â KA -v- Finland [2003] 1 FLR 696; 27751/95; [2003] ECHR 27; [2003] ECHR 27 14 Jan 2003 ECHR Human Rights, Children Hudoc Judgment (Merits and just satisfaction) No violation of Art. 8 with regard to taking into care ; No violation of Art. 8 with regard to involvement in decision-making process ; Violation of Art. 8 with regard to failure to promote reunification ; Non-pecuniary damage - financial award ; Costs and expenses partial award Contracting states have a wide margin of appreciation to determine the necessity of any measures taken in pursuit of the legitimate aim of protecting a child's health and rights, which may vary according to the nature of the issues and interests at stake. European Convention on Human Rights 8 1 Citers [ Bailii ] - [ Bailii ] Â W M -v- Poland 39505/98; 39505/98 14 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim dismissed Â W M -v- Poland 39505/98; [2003] ECHR 31; [2003] ECHR 31 14 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim dismissed [ Bailii ] - [ Bailii ] Â Rawa -v- Poland 38804/97; [2003] ECHR 30; [2003] ECHR 30 14 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Lagerblom -v- Sweden 26891/95; [2003] ECHR 28 14 Jan 2003 ECHR Human Rights Hudoc No violation of Art. 6-1 ; No violation of Art. 6-3 [ Bailii ] Â FK (Kabul) Afghanistan CG [2002] UKIAT 06054 15 Jan 2003 IAT Immigration, Human Rights Appeal against refusal of asylum and human rights clams [ Bailii ] Â Karagiannis and Others -v- Greece 51354/99; [2003] ECHR 32; 51354/99; [2004] ECHR 320; [2004] ECHR 349; [2003] ECHR 32; [2004] ECHR 320; [2004] ECHR 349 16 Jan 2003 ECHR Human Rights Hudoc Violation of P1-1 ; Violation of Art. 6-1 ; Just satisfaction reserved [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Ahmed -v- Birmingham Magistrates' Court [2003] EWHC 72 (Admin) 16 Jan 2003 Admn Road Traffic, Human Rights Delay in hearing [ Bailii ] Â Obasa -v- The United Kingdom 50034/99; [2003] ECHR 34; [2003] ECHR 34 16 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Regina (CD and ADR) -v- Secretary of State for the Home Department Times, 27 January 2003; [2003] EWHC 155 (Admin); [2003] 1 FLR 979 17 Jan 2003 QBD Maurice Kay J Prisons, Children, Human Rights The applicant challenged the decision to separate her from her child whilst she was in prison. Held: such a separation engaged her article 8 Human Rights, and she must be allowed representation when a decision was made. The Prison Service should call in appropriate experts in deciding what were the child's needs, the effect of separation, and the proportionality of the intended act to the need. European Convention on Human Rights 8 1 Citers [ Bailii ] Â Sobanski -v- Poland 40694/98; [2003] ECHR 36; 40694/98; 40694/98; [2003] ECHR 36 21 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention proceedings The claimant alleged that the delay in hearing his request for compensation was so long as to have denied his right to a hearing within a reasonable time. Held: The total delay had been over eight years, of which substantial periods resulted form the court's inactivity. His human rights had been infringed. European Convention on Human Rights 6 [ Bailii ] - [ Bailii ] Â Veeber -v- Estonia (No 2) 45771/99; [2003] ECHR 37; 45771/99; [2003] ECHR 37 21 Jan 2003 ECHR Human Rights, Crime Hudoc Judgment (Merits and just satisfaction) Violation of Art. 7-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention proceedings The complainant alleged that, having been convicted for acts which only later became a crime, his convention rights had been infringed. He had been accused of abusing his position within a company to ensure that substantial sums of tax were not paid. The court had convicted him on the basis that the acts were continuing, and had continued after the law changed. Held: The article 7 rights were prominent in the rights granted. Under the earlier law, he could not have been convicted of a criminal offence unless he had first been dealt with administratively. He had therefore been dealt with more severely. His rights had been infringed. A "continuing offence" is a type of crime committed over a period of time. Damages were awarded. European Convention on Human Rights 7 [ Bailii ] - [ Bailii ] Â Kugathas -v- Secretary of State for the Home Department [2003] EWCA Civ 31; [2003] INLR 170; [2003] All ER (D) 144 21 Jan 2003 CA Sedley LJ, Arden LJ Immigration, Crime, Human Rights Sedley LJ considered the circumstances where the Secretary of state should take into account the defendant's article 8 human rights when considering deportation after serving a sentence of imprisonment: "Generally, the protection of family life under Article 8 involves cohabiting dependants, such as parents and their dependant minor children. Whether it extends to other relationships depends on the circumstances of the particular case. Relationships between adults, a mother and her 33 year old son in the present case, would not necessarily acquire the protection of Article 8 of the Convention without evidence of further elements of dependency, involving more than the normal emotional ties." Arden LJ said: "There is no presumption that a person has a family life, even with the members of a person's immediate family. The court has to scrutinise the relevant factors. Such factors include identifying who are the near relatives of the appellant, the nature of the links between them and the appellant, the age of the appellant, where and with whom he has resided in the past, and the forms of contact he has maintained with the other members of the family with whom he claims to have a family life. because there is no presumption of family life, in my judgment a family life is not established between an adult child and his surviving parent or other siblings unless something more exists than normal emotional ties: See S v United Kingdom (1984) 40DR 196 and Abdulaziz, Cabales and Balkandali v the United Kingdom [1985] 7 EHRR 471. Such ties might exist if the appellant were dependant on his family or visa versa." European Convention on Human Rights 8 1 Citers [ Bailii ] Â Carl Wade August -v- The United Kingdom 36505/02; [2003] ECHR 705 21 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Polovka -v- Slovakia 41783/98; [2003] ECHR 35; [2003] ECHR 35 21 Jan 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) The claimant alleged infringement of his right to a trial of his case within a reasonable time. Proceedings had begun in 1993, and remained undecided until 2000. The respondent settled the claim and it was struck from the list. [ Bailii ] - [ Bailii ] Â Richen Et Gaucher -c- France 31520/96; [2003] ECHR 40 23 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Papazafiris -c- Grece 55753/00; [2003] ECHR 39; [2003] ECHR 39 23 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Richen And Gaucher -v- France 31520/96;34359/97; [2003] ECHR 40 23 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Kennedy and Other Ruling [2003] UKIPTrib 01_62 23 Jan 2003 IPT Police, Human Rights [ Bailii ] Â Kienast -v- Austria 23379/94; [2003] ECHR 38; [2003] ECHR 38 23 Jan 2003 ECHR Human Rights, Registered Land Hudoc No violation of Art. 6-1 ; No violation of P1-1 ; No violation of Art. 13 The applicant complained that the unification of two parcels of land occupied by him, and registered in the Austrian land registry, and without his consent, infringed his property and human rights. The procedure did not require his consent. He complained that the unification would prevent him being able to sell the land as two plots. Held: No infringement had occurred. He had not been deprived of any ownership of land, and there was no dispute resolved unfairly. He had not been deprived of any possessions. European Convention on Human Rights 6.1 13 [ Bailii ] - [ Bailii ] Â Kennedy - Short Summary of The Ruling [2003] UKIPTrib 01_62_77 23 Jan 2003 IPT Police, Human Rights [ Bailii ] Â IN THE MATTER OF APPLICATIONS Nos. IPT/01/62 and IPT/01/77 IPT/01/77; IPT/01/62 23 Jan 2003 IPT Information, Human Rights Rule 9(6) was ultra vires section 69 of RIPA as being incompatible with article 6 of the Convention but that "in all other respects the Rules are valid and binding on the Tribunal and are compatible with articles 6, 8 and 10 of the Convention". Investigatory Powers Tribunal Rules 2000 (SI 2000/2665) 1 Citers [ IPT ] Â Holder -v- Law Society Times, 29 January 2003; Gazette, 20 March 2003; [2003] EWCA Civ 39; [2003] 1 WLR 1059 24 Jan 2003 CA Carnwath, LJ, Sir Christopher Staughton Legal Professions, Human Rights The Society had intervened in the applicant's legal practice. He complained that the intervention was disproportionate, and by removing his right to enjoyment of his possession, infringed his human rights. The Society appealed the finding that an infringement had occurred. Held: The jurisdiction granted by the Act was a draconian jurisdiction. That was necessary for the protection of the public. The judge was wrong to consider that an intervention raised any such Human Rights issue. Nor was there any alternative procedure available to the Society by was of a receivership. The legislator was allowed a margin of appreciation in establishing a scheme of supervision. The procedure was necessary and struck a fair balance European Convention on Human Rights - Solicitors Act 1974 1 Cites 1 Citers Â Â Regina (ZL and VL) -v- Secretary of State for the Home Department and Lord Chancellor's Department; CA 24-Jan-2003 - [2003] 1 WLR 1230; Times, 30 January 2003; [2003] EWCA Civ 25; Gazette, 20 March 2003; [2003] 1 All ER 1062; [2003] Imm AR 330; [2003] INLR 224 Â Â Peck -v- The United Kingdom; ECHR 28-Jan-2003 - Times, 03 February 2003; 44647/98; (2003) 36 EHRR 41; [2003] ECHR 44; [2003] 36 EHRR 719; [2011] ECHR 1661 Â Molles -c- France 43627/98; [2003] ECHR 43; [2003] ECHR 43 28 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Demirel -c- Turquie 39324/98; [2003] ECHR 42 28 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Figueiredo Simoes -c- Portugal 51806/99; [2003] ECHR 50; [2003] ECHR 50 30 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nikolov -v- Bulgaria 38884/97; [2003] ECHR 54; [2003] ECHR 54 30 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 in that the applicant was not brought before a judge or other officer exercising judicial power ; No violation of Art. 5-1 in respect of the initial period of detention ; Violation of Art. 5-3 in respect of the length and lack of justification for the detention pending trial ; Violation of Art. 5-1 in respect of the delay in release ; Violation of Art. 5-4 in that the applicant [ Bailii ] - [ Bailii ] Â Vitaliotou -c- Grece 62530/00; [2003] ECHR 56; [2003] ECHR 56 30 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â N.K. -c- Turquie 43818/98; [2003] ECHR 53; [2003] ECHR 53 30 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ratnam, Regina (on the Application Of) -v- Secretary of State for the Home Department [2003] EWHC 398 (Admin) 30 Jan 2003 Admn Immigration, Human Rights 1 Citers [ Bailii ] Â Dautel -c- Belgique 50855/99; [2003] ECHR 49; [2003] ECHR 49 30 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â GÃ–Kce Et Autres -c- Belgique 50624/99; [2003] ECHR 51; [2003] ECHR 51 30 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cordova -c- Italie (NÂ° 2) 45649/99; [2003] ECHR 48; [2003] ECHR 48 30 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cordova -c- Italie (NÂ° 1) 40877/98; [2003] ECHR 47; [2003] ECHR 47; [2011] ECHR 625 30 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Â In re Kanaris (application for a writ of Habeas Corpus) (on appeal from the Administrative Court of the Queen's Bench Division of Her Majesty's High Court of Justice); HL 30-Jan-2003 - Times, 31 January 2003; [2003] UKHL 2; [2003] 1 WLR 443 Â Â Regina -v- H (On appeal from the Court of Appeal (Criminal Division)); HL 30-Jan-2003 - Times, 31 January 2003; [2003] UKHL 1; [2003] 1 WLR 411; [2003] 2 Cr App R 2; (2003) 167 JPN 155; [2003] 1 All ER 497; (2003) 71 BMLR 146; [2003] HRLR 19; (2003) 167 JP 125 Â Candela -c- Italie 35997/97; [2003] ECHR 46; [2003] ECHR 46 30 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ahmet Acar -c- Turquie 26546/95; [2003] ECHR 45 30 Jan 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kubiszyn -v- Poland 37437/97; [2003] ECHR 52; 37437/97; [2003] ECHR 52 30 Jan 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Crompton T/A David Crompton Haulage -v- Department of Transport North Western Area Times, 07 February 2003; [2003] EWCA Civ 64; Times, 07 February 2003 31 Jan 2003 CA Lord Justice Kennedy, Lord Justice Mantell, Lord Justice Mance Licensing, Transport, Human Rights The claimant challenged the revocation of his operator's licence. At an earlier tribunal hearing concerning his licence, he had behaved in a loutish manner, and the revocation was based on that behaviour. Held: The operator's licence is a possession within art 1 of the Convention. The Act did not define what was considered to be 'of good repute'. It was necessary to keep in proportion the loss of the licence, and the seriousness of the lost element of reputation. The tribunal had failed to keep that balance and the tribunal's order was revoked. Goods Vehicles (Licensing of Operators) Act 1995 27(1) - European Convention on Human Rights 1 Citers [ Bailii ] Â Neil Wood -v- Secretary of State for Work and Pensions Times, 11 February 2003; [2003] EWCA Civ 53 31 Jan 2003 CA Lord Justice Dyson Lord Justice Rix Lady Justice Arden Benefits, Human Rights The appellant suffered cerebral palsy. Following a review, he was awarded mobility allowance, and then later the mobility component of Disability Living Allowance for life. He applied for the care element also. The respondent refused the care allowance, but also then superseded and cancelled the mobility element. Held: There had to be a change in his circumstances first as to his mobility, to allow any decision to supersede the earlier one. The question arose as to how an appeal against a decision of the respondent was to fit within the statutory scheme. No consistent meaning can be given to the word "superseding" throughout the relevant provisions of the Act and its regulations. "a decision superseding" in section 12(9) means no more than a "decision taken pursuant to the power to supersede" The court preferred to regard "a decision superseding" as an error for "a decision taken pursuant to the power to supersede". Social Security Act 1998 10 12 1 Cites [ Bailii ] Â Van Der Ven -v- The Netherlands 50901/99; [2003] ECHR 62; (2004) 38 EHRR 46; [2009] ECHR 2243 4 Feb 2003 ECHR Human Rights, Prisons The applicant's complaint was that the detention regime to which he was subjected in a maximum security prison, including the use of intrusive strip searches, constituted inhuman and/or degrading treatment and infringed his right to respect for his private and family life. Held: the routine strip searches to which he was subjected together with other security measures amounted to inhuman or degrading treatment in violation of article 3. However detention in a high security prison facility could not be said in itself to raise an issue under the article. The removal from association with other prisoners for security, disciplinary or protective reasons did not in itself amount to inhuman or degrading treatment or punishment. The court does have to examine the effect of the regime on the person concerned. A state must: "ensure that a person is detained in conditions which are compatible with respect for his human dignity, that the manner and method of the execution of the measure do not subject him to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention and that, given the practical demands of imprisonment, his health and well-being are adequately secured". Complete sensory isolation, coupled with total social isolation, can destroy the personality and constitutes a form of inhuman treatment which cannot be justified by the requirements of security or any other reason. But the removal from social association with other prisoners for (eg.) security or protection reasons does not of itself amount to inhuman or degrading treatment. 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Wilkinson -v- S and Lord Chancellor's Department Times, 07 February 2003; [2003] EWCA Civ 95; [2003] 1 WLR 1254 4 Feb 2003 CA Woolf LCJ, Hale, Latham LJJ Contempt of Court, Human Rights, Litigation Practice The appellant challenged his imprisonment for contempt of court. At and after a family court hearing he had verbally and physically assaulted other parties. He had been detained overnight, then sentenced to six months imprisonment. Held: Where a court looked to deal summarily with a contempt, and the defendant had been locked up, but the case could not be dealt with on that day, the case should be mentioned again to allow consideration of bail. The court had a power hold a defendant overnight, but for no longer than was necessary to arrange a summary trial, and in fairness to th defendant. Here, the summary procedure was appropriate because of the seriousness of the contempt. The judge could deal with the case himself and remain an impartial tribunal, since the procedure was to protect the court not the judge. Where there was any delay, reference to another judge should be considered. A suspended committal order was a committal order at least to the extent that leave to appeal is not required. 1 Cites 1 Citers [ Bailii ] Â Jones -v- University of Warwick Times, 07 February 2003; [2003] EWCA Civ 151; Gazette, 20 March 2003; [2003] 1 WLR 954 4 Feb 2003 CA Woolf LCJ, Hale, Latham LJJ Litigation Practice, Evidence, Civil Procedure Rules, Human Rights The claimant appealed a decision to admit in evidence a tape recording, taken by an enquiry agent of the defendant who had entered her house unlawfully. Held: The situation asked judges to reconcile the irreconcilable. Courts should be reluctant to create rules which would deny the admission of genuine evidence. Where a party behaved in a reprehensible manner, the court should look to other methods of marking the unlawful behaviour, including costs awards, but the court was required to get to the truth. A party’s behaviour in the conduct of litigation, although very blameworthy, may not result in the claim or defence being struck out, or even in evidence being excluded. Any infringement under article 8.1 was justified under article 8.2. Civil Procedure Rules 32.1(2) - European Convention on Human Rights 8.1 8.2 1 Cites 1 Citers [ Bailii ] Â Regina (Mudie and Another) -v- Dover Magistrates' Court and Another Times, 07 February 2003; [2003] EWCA Civ 237 4 Feb 2003 CA Phillips of Worth Matravers, MR, Brooke, Laws LJJ Customs and Excise, Magistrates, Legal Aid, Human Rights The applicants wished to challenge the confiscation of their goods by the Commissioners of Customs and Excise on their return to Dover. They appealed the refusal of Legal Aid. Held: The Convention guaranteed the right to legal assistance for someone charged with a criminal offence and who could not afford representation, but these condemnation proceedings were civil not criminal. The claimants argued that a finding against them involved a finding of reprehensible behaviour (Engel), but this mistook the court's function which was to decide whether the goods were liable to seizure. Access to Justice Act 1999 12(2) - Customs and Excise Management Act 1979 Sch 3 para 6 - European Convention on Human Rights 6 1 Cites 1 Citers [ Bailii ] Â Benhaim -c- France 58600/00; [2003] ECHR 57; [2003] ECHR 57 4 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Epoux Goletto -c- France 54596/00; [2003] ECHR 58; [2003] ECHR 58 4 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Perhirin -c- France 60545/00; [2003] ECHR 60; [2003] ECHR 60 4 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Raitiere -c- France 51066/99; [2003] ECHR 61; [2003] ECHR 61 4 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lorse and Others -v- The Netherlands 52750/99; [2003] ECHR 59; [2003] ECHR 59 4 Feb 2003 ECHR Human Rights, Prisons Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 with regard to the first applicant ; No violation of Art. 3 with regard to the other applicants ; No violation of Art. 8 ; No violation of Art. 13 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings The applicants alleged that the detention regime to which the first applicant was subjected in a maximum security prison constituted inhuman and/or degrading treatment and infringed their right to respect for their private and family life, and that they did not have an effective remedy in respect of their complaint of inhuman treatment. He was serving a term of fifteen years, and the prison authorities had concluded that he might use violence to try to escape. He complained that the conditions had caused his mental deterioration. His family complained that the additional lack of contact also damaged them. Held: The prohibition against degrading treatment is absolute, but a regime must be seen as against its effect on a particular complainant. Weekly strip searches were unnecessary and damaging and infringed the applicant's article 3 rights. The extra inspections and limits on contact with his family were capable of being an infringement of his right to family life. The authorities were entitled to consider that an escape by Mr Lorsé would have posed a serious risk to society. The restrictions of the applicants’ right to respect for their private and family life did not go beyond what was necessary in a democratic society to attain the legitimate aims intended. The applicant's situation was reviewed regularly, and various appeals had been heard. There was no violation of Article 13 of the Convention. European Convention on Human Rights 3 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Jakupovic -v- Austria 36757/97; [2003] ECHR 67; [2003] ECHR 67 6 Feb 2003 ECHR G. Ress, President, I. Cabral Barreto, L. Caflisch, P. Kuris, H.S. Greve, K. Traja, E. Steiner, JJ Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - domestic proceedings ; Costs and expenses award - Convention proceedings The complainant had come to live in Austria and his family were there. After convictions for burglary and other offences of violence, he was ordered to leave Austria at the age of 16 for 10 years. He complained that this infringed his right to family life. The Austrian state argued that it was a proportionate response to the complainant's criminaility and necessary in a democratic society. Held: Given the complainant's age, and the possible return to an unstable society which would follow, the response was disproportionate (majority opinion). European Convention on Human Rights 23 [ Bailii ] - [ Bailii ] Â Georgios Papadopoulos -v- Greece 52464/99; [2003] ECHR 64; [2003] ECHR 64 6 Feb 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Atca and Others -v- Turkey 41316/98; [2003] ECHR 63; 41316/98; [2003] ECHR 63 6 Feb 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Inadmissible under Art. 6-3-c ; Violation of Art. 6-1 concerning independance and impartiality ; Not necessary to examine Art. 6-1 concerning the other complaints ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Mamatkulov and Abdurasulovic -v- Turkey Times, 13 March 2003; (2003) 14 BHRC 149; 46827/99; [2003] ECHR 68; 46951/99 6 Feb 2003 ECHR Human Rights, Extradition A retrospective complaint of extradition to Uzbekistan was made. The applicants sought to resist their extradition from Turkey to Uzbekistan, saying they would be tortured. Held: Convention states must comply with orders made by the European Court of Human Rights. Turkey had failed to comply with interim measures ordered and was in breach of its duties under art 34. It was not established that the applicants had been denied a fair trial, and accordingly no issue was held to arise under article 6(1) of the Convention. European Convention on Human Rights 34 1 Citers [ Bailii ] Â Ozdemir -c- Turquie 59659/00; [2003] ECHR 69 6 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Zeynep Avci -c- Turquie 37021/97; [2003] ECHR 70; [2003] ECHR 70 6 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gramiccia -v- Italy 57636/00; [2003] ECHR 65; [2003] ECHR 65 6 Feb 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Hesse-Anger -c- Allemagne 45835/99; [2003] ECHR 66 6 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Hesse ANGER v. GERMANY - 45835/99; [2003] ECHR 66 6 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Â Dudley -v- Her Majesty's Advocate; HCJ 7-Feb-2003 - [2003] ScotHC 5 Â Regina (M) -v- Inner London Crown Court Times, 27 February 2003; [2003] EWHC 301 (Admin); [2003] 1 FLR 994 10 Feb 2003 QBD Rose LJ, Henriques J Criminal Sentencing, Human Rights, Education, Crime 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 order in this case. European Convention on Human Rights 8 1 Citers [ Bailii ] Â Bukowski -v- Poland 38665/97; [2003] ECHR 72; 38665/97; [2003] ECHR 72 11 Feb 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Â Regina (Sim) -v- Secretary of State for the Home Department; Admn 11-Feb-2003 - Times, 21 February 2003; Gazette, 03 April 2003; [2003] EWHC 152 (Admin); [2003] 2 WLR 1374; [2004] QB 1288 Â Tarbasanu -c- Roumanie 32269/96; [2003] ECHR 79; [2003] ECHR 79 11 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Clark (Procurator Fiscal, Kirkcaldy) -v- Kelly Times, 12 February 2003; [2003] UKPC 14; Gazette, 01 May 2003; [2003] UKPC D1; [2003] UKHRR 1167; [2003] 1 All ER 1106; [2003] 2 WLR 1586; 2003 SCCR 194; 2003 GWD 7-164; [2003] HRLR 17; 2003 SC (PC) 77; [2004] 1 AC 681; 14 BHRC 369; 2003 SLT 308 11 Feb 2003 PC Bingham of Cornhill, Hoffmann, Hope of Craighead, Hutton, Rodger of Earsferry LL Scotland, Human Rights, Crime, Magistrates PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence. Held: The legal adviser was not subject to the same system of appointments as the justices. However the system provided for a right of appeal (section 175) on questions of law, which would cover the role played by the adviser, and also the wider power under section 193 would allow general redress, in circumstances involving a possible miscarriage of justice. The adviser should make known to the parties, the legal advice he had given in private, and opportunity for comment allowed. Scotland Act 1998 Sch 6 33 - Criminal Procedure (Scotland) Act 1995 175 193 - European Convention on Human Rights ^.1 1 Cites 1 Citers [ PC ] - [ Bailii ] - [ PC ] Â Y -v- Norway 56568/00; [2003] ECHR 80; (2005) 41 EHRR 7 11 Feb 2003 ECHR Human Rights The applicant was acquitted by the Norwegian High Court of serious criminal charges, but the same court then went on to make an order for him to pay compensation to the victim's relatives on the ground that it was clearly probable that he had committed the offences with which he had been charged. Held: The compensation proceedings were classified as civil under Norwegian domestic law, and notwithstanding that the compensation claim was based on the same evidence and involved the same constitutive elements as the criminal offence, it could not properly be said to render the defendant "charged with a criminal offence". Ther court had been mindful of the acquittal, but: ", in seeking to protect the legitimate interests of the purported victim, the Court considers that the language employed by the High Court, upheld by the Supreme Court, overstepped the bounds of the civil forum, thereby casting doubt on the correctness of that acquittal. Accordingly, there was a sufficient link to the earlier criminal proceedings which was incompatible with the presumption of innocence." European Convention on Human Rights 6(2) 1 Citers [ Bailii ] - [ Bailii ] Â Ringvold -v- Norway 34964/97; [2003] ECHR 77 11 Feb 2003 ECHR Human Rights The applicant had been tried for alleged sexual abuse of a minor, G, who in turn claimed civil compensation. He was acquitted and the claim for compensation dismissed. G appealed to the Supreme Court against the failure to award compensation. The Supreme Court heard fresh evidence but also had regard to the evidence given in the criminal proceedings, and made the compensation order sought. Held: The compensation claim did not amount to the "bringing of another 'criminal charge'. It observed, however, that had the national decision on compensation contained a statement imputing criminal liability to the applicant this would have raised an issue falling "within the ambit" of article 6(2). It is legitimate for a victim to bring a civil claim for compensation in proceedings that apply a lesser burden of proof to the issue of whether the defendant committed the acts that had formed the basis of the criminal charge on which he was acquitted. European Convention on Human Rights 6(2) 1 Citers [ Bailii ] - [ Bailii ] Â Hammern -v- Norway 30287/96; [2003] ECHR 75; [2011] ECHR 2150 11 Feb 2003 ECHR Human Rights The claimant was acquitted by a jury at trial and he then sought compensation for the period of his detention on remand. The test applied was whether "it is shown to be probable that he did not perform the act that formed the basis for the charge". Held: Article 6(2) was applicable and there was a violation of it. The compensation proceedings did not give rise to a "criminal charge" against the applicant, but went on to hold that the linkage between the compensation proceedings and the criminal proceedings had the consequence of bringing the former "within the scope" of article 6(2). At para 44 the Court held that it was significant that the proceedings engaged the responsibility of the state, not a private party. Article 6(2) applied: "Moreover, unlike in criminal proceedings – where it was for the prosecution to prove beyond reasonable doubt that the defendant had committed the incriminated act - in a compensation case of the present kind it was for the acquitted person to show that, on the balance of probabilities, it was more than 50% probable that he or she did not carry out the act grounding the charge. Leaving aside this difference in evidentiary standards, the latter issue overlapped to a very large extent with that decided in the applicant's criminal trial. It was determined on the basis of evidence from that trial by the same court, sitting largely in the same formation, in accordance with the requirements of article 447 of the Code. Thus, the compensation claim not only followed the criminal proceedings in time, but was also tied to those proceedings in legislation and practice, with regard to both jurisdiction and subject-matter. Its object was, put simply, to establish whether the state should have a financial obligation to compensate the burden it had created for the acquitted person by the prosecution it had engaged against him. Although the applicant was not 'charged with a criminal offence', the Court considers that, in the circumstances, the conditions for obtaining compensation were linked to the issue of criminal responsibility in such a manner as to bring the proceedings within the scope of article 6(2), which accordingly is applicable." European Convention on Human Rights 6(2) 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â State Et Autres -c- Roumanie 31680/96; [2003] ECHR 78; [2003] ECHR 78 11 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Grigore -c- Roumanie 31736/96; [2003] ECHR 74; [2003] ECHR 74 11 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bufferne -c- France 54367/00; [2003] ECHR 71; [2003] ECHR 71 11 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bukowski -v- Poland 38665/97 11 Feb 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Â Fuchs -v- Poland; ECHR 11-Feb-2003 - 33870/96; [2003] ECHR 73 Â O -v- Norway 29327/95; [2003] ECHR 76; [2003] ECHR 76 11 Feb 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-2 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Where there has been an acquittal on the merits of the accusation and the state is not permitted to give effect to its suspicions of the defendant's guilt. 1 Citers [ Bailii ] - [ Bailii ] Â Bertuzzi -v- France 36378/97; [2003] ECHR 81; [2003] ECHR 81 13 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cetin And Others -v- Turkey 40153/98; [2003] ECHR 82 13 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Regina (W) -v- Doncaster Metropolitan Borough Council Times, 12 March 2003; [2003] EWHC 192 (Admin ) 13 Feb 2003 QBD Stanley Burton J Torts - Other, Human Rights, Health The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release. Held: False imprisonment is established on proof of imprisonment without lawful authority. An authority might commit both the tort of false imprisonment and infringe a patient's human rights, but not all infringements of a patient's article 5 rights would involve a breach of domestic law. It was not therefore possible to equate an infringement of article 5 with a domestic tort, and the section did not apply. The Mental Health Act should be read down so as not to protect authorities against breaches of the convention. Mental Health Act 1983 139(1) - European Convention on Human Rights 5 8 1 Cites 1 Citers [ Bailii ] Â K B and Others, Regina (on the Application of) -v- Mental Health Review Tribunal and Another Times, 05 March 2003; [2003] EWHC 193 (Admin); Gazette, 10 April 2003; [2004] QB 936; [2003] 3 WLR 185 13 Feb 2003 Admn Mr Justice Stanley Burnton Health, Damages, Human Rights The claimants were entitled to damages for their detention as mental patients, where this had been found to be wrongful as an infringement of their human rights. The court considered the appropriate level of damages. Held: There was no clear guidance in existence on the proper level of damages. An English court should be no lower than would be awarded for a comparable tort, an in line with general awards in this jurisdiction. It was wrong to compare such a detention with wrongful imprisonment since that would often be accompanied by feelings of humiliation and otherwise arising from the deliberately wrongful intention of the act in question. The court should compensate the injured party for his injury. It should not be lower because it was an human rights award. Even for mentally ill claimants not every feeling of distress would give rise to an award. 1 Citers [ Bailii ] Â Louerat -c- France 44964/98; [2003] ECHR 85; [2003] ECHR 85 13 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Erkanli -c- Turquie 37721/97; [2003] ECHR 84; [2003] ECHR 84 13 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Chevrol -v- France 49636/99; [2003] ECHR 83; [2003] ECHR 83 13 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Refah Partisi (The Welfare Party) and Others -v- Turkey 41342/98; 41340/98; (2003) 37 EHRR I 13 Feb 2003 ECHR Human Rights Hudoc No violation of Art. 11 ; Not necessary to examine under Arts. 9, 10, 14, 17 and 18 41340/98 ; 41342/98 ; 41343/98 ; 41344/98 "…..the expression 'prescribed by law' requires first that the impugned measure should have a basis in domestic law. It also refers to the quality of the law in question, requiring that it be accessible to the persons concerned and formulated with sufficient precision to enable them – if need be with appropriate advice – to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail. Experience shows, however, that it is impossible to attain absolute precision in the framing of laws, particularly in fields in which the situation changes according to the evolving views of society. A law which confers a discretion is not in itself inconsistent with this requirement, provided that the scope of the discretion and the manner of its exercise are indicated with sufficient clarity, having regard to the legitimate aim in question, to give the individual adequate protection against arbitrary interference. The court also accepts that the level of precision required by domestic legislation – which cannot in any case provide for every eventuality – depends to a considerable degree on the content of the instrument in question, the field it is designed to cover and the status of those to whom it is addressed." European Convention on Human Rigts 10 1 Cites 1 Citers Â Â Runa Begum -v- London Borough of Tower Hamlets (First Secretary of State intervening); HL 13-Feb-2003 - [2003] UKHL 5; [2003] 1 All ER 739; Gazette, 03 April 2003; [2003] 2 WLR 388; [2003] 2 AC 430; [2003] ACD 41; [2003] NPC 21; [2003] HRLR 16; [2003] HLR 32; [2003] UKHRR 419; [2003] BLGR 205; 14 BHRC 400; [2003] Hous LR 20 Â Cetin And Others -v- Turkey 40153/98;40160/98; [2003] ECHR 82 13 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Â Matthews -v- Ministry of Defence; HL 13-Feb-2003 - Times, 14 February 2003; [2003] UKHL 4; [2003] 2 WLR 435; Gazette, 03 April 2003; [2003] 1 AC 1163; 14 BHRC 585; [2003] PIQR P24; [2003] UKHRR 453; [2003] ACD 42; [2003] ICR 247; [2003] 1 All ER 689; [2004] HRLR 2 Â Odievre -v- France 42326/98; [2003] ECHR 86; [2003] ECHR 86 13 Feb 2003 ECHR Human Rights Hudoc Preliminary objection rejected (non-exhaustion) ; No violation of Art. 8 ; No violation of Art. 14+8 [ Bailii ] - [ Bailii ] Â Refah Partisi (The Welfare Party) And Others -v- Turkey 41340/98;41342/98;41343/98;...; [2003] ECHR 87 13 Feb 2003 ECHR Human Rights European Convention on Human Rights 1 Cites [ Worldlii ] - [ Bailii ] Â Cream Holdings Limited & others -v- Banerjee & The Liverpool Daily Post & Echo Limited [2003] EWCA Civ 103; Gazette, 17 April 2003; [2003] Ch 650; [2003] 3 WLR 999 13 Feb 2003 CA Lord Justice Sedley Lord Justice Simon Brown Lady Justice Arden Human Rights, Media The defendants considered publication of alleged financial irregularities by the claimant, who sought to restrain publication. The defendants argued that under the Act, prior restraint should not be used unless a later court would be likely to restrict publication. The court below held the test is not that of the balance of probabilities but rather that of a real prospect of success, convincingly established. Held: The judge's test was correct, and in this case, the claimant's had successfully met that test. The test is that of a "a real prospect of success, convincingly established" for the claimant at trial, and "… the judge will have to be satisfied that there is no obvious reason why the claim should not succeed" Human Rights Act 1998 12(3) 1 Cites 1 Citers [ Bailii ] Â Prado Bugallo -c- Espagne 58496/00; [2003] ECHR 88; [2003] ECHR 88 18 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Schaal -c- Luxembourg 51773/99; [2003] ECHR 89; [2003] ECHR 89 18 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â AB X and Y, Regina (on the Application of) -v- East Sussex County Council and Another [2003] EWHC 167 (Admin) 18 Feb 2003 Admn Munby J Local Government, Benefits, Human Rights The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to essential economic and social activities and to an appropriate range of recreational and cultural activities. National Assistance Act 1948 29 - Chronically Sick and Disabled Persons Act 1970 2 - National Health Service and Community Care Act 1990 47 - European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] Â Â Re S (A Child) (Identification: Restrictions on Publication); FD 19-Feb-2003 - [2003] EWHC 254 (Fam) Â Regina (Q) -v- Secretary of State for the Home Department; Regina (D) -v- Same; Regina (J) -v- Same etc Times, 20 February 2003; [2003] EWHC 195 (Admin); Gazette, 19 April 2003; [2003] 3 WLR 365 19 Feb 2003 Admn Collins J Immigration, Human Rights The several applicants challenged the implementation of the section, which required an asylum seeker to make his application at the very first opportunity on arriving in the UK, and denied all benefit and support to those who did not do so. A form was completed by the officer, and followed strictly. They complained that the scheme had been introduced in a way which was unfair, and that it was unfair in not allowing any appeal. Held: The system did not allow the collection of full information about the circumstances of the arrival, and did not give to the applicant a chance to respond to any doubts raised by the answers. The system provided no proper appeal, and the readiness of the respondent to listen to any further information was not a sufficient response. Nationality, Immigration and Asylum Act 2002 55 1 Cites 1 Citers [ Bailii ] Â Marques Nunes -c- Portugal 52412/99; [2003] ECHR 96; [2003] ECHR 96 20 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â G G -v- Italy 42414/98; [2003] ECHR 93; [2003] ECHR 93 20 Feb 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Kind -c- Allemagne 44324/98; [2003] ECHR 95; [2003] ECHR 95 20 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Hutchison Reid -v- The United Kingdom Times, 26 February 2003; [2003] ECHR 94; 50272/99; (2003) 37 EHRR 211; [2003] ECHR 94 20 Feb 2003 ECHR Human Rights, Criminal Practice, Human Rights, Health The applicant had been detained over many years after committing offences of a sexual and violent nature. After one release he reoffended and was re-detained after completing his sentence. He challenged the basis of his continued detention. Held: The system of review by a sherriff's court was sufficient to provide an independent court, and the detention was lawful. However the sherrif had placed upon him the burden of proving that he was no longer a danger to be freed, and despite practical safeguards which would assist him, that burden was unfair where it could make a difference to the outcome of his application for release. The burden lay on the person seeking to justify the detention. Also the delay in concluding the cases infringed his right to a speedy trial. European Convention on Human Rights 5.4 5.1 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Forrer-Niedenthal -c- Allemagne 47316/99; [2003] ECHR 92 20 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Bologna -c- Italie 53231/99; [2003] ECHR 90; [2003] ECHR 90 20 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina -v- Kay Jason Martin [2003] 2 Cr App R 322; [2003] EWCA Crim 357 20 Feb 2003 CACD Lord Justice Potter The Honourable Mr Justice Mackay Crime, Human Rights The defendant had been found unfit to plead on a charge of murder. Charges against the co-defendants were later reduced to inflicting grievous bodily harm, but when the defendant came to be dealt with, it was on the basis that the charge remained murder. The sole evidence against him was from a witness whose evidence was read because of his fear. He challenged the fairness of a trial in which the substantial evidence against him was not tested under cross examination. Held: It could not be a rule of law that a witness's evidence could not be read, where he was the only witness against the defendant. This would make the section of the 1988 Act otiose. A decision made by jury under a section 4A hearing was as to the actus reus only, and not as to intent. Here, however, the question was as to the defendant's knowledge that another might commit a crime. Antoine says that a court should look to the physical acts of the defendant, and bear in mind the social purpose of the legislation. It must be recognised that the distinction is not always clear. The admission of evidence need not always be unfair, but in these circumstances the inability to tst the central witness in the case was fundamental. The witness may have had reasons not to tell the truth. European Convention on Human Rights - Criminal Justice Act 1988 23 - Criminal Procedure (Insanity) Act 1964 4A - European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] Â Regina -v- M (Witness Statement) Times, 02 May 2003 20 Feb 2003 CACD Potter LJ, Mackay, Mellor JJ Evidence, Human Rights The defendant appealed his conviction for murder. The principal witness' statement had been allowed to be read to the jury after the witness had claimed to be afraid of giving evidence. Held: There was no general principle which would operate against admitting evidence in this way. Luca did not establish a rule to which there would be no exceptions. Such a result would make the sections unusable and only encourage criminals to frighten witnesses. In this case the judge's discretion was not supportable because of the defendant's own disability, and the witness had potential flaws. Criminal Justice Act 1988 823(3) - European Convention on Human Rights 6.3(d) 1 Cites Â Hutchison Reid -v- The United Kingdom Times, 26 February 2003; [2003] ECHR 94; 50272/99; (2003) 37 EHRR 211; [2003] ECHR 94 20 Feb 2003 ECHR Human Rights, Criminal Practice, Human Rights, Health The applicant had been detained over many years after committing offences of a sexual and violent nature. After one release he reoffended and was re-detained after completing his sentence. He challenged the basis of his continued detention. Held: The system of review by a sherriff's court was sufficient to provide an independent court, and the detention was lawful. However the sherrif had placed upon him the burden of proving that he was no longer a danger to be freed, and despite practical safeguards which would assist him, that burden was unfair where it could make a difference to the outcome of his application for release. The burden lay on the person seeking to justify the detention. Also the delay in concluding the cases infringed his right to a speedy trial. European Convention on Human Rights 5.4 5.1 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Forrer NIEDENTHAL v. GERMANY - 47316/99; [2003] ECHR 92 20 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Savarese -v- Italy 55673/00; [2003] ECHR 98; 55673/00; [2003] ECHR 98 20 Feb 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Djavit An -v- Turkey 20652/92; [2003] ECHR 91; 20652/92; [2003] ECHR 91 20 Feb 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) 1 Citers [ Bailii ] - [ Bailii ] Â Mentis -v- Greece 61351/00; [2003] ECHR 97; 61351/00; [2003] ECHR 97 20 Feb 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Regina (Purja) -v- Ministry of Defence; Regina (Lama) -v- Same Times, 10 March 2003; [2003] EWHC 445 (Admin) 21 Feb 2003 QBD Sullivan J Human Rights, Armed Forces, Discrimination The applicants served as Gurkha soldiers with the army. They claimed that the pensions they received, being substantially less than those paid to other servicemen were discriminatory. Held: The positions of a retired serviceman in England and one in Nepal were so different as to make the attempted comparison invalid. A better comparison was with retired servicemen in India. European Court of Human Rights 14 1 Citers [ Bailii ] Â Gascoyne -v- Commissioners of Customs and Excise Times, 28 March 2003; Gazette, 24 April 2003; [2003] Ch 292 21 Feb 2003 ChD Neuberger J Customs and Excise, Human Rights The applicant challenged the respondent's policy on restoration of vehicles confiscated on being found to be used for commercial smuggling. Vehicles would only be returned exceptionally. The applicant had written to the respondents who considered and refused his request for restoration. He then requested a review under the Finance Act, and appealed the redecision against him to the VAT and Duties Tribunal. Held: The original letter was out of time as a notice of claim which would have required proceedings to be taken for condemnation. Even so, there was no particular time limit for the respondents to begin condemnation proceedings, and therefore the standard six months' limit applied to applications in the Magistrates Court. It was not an abuse for the respondents to utilise the alternate procedure through the High Court which had no such time limit. The policy of not restoring vehicles used for commercial smuggling had been considered obiter in Lindsay, and found not unlawful. The tribunal's decision to treat the hearing as a review of the respondent's decision was a sufficient remedy. Customs and Excise Management Act 1979 3 139 1141 - Finance Act 1979 15 - European Convention on Human Rights - Excise Duties (Personal Reliefs) Order 1992 1 Cites 1 Citers Â Â Grundy & Co Excavations Ltd and Another, Regina (on the Application of) -v- Halton Division Magistrates Court; Admn 24-Feb-2003 - [2003] EWHC 272 (Admin); [2003] 1 PLR 89 Â Sheldrake -v- Director of Public Prosecutions Times, 25 February 2003; [2003] EWHC 273 (Admin); Gazette, 03 April 2003; [2004] QB 487 24 Feb 2003 Admn Lord Justice Clarke Mr Justice Henriques Mr Justice Jack Crime, Human Rights, Road Traffic The defendant challenged the application of the section, under which he was deemed to have intended to drive a vehicle whilst under the influence of alcohol, unless he could prove it was not his intent to drive, saying this infringed his right to a fair trial. Held: The section must be read down to comply with the Convention. The burden to be placed on a defendant was the evidential burden only, and not the legal burden. Once he raised the issue, and pointed to some evidence that there was no likelihood of his driving, the burden of proving there was some real risk of him driving must fall on the prosecution. It was not necessary to impose the legal burden of proof on the defendant. European Convention on Human Rights 6.2 - Road Traffic Act 1988 5(8) 1 Citers [ Bailii ] Â Szava Et Autres -c- Roumanie 32267/96; [2003] ECHR 103; [2003] ECHR 103 25 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Popovat -c- Roumanie 32265/96; [2003] ECHR 101; [2005] ECHR 115; [2003] ECHR 101; [2005] ECHR 115 25 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Appietto -c- France 56927/00; [2003] ECHR 99; [2003] ECHR 99 25 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Roemen And Schmit -v- Luxembourg 51772/99; [2003] ECHR 102; [2003] ECHR 102 25 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Timar -v- Hungary 36186/97; [2003] ECHR 104; 36186/97; [2003] ECHR 104 25 Feb 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Kroenitz -v- Poland 77746/01; [2003] ECHR 100; 77746/01; [2003] ECHR 100 25 Feb 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to first set of proceedings ; Not necessary to examine under P1-1 with regard to first set of proceedings ; Inadmissible under Art. 6-1 and P1-1 with regard to second set of proceedings. [ Bailii ] - [ Bailii ] Â AHE Leeds Teaching Hospitals NHS Trust -v- A, A, YA &, ZA (By Their Litigation Friend, the Official Solicitor), the Human Fertilisation and Embryology Authority B, B [2003] EWHC 259 (QB); Gazette, 01 May 2003; [2003] 1 FLR 1091 26 Feb 2003 QBD The President Family, Health, Human Rights 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 family life was proportionate and necessary. Family Law Act 1986 55A - Human Fertilisation and Embryology Act 1990 28 29 1 Cites 1 Citers [ Bailii ] Â G and M -v- Italy 31740/96; [2003] ECHR 107; [2003] ECHR 107 27 Feb 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (Convention proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Sacker -v- HM Coroner for the County of West Yorkshire [2003] EWCA Civ 217; [2003] Lloyds Med LR 326 27 Feb 2003 CA The Hon Mr Justice Latham Lord Justice Mummery Lord Justice Pill Coroners, Human Rights The court expressed scepticism about the suitability of a coroner's inquest, in its present form, as a vehicle for carrying out a state's obligations under Article 2. Those considerations may accentuate the need for an overdue improvement in the arrangements for inquests European Convention on Human Rights 2 1 Cites 1 Citers [ Bailii ] Â Textile Traders, Limited -c- Portugal 52657/99; [2003] ECHR 109; [2003] ECHR 109 27 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Niederboster -v- Germany 39547/98; [2003] ECHR 108; [2003] ECHR 108 27 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ferreira Alves -c- Portugal 53937/00; [2003] ECHR 106; [2003] ECHR 106 27 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Axen Et Autres -c- Allemagne 54999/00; [2003] ECHR 105; [2003] ECHR 105 27 Feb 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Petition of Gurung (Ramesh) for Judicial Review [2003] ScotCS 49 27 Feb 2003 SCS Lord Clarke Scotland, Immigration, Human Rights The applicant sought asylum having fled from Nepal. The Home Secretary had made an order for his removal. He said that he had been involved in the political opposition as a student and had accordingly suffered attacks by police. [ Bailii ] - [ ScotC ] Â Duggan -v- Governor of Full Sutton Prison and Another Times, 25 March 2003; Gazette, 09 May 2003; [2003] 2 All ER 678 28 Feb 2003 ChD Hart J Prisons, Human Rights On reception into prison, the prison took cash from the claimant which was returned on his release. He claimed that it should have been invested. Held: The credit of the receipt into the books of the prison created only a debt as between the prison and prisoner. No trust was created. What was taken was cash, and cash was returned. He had not been deprived of his property, and there was no rule against him making a request for the money to be paid into an interest bearing account. The right against interruption of the right to peaceful enjoyment had not been infringed. Prison Rules 1999 (1999 No 728) 43(3) - European Convention on Human Rights 1 1 Cites 1 Citers Â Regina (Mambakasa) -v- Secretary of State for the Home Department Gazette, 09 May 2003; [2003] EWHC 319 (Admin) 3 Mar 2003 Admn Immigration, Human Rights The applicant's decision granting him asylum was not communicated to him for six months. Held: The delay, for reasons of errors and confusion, was unlawful, and had caused distress. Nevertheless, it did not amount to an infringement of his article 8 rights. Had it done so, damages of up to £2,000 might have been payable. European Convention on Human Rights 8 Â C.S.Y. -c- Turquie 27214/95; [2003] ECHR 111; [2003] ECHR 111 4 Mar 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Chiriacescu -c- Roumanie 31804/96; [2003] ECHR 112; [2003] ECHR 112 4 Mar 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Molnarova and Kochanova -v- Slovakia 44965/98; [2003] ECHR 114; 44965/98; [2003] ECHR 114 4 Mar 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Jantner -v- Slovakia 39050/97; [2003] ECHR 113; 39050/97; [2003] ECHR 113 4 Mar 2003 ECHR Human Rights Hudoc No violation of P1-1 ; No violation of Art. 14 [ Bailii ] - [ Bailii ] Â Popovici Et Dumitrescu -c- Roumanie 31549/96; [2003] ECHR 115; [2006] ECHR 354; [2006] ECHR 354; [2003] ECHR 116 4 Mar 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â A B -v- Slovakia 41784/98 4 Mar 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to refusal to appoint a lawyer ; No violation of Art. 6-1 with regard to alleged arbitrariness of decision ; Not necessary to examine Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Posokhov -v- Russia 63486/00; [2003] ECHR 116; 63486/00; [2003] ECHR 117 4 Mar 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses - claim rejected [ Bailii ] - [ Bailii ] Â Yasar Kemal GÃ”Kceli -v- Turkey 27215/95 ; 36194/97 4 Mar 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; No violation of Art. 6-2 ; No violation of Art. 7 ; Non-pecuniary damage - finding of violation sufficient (Judgment in French only) Â Stoicescu -c- Roumanie 31551/96; [2003] ECHR 117; [2004] ECHR 432; [2004] ECHR 432; [2003] ECHR 118 4 Mar 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Yasar Kemal GÃ–Kceli -v- Turkey 27215/95;36194/97; [2003] ECHR 119 4 Mar 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Okur Et Goksungur -c- Turquie 37088/97; [2003] ECHR 119; [2003] ECHR 115 4 Mar 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Yasar Kemal Gokceli -v- Turkey 36194/97; 27215/95; [2003] ECHR 118 4 Mar 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; No violation of Art. 6-2 ; No violation of Art. 7 ; Non-pecuniary damage - finding of violation sufficient (Judgement in French Only) [ Bailii ] Â A B -v- Slovakia 41784/98; [2003] ECHR 110; 41784/98; [2003] ECHR 110 4 Mar 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to refusal to appoint a lawyer ; No violation of Art. 6-1 with regard to alleged arbitrariness of decision ; Not necessary to examine Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Jasiuniene -v- Lithuania 41510/98; [2003] ECHR 122; [2003] ECHR 122; [2011] ECHR 2400 6 Mar 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine Art. 13 ; Violation of P1-1 as regards non-execution ; No violation of P1-1 as regards other complaints [ Bailii ] - [ Bailii ] - [ Bailii ] Â Koumoutsea Et Autres -c- Grece 56625/00; [2003] ECHR 123; [2003] ECHR 123 6 Mar 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ferretti -v- Italy 60660/00; [2003] ECHR 120; [2003] ECHR 120 6 Mar 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Ipsilanti -v- Greece 56599/00; [2003] ECHR 121; 56599/00; [2003] ECHR 121 6 Mar 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected [ Bailii ] - [ Bailii ] Â Barnfather -v- London Borough of Islington Education Authority, Secretary of State for Education and Skills [2003] EWHC 418 (Admin); Times, 20 March 2003; [2003] 1 WLR 2318 7 Mar 2003 QBD Mr Justice Elias, The Honourable Mr Justice Mackay Education, Crime, Human Rights The appellant was convicted of the crime of being a parent whose child had failed to attend school regularly. She challenged saying that the offence required no guilty act on her part, but was one of strict liability, and contrary to her human rights. Held: Although the offence is one of strict liability, there is no reversal of the burden of proof. Article 6(2) has no bearing on the reduction or elimination of mens rea requirements, and is therefore compatible with offences of strict or even absolute liability. The section engaged article 6.2 but was compliant. Authorities should however be careful before exercising their discretion to prosecute. Education Act 1996 444(1) - European Convention on Human Rights 6.2 1 Cites 1 Citers [ Bailii ] Â Lesnik -v- Slovakia 35640/97; [2003] ECHR 124; 35640/97; [2003] ECHR 124 11 Mar 2003 ECHR Human Rights [ Bailii ] - [ Bailii ] Â Razaghi -v- Sweden 64599/01; [2005] ECHR 37; [2005] ECHR 37 11 Mar 2003 ECHR Human Rights The applicant resisted expulsion to Iran on a number of grounds arising from his adultery in Iran and his conversion to Christianity. He relied on article 2 and article 1 of the Sixth Protocol, on article 3, on article 6 and on article 9. Held: The complaint under article 3 raised issues which required examination on the merits but rejected the complaint under article 6 on the facts. "As regards the applicant's right to freedom of religion, the Court observes that, in so far as any alleged consequence in Iran of the applicant's conversion to Christianity attains the level of treatment prohibited by Article 3 of the Convention, it is dealt with under that provision. The Court considers that the applicant's expulsion cannot separately engage the Swedish Government's responsibility under Article 9 of the Convention." European Convention on Human Rights 3 6 9 1 Citers [ ECHR ] - [ Bailii ] - [ Bailii ] Â Regina on the Application of Lester -v- The London Rent Assessment Committee [2003] EWCA Civ 319; Times, 25 March 2003 12 Mar 2003 CA Lord Justice Sedley, Lord Justice Waller Lord Justice Tuckey Housing, Human Rights The court faced the question of, whether if a landlord serves a notice on an assured tenant under section 13(2) of the Act proposing an increase in rent, that will be the rent unless, before the beginning of the new period specified in the notice the tenant refers the notice to a rent assessment committee under 13(4). Does the word 'refer' refer to the receipt of a notice, or does it include it having been posted. If not the latter, should the provision be read down under the Human Rights Act 1988. Held: The question is not a true access to justice question since the tenant was not exercising a right until the procedure was implemented. The word had to be given its ordinary meaning unsupported by reference to the Form used. It means here that it must be received by the Rent Assessment Committee. The Form itself should be amended. Housing Act 1988 13(4) - Human Rights Act 1998 3 - Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 (SI 1997 No. 194) 1 Cites [ Bailii ] Â Ocalan -v- Turkey 46221/99; [2003] ECHR 125; (2003) 37 EHRR 10 12 Mar 2003 ECHR Human Rights The applicant had led Kurdish separatists training and leading a gang of armed terrorists. Warrants for his arrest had been taken out in Turkey. He had lived for many years in Syria but then sought political asylum in Greece, Russia and Italy, none of which countries was prepared to allow him to stay. Ultimately, he achieved a temporary refuge in the home of the Greek Ambassador in Nairobi. He was then tricked into believing that arrangements had been made for him to fly to the Netherlands, where he would be given refuge. Instead, when he got to Nairobi airport he was arrested by Turkish officials and put on a plane to Turkey. Held: This took place with the agreement of the Kenyan authorities. In Turkey he was tried, convicted and sentenced to death, a sentence which was subsequently commuted. The issue was whether his arrest by the Turkish authorities at Nairobi airport infringed the applicant's Article 5 rights. Before dealing with the question of jurisdiction the Court considered the principles governing the question of whether the arrest was lawful: "The Court accepts that an arrest made by the authorities of one State on the territory of another State, without the consent of the latter, affects the person's individual rights to security under Article 5 (1)." Bankovic was distinguished: "Directly after he had been handed over by the Kenyan officials to the Turkish officials the applicant was under effective Turkish authority and was therefore brought within the "jurisdiction" of that State for the purposes of Article 1 of the Convention, even though in this instance Turkey exercised its authority outside its territory. The Court considers that the circumstances of the present case are distinguishable from those in the aforementioned Bankovic and Others case, notably in that the applicant was physically forced to return to Turkey by Turkish officials and was subject to their authority and control following his arrest and return to Turkey (see in this respect the aforementioned decisions in the cases of Illich Sanchez Ramirez v France and Freda v Italy)." The Court then considered whether the acts of the Turkish officials were permissible under international law: "The Court must decide in the light of the parties' arguments whether the applicant's detention in Kenya resulted from acts of the Turkish officials that violated Kenyan sovereignty and international law (as the applicant has submitted) or from cooperation between the Turkish and Kenyan authorities (as the Government have submitted)." The Court concluded that the Kenyan authorities had been party to the plan that the Turkish officials should arrest the applicant, which led to the conclusion that his arrest was an exercise of extradition which was not unlawful, so that it did not infringe Article 5. 1 Cites 1 Citers [ Bailii ] - [ ECHR ] - [ ECHR ] - [ Bailii ] Â Prosser -v- The Commissioners of Inland Revenue [2003] UKSC SPC00362; [2003] STC (SCD) 311 12 Mar 2003 SCIT Inheritance Tax, Human Rights INHERITANCE TAX – interest on outstanding tax – whether not due on account of Human Rights points – interest due. Inheritance Tax Act 1984 233(1)(b) 1 Cites 1 Citers [ Bailii ] Â Caroline Lucas -v- The United Kingdom 39013/02; [2003] ECHR 717 18 Mar 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Regina (on the Application of Q & others) -v- Secretary of State for the Home Department Times, 19 March 2003; [2003] EWCA Civ 364; Gazette, 29 May 2003; [2003] 2 All ER 905; [2003] HRLR 21; [2004] QB 36 18 Mar 2003 CA Lord Justice Sedley Lord Justice Clarke Lord Phillips Mr Immigration, Human Rights, Benefits The Home Secretary appealed a ruling that his implementation of section 55 was unlawful, having been said to be incompatible with human rights law. Held: The way in which the section had been operated, by denying consideration and all benefits to any asylum applicant who did not claim asylum immediately upon entry, was unfair. There were several possible reasons which might lead to a claim not being made as soon as reasonably practical. These reasons would be disregarded under the appellant's system. The burden of establishing the promptness of the application lay on the asylum seeker. A decision not to provide support could not become unlawful until it became clear that charitable aid would not be forthcoming, and the applicant would be unable to fend for himself. The threshold for establishing inhuman or degrading treatment by the failure to provide support was a high one. The system failed in not explaining properly to the applicant the nature and purpose of the interview. The case workers were not properly directed as to the tests to apply. Regard had to be given to the applicant's state of mind, and the reasons for not applying immediately should be investigated. The interviewer and decision maker needed to be the same person. The applicants had been treated unfairly, and the Secretary of State's appeal was dismissed. Nationality, Immigration and Asylum Act 2002 55 - European Convention on Human Rights 3 8 1 Cites 1 Citers [ Bailii ] Â Ala -v- Secretary of State for the Home Department [2003] EWHC 521 (Admin) 19 Mar 2003 Admn Immigration, Human Rights [ Bailii ] Â Â Sepet and Bulbil -v- Secretary of State for the Home Department; HL 20-Mar-2003 - [2003] UKHL 15; Times, 21 March 2003; Gazette, 09 May 2003; [2003] 1 WLR 856; [2003] 3 All ER 304; [2003] Imm AR 428; 14 BHRC 238; [2003] INLR 322 Â McDonald -v- Procurator Fiscal, Elgin Times, 17 April 2003 20 Mar 2003 HCJ Marnoch, Macfadyen, Caplan LL Scotland, Crime, Human Rights The defendant had been granted bail subject to conditions including a requirement that he must not leave his house for more than two hours a day. He complained that this infringed his Article 5 right to liberty. Held: The right to freedom was subject to the corollary permitting arrest and detention for good reason. The appellant had repeatedly failed to comply with earlier and less restrictive bail conditions. Article 5 was concerned with physical freedom (Guzzardi). It was difficult to draw a line between deprivation of liberty and restriction of it. A person was not detained unless something, usually physical, was done by an outside agency to ensure that he remained where he had been put. Telling someone to stay where he was put subject to punishment was not normally a detention, and was not in this case. European Convention on Human Rights 1 Cites Â Attorney General's Reference No 4 of 2002 [2003] EWCA Crim 762; Times, 01 April 2003; Gazette, 29 May 2003 21 Mar 2003 CACD Lord Justice Latham The Hon Mr Justice Hunt Mr Justice Hedley Crime, Human Rights The defendant had been tried for an offence under the Act of being a member of a proscribed organisation, and professing membership of Hamas. At trial the crown accepted an evidential burden, that the offence had to be read down to comply with the defendant's article 6.2 rights, and the defendant was acquitted. A reference was made. Held: Under Sheldrake and Lambert, an inroad into the defendant's rights was to be judged according to the gravamen of the offence. The elements of the offence were those set out in the Act. S11(2) merely expressed a limited exception to 11(1), and did not make 11(1) non-compliant. The 11(2) imposed a legal, not evidential, burden on a defendant. Terrorism Act 2000 11(1) - European Convention on Human Rights 6.2 1 Cites 1 Citers [ Bailii ] Â Barnette -v- Government of the United States of America; United States Government -v- Montgomery (No 2) [2003] EWCA Civ 392; Times, 28 March 2003; Gazette, 05 June 2003; [2003] 1 WLR 1916 24 Mar 2003 CA Lord Justice Scott Baker Lord Chief Justice Of England And Wales Lord Justice Kennedy Criminal Practice, Human Rights, Jurisdiction, International The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal having been held in her absence. Held: It could not be said that the registration here of the order would lead to a breach of the applicant's human rights. Any breach of the applicant's human rights in the US was not flagrant. English law itself allowed such a hearing in limited circumstances. The US proceedings were seen as civil. In the interests of comity, the order should be registered. Criminal Justice Act 1988 97 - European Convention on Human Rights 6.1 1 Cites 1 Citers [ Bailii ] Â G and others -v- Local Authority X; Re G (Care: Challenge to Local Authority's Decision) [2003] EWHC 551 (Fam); [2003] 2 FLR 42 24 Mar 2003 FD Munby J Children, Local Government, Human Rights "procedural fairness is something mandated not merely by Article 6, but also by Article 8." European Convention on Human Rights 6 8 1 Citers [ Bailii ] Â AR (Article 8, Mahmood, Private Life) Kosovo CG [2002] UKIAT 07378 24 Mar 2003 IAT Professor D B Casson (Chairman) Immigration, Human Rights Appeal by a citizen of Federal Republic of Yugoslavia, who is from Kosovo and is of Albanian ethnicity, against the determination of an Adjudicator dismissing, following a remitted hearing, his appeal on asylum and human rights grounds against the decision by the respondent on 5 January 2001 to refuse to grant leave to enter the United Kingdom. [ Bailii ] Â Regina -v- Matthews [2003] EWCA Crim 813; Times, 28 April 2003; Gazette, 15 May 2003 25 Mar 2003 CACD Lord Justice Mantell Mr Justice Field His Honour Judge Paget Qc Crime, Human Rights The defendant appealed his conviction for carrying a bladed article in public, on the basis that the Act transferred to him the onus of establishing the statutory defence. Held: There were four steps to be applied in assessing the case. Was the burden an evidential or persuasive? If persuasive, did it impinge of the defendant's rights? If it did, were the provisions compatible? If incompatible could they be read down to require only an evidential burden? Here there was a persuasive burden which did impinge on the defendant's rights, but the good reason for that meant that the provision was not incompatible. Criminal Justice Act 1988 139 - European Convention on Human Rights 6.2 1 Cites [ Bailii ] Â R O -v- Poland 77597/01; [2003] ECHR 129; [2003] ECHR 129 25 Mar 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Kensington and Chelsea London Borough Council -v- O'Sullivan and another Times, 27 March 2003; [2003] EWCA Civ 371 25 Mar 2003 CA Aldous, Waller, Arden LJJ Housing, Discrimination, Human Rights The council granted a tenancy to the husband many years ago. At various times the couple split up then came back together. The husband was rehoused, but at the time misled the council to say his wife was not living in the flat. When the council sought a possession order, she alleged the action was discriminatory, and breached her right to respect for private and family life. Held: At the time, it was common practice to grant a tenancy in the name of one spouse (the husband). The parties lived separate lives, even if in the same house. If it had know of the misrepresentation the council would not have transferred the tenancy for the husband. The council acted on the basis of the facts known to it. The decision was reasonable and the possession order stood. The husband had not been treated differently than she would have been. European Convention on Human Rights 8 14 [ Bailii ] Â Orzel -v- Poland 74816/01; [2003] ECHR 128; [2003] ECHR 128 25 Mar 2003 ECHR Human Rights [ Bailii ] - [ Bailii ] Â Gregoriou -v- Cyprus 62242/00; [2003] ECHR 126; [2003] ECHR 126 25 Mar 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses - claim rejected [ Bailii ] - [ Bailii ] Â Hegedus -v- Hungary 43649/98; [2003] ECHR 127; [2003] ECHR 127 25 Mar 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Dactylidi -v- Greece 52903/99; [2003] ECHR 130; [2003] ECHR 130 27 Mar 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Satka Et Autres -c- Grece 55828/00; [2003] ECHR 132; [2006] ECHR 195; [2006] ECHR 195; [2003] ECHR 132 27 Mar 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Dias Da Silva Et Gomes Ribeiro Martins -c- Portugal 53997/00; [2003] ECHR 131 27 Mar 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Martin -v- McGuiness [2003] ScotCS 96 2 Apr 2003 OHCS Lord Bonomy Scotland, Evidence, Personal Injury, Human Rights The pursuyer sought to have excluded evidence obtained unlawfully. He sought damages forr personal injuries. The defender had employed an enquiry agent who had taken films of him which he claimed infringed his rights to private and family life. Held: Behaviour such as that of the defender could infringe the pursuer's human rights, but the evidence could be admitted if there was a legitimate aim for obtaining and presenting the evidence. Any infringement had to remain proportionate. The presenter of a false case, himself would attempt to infringe the defenders right to a fair trial. A balance had to be struck. In this case the enquiries were reasonable and proportionate, and the results could be admitted. European Convention on Human Rights 8 1 Cites [ Bailii ] Â Guerrera and Fusco -v- Italy 40601/98; [2003] ECHR 140; [2003] ECHR 422; [2003] ECHR 140; [2003] ECHR 422 3 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim) ; Violation of Art. 6-1 ; No violation of P1-1; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Esteves -c- Portugal 53534/99; [2003] ECHR 137; [2003] ECHR 137 3 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Anagnostopoulos -c- Grece 54589/00; [2003] ECHR 133; [2003] ECHR 133 3 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â G G -v- Italy 43580/98; [2003] ECHR 139; [2003] ECHR 139 3 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Capurso -v- Italy 45006/98; [2003] ECHR 135; [2003] ECHR 135 3 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Klamecki -v- Poland (No 2) 31583/96; [2003] ECHR 142; [2003] ECHR 142 3 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 with regard to the right to be brought promptly before a judge or other officer ; Violation of Art. 5-3 with regard to the length of pre-trial detention ; Violation of Art. 5-4 ; Violation of Art. 8 with regard to correspondence ; Violation of Art. 8 with regard to family life ; No separate issue under Art. 34 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Malescia -v- Italy 42343/98; [2003] ECHR 144; [2003] ECHR 144 3 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings The complainant said that her rights to a fair trial within a reasonable time, and peaceful enjoyment of her possessions had been infringed. A possession order had been made in 1991, but because of failures in the court system, she recovered actual possession only in June 2000. Held: Breach of 6.1 was established. [ Bailii ] - [ Bailii ] Â C Spa -v- Italy 34999/97; [2003] ECHR 134; [2003] ECHR 134 3 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â L M -v- Italy 41610/98; [2003] ECHR 143; [2003] ECHR 143 3 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Regina on the Application of Maria Smith -v- The Secretary of State for the Home Department [2003] EWHC 692 (Admin); Times, 11 April 2003; Gazette, 19 June 2003; [2003] 1 WLR 2176 3 Apr 2003 QBD Lord Justice Kennedy Mr Justice Mitchell Criminal Sentencing, Human Rights The case asked what duty the respondent had, in respect of youths sentenced to be detained during Her Majesty's Pleasure before 30th November 2000, to review their continued detention at regular intervals. A statement said that once a tarriff had been set the Secretary would only consider matters relating to the crime or the defendant's state of mind at that time. After V the courts were given the task of setting the tarriff. It was now said that the practice set down in Venables applied to the executive only and was no longer applicable. Held: What matters is the nature of the sentence, ie to be detained during Her Majesty’s pleasure. She therefore had the right to have her tariff or minimum period reviewed from time to time for all of the reasons spelt out by the majority in Venables. The situation in relation to those sentenced prior to 30th November 2000 is still governed by the decision of the House of Lords in Venables. Powers of Criminal Courts (Sentencing) Act 2000 90(1) - Children and Young Persons Act 1933 53(1) 1 Cites 1 Citers [ Bailii ] Â Kitov -v- Bulgaria 37104/97; [2003] ECHR 141; [2003] ECHR 141 3 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Fegatelli -v- Italy 39735/98; [2003] ECHR 138; [2003] ECHR 138 3 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Del Beato -v- Italy 41427/98; [2003] ECHR 136; [2003] ECHR 136 3 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings The claimant owned an apartment. She served a notice to quit on her tenant in 1984. The court system recovered possession in 1997. She was given no assistance by the police in enforcing the possession orders. Held: The claim succeeded. She was awarded compensation to the amount of lost rent, and for non-pecuniary loses. European Convention on Human Rights Art 1 Protocol 1 Art6.1 [ Bailii ] - [ Bailii ] Â Â Sousa Marinho Et Marinho Meireles Pinto -v- Portugal; ECHR 3-Apr-2003 - 50775/99; [2003] ECHR 145 Â Â Regina on the Application of Rowley -v- Director of Public Prosecutions; QBD 4-Apr-2003 - [2003] EWHC 693 (Admin) Â Â Regina -v- Mark Clark; CACD 4-Apr-2003 - [2003] EWCA Crim 991; Times, 17 April 2003; [2003] 2 Cr App R 23 Â Richart-Luna -c- France 48566/99; [2003] ECHR 156 8 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Mocie -c- France 46096/99; [2003] ECHR 154; [2003] ECHR 154 8 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Garon -c- France 49613/99; [2003] ECHR 147; [2003] ECHR 147 8 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Jussy -c- France 42277/98; [2003] ECHR 150; [2003] ECHR 150 8 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Zanguropol -c- Roumanie 29959/96; [2003] ECHR 161; [2003] ECHR 161 8 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Julien -c- France 50331/99; [2003] ECHR 149; [2003] ECHR 149 8 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Jarreau -c- France 50975/99; [2003] ECHR 148; [2003] ECHR 148 8 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina (Uttley) -v- Secretary of State for the Home Department [2003] EWHC 950 (Admin) 8 Apr 2003 Admn Moses J Human Rights, Criminal Sentencing The court had to consider consider whether the application of statutory provisions requiring a prisoner to be released on licence, that were not applicable at the date of the offence, violated Article 7. The claimant had been sentenced to 12 years' imprisonment for various sex offences. Held: They did not. The essential question is whether the statutory imposition of the licence constituted the imposition of a penalty greater than that which would have been imposed at the time he committed the offences. The purpose of a licence was to enable a long-term prisoner to stay out of trouble, both for his own benefit and for the benefit of the community and so that he did not again lose his liberty. The nature and purpose of the licence are such that they dominate the factors which go to the conclusion as to whether the imposition of a licence is a penalty or not. The imposition of a licence is designed to protect the public once an prisoner is released, and assist in preventing the prisoner from committing further offences. European Convention on Human Rights 7.1 1 Cites 1 Citers [ Bailii ] Â Massey -v- United Kingdom [2003] ECHR 710; 14399/02 8 Apr 2003 ECHR Human Rights The applicant complained that there was no "assessment or review" of the necessity for his sex offender registration. European Convention on Human Rights 8 1 Citers [ Bailii ] Â Â Schiettecatte -c- France; ECHR 8-Apr-2003 - 49198/99; [2003] ECHR 158 Â Slovak -v- Slovakia 57983/00; [2003] ECHR 160; [2003] ECHR 160 8 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Richart LUNA v. FRANCE - 48566/99; [2003] ECHR 156 8 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â M M -v- The Netherlands 39339/98; [2003] ECHR 153; [2003] ECHR 153 8 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Barbara Francis -v- The United Kingdom 3346/02; [2003] ECHR 707 8 Apr 2003 ECHR Human Rights European Convention on Human Rights 1 Citers [ Bailii ] Â Lancz -v- Slovakia 62171/00; [2003] ECHR 151; [2003] ECHR 151 8 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement). [ Bailii ] - [ Bailii ] Â Rotrekl -v- Slovakia 65640/01; [2003] ECHR 157; [2003] ECHR 157 8 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Atkinson -v- The United Kingdom 65334/01; [2003] ECHR 146 8 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Simko -v- Hungary 42961/98; [2003] ECHR 159; [2003] ECHR 159 8 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Â Levai and Nagy -v- Hungary; ECHR 8-Apr-2003 - 43657/98; [2003] ECHR 152 Â Gallagher, Re an Application By for Judicial Review [2003] NIQB 26 9 Apr 2003 QBNI Kerr J Northern Ireland, Human Rights The applicant had been convicted of offences of indecent assault. He contended that the notification requirements of the 1997 Act infringed his rights under Article 8. Held: The court rejected the claim: "The task of deciding whether the measures are proportionate must be approached circumspectly, therefore, recognising that Parliament has determined what is required for the protection of the public from sex offenders and what is necessary to deter such offenders by having in place a system whereby their movements are monitored. In approaching this task the enactments of legislatures in other jurisdictions, while interesting as examples of alternative methods, cannot automatically provide the answer. It is trite to say that legislation should reflect the perceived needs of the particular society it is designed to serve and the experience in other jurisdictions may not be mirrored here. It is also the case that the absence of a dispensing provision whereby the applicant might apply to be relieved of the reporting requirements after a stipulated period will not render the provisions automatically disproportionate. That feature is undoubtedly relevant to the issue but it alone cannot dictate the outcome of the examination of a scheme's proportionality. It is inevitable that a scheme which applies to sex offenders generally will bear more heavily on some individuals than others. But to be viable the scheme must contain general provisions that will be universally applied to all who come within its purview. The proportionality of the reporting requirements must be examined principally in relation to its general effect. The particular impact that it has on individuals must be of secondary importance. The gravity of sex offences and the serious harm that is caused to those who suffer sexual abuse must weigh heavily in favour of a scheme designed to protect potential victims of such crimes. It is important, of course, that one should not allow revulsion to colour one's attitude to the measures necessary to curtail such criminal behaviour. A scheme that interferes with an individual's right to respect for his private and family life must be capable of justification in the sence that it can be shown that such interference will achieve the aim that it aspires to and will not simply act as a penalty on the offender. The automatic nature of the notification requirements is in my judgment a necessary and reasonable element of the scheme. Its purpose is to ensure that the police are aware of the whereabouts of all serious sex offenders. This knowledge is of obvious assistance in the detection of offenders and the prevention of crime. If individual offenders were able to obtain exemption from the notification requirements this could – at least potentially – compromise the efficacy of the scheme. By the same token the fact that the notification requirements persist indefinitely does not render the scheme disproportionate. While this is unquestionably an inconvenience for those who must make the report, that inconvenience must be set against the substantial benefit that it will achieve of keeping the police informed of where offenders are living and of their travel plans so that further offending may be forestalled both by rendering detection more easily and deterring those who might be tempted to repeat their offences." 1 Citers [ Bailii ] Â Coppard -v- The Commissioners of Customs and Excise, Lord Chancellor intervening [2003] EWCA Civ 631; Times, 11 April 2003; Gazette, 19 June 2003; [2003] EWCA Civ 511; [2003] QB 1428; [2003] 3 All ER 351; [2003] 2 WLR 1618 9 Apr 2003 CA Litigation Practice, Human Rights, Constitutional The judge, a circuit judge who had been appointed a judge of the TCC, had adjudicated on the claimant's case in the High Court in the false belief that the appointment allowed him to do so. Held: The judge had not wilfully closed his eyes to the law, and his mistake was understandable. On established principle, the judge was a judge de facto. The true logic of the doctrine was not only that the acts were validated but also the office. Accordingly, the judge was a properly constituted court for Article 6 purposes. Supreme Court Act 1981 68 - European Court of Human Rights 6(1) 1 Cites [ Bailii ] - [ Bailii ] Â Konti-Arvaniti -c- Grece 53401/99; [2003] ECHR 165 10 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Hutt-Clauss -c- France 44482/98; [2003] ECHR 164 10 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Â Bellinger -v- Bellinger; HL 10-Apr-2003 - [2003] UKHL 21; Times, 11 April 2003; [2003] 2 AC 467; [2003] 2 All ER 593; [2003] Fam Law 485; 14 BHRC 127; [2003] 2 WLR 1174; 72 BMLR 147; [2003] 2 FCR 1; [2003] HRLR 22; [2003] 1 FLR 1043; [2003] UKHRR 679; [2003] ACD 74 Â Sigurdsson -v- Iceland 39731/98; [2003] ECHR 169 10 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses award - domestic proceedings ; Costs and expenses (Convention proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Hutt CLAUSS v. FRANCE - 44482/98; [2003] ECHR 164 10 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Konti ARVANITI v. GREECE - 53401/99; [2003] ECHR 165 10 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Gianni -v- Italy 64450/01; [2003] ECHR 163; [2003] ECHR 163 10 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Â Bakker -v- Austria; ECHR 10-Apr-2003 - 43454/98; [2003] ECHR 162; (2004) 39 EHRR 548 Â Mehemi -c- France 53470/99; [2003] ECHR 167 10 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Zito and Corsi -v- Italy 54612/00; [2003] ECHR 171; [2003] ECHR 171 10 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Tamma -v- Italy 43616/98; [2003] ECHR 170; [2003] ECHR 170 10 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Matta -v- Italy 55674/00; [2003] ECHR 166; [2003] ECHR 166 10 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Â Papastavrou and Others -v- Greece; ECHR 10-Apr-2003 - 46372/99; [2003] ECHR 168; [2004] ECHR 640; [2003] ECHR 168 Â Â Gora and others -v- Commissioners of Customs and Excise and others; CA 11-Apr-2003 - [2003] EWCA Civ 525; Times, 23 April 2003; [2004] QB 93 Â Â Douglas etc -v- Hello! Ltd etc; ChD 11-Apr-2003 - [2003] EWHC 786 (Ch); Times, 21 April 2003; [2003] 3 All ER 996; [2003] EMLR 31 Â Gezer, Regina (on the Application of) -v- Secretary of State for the Home Department [2003] EWHC 860 (Admin) 14 Apr 2003 Admn Moses J Human Rights, Immigration, Benefits 1 Citers [ Bailii ] Â Jarlan -c- France 62274/00; [2003] ECHR 172; [2003] ECHR 172 15 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Dennis and Dennis -v- Ministry of Defence [2003] EWHC 793 (QB); Times, 06 May 2003; [2003] 2 EGLR 121 16 Apr 2003 QBD The Honourable Mr Justice Buckley Nuisance, Human Rights, Land The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. The particular noise is loud and characterised by a very rapid onset with a corresponding startle effect. The question arose whether and in what circumstances a sufficient public interest can amount to a defence to a claim in nuisance. Held: The noise was a continuing nuisance, and no question of limitation arose. The Harriers were not an oirdinary use of land, within the legal meaning of that phrase. Major developments in any society will interfere with the private enjoyment of nearby land. There was no statute here, only the fact that the noise had escalated. The public interest clearly demands that RAF Wittering should continue to train pilots, and a declaration should not be granted, and the losses were capable of financial satisfaction. There was an interference both with Article 1 and Article 8 rights, but damages would provide just satisfaction. European Convention on Human Rights 1 8 1 Cites 1 Citers [ Bailii ] Â Regina (O) -v- Harrow Crown Court [2003] EWHC 868 (Admin); Times, 29 May 2003; [2003] 1 WLR 2756 16 Apr 2003 QBD Kennedy LJ, Hooper J Crime, Human Rights The defendant had been refused bail. He had a previous conviction for rape, and now faced another charge. The custody time limit had also now expired. He complained that the removal of the statutory presumption in favour of bail infringed his rights. Held: Under s25, a defendant in this category should be granted bail only in exceptional circumstances. Was that section incompatible with the defendants article 5 rights? Such persons posed a substantial risk if released. The section allowed for exceptions, and was not incompatible. The question of whether the court was satisfied that exceptional grounds existed should not be construed narrowly. Justices should set out reasoned findings under the section. (Hooper) S25 should be read down so as to impose only an evidential burden on the defendant. European Convention on Human Rights 5 - Bail Act 1976 4(1) 25 - Prosecution of Offences (Custody Time Limits) Regulations 1987 (1987 No 299) 5(6B) 1 Citers [ Bailii ] Â Regina (M) -v- Secretary of State for Health Times, 25 April 2003 16 Apr 2003 QBD Maurice Kay J Health, Human Rights, Constitutional In the J T case the UK government had reached a friendly settlement under which it accepted that the United Kingdom law under sections 26 and 29 of the 1983 Act was an infringement of a patients human rights. It had been accepted that the legislation would need amendment, to allow a detainee exercising his right to apply to court to choose a diferent family member as his representative, but that had not yet happened. Held: The right to make a declaration of incompatibility was discretionary, but the existence of a decision such as J T did not prevent a court exercising that discretion. The court made a declaration of incompatibility. 1 Cites Â Yilmaz -c- Allemagne 52853/99; [2003] ECHR 187; [2003] ECHR 187 17 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â P.M. -c- Italie 34998/97; [2003] ECHR 183; [2003] ECHR 183 17 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nigiotti Et Mori -c- Italie 35024/97; [2003] ECHR 182; [2003] ECHR 182 17 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Giannatiempo -c- Italie 35969/97; [2003] ECHR 177; [2003] ECHR 177 17 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â De Benedittis -c- Italie 37117/97; [2003] ECHR 175 17 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Losanno Et Vanacore -c- Italie 36149/97; [2003] ECHR 180; [2003] ECHR 180 17 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pepe -v- Italy 46161/99; [2003] ECHR 178; [2003] ECHR 178 17 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Aponte -v- Italy 38011/97; [2003] ECHR 173; [2003] ECHR 173 17 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Pannocchia -v- Italy 37008/97; [2003] ECHR 184; [2003] ECHR 184 17 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Petschar -v- Austria 36519/97; [2003] ECHR 185; [2003] ECHR 185 17 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Fabi -v- Italy 48145/99; [2003] ECHR 176; [2003] ECHR 176 17 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Massimo Rosa -v- Italy 36249/97; [2003] ECHR 181; [2003] ECHR 181 17 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Clucher -v- Italy 36268/97; [2003] ECHR 174; [2003] ECHR 174 17 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Zannetti -c- Italie 36377/97; [2003] ECHR 188; [2003] ECHR 188 17 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kolb and Others -v- Austria 35021/97; 45774/99; [2003] ECHR 179 17 Apr 2003 ECHR C.L. Rozakis, Président, G. Bonello, P. Lorenzen N. Vajic, S. Botoucharova, V. Zagrebelsky, E. Steiner, Judges, S. Nielsen Human Rights, Land Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings The applicants alleged, in particular, that the length of land consolidation proceedings involving their property exceeded the “reasonable time” requirement of Article 6 of the Convention. The first applicant also complained about hearings in camera. They were farmers living in Stumm. On 7 July 1966 the Tirol Regional Government as the Agricultural Authority of First Instance (Landesregierung als Agrarbehörde erster Instanz - “the Agricultural Authority”) instituted land consolidation proceedings (Zusammenlegungsverfahren) involving property belonging to the first applicant, the second applicant’s mother, the third applicant and the fourth applicant’s father. Some appeal hearings were held in camera. European Convention on Human Rights 6.1 [ Bailii ] Â Pulcini -v- Italy 59539/00; [2003] ECHR 186; [2003] ECHR 186 17 Apr 2003 ECHR C.L. Rozakis, G. Bonello, P. Lorenzen, N. Vajic, S. Botoucharova, V. Zagrebelsky, E. Steiner, And Mr S. Nielsen Human Rights, Housing Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award The applicant complained of undue delay in the court system effecting recovery of property she owned, and which she had let. Possession was first ordered in 1988. The bailiff's visits attempting to recover possession were not supported by police. She alleged breach of her article 1 and article 6 rights, having waited over ten years to succeed. Held: She had not been provided with a satisfactory or timely remedy. The court had previously decided for claimants in such cases and did so again. She was awarded a sum which was intended equitably to represent her losses of rent. European Convention on Human Rights 1 6 1 Cites [ Bailii ] - [ Bailii ] Â Kolb And Others -v- Austria 35021/97;45774/99; [2003] ECHR 179 17 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Diard -c- France 42279/98; [2003] ECHR 190; [2003] ECHR 190 22 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ates -v- Turkey 28292/95; [2003] ECHR 189; [2003] ECHR 189 22 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Ates -v- Turkey 28292/95 22 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Yildiz -v- Turkey 28308/95 22 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement). Â Macir -v- Turkey 28516/95 22 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Yildiz -v- Turkey 28308/95; [2003] ECHR 193; [2003] ECHR 193 22 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement). [ Bailii ] - [ Bailii ] Â Macir -v- Turkey 28516/95; [2003] ECHR 192; [2003] ECHR 192 22 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â GÃœLer Et Autres -c- Turquie 46649/99; [2003] ECHR 191; [2003] ECHR 191 22 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Willekens -c- Belgique 50859/99; [2003] ECHR 198; [2003] ECHR 198 24 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gillet -c- Belgique 52229/99; [2003] ECHR 195; [2003] ECHR 195 24 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sylvester -v- Austria 36812/97 ; 40104/98 24 Apr 2003 ECHR Human Rights 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 Â Victor EMMANUEL de SAVOIE v. ITALY - 53360/99; [2003] ECHR 197 24 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Yiltas Yildiz Turistik Tesisleri A.S. -c- Turquie 30502/96; [2003] ECHR 199; [2006] ECHR 515; [2006] ECHR 515; [2003] ECHR 199 24 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Sylvester -v- Austria 36812/97;40104/98; [2003] ECHR 196 24 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Aktas -v- Turkey 24351/94 24 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 ; Violation of Art. 3 ; Not necessary to examine Art. 6 ; Violation of Art. 13 ; No violation of Art. 14 ; Failure to fulfil obligations under Art. 38 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Sylvester -v- Austria 36812/97; 40104/98; (2003) 37 EHRR 417; [2003] 2 FLR 210; [2003] ECHR 196; [2010] ECHR 1447 24 Apr 2003 ECHR Human Rights, Children 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 child not be determined by the mere effluxion of time." and "In cases concerning the enforcement of decisions in the realm of family law, the court has repeatedly found that what is decisive is whether the national authorities have taken all the necessary steps to facilitate execution as can reasonably be demanded in the special circumstances of each case. In examining whether non-enforcement of a court order mounted to a lack of respect for the applicants' family life the court must strike a fair balance between the interests of all persons concerned and the general interest in ensuring respect for the rule of law. In cases of this kind the adequacy of a measure is to be judged by the swiftness of its implementation, as the passage of time can have irremediable consequences for relations between the child and the parent who does not live with him or her." European Convention on Human Rights 8 1 Citers [ Bailii ] - [ Bailii ] Â Aktas -v- Turkey 24351/94; [2003] ECHR 194 24 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 ; Violation of Art. 3 ; Not necessary to examine Art. 6 ; Violation of Art. 13 ; No violation of Art. 14 ; Failure to fulfil obligations under Art. 38 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Yvon -c- France 44962/98; [2003] ECHR 200; [2003] ECHR 200 24 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Victor-Emmanuel De Savoie -c- Italie 53360/99; [2003] ECHR 197 24 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Aliev -v- Ukraine 41220/98 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 3 with regard to prison conditions ; No violation of Art. 3 with regard to alleged ill-treatment by prison officers ; Violation of Art. 8 with regard to initial restrictions on receipt of parcels ; No violation of Art. 8 with regard to later restrictions on receipt of parcels ; No violation of Art. 8 with regard to denial of conjugal visits ; Non-pecuniary damage - financial award Â Nazarenko -v- Ukraine 39483/98 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 3 ; Violation of Art. 8 with regard to initial period ; No violation of Art. 8 with regard to later period ; Non-pecuniary damage - financial award Â Dankevich -v- Ukraine 40679/98 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 3 ; Violation of Art. 8 with regard to initial period ; No violation of Art. 8 with regard to later period ; Violation of Art. 13 ; Non-pecuniary damage - financial award Â Nezbeda -v- Slovakia 56452/00 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Aliev -v- Ukraine 41220/98; [2003] ECHR 201; [2003] ECHR 201 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 3 with regard to prison conditions ; No violation of Art. 3 with regard to alleged ill-treatment by prison officers ; Violation of Art. 8 with regard to initial restrictions on receipt of parcels ; No violation of Art. 8 with regard to later restrictions on receipt of parcels ; No violation of Art. 8 with regard to denial of conjugal visits ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Dankevich -v- Ukraine 40679/98; [2003] ECHR 204; [2003] ECHR 204 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 3 ; Violation of Art. 8 with regard to initial period ; No violation of Art. 8 with regard to later period ; Violation of Art. 13 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Nazarenko -v- Ukraine 39483/98; [2003] ECHR 213; [2003] ECHR 213 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 3 ; Violation of Art. 8 with regard to initial period ; No violation of Art. 8 with regard to later period ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Khokhlich -v- Ukraine 41707/98; [2003] ECHR 207; [2003] ECHR 207 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objections rejected (estoppel, non-exhaustion) ; Violation of Art. 3 with regard to conditions of detention ; No violation of Art. 3 with regard to infection with tuberculosis ; Violation of Art. 8 with regard to initial period ; No violation of Art. 8 with regard to later period ; No violation of Art. 13 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Regina (Stanley) -v- Coroner for Inner North London Times, 12 June 2003 29 Apr 2003 QBD Silber J Coroners, Human Rights The deceased had been shot by police, mistakenly believing him to be carrying a gun. The relatives resisted admission of evidence from the police of his convictions. Held: Evidence of previous convictions of the deceased or of decisions made by the Crown Prosecution Service about matters involving the deceased, should only be admitted in evidence in exceptional circumstances, where they related to issues under article 2, and should not have been admitted here. They had no relevance to the issues properly before the jury. Before admitting such evidence, the coroner should ensure that other interested parties would have advance notice of the intention to admit such evidence. European Convention on Human Rights 2 Â Kuznetsov -v- Ukraine 39042/97; [2003] ECHR 208; [2003] ECHR 208 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3 with regard to alleged assaults ; Violation of Art. 3 with regard to lack of effective investigation ; Violation of Art. 3 with regard to conditions of detention ; Violation of Art. 8 ; Violation of Art. 9 ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â McGlinchey and Others -v- The United Kingdom Times, 01 May 2003; 50390/99; [2003] ECHR 211; [2003] ECHR 211 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Violation of Art. 13 ; Non-pecuniary damage - financial award A prisoner was admitted but with a heroin addiction. Through various mistakes and acts of neglect she died. Her family complained. Held: The failure properly to treat the withdrawal symptoms was a breach of the deceased's article 3 rights and amounted to inhuman and degrading treatment. Furthermore, there was no effective remedy available to the relatives to ensure that the death was properly investigated, creating a breach also of article 13. European Convention on Human Rights 3 13 1 Cites [ Bailii ] - [ Bailii ] Â Dankevich -v- Ukraine 40679/98 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 3 ; Violation of Art. 8 with regard to initial period ; No violation of Art. 8 with regard to later period ; Violation of Art. 13 ; Non-pecuniary damage - financial award Â Nazarenko -v- Ukraine 39483/98 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 3 ; Violation of Art. 8 with regard to initial period ; No violation of Art. 8 with regard to later period ; Non-pecuniary damage - financial award Â Motsnik -v- Estonia 50533/99; [2003] ECHR 212; [2003] ECHR 212 29 Apr 2003 ECHR Human Rights [ Bailii ] - [ Bailii ] Â Nezbeda -v- Slovakia 56452/00; [2003] ECHR 214; [2003] ECHR 214 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Motsnik -v- Estonia 50533/99 29 Apr 2003 ECHR Human Rights Â Kuznetsov -v- Ukraine 39042/97 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3 with regard to alleged assaults ; Violation of Art. 3 with regard to lack of effective investigation ; Violation of Art. 3 with regard to conditions of detention ; Violation of Art. 8 ; Violation of Art. 9 ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Mcglinchey and Others -v- The United Kingdom 50390/99 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Violation of Art. 13 ; Non-pecuniary damage - financial award Â Khokhlich -v- Ukraine 41707/98 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objections rejected (estoppel, non-exhaustion) ; Violation of Art. 3 with regard to conditions of detention ; No violation of Art. 3 with regard to infection with tuberculosis ; Violation of Art. 8 with regard to initial period ; No violation of Art. 8 with regard to later period ; No violation of Art. 13 ; Non-pecuniary damage - financial award Â Poltoratskiy -v- Ukraine 167-171 ECHR 2003-V; 38812/97; [2003] ECHR 216; [2003] ECHR 216 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3 with regard to alleged assaults ; Violation of Art. 3 with regard to lack of effective investigation ; Violation of Art. 3 with regard to conditions of detention ; Violation of Art. 8 ; Violation of Art. 9 ; Non-pecuniary damage - financial award ; Costs and expenses partial award Right of prisoners to practice their religion. 1 Citers [ Bailii ] - [ Bailii ] Â Ghitescu -c- Roumanie 32915/96; [2003] ECHR 205; [2003] ECHR 205 29 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Aliev -v- Ukraine 41220/98 29 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 3 with regard to prison conditions ; No violation of Art. 3 with regard to alleged ill-treatment by prison officers ; Violation of Art. 8 with regard to initial restrictions on receipt of parcels ; No violation of Art. 8 with regard to later restrictions on receipt of parcels ; No violation of Art. 8 with regard to denial of conjugal visits ; Non-pecuniary damage - financial award Â Barrillot -c- France 49533/99; [2003] ECHR 203; [2003] ECHR 203 29 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Iglesias Gil Et A.U.I. -c- Espagne 56673/00; [2003] ECHR 206; [2003] ECHR 206 29 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Loyen Et Autres -c- France 55926/00; [2003] ECHR 209; [2003] ECHR 210 29 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Martial Lemoine -c- France 65811/01; [2003] ECHR 210; [2003] ECHR 209 29 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Popa Et Autres -c- Roumanie 31172/96; [2003] ECHR 217; [2003] ECHR 217 29 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Rablat -c- France 49285/99; [2003] ECHR 218; [2003] ECHR 218 29 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sevgi Erdogan -c- Turquie 28492/95; [2003] ECHR 219 29 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â O.O. Et S.M. -c- Turquie 31865/96; [2003] ECHR 215; [2003] ECHR 215 29 Apr 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Costa Ribeiro -v- Portugal 54926/00; [2003] ECHR 220; [2003] ECHR 220 30 Apr 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Amirthanathan, Regina (on the Application Of) -v- Secretary of State for the Home Department [2003] EWHC 1107 (Admin) 2 May 2003 Admn Human Rights, Immigration [ Bailii ] Â Perna -v- Italy 48898/99; [2001] ECHR 485; [2003] ECHR 230 6 May 2003 ECHR Human Rights Hudoc No violation of Art. 6-1 and 6-3-d ; No violation of Art. 10 [ Bailii ] - [ Bailii ] Â Majkrzyk -v- Poland 52168/99; [2003] ECHR 227; [2003] ECHR 227 6 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Pasnicki -v- Poland 51429/99; [2003] ECHR 229; [2003] ECHR 229 6 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Witczak -v- Poland 47404/99 6 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Â Gryziecka and Gryziecki -v- Poland 46034/99; [2003] ECHR 225; [2003] ECHR 225 6 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Maliszewski -v- Poland 40887/98; [2003] ECHR 228; [2003] ECHR 228 6 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Inadmissible under Art. 3 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Gryziecka and Gryziecki -v- Poland 46034/99 6 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Andrzej and Barbara Pilka -v- Poland 39619/98 6 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected Â Andrzej and Barbara Pilka -v- Poland 39619/98; [2003] ECHR 221 6 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected [ Worldlii ] - [ Bailii ] Â D K -v- Slovakia 53372/99; [2003] ECHR 223; [2003] ECHR 223 6 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Menson -v- United Kingdom 47916/99; [1998] ECHR 107; (2003) 37 EHRR CD 220; [2003] Inquest LR 146; [2003] Po LR 155 6 May 2003 ECHR Human Rights, Coroners There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No blame attached to state authorities for the killing and no breach of the state's investigative duty was found. Held. While certain familiar principles were rehearsed, the complaint was held to be manifestly ill-founded. "The Court observes that the applicants have not laid any blame on the authorities of the respondent State for the actual death of Michael Menson; nor has it been suggested that the authorities knew or ought to have known that Michael Menson was at risk of physical violence at the hands of third parties and failed to take appropriate measures to safeguard him against that risk. The applicants' case is therefore to be distinguished from cases involving the alleged use of lethal force either by agents of the State or by private parties with their collusion (see, for example, McCann v United Kingdom (1995) [21 EHRR 97]; Jordan v United Kingdom (2001) [37 EHRR 52]; Shanaghan v United Kingdom, (Application No 37715/97, BAILII: [2001] ECHR 330), judgment of 4 May 2001, ECHR 2001-III (extracts), or in which the factual circumstances imposed an obligation on the authorities to protect an individual's life, for example where they have assumed responsibility for his welfare (see, for example, Edwards v United Kingdom (2002) [35 EHRR 487]), or where they knew or ought to have known that his life was at risk (see, for example, Osman v United Kingdom (1998) 29 EHRR 245 . . However, the absence of any direct state responsibility for the death of Michael Menson does not exclude the applicability of article 2. It recalls that by requiring a State to take appropriate steps to safeguard the lives of those within its jurisdiction (see LCB v United Kingdom (1998) 27 EHRR 212] para 36), article 2 para 1 imposes a duty on that state to secure the right to life by putting in place effective criminal law provisions to deter the commission of offences against the person, backed up by law enforcement machinery for the prevention, suppression and punishment of breaches of such provisions. With reference to the facts of the instant case, the Court considers that this obligation requires by implication that there should be some form of effective official investigation when there is reason to believe that an individual has sustained life-threatening injuries in suspicious circumstances. The investigation must be capable of establishing the cause of the injuries and the identification of those responsible with a view to their punishment. Where death results, as in Michael Menson's case, the investigation assumes even greater importance, having regard to the fact that the essential purpose of such an investigation is to secure the effective implementation of the domestic laws which protect the right to life." 1 Citers [ Bailii ] Â Witczak -v- Poland 47404/99; [2003] ECHR 234; [2003] ECHR 234 6 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Szymikowska and Szymikowski -v- Poland 43786/98; [2003] ECHR 232; [2003] ECHR 232 6 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Sedek -v- Poland 67165/01 6 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Majkrzyk -v- Poland 52168/99 6 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected Â Szymikowska and Szymikowski -v- Poland 43786/98 6 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Eerola -v- Finland 42059/98; [2003] ECHR 224; [2003] ECHR 224 6 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Sedek -v- Poland 67165/01; [2003] ECHR 231 6 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Kleyn and Others -v- The Netherlands 39651/98; 39343/98; 43147/98; 46664/99 6 May 2003 ECHR Human Rights Â Tashin Acar -v- Turkey 26307/95; (2004) 38 EHRR 2; [2003] ECHR 233 6 May 2003 ECHR Human Rights Hudoc Judgment (Preliminary objections) Government European Convention on Human Rights 1 Citers [ Bailii ] Â Kleyn And Others -v- The Netherlands 39343/98;39651/98;43147/98;...; [2003] ECHR 226 6 May 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Maliszewski -v- Poland 40887/98 6 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Inadmissible under Art. 3 ; Non-pecuniary damage - financial award Â Â Appleby and Others -v- The United Kingdom; ECHR 6-May-2003 - 44306/98; Times, 13 May 2003; [2003] ECHR 222 Â Kleyn and Others -v- The Netherlands 39651/98; 39343/98; [2003] ECHR 226 6 May 2003 ECHR Human Rights Hudoc 39343/98 ; 39651/98 ; 43147/98 ; 46664/99 [ Bailii ] Â Eerola -v- Finland 42059/98 6 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â D K -v- Slovakia 53372/99 6 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Fischer -v- Austria 27569/02 - HEDEC; [2003] ECHR 721 6 May 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Pasnicki -v- Poland 51429/99 6 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected Â Perna -v- Italy 48898/99 6 May 2003 ECHR Human Rights 1 Citers Â Â Regina -v- W (Reference Under Section 36 of the Criminal Justice Act 1972); CACD 8-May-2003 - [2003] EWCA Crim 1286; [2003] Crim LR 547; [2003] 2 Cr App R 29 Â Regina -v- Drew [2003] UKHL 25; Times, 09 May 2003; Gazette, 03 July 2003; [2003] 1 WLR 1213; [2004] 1 Cr App R (S) 8; (2004) 75 BMLR 34; [2003] 2 Cr App R 24; [2003] 4 All ER 557 8 May 2003 HL L Bingham of Cornhill, L Steyn, L Hutton, L Millett, L Rodger of Earlsferry Criminal Sentencing, Human Rights, Health The defendant was mentally ill. He had been convicted of a second serious offence, and now appealed the life sentence imposed. Psychiatrists had recommended a hospital order, but such an order could not now be made by virtue of the 2000 Act save in exceptional circumstances. It was said to be wrong automatically to impose a life sentence on the mentally ill and not criminally culpable, being "inhuman or degrading treatment or punishment" within the unqualified prohibition, and the sections requiring imposition of such sentences where the offender is mentally ill, would be incompatible with article 3. Held: The advantage of the life sentence is its flexibility. A determinate sentence would eventually result in release with no control. Courts had been reluctant to impose life sentences, and the Act was a response to that. It was not arbitrary, but proportionate and compliant. Powers of Criminal Courts (Sentencing) Act 2000 109 - Mental Health Act 1983 37 - Crime (Sentences) Act 1977 2 - European Convention on Human Rights 3 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â Tepe -v- Turkey 27244/95; [2003] ECHR 238; [2003] ECHR 238 9 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 2 with regard to abduction and killing ; Violation of Art. 2 with regard to lack of effective investigation ; No violation of Arts. 3 and 5 ; Not necessary to examine Art. 10 ; Violation of Art. 13 ; No violation of Art. 14 ; No violation of Art. 18 ; Failure to respect obligations under Art. 38-1-a ; Not necessary to examine Art. 34 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Soc -v- Croatia 47863/99; [2003] ECHR 237; [2003] ECHR 237 9 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection partly accepted (non-exhaustion) ; Preliminary objection partly dismissed (non-exhaustion) ; No violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Georgios Papageorgiou -v- Greece 59506/00; [2003] ECHR 236; [2003] ECHR 236 9 May 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Soc -v- Croatia 47863/99 9 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection partly accepted (non-exhaustion) ; Preliminary objection partly dismissed (non-exhaustion) ; No violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings Â Tepe -v- Turkey 27244/95 9 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 2 with regard to abduction and killing ; Violation of Art. 2 with regard to lack of effective investigation ; No violation of Arts. 3 and 5 ; Not necessary to examine Art. 10 ; Violation of Art. 13 ; No violation of Art. 14 ; No violation of Art. 18 ; Failure to respect obligations under Art. 38-1-a ; Not necessary to examine Art. 34 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Covezzi Et Morselli -c- Italie 52763/99; [2003] ECHR 235; [2003] ECHR 235; [2010] ECHR 1421 9 May 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Regina -v- Moore Times, 15 May 2003; Gazette, 03 July 2003 12 May 2003 CACD Rose LJ, Grigson, Beatson JJ Human Rights, Contempt of Court, Costs The applicant had been convicted of contempt of court, but succeeded on appeal. Costs had been ordered in his favour, but the matter had been referred back to the court to consider the extent of its powers on such an occasion. Held: The making of an award of costs from central funds might be available in exceptional circumstances. One such circumstance could be where the public were not party to the proceedings. Here, it was argued that he would be denied justice unless the court construed its own powers widely enough, and the human rights law required him to have legal assistance of his own choosing. Minelli could not be read so far. In the light of Holden, the court could not read section 13 so widely, and a costs order could not be made. Administration of Justice Act 1960 13(3) - European Convention on Human Rights 6 1 Cites Â Office of Fair Trading -v- Not Named (D) [2003] EWHC 1042 (Comm); Times, 04 June 2003 14 May 2003 ComC Human Rights The Office sought a warrant to enter the respondent's premises. Held: The powers which allowed entry by force into the premises by the Office were granted in pursuace of a legitimate aim. The Office had vital responsibility for the maintenance of free competition. The powers were exercisable subject to extensive guarantees and protections. They had first to satisfy a court that there were reasonable grounds for their exercise. The defendant's rights were not infringed. Competition Act 1988 28(1)(b) - Enterprise Act 2002 1 2 - European Convention on Human Rights 6 8 1 Cites [ Bailii ] Â Â Regina -v- British Broadcasting Corporation ex parte Pro-life Alliance; HL 15-May-2003 - [2003] 2 WLR 1403; Times, 16 May 2003; [2003] UKHL 23; Gazette, 03 July 2003; [2004] 1 AC 185; [2003] UKHRR 758; [2003] HRLR 26; [2003] ACD 65; [2003] EMLR 23; [2003] 2 All ER 977; [2003] EMLR 23 Â Paradis And Others -v- Germany 4783/03 - HEDEC; [2003] ECHR 724 15 May 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Dyson Limited -v- The Registrar of Trade Marks Times, 23 May 2003; [2003] EWHC 1062 (Ch); Gazette, 17 July 2003 15 May 2003 ChD The Honourable Mr Justice Patten Intellectual Property, Human Rights, Civil Procedure Rules Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given oral evidence, and the Registrar contended that any further appeal to the High court should be by way of review only. The CPR were not excluded, but would provide for a review only. Held: It was insufficient to characterise the decision as administartive. The appointed officer was accepted not to be an independent tribunal. The decision to be made would involve private rights and the right to a fair trial was engaged. The question was whether the court was obliged to order a rehearing rather than a review whenever an ex parte hearing had taken place. It was for the court to decide whether a rehearing was appropriate. The need to comply with Art 6.1 meant that a rehearing had to be available if needed. In this case a review was adequate. The mark sought had to be used, up to the relevant date, as a trade mark. It is otherwise difficult to see how the feature (a clear bin) could come to be regarded in the minds of the public as a guarantee of origin. On that basis the court would have dismissed the appeal on acquired distinctiveness. Trade Marks Act 1994 76 - Trade Mark Rules 2000 (S.I. 2000 No. 136) 54(1) - Civil Procedure Rules 52.11(1) - European Convention on Human Rights 6.1 1 Cites [ Bailii ] Â K, R (on the application of) -v- Secretary of State for Work and Pensions [2003] EWHC 1021 (Admin) 16 May 2003 Admn Wall J Child Support, Human Rights Child Support Act 1991 1 Cites [ Bailii ] Â Ackroyd -v- Mersey Care NHS Trust [2003] EWCA Civ 663; Times, 21 May 2003; Gazette, 17 July 2003; [2003] EMLR 36 16 May 2003 CA Ward, May, Carnwath LJJ Media, Human Rights The journalist was required to provide the source of his material. In an earlier hearing the newspaper had been ordered to disclose the name of its source, the journalist. The claimant obtained summary judgement, which the journalist now appealed. Held: The issues which might be put up at trial by the appellant could be different from those raised by the newspaper in the first action, and it was wrong to assume he might not have a defence. Although he might face real difficulties in defending, it would be wrong to say he did not have a real prospect of defending. The protection of journalistic sources is a fundamental of a democratic society. Appeal against summary judgment allowed. "Protection of journalistic sources is one of the basic conditions for press freedom in a democratic society. An order for source disclosure cannot be compatible with Article 10 of the European Convention unless it is justified by an overriding requirement in the public interest. Although there is a clear public interest in preserving the confidentiality of medical records, that alone cannot, in my view, be automatically regarded as an overriding requirement without examining the facts of a particular case. It would be an exceptional case indeed if a journalist were ordered to disclose the identity of his source without the facts of his case being fully examined. I do not say that literally every journalist against whom an order for source disclosure is sought should be entitled to a trial. But the nature of the subject matter argues in favour of a trial in most cases." 1 Cites 1 Citers [ Bailii ] Â Regina (Kehoe) -v- Secretary of State for Work and Pensions Times, 21 May 2003; Gazette, 03 July 2003; [2003] 2 FLR 578 16 May 2003 QBD Wall J Child Support, Human Rights, Administrative The applicant had been obliged under statute to have her claim for maintenance for her child pursued thorugh the Child Support Agency. She said that through the delay and otherwise, her claim had been lost. Held: The statute debarred the claimant pursuing her own remedies, and her human rights were therefore engaged. The inability to take a case to court would be an infringement, but she had two remedies. She could seek a judicial review of decisions of the Child Support Agency's actions, and she had a right under section 7 of the 1998 Act for damages. Those powers cured the defect in the 1991 Act. Child Support Act 1991 8(3) - Human Rights Act 1998 7 1 Cites 1 Citers [ Bailii ] Â Mangera -v- Ministry of Defence [2003] EWCA Civ 801 19 May 2003 CA Armed Forces, Discrimination, Human Rights Race Relations Act 1976 [ Bailii ] Â Mangera -v- Ministry of Defence Times, 12 July 2003; Gazette, 28 August 2003 19 May 2003 CA Peter Gibson, Tuckey, Buxton LJJ Discrimination, Armed Forces, Employment, Human Rights The claimant was employed by the Army. He claimed that he was racially discriminated against because the army refused to provide him with Halal meat. Held: The 1976 Act first required the applicant to have exhausted the Army's own internal grievance procedures. He had not done so. The employment tribunal therefore had no jurisdiction to hear the complaint. Article 6 could not be prayed in aid to give the tribunal jurisdiction. European Convention on Human Rights 6 - Race Relations Act 1976 4(2) 75(8) 75(9) - Race Relations (Complaints to Employment Tribunals) (Armed Forces) Regulations 1997 (1997 No 2161) 2 Â European Roma Rights Centre and others -v- Immigration Officer at Prague Airport and Another [2004] QB 811; [2003] EWCA Civ 666; Times, 22 May 2003; Gazette, 17 July 2003; [2004] 2 WLR 147; [2003] IRLR 577; [2003] 15 BHRC 51; [2003] INLR 374; [2003] 4 All ER 247; [2003] ACD 64 20 May 2003 CA Simon Brown, Mantell, Laws LJJ Immigration, Human Rights 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 breach of its international obligations by preventing the flight of refugees in danger. Held: The right to claim asylum did not include a right of entry. The vast majority of asylum applicants from the Czech Republic are Roma. The policy was not to refuse Roma as Roma; but to refuse entry to those who could not satisfy the immigration officer to the requisite standard that they would not claim asylum on arrival. The policy was not discriminatory, and did not operate unlawfully. (Mantell dissenting) Geneva Convention (1951) and Protocol (1967) relating to the Status of Refugees 1 Cites 1 Citers [ Bailii ] Â X, A Woman Formerly Known As Mary Bell -v- Stephen O'Brien, News Group Newspapers Ltd MGN Ltd [2003] EWHC QB 1101; [2003] 2 FCR 686 21 May 2003 QBD Right Honourable Dame Elizabeth Butler-Sloss, the President of the Family Division Media, Human Rights An injunction effective against the world, was granted to restrain any act to identify the claimant in the media, including the Internet. She had been convicted of murder when a child, and had since had a child herself. An order had been granted protecting her and her child until the child was 18. She now sought continuation of that order. Held: The court has to be extremely cautious in approaching applications for lifetime anonymity under article 8. It could not be said in this case that the applicants faced threats to their lives. Nevertheless, Mary Bell still suffered mental health problems. It was impossible to separate out the life of her daughter even though an adult. The public interest had been served by full discussion of the case, and the only matters sought to be ptotected were those relating to identity. "It would be wrong for the court to find that the notoriety which may follow the commission of serious offences would of itself entitle the offender upon release from prison to injunctions based upon the interference to his private and family life caused by press intrusion. That would open the floodgates to widespread injunctions for criminals and would be contrary to the protection rightly afforded to freedom of expression . . " In this case the balance lay in favour of the grant of the injunction. European Convention on Human Rights 8 10 1 Cites 1 Citers [ Bailii ] Â Immo Fond'Roy S.A. -c- Belgique 50567/99; [2003] ECHR 241; [2003] ECHR 241 22 May 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Voglino -v- Italy 48730/99 22 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Attene -v- Italy 62135/00 22 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Mottola -v- Italy 58191/00 22 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Wrexham County Borough Council -v- Berry; South Buckinghamshire District Council -v- Porter and another; Chichester District Council -v- Searle and others [2003] UKHL 26; Times, 23 May 2003; Gazette, 05 June 2003; Gazette, 10 July 2003; [2003] 2 WLR 1547; [2003] 2 AC 558 22 May 2003 HL Lord Bingham of Cornhill, Lord Steyn, Lord Clyde, Lord Hutton, Lord Scott of Foscote Planning, Local Government, Human Rights The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but original, and it had a duty to assess each case on its merits. The remedy of an injunction, carrying the threat of imprisonment is personal to the proposed injunctee. The court was not bound to follow the views of the local authority in enforcing planning control, and the proposed injunction must be both just and proportionate. The balance between Roma and other parts of society will always be difficult to find. Lord Bingham of Cornhill said: "When granting an injunction the court does not contemplate that it will be disobeyed . . Apprehension that a party may disobey an order should not deter the court from making an order otherwise appropriate: there is not one law for the law-abiding and another for the lawless and truculent." Town and Country Planning Act 1990 187B 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â Carbone -v- Italy 48842/99; [2003] ECHR 239; [2003] ECHR 239 22 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Anna Carbone -v- Italy 48842/99 22 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Kyrtatos -v- Greece 41666/98 22 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the right to a court ; Violation of Art. 6-1 with regard to the length of proceedings ; No violation of Art. 8 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings Â Yaman -v- Turkey 37049/97; [2003] ECHR 245; [2003] ECHR 245 22 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Liubov Ford -v- Richard Labrador [2003] UKPC 41; Times, 05 June 2003; Gazette, 10 July 2003; [2003] 1 WLR 2082 22 May 2003 PC Lord Hope of Craighead, Lord Rodger of Earlsferry, Sir Philip Otton Commonwealth, Litigation Practice, Human Rights, Costs, Natural Justice (Gibraltar) The appellant had failed in an action for defamation, she had been ordered to pay costs as a condition of her continuing the action. Held: The order was made by the Chief Justice sitting as a judge of the Court of Appeal in an appeal which had been taken against a decision which he himself had made when sitting in the Supreme Court at first instance. That was insupportable. She had not been informed of the hearing of the taxation of the costs she was now asked to pay. Those costs were disproportionate to the matter before the court. The European Convention has not been incorporated into the domestic law of Gibraltar and the decisions of the European Court are not strictly binding on the courts of Gibraltar, but they are rightly treated, where pertinent, as persuasive. 1 Cites 1 Citers [ Bailii ] - [ PC ] - [ PC ] Â Kyrtatos -v- Greece 41666/98; [2003] ECHR 242; [2003] ECHR 242 22 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the right to a court ; Violation of Art. 6-1 with regard to the length of proceedings ; No violation of Art. 8 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings [ Bailii ] - [ Bailii ] Â Attene -v- Italy 62135/00; [2003] ECHR 240; [2003] ECHR 240 22 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Mottola -v- Italy 58191/00; [2003] ECHR 243; [2003] ECHR 243 22 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Anna Carbone -v- Italy 48842/99 22 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Â Regina -v- Johnstone; HL 22-May-2003 - [2003] UKHL 28; Times, 29 May 2003; Gazette, 03 July 2003; [2003] 1 WLR 1736; [2003] 3 All ER 884; [2004] ETMR 2; [2003] HRLR 25; [2003] UKHRR 1239; [2003] FSR 42; [2003] 2 Cr App R 33; (2003) 167 JP 281; (2003) 167 JPN 453 Â Voglino -v- Italy 48730/99; [2003] ECHR 244; [2003] ECHR 244 22 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Spence, Regina (on the Application of) -v- Secretary of State for the Home Department [2003] EWCA Civ 732; [2003] Prison Law Reports 290 23 May 2003 CA Lord Justice Clarke Lord Justice Brooke Lady Justice Arden Prisons, Human Rights The court rejected a challenge to the Home Secretary’s decision to substitute a period of 18 months for the 9 months recommended by the Parole Board to be passed in open conditions before the prisoner’s next review. "[The right not to be detained arbitrarily] can be breached as a matter of law if the Home Secretary does not take proper steps to offer available offending behaviour courses designed to reduce risk and assess the level to which risk has been reduced because, absent such a duty, post-tariff detention could be reduced to ‘warehousing’ and the right to a review could become hollow. … The claimant submits that the existence of a duty grounded in Article 5 allows a prisoner in an appropriate case to secure a remedial order from a court to prevent a breach of Article 5(1)." In determining whether the interval between the review dates complied with article 5(4) on the facts of a particular case:- "the court asks itself whether the interval was reasonable. The answer to this question is a matter for the court. The court does not, therefore, apply the Wednesbury test and ask whether the interval was not one which a reasonable decision-maker could determine. In considering the question of reasonableness, the court would give appropriate weight to the views both of the Home Secretary and of the Parole Board." European Convention on Human Rights 5.1 1 Cites 1 Citers [ Bailii ] Â Sisak -v- Slovakia 62191/00; [2003] ECHR 255; [2003] ECHR 255 27 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Rusnakova -v- Slovakia 63999/00; [2003] ECHR 253; [2003] ECHR 253 27 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Micovcin -v- Slovakia 54822/00; [2003] ECHR 250; [2003] ECHR 250 27 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Verrerie De Biot S.A. -c- France 46659/99; [2003] ECHR 259; [2003] ECHR 259 27 May 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Verhaeghe -c- France 53584/99; [2003] ECHR 258; [2003] ECHR 258 27 May 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sanglier -c- France 50342/99; [2003] ECHR 254; [2003] ECHR 254 27 May 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kornblum -c- France 50267/99; [2003] ECHR 249; [2003] ECHR 249 27 May 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Crisan -c- Roumanie 42930/98; [2003] ECHR 247; [2003] ECHR 247; [2011] ECHR 618 27 May 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Sobierajska NIERZWICKA v. POLAND - 49349/99; [2003] ECHR 257 27 May 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Piskura -v- Slovakia 65567/01; [2003] ECHR 252; [2003] ECHR 252 27 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Hewitson -v- The United Kingdom 50015/99; Times, 10 June 2003; [2003] ECHR 248 27 May 2003 ECHR Mr M. Pellonpaa, President, Sir Nicolas Bratza, Mrs E. Palm, Mrs V. Str Änick, Mr M. Fischbach, Mr J. Casadevall, Mr S. Pavlovschi Human Rights, Criminal Practice Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings The applicant had been under investigation by the police. Whilst under arrest, his garage was fitted with a secret recording device, and the evidence gathered was later used against him at his trial. Held: The secret recording in a manner which was not subject to proper regulation was an infringement of the applicant's right to private life. The Police Act was insufficient protection. European Convention on Human Rights 8.1 - Police Act 1997 1 Cites [ Bailii ] - [ Bailii ] Â Sobierajska-Nierzwicka -v- Poland 49349/99 27 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses award - Convention proceedings Â Zarakolu -v- Turkey 32455/96; [2003] ECHR 260; [2003] ECHR 260 27 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Skalka -v- Poland 43425/98; [2003] ECHR 256; [2003] ECHR 256 27 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses award. [ Bailii ] - [ Bailii ] Â Zarakolu -v- Turkey 32455/96 27 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Skalka -v- Poland 43425/98 27 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses award Â Piskura -v- Slovakia 65567/01 27 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Rusnakova -v- Slovakia 63999/00 27 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Sisak -v- Slovakia 62191/00 27 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Hewitson -v- The United Kingdom 50015/99 27 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings Â Borderie -v- France 53112/99; [2003] ECHR 246; [2003] ECHR 246 27 May 2003 ECHR Human Rights [ Bailii ] - [ Bailii ] Â Micovcin -v- Slovakia 54822/00 27 May 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Sobierajska-Nierzwicka -v- Poland 49349/99; [2003] ECHR 257 27 May 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses award - Convention proceedings. [ Bailii ] Â Carloni Tarli -c- Italie 48840/99; [2003] ECHR 261 30 May 2003 ECHR Human Rights European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Walston (No 1) -v- Norway 37372/97; [2003] ECHR 269 3 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 on account of non-communication of lawyer [ Bailii ] Â Gorska -v- Poland 53698/00 3 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award Â Slovak -v- Slovakia 57985/00 3 Jun 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Benmeziane -c- France 51803/99; [2003] ECHR 262; [2003] ECHR 262 3 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cotlet -c- Roumanie 38565/97; [2003] ECHR 263; [2003] ECHR 263 3 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pantea -c- Roumanie 33343/96; [2003] ECHR 266; [2003] ECHR 266 3 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Walston (No 1) -v- Norway 37372/97 3 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 on account of non-communication of lawyer Â Slovak -v- Slovakia 57985/00; [2003] ECHR 267; [2003] ECHR 267 3 Jun 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Mouesca -c- France 52189/99; [2003] ECHR 265; [2003] ECHR 265 3 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Susini Et Autres -c- France 43716/98; [2003] ECHR 268; [2003] ECHR 268 3 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Walston (No. 1) . NORWAY (37372/97; [2003] ECHR 269 3 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Wylegly -c- Pologne 33334/96; [2003] ECHR 270; [2003] ECHR 270 3 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gorska -v- Poland 53698/00; [2003] ECHR 264; [2003] ECHR 264 3 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Isik -c- Turquie 50102/99; [2003] ECHR 271; [2003] ECHR 271 5 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Orhan Kaya -v- Turkey 44272/98; [2003] ECHR 272; [2003] ECHR 272 5 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 as concern independence and impartiality ; Not necessary to examine Art. 6-1 as concern others complaints ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Ramazanoglu -v- Turkey 39810/98; [2003] ECHR 275; [2003] ECHR 275 10 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Taylor -v- The United Kingdom 49589/99 - HEDEC; [2003] ECHR 728 10 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Serghides -v- Cyprus 44730/98 10 Jun 2003 ECHR Human Rights Hudoc Judgment (Just satisfaction) Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Cumpana Et Mazare -c- Roumanie 33348/96; [2003] ECHR 273 10 Jun 2003 ECHR Human Rights Reputation can be a Convention right within Article 8. European Convention on Human Rights 8 1 Citers [ Bailii ] - [ Bailii ] Â Serghides -v- Cyprus 44730/98 10 Jun 2003 ECHR Human Rights Hudoc Judgment (Just satisfaction) Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Â MA & Others -v- Finland; ECHR 10-Jun-2003 - (2003) 37 EHRR CD 210; [2003] ECHR 712 Â Ramazanoglu -v- Turkey 39810/98 10 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention proceedings Â Royer -v- Austria 42484/98; [2003] ECHR 284; [2003] ECHR 284 12 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Malek -v- Austria 60553/00; [2003] ECHR 282; [2003] ECHR 282; [2010] ECHR 2249 12 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to the other complaints ; Non-pecuniary damage - financial award ; Costs and expenses (Convention proceedings) - claim rejected [ Bailii ] - [ Bailii ] - [ Bailii ] Â Easterbrook -v- The United Kingdom 48015/99; Times, 18 June 2003; [2003] ECHR 278; [2003] 37 EHHR 812 12 Jun 2003 ECHR Criminal Sentencing, Constitutional, Human Rights The prisoner was convicted of an armed robbery in which a policeman had been shot, and had been sentenced to life imprisonment. The judge set no tariff himself. The tariff was set by the Home Secretary, but only after some time. The discretionary life prisoner had been refused the right to make oral representations to the Lord Chief Justice upon him recommending the tariff he was to serve. Held: There had been a violation of Article 6.1 regarding the procedure adopted in fixing the applicant's tariff: "The Court would observe that the sentencing exercise carried out in criminal cases must necessarily be carried out by an independent and impartial tribunal, namely a court offering guarantees and procedure of a judicial nature. It was not a court that fixed the applicant's tariff in a public adversarial hearing and in the circumstances it is not sufficient to satisfy the fundamental principal relating the separation of powers that the member of the executive who issued the decision was guided by judicial opinion". European Convention on Human Rights 6.1 1 Cites 1 Citers [ Worldlii ] - [ Bailii ] Â Chalkley -v- The United Kingdom 63831/00; [2003] ECHR 277 12 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Worldlii ] - [ Bailii ] Â Van Kuck -v- Germany 35968/97; [2003] ECHR 285; [2011] ECHR 1644 12 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 8 ; No separate issue under Art. 14 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings [ Worldlii ] - [ Bailii ] - [ Bailii ] Â Richeux -c- France 45256/99; [2003] ECHR 283; [2003] ECHR 283 12 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Herz -c- Allemagne 44672/98; [2003] ECHR 280; [2003] ECHR 280; [2011] ECHR 1647 12 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Gutfreund -c- France 45681/99; [2003] ECHR 279; [2003] ECHR 279 12 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Malek -v- Austria 60553/00 12 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to the other complaints ; Non-pecuniary damage - financial award ; Costs and expenses (Convention proceedings) - claim rejected Â Chalkley -v- The United Kingdom 63831/00 12 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Van Kuck -v- Germany 35968/97 12 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 8 ; No separate issue under Art. 14 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings Â Royer -v- Austria 42484/98 12 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â In re C (a Child) (Immunisation: Parental Rights); In re F (a Child) (Immunisation: Parental rights) Times, 26 June 2003; Gazette, 14 August 2003 13 Jun 2003 FD Sumner J Children, Health, Human Rights In each case fathers not married to the mother of the child, but with parental responsibility sought to have the child immunised. The mothers opposed the treatment saying they believed it unsafe. Held: The children should be immunised. Article 8.2 permitted interference with family life for health reasons. Mothers and fathers had equal rights before the court, and the court should be reluctant to intervene. The medical evidence was clear and persuasive. Acknowledging the mothers fears, age appropriate vaccination was in the child's best interests. This was not a general approval of immunisation for children. Children Act 1989 8 - European Convention on Human Rights 8.2 1 Cites 1 Citers Â Regina on the Application of Clift -v- Secretary of State for the Home Department Times, 25 June 2003; CO4732/2002; [2003] EWHC 1337 (Admin); Gazette, 28 August 2003 13 Jun 2003 Admn The Honourable Mr Justice Hooper Criminal Sentencing, Human Rights, Prisons The claimant had been sentenced to 18 years imprisonment. He challenged the differing treatment for parole purposes of those sentenced to more than 15 years, as infringing his human rights, insofar as the decision was retained by the Home Secretary. Held: The decision itself was clearly not irrational. As to the involvement of the Home Secretary, the court applied the four stage sequence of analysis from Michalak. (i) Does it fall within a substantive convention provisions (ii) If so, was there different treatment between the complainant other comparitors? (iii) Were the chosen comparators analogous? (iv) If so, did the difference in treatment have an objective and reasonable justification? As to 1) Legislation on early release on parole falls within Article 5(1) to engage Article 14. On 2) there was a difference, and the comparators were analagous. The difference in treatment was however justified because of the particular difficulties making decisions realting to such offenders. European Convention on Human Rights 5 14 - Criminal Justice Act 1991 35 50 1 Cites 1 Citers [ Bailii ] Â Mohamed, Regina (on the Application of) -v- Secretary of State for the Home Department [2003] EWHC 1530 (Admin) 16 Jun 2003 Admn Maurice Kay J Immigration, Human Rights The claimant challenged his continued detention under the 1971 Act after his appeal to the Immigration Appeal tribunal had been successful. He had been accused of rape, but was convicted of a sexual assault, though still serious. Before being released from his sentence, the respondent had authorised his continued detention under the 1971 Act. The IAT had then found a well founded fear of persecution if returned. The respondent had sought to appeal but out of time, and now sought to rely on the exeption allowing deportation where an applicant had committed a 'particularly serious crime'. Held: The claimant had been unlawfully detained. The initial refusal of bail had been made on a factually incorrect and prejudicial basis, and though "risk of absconding and further offending were matters for proper consideration, such material as there is suggests that the consideration was flawed. There is no hard evidence of it, save for what appears in the bail summary to which I have referred. There is no evidence of careful reappraisal at that stage, or of any attempt to weigh the long period of immigration detention against the perceived prospects of success in any appeal, and the duration of the appeal process. The Secretary of State was entitled to consider his position, but it was incumbent upon him to address the continued detention of the claimant with the utmost care, particularly in regard to the history of the matter, to which I have referred. I am not satisfied that he did so." Immigration Act 1971 - European Convention on Human Rights 3 1 Cites [ Bailii ] Â Pescador Valero -c- Espagne 62435/00; [2003] ECHR 298; [2003] ECHR 298 17 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Ekinci, Regina (on the Application of) -v- Secretary of State for the Home Department; CA 17-Jun-2003 - [2003] EWCA Civ 765; [2004] Imm AR 15 Â Tierce -c- Saint-Marin 69700/01; [2003] ECHR 304; [2003] ECHR 304; [2011] ECHR 2193 17 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Seidel -c- France 60955/00; [2003] ECHR 303 17 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sci Boumois -c- France 55007/00; [2003] ECHR 302; [2003] ECHR 302 17 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ruianu -c- Roumanie 34647/97; [2003] ECHR 301; [2003] ECHR 301 17 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Dilek -v- Turkey 31845/96 17 Jun 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (frinedly settlement) Â Plot -c- France 59153/00; [2003] ECHR 299; [2003] ECHR 299 17 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Benackova -v- Slovakia 53376/99 17 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Mustafa -c- France 63056/00; [2003] ECHR 296; [2003] ECHR 296 17 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Michel Raitiere -c- France 57734/00; [2003] ECHR 295; [2003] ECHR 295 17 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Merinc -c- Turquie 28504/95; [2003] ECHR 294; [2003] ECHR 294 17 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lutz -c- France (NÂ° 2) 49531/99; [2003] ECHR 293; [2003] ECHR 598; [2003] ECHR 293; [2003] ECHR 603 17 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Lechoisne Et Autres -c- France 61173/00; [2003] ECHR 292; [2003] ECHR 292 17 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Asnar -c- France 57030/00; [2003] ECHR 286; [2003] ECHR 286 17 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Raf -c- Espagne 53652/00; [2003] ECHR 300; [2003] ECHR 300 17 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Chovancik -v- Slovakia 54996/00 17 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Klimek -v- Slovakia 60231/00 17 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Klimek -v- Slovakia 60231/00; [2003] ECHR 291; [2003] ECHR 291 17 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Dilek -v- Turkey 31845/96; [2003] ECHR 290; [2003] ECHR 290 17 Jun 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (frinedly settlement) [ Bailii ] - [ Bailii ] Â Chovancik -v- Slovakia 54996/00; [2003] ECHR 289; [2003] ECHR 289 17 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Bona -v- Slovakia 72022/01 17 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Benackova -v- Slovakia 53376/99; [2003] ECHR 287; [2003] ECHR 287 17 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Carson and Reynolds -v- Secretary of State for Work and Pensions [2003] EWCA Civ 797; Times, 28 June 2003; [2003] 3 All ER 577 17 Jun 2003 CA Lord Justice Laws Lord Justice Rix Lord Justice Simon Brown Discrimination, Human Rights, Benefits The claimant Reynolds challenged the differential treatment by age of jobseeker's allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a 'possession' within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: The meaning of possessions within the Convention was autonomous. In the field of social security the Strasbourg court has drawn a line between contributory and non-contributory benefits. The decision to exclude foreign residents from uprating of benefits was objectively justified without regard to cost. Equally there was an objective justification for the differentiation between under and over 25s in the payment of benefits, at least as regards jobseekers allowance. European Convention on Human Rights - Jobseeker’s Allowance Regulations 1996 79 - Jobseekers Act 1995 4(1) 1 Cites 1 Citers [ Bailii ] Â Nuray Sen -v- Turkey 41478/98; (2003) 36 EHRR 7; [2003] ECHR 297; [2003] ECHR 297 17 Jun 2003 ECHR Human Rights, Immigration Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Non-pecuniary damage - financial award ; Costs and expenses partial award A State is under an obligation to admit relatives of settled immigrants in order to develop family life. European Convention on Human Rights 8 1 Citers [ Bailii ] - [ Bailii ] Â Bona -v- Slovakia 72022/01; [2003] ECHR 288; [2003] ECHR 288 17 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Nuray Sen -v- Turkey 41478/98 17 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Regina on the Application of Wilkinson -v- The Commissioners of Inland Revenue [2003] EWCA Civ 814; Times, 28 June 2003; 2002/0648; Gazette, 04 September 2003; [2003] 1 WLR 2683 18 Jun 2003 CA Lord Justice Mantell Lord Justice Rix Lord Phillips Of Worth Matravers, Mr Income Tax, Discrimination, Taxes Management, Human Rights The claimant had not received the same tax allowance following his wife's death as would have been received by a woman surviving her husband. That law had been declared incompatible with Human Rtights law as discriminatory, but the respondent refused to make good any claim which had not been originally pursued to the European Court, since there was no obligation, the case having been a friendly settlement not creating an obligation, and saying that primary legislation (s262) required them not to make a payment. One of the primary tasks of the Commissioners is to recover those taxes which Parliament has decreed shall be paid. Section 1 of the 1970 Act permits them to do this pragmatically with regard to principles of good management. Concessions can be made where those will facilitate the overall task of tax collection. Nevertheless Parliament did not intend the benefit to be available to men, and it was outside the scope of a concession to allow it. A declaration of incompatibility was made. Human Rights Act 1998 4 - Income and Corporation Taxes Act 1988 262 - Taxes Management Act 1970 1(1) 1 Cites 1 Citers [ Bailii ] Â Hooper and Others, Regina (on the Application of) -v- Secretary of State for Work and Pensions [2002] EWCA Civ 813; Times, 28 June 2003; Gazette, 17 July 2003; [2003] 1 WLR 2623 18 Jun 2003 CA Lord Justice Mantell Lord Justice Rix Lord Phillips Of Worth Matravers, Mr Human Rights, Discrimination The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing that point succeeded. The Human Rights Act required the court to read statute to be compliant. A statute purporting to justify an infringement could not be relied upon as a defence. Those individuals who had taken their cases to the Human Rights Court had been paid on a friendly settlment. Such would not oblige the respondent to make arrangements for others. This was well recognised as a motive for such settlements. However the Secretary had power to make the payments, and in failing to pay he again infringed the claimants' 6.1 rights, but it was not irrational not to make extra statutory payments for those who had not claimed. It was necessary to make a payment in damages to achieve just satisfaction, and damages were awarded. Social Security Contributions and Benefits Act 1992 36 37 38 - Income and Corporation Taxes Act 1988 262(1) - European Convention on Human Rights 14 First Prot Art1 1 Cites 1 Citers [ Bailii ] Â Pedersen and Baadsgaard -v- Denmark 49017/99; [2003] ECHR 306 19 Jun 2003 ECHR Human Rights, Media Hudoc No violation of Art. 6-1 ; No violation of Art. 10 1 Citers [ Bailii ] - [ Bailii ] Â Secretary of State for the Home Department, Regina on the Application of Soumahoro; Regina on the Application of Nadarajah; Regina on the Application of Razgar, Secretary of State for the Home Department, Secretary of State for the Home Department [2003] EWCA Civ 840; [2003] Imm AR 529 19 Jun 2003 CA Mr Justice Pumfrey Lord Justice Dyson Lord Justice Judge Immigration, Human Rights In each case asylum applicants had been certified as suitable to be returned to the first country at which they had arrived on fleeing their home countries. Held: To determine whether article 8 was engaged given the territoriality principle, the following should be considered. First, the claimant’s case in relation to his private life in the deporting state should be examined. Where the essence of the claim is that expulsion will interfere with his private life by harming his mental health, this will include a consideration of what he says about his mental health in the deporting country, the treatment he receives and any relevant support that he says that he enjoys there. Secondly, the court must look at what he says is likely to happen to his mental health in the receiving country, what treatment he can expect to receive there, and what support he can expect to enjoy. The third step is to determine whether, on the claimant’s case, serious harm to his mental health will be caused or materially contributed to by the difference between the treatment and support that he is enjoying in the deporting country and that which will be available to him in the receiving country. If so, then the territoriality principle is not infringed, and the claim is capable of being engaged. Immigration and Asylum Act 1999 72(2)(a) - European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] Â Lawal -v- Northern Spirit Limited Gazette, 17 July 2003; [2003] UKHL 35; [2003] ICR 856; [2004] 1 All ER 187 19 Jun 2003 HL L Bingham of Cornhill, L. Millett, L. Nicholls of Birkenhead, L. Rodger of Earlsferry, L. Steyn Employment, Human Rights, Legal Professions, Natural Justice Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. It must then ask whether those circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, the two being the same, that the tribunal was biased. The rules recognised the need to separate counsel's practice from the area in which he sat. The threshold is only a real possibility of unconscious bias. One starts by identifying the circumstances which are said to give rise to bias. Would a fair minded and informed observer, having considered the given facts, conclude that there was a real possibility that the tribunal was biased. Mr Lawal has succeeded on the issue of principle raised by the Recorder objection. 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â Sahini -v- Croatia 63412/00; [2003] ECHR 307; [2003] ECHR 307 19 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Nekvedavcius -v- Germany 46165/99 - HEDEC; [2003] ECHR 722 19 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Ulku Dogan and Others -v- Turkey 32270/96 19 Jun 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Widmann -v- Austria 42032/98 19 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses award - Convention proceedings Â Sahini -v- Croatia 63412/00 19 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Costs and expenses partial award - Convention proceedings Â Ulku Dogan and Others -v- Turkey 32270/96; [2003] ECHR 308; [2003] ECHR 308 19 Jun 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Hulki Gunes -v- Turkey 28490/95; [2003] ECHR 305; [2003] ECHR 305 19 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Widmann -v- Austria 42032/98; [2003] ECHR 309; [2003] ECHR 309 19 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Halit Yalcin -c- Turquie 27696/95; [2003] ECHR 315; [2003] ECHR 315 24 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sagan -v- Poland 6901/02; [2003] ECHR 318; [2003] ECHR 318 24 Jun 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Y -v- Hm Attorney General [2003] EWHC 1462 (Ch) 24 Jun 2003 ChD The Vice-Chancellor Human Rights, Litigation Practice Â Allard -v- Sweden 35179/97; [2003] ECHR 310; [2003] ECHR 310; [2011] ECHR 1278 24 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award [ Bailii ] - [ Bailii ] - [ Bailii ] Â Sika -v- Slovakia 69145/01 24 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Allard -v- Sweden 35179/97 24 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award 1 Citers Â Henao -v- Netherlands 13669/03 24 Jun 2003 ECHR Human Rights The applicant was a national of Colombia. While serving a prison sentence in Holland for a drugs offence he was diagnosed HIV-positive. He sought to resist expulsion to Columbia on Article 3 grounds. Held: "… the Court considers that, unlike the situation in… D… or BB…, it does not appear that the applicant’s illness has attained an advanced or terminal stage, or that he has no prospect of medical care or family support in his country of origin. The fact that the applicant’s circumstances in Colombia would be less favourable than those he enjoys in the Netherlands cannot be regarded as decisive from the point of view of Article 3…" European Convention on Human Rights 3 1 Citers Â Mustafa Yuksel -c- Turquie 42430/98; [2003] ECHR 316; [2003] ECHR 316 24 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Dowsett -v- The United Kingdom Times, 12 July 2003; 39482/98; [2003] ECHR 314; (2003) 38 EHRR 845 24 Jun 2003 ECHR Human Rights, Criminal Practice The applicant had been convicted along with others of a murder. He now alleged that the police had refused to disclose evidence which would have supported his defence. Some had been disclosed but some still withheld on public interest grounds by the prosecution. Held: The failure to disclose in this case violated his rights. The right to have all evidence disclosed is not absolute, being balanced with other interests such as national security, or perhaps the protection of witnesses. Any such restriction must go no further than absolutely necessary, and any such difficulties must be counterbalanced by the judicial procedures followed. Here the prosecution had taken it upon itself to keep back the evidence. The prosecution's failure to disclose material at the trial, although partly cured in the Court of Appeal had not been wholly cured. Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings European Convention on Human Rights 6.1 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Dertli Et Autres -c- Turquie 45672/99; [2003] ECHR 313; [2003] ECHR 313 24 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bouilly -c- France (NÂ° 2) 57115/00; [2003] ECHR 312; [2003] ECHR 312 24 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Barut -c- Turquie 29863/96; [2003] ECHR 311; [2003] ECHR 311; [2009] ECHR 1733 24 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Y -v- HM Attorney-General [2003] EWHC 1462 (Ch) 24 Jun 2003 ChD Human Rights, Litigation Practice [ Bailii ] Â Stretch -v- The United Kingdom 44277/98; Times, 03 July 2003; [2003] ECHR 320; [2003] ECHR 320 24 Jun 2003 ECHR Pellonpaa, President, Sir Nicolas Bratza, E. Palm, V. Stranick, S. Pavlovschi, L. Garlicki, J. Borrego Borrego Human Rights, Landlord and Tenant, Local Government The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires. Held: Property rights protected under the Convention included such rights. The concept of "possessions" in Art. 1 includes a legitimate expectation of obtaining effective enjoyment of a property right resulting from the ultra vires act of a public authority. The council had acted under a mistaken belief as to its capacity. No third party interest would have been affected, and the interference in private property rights was disproportionate. Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Local Government Act 1933 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Sika -v- Slovakia 69145/01; [2003] ECHR 319; [2003] ECHR 319 24 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Ozgur Isik -c- Turquie 44057/98; [2003] ECHR 317; [2003] ECHR 317 24 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sagan -v- Poland 6901/02 24 Jun 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Hattatoglu -c- Turquie 37094/97; [2003] ECHR 323; [2003] ECHR 323 26 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Regina -v- Her Majesty's Attorney General ex parte Rusbridger and Another; HL 26-Jun-2003 - [2003] UKHL 38; Times, 27 June 2003; [2004] 1 AC 357 Â Pascolini -c- France 45019/98; [2003] ECHR 326; [2003] ECHR 326 26 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire -v- Wallbank and another; HL 26-Jun-2003 - [2003] UKHL 37; Gazette, 04 September 2003; [2003] 3 WLR; [2004] 1 AC 546; [2003] 3 All ER 1213; [2003] UKHRR 919; [2003] HRLR 28; [2003] NPC 80; [2003] 27 EGCS 137 Â Maire -c- Portugal 48206/99; [2003] ECHR 324; [2003] ECHR 324 26 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Halatas -c- Grece 64825/01; [2003] ECHR 322; [2003] ECHR 322 26 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Moreira &Amp; Ferreirinha, Lda. And Others -v- Portugal 54566/00;54567/00;54569/00; [2003] ECHR 325 26 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Moreira &Amp; Ferreirinha, Lda and Others -v- Portugal 54566/00 ; 54567/00 ; 545 26 Jun 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award 54566/00 ; 54567/00 ; 54569/00 Â Moreira &Amp; Ferreirinha, Lda. Et Autres -c- Portugal 54566/00; [2003] ECHR 325 26 Jun 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Â Ferreira Pinto -v- Portugal; ECHR 26-Jun-2003 - 54704/00; [2003] ECHR 321 Â Ali -v- Head and Governors of Lord Grey School Times, 14 August 2003; Gazette, 11 September 2003; [2003] EWHC 1533 (QB); [2003] 4 All ER 1317 27 Jun 2003 QBD Stanley Burnton J Education, Human Rights The claimant had been expelled from school unlawfully, and now sought damages for the breach of his right to an education. Held: The claimant had received and had refused appropriate offers of alternate schools. The duty was imposed generally on the state, not on any particular school. If the unavailablity of education was the fault of inaction of the local authority, then it would be responsible, but if the parents refused an alternative school, no claim for damages could lie, and the question of whether the expulsion was unlawful was not relevant. European Convention on Human Rights P1A2 - Human Rights Act 1998 8 - Education (School Government) (Terms of Reference) (England) Regulations 2000 1 Citers Â McFetrich, Regina (on the Application of) -v- Secretary of State for the Home Department [2003] EWHC 1542 (Admin); CO/4937/2002; Times, 28 July 2003; Gazette, 11 September 2003 30 Jun 2003 Admn Lord Justice Scott Baker And Mr Justice Pitchford Human Rights, Criminal Sentencing The defendant had been convicted of murder in Scotland. He requested a transfer to an English prison. The trial judge recommended a tariff of eight years which was eventually set at 12 years by the respondent. That figure also exceeded the maximum recommended by the English judges who had reviewed the sentence. He complained that this infringed his article 7 right, since the penalty was higher than it would have been in Scotland. The Scottish tariff had been recommended but not set before his transfer. Held: There were differences between the Scottish and English systems for setting the tariffs, but the transfer applied the English system. The true sentence was one of life imprisonment. The applicant's article 7 rights were not affected and the application for judicial review failed. Criminal Justice Act 1961 26(1) - European Convention on Human Rights 7.1 1 Cites 1 Citers [ Bailii ] Â Suominen -v- Finland 37801/97; [2003] ECHR 330; [2003] ECHR 330 1 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Societe Prisma Presse -v- France 66910/01; [2003] ECHR 715 1 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Wysocka-Cysarz -v- Poland 61888/00; [2003] ECHR 331 1 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement). [ Bailii ] Â Skora -v- Poland 67162/01; [2003] ECHR 329; [2003] ECHR 329 1 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Ciagadlak -v- Poland 45288/99; [2003] ECHR 327; [2003] ECHR 327 1 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Suominen -v- Finland 37801/97 1 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Wysocka CYSARZ v. POLAND - 61888/00; [2003] ECHR 331 1 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Wysocka-Cysarz -v- Poland 61888/00 1 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement). Â Skora -v- Poland 67162/01 1 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Ciagadlak -v- Poland 45288/99 1 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award Â Finucane -v- The United Kingdom 29178/95; Times, 28 July 2003; [2003] ECHR 328; [2003] ECHR 328 1 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 ; Costs and expenses partial award - Convention proceedings The deceased was a lawyer murdered in Northern Ireland. His family complained that the substantial delay in investigating the circumstances of his death, including particularly the allegation that the security forces had connived in the death infringed art 2. Held: The investigation had been inadequate, extending over many years, and had not been carried out with the necessary possibility of public scrutiny and involvement of the family. It was not possible for the family to challenge the decision not to prosecute, and the artcile 2 right had been violated. Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 ; Costs and expenses partial award - Convention proceedings European Convention on Human Rights 2 1 Citers [ Bailii ] - [ Bailii ] Â Rogai -v- Italy 60661/00 3 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Rogai -v- Italy 60661/00; [2003] ECHR 335; [2003] ECHR 335 3 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Nuti -v- Italy 60662/00; [2003] ECHR 334; [2003] ECHR 334 3 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Blasetti -v- Italy 48728/99; [2003] ECHR 332; [2003] ECHR 332 3 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Â Norwood -v- Director of Public Prosecutions; Admn 3-Jul-2003 - [2003] EWHC 1564 (Admin); Times, 30 July 2003 Â Buffalo Srl En Liquidation -c- Italie 38746/97; [2003] ECHR 333; [2004] ECHR 375; [2004] ECHR 375; [2003] ECHR 333 3 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Blasetti -v- Italy 48728/99 3 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Hurst -v- Coroner Northern District of London [2003] EWHC 1721 (Admin); [2004] UKHRR 139 4 Jul 2003 Admn Rose LJ, Henriques J Coroners, Human Rights The deceased was killed by Mr Reid, a neighbour, who was convicted of his manslaughter. Held: The court quashed the coroner's refusal to accede to the application of the deceased's father to resume an adjourned inquest into the death, at which his court would investigate the role played by the police and the local housing authority in relation to the death. The state's duty to investigate a death was adjectival in the sense that it was ancillary to the main right to life recognised by Article 2. But it was nonetheless a freestanding right. The court stressed that Article 2 ranked as one of the most fundamental values of the Convention, enshrining (along with Article 3) one of the basic values of the democratic societies making up the Council of Europe. "The object and purpose of the convention as an instrument for the protection of individual human beings also requires that article 2 be interpreted and applied so as to make its safeguards practical and effective." European Convention on Human Rights 2 1 Citers [ Bailii ] Â Fisher and Another -v- English Nature [2003] EWHC 1599 (Admin); Times, 15 September 2003; [2004] 1 WLR 503 4 Jul 2003 Admn Lightman J Environment, Land, Human Rights The claimants were trustees of land. The Respondent had notified the Secretary of State that they considered that part of the land satisfied the criteria to be certifed as being of special scientific interest. They now intended to confirm the notification. The claimants said that they could have considered alternative ways of protecting the land including acceptance of undertakings or alternative designations which were less onerous. Held: The statute required that if the respondent remained genuinely convinced that the site satisfied the criteria, it had no discretion and had to confirm the notification. The notification was not therefore disproportionate. The claimant had disavowed any challenge of the underlying law, and therefore the claim failed. Wildlife and Countryside Act 1981 28(1) 1 Cites 1 Citers [ Bailii ] Â Fontaine Et Bertin -c- France 38410/97; [2003] ECHR 336 8 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Pawlinkowska -v- Poland 45957/99 8 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Kozlica -v- Croatia 29182/03; [2006] ECHR 923 8 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Godlewski -v- Poland 53551/99 8 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Sahin -v- Germany 30943/96 8 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed ; No violation of Art. 8 ; Violation of Art. 14+8 ; Non-pecuniary damage - financial award ; Costs and expenses partial award 1 Cites 1 Citers Â Sommerfeld -v- Germany 31871/96; [2003] 2 FLR 671 8 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 8 ; Violation of Art. 14+8 with regard to right of access ; Violation of Art. 14+8 with regard to right of appeal ; Not necessary to examine Art. 14+6 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings 1 Cites 1 Citers Â Fontaine And Bertin -v- France 38410/97;40373/98; [2003] ECHR 336 8 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Sedat SEN and Others -v- Turkey 45824/99; [2003] ECHR 711 8 Jul 2003 ECHR G Ress P Human Rights (Admissibility) [ Bailii ] Â Sentges -v- The Netherlands 27677/02; [2003] ECHR 718 8 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Â Godlewski -v- Poland; ECHR 8-Jul-2003 - 53551/99; [2003] ECHR 337 Â Sahin -v- Germany 30943/96; [2001] ECHR 587; [2003] ECHR 340; [2001] ECHR 594; [2003] ECHR 340; [2010] ECHR 585 8 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed ; No violation of Art. 8 ; Violation of Art. 14+8 ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Â Hatton and Others -v- The United Kingdom; ECHR 8-Jul-2003 - Times, 10 July 2003; 36022/97; [2003] 37 EHRR 611; [2003] 37 EHRR 28 Â Sedat Sen and Others -v- Turkey [2003] ECHR 711; 45824/99 8 Jul 2003 ECHR Ress P Human Rights Admissibility [ Bailii ] Â Â Hatton and Others -v- The United Kingdom; ECHR 8-Jul-2003 - Times, 10 July 2003; 36022/97; [2003] 37 EHRR 611; [2003] 37 EHRR 28 Â Â Pawlinkowska -v- Poland; ECHR 8-Jul-2003 - 45957/99; [2003] ECHR 339 Â Sommerfeld -v- Germany 31871/96; [2001] ECHR 588; [2003] ECHR 341; [2001] ECHR 595; (2003) 38 EHRR 756 8 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 8 ; Violation of Art. 14+8 with regard to right of access ; Violation of Art. 14+8 with regard to right of appeal ; Not necessary to examine Art. 14+6 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Interoliva Abee -c- Grece 58642/00; [2003] ECHR 347; [2003] ECHR 347 10 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Benhebba -c- France 53441/99; [2003] ECHR 342; [2003] ECHR 342 10 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kastelic -v- Croatia 60533/00 10 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to access to court ; No separate issue under Art. 6-1 with regard to the length of the proceedings ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Multiplex -v- Croatia 58112/00 10 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to access to court ; No separate issue under Art. 6-1 with regard to the length of the proceedings ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Â Kastelic -v- Croatia; ECHR 10-Jul-2003 - 60533/00; [2003] ECHR 348 Â Multiplex -v- Croatia 58112/00; [2003] ECHR 351; [2003] ECHR 351 10 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to access to court ; No separate issue under Art. 6-1 with regard to the length of the proceedings ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Yurtdas Et Inci -c- Turquie 40999/98; [2003] ECHR 353; [2003] ECHR 353 10 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Wilson -v- Secretary of State for Trade and Industry; Wilson -v- First County Trust Ltd (No 2); HL 10-Jul-2003 - Gazette, 18 September 2003; Times, 11 July 2003; [2003] UKHL 40; [2003] 3 WLR 568; [2004] 1 AC 816; [2003] 2 All ER (Comm) 491; [2003] HRLR 33; [2003] UKHRR 1085; [2003] 4 All ER 97 Â Lorenza Conti -v- Italy 45356/99 10 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses (Convention proceedings) - claim rejected Â In re S (A Child) (Identification: Restrictions on Publication) Times, 21 July 2003; [2003] EWCA Civ 963; Gazette, 11 September 2003; [2003] 2 FLR 1253; [2003] 3 WLR 1425 10 Jul 2003 CA Lady Justice Hale (dissenting), Lord Justice Latham Lord Phillips Of Worth Matravers, Mr Children, Media, Human Rights An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care. Held: The court must balance the need to protect the child with the need for freedom of the press. The issue in the case was not itself about the care of this child, and therefore the child's interests were not paramount. The court had three jurisdiction as identified in Kelly. The welfare of the child could affect determination of factual issues. The court was not, in this case, exercising any jursidiction over the care of the child. The authorities had not been all one way, and the court was being asked to exercise a new jurisdiction. Although nothing would be published directly about the child, this was not a case where his connection was distant enough to preserve his identity from being known. On the other side of the balance was the need at common law and in human rights law, for freedom of speech and of the press. The High Court has jurisdiction to make orders binding on a criminal court, but these powers could be exercised only sparingly. Lady Hale's analysis of the law was accepted by the other judge's but they differed as to the conclusion in this case and the judge's order declining to make an order to protect the child's identity was upheld. Children and Young Persons Act 1933 39 1 Cites 1 Citers Â S (A Child), Re [2003] EWCA Civ 963 10 Jul 2003 CA Lord Phillips Of Worth Matravers, Lady Justice Hale And Lord Justice Latham Children, Media, Human Rights The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was not making a decision which involved the child's upbringing, and nor was the child directly involved in the case at issue. The court was being invited to exercise its protective jurisdiction. It is not a case in which the child's interests were by law paramount, as against the interests of freedom of the press. Children and Young Persons Act 1933 39 - European Convention on Human Rights 6 8 10 1 Cites [ Bailii ] Â Hartman -v- Czech Republic 53341/99; [2003] ECHR 346; [2003] ECHR 346 10 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Lorenza Conti -v- Italy; ECHR 10-Jul-2003 - 45356/99; [2003] ECHR 350 Â Grava -c- Italie 43522/98; [2003] ECHR 345; [2003] ECHR 345; [2011] ECHR 625 10 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Â Murphy -v- Ireland; ECHR 10-Jul-2003 - 44179/98; [2003] ECHR 352; (2003) 38 EHRR 212; (2004) 38 EHRR 13 Â Farinha Martins -c- Portugal 53795/00; [2003] ECHR 344; [2003] ECHR 344 10 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Efstathiou -v- Greece 55794/00; [2003] ECHR 343; [2003] ECHR 343 10 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Konstantopoulos Ae Et Autres -c- Grece 58634/00; [2003] ECHR 349; [2003] ECHR 349 10 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â MP -v- Nottinghamshire Healthcare NHS Trust [2003] EWHC 1782 (Admin) 14 Jul 2003 Admn Health, Human Rights [ Bailii ] Â R W -v- Poland 41033/98; [2003] ECHR 364; [2003] ECHR 364 15 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Sitarek -v- Poland 42078/98 15 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention proceedings Â R W -v- Poland 41033/98 15 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â The Fortum Corporation -v- Finland 32559/96 15 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award Â Granata (No. 2) -v- France 51434/99; [2003] ECHR 361 15 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Sigurthor Arnarsson -v- Iceland 44671/98 15 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Niziuk -v- Poland 64120/00; [2003] ECHR 363; [2003] ECHR 363 15 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Mokrani -c- France 52206/99; [2003] ECHR 362; (2005) 40 EHRR 5; [2003] ECHR 362; [2010] ECHR 2243 15 Jul 2003 ECHR Human Rights (French Text Only) "[R]elationships between adults do not necessarily benefit from protection under article 8 of the Convention unless the existence of additional elements of dependence, other than normal emotional ties, can be proven." European Convention on Human Rights 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Granata (NÂ° 2) . FRANCE (51434/99; [2003] ECHR 361 15 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Forcellini -c- Saint-Marin 34657/97; [2003] ECHR 360; [2003] ECHR 360 15 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ernst Et Autres -c- Belgique 33400/96; [2003] ECHR 359; [2003] ECHR 359; [2010] ECHR 938 15 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Sigurthor Arnarsson -v- Iceland 44671/98; [2003] ECHR 365; (2003) 39 EHRR 426 15 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings The applicant had been acquitted of the criminal charge against him at first instance. This decision was reversed on appeal by the Supreme Court after an oral hearing at which it heard submissions from the prosecution and from the applicant's lawyer. But the issues which it had to determine were predominantly factual in nature and they were complex. Held: The court reiterated the point made in its earlier jurisprudence that the manner of the application of article 6(1) to proceedings before courts of appeal depends on the special features of the proceedings involved, and that account must be taken of the entirety of those proceedings in the domestic legal order and of the role of the appellate court therein. It did not consider that, having regard to what was at stake for the applicant, the issues to be determined by the Supreme Court could as a matter of fair trial have been examined properly without a direct assessment of the evidence given by the applicant in person. Article 6 had been violated. European Convention on Human Rights 6 1 Citers [ Bailii ] - [ Bailii ] Â Dragan -v- Poland 58780/00; [2003] ECHR 356; [2003] ECHR 356 15 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Niziuk -v- Poland 64120/00 15 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â The Fortum Corporation -v- Finland 32559/96; [2003] ECHR 367; [2003] ECHR 367 15 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â C A Webber (Transport) Ltd -v- Railtrack plc Times, 05 August 2003 15 Jul 2003 CA Peter Gibson and Longmore LJJ Landlord and Tenant, Human Rights A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the 1978 Act. Such an implication did not infringe the tenant's human rights. Lex Services stood alone against a list of cases to the effect that where a notice was sent by one of the primary methods set down in s23, it was deemed to have been served, and s7 had no application. Landlord and Tenant Act 1927 23 - Limitation Act 1978 7 - Human Rights Act 1998 - Landlord and Tenant Act 1954 25 1 Cites Â Sitarek -v- Poland 42078/98; [2003] ECHR 366; [2003] ECHR 366 15 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Sadler -v- The General Medical Council [2003] UKHL 59; Times, 29 September 2003; [2004] Lloyd's Rep Med 44; [2004] HRLR 8; [2003] 1 WLR 2259 15 Jul 2003 PC Lord Rodger of Earsferry, Lord Walker of Gestingthorpe, Sir Phillip Otton Health Professions, Human Rights, Natural Justice (The Committee on Professional Performance of the GMC) The distinction drawn in Krippendorf between a practitioner's current competence and past performance was not to be taken too far. The purpose of the assessment was not to punish the practitioner, but to protect the public. The standard of proof was accordingly the civil standard of balance of probabilities. The Board considered the role of members of the GMC sitting as panel members of its Committee on Professional Performance. It was argued that the presence of GMC members on the CPP panels was contrary to the domestic doctrine of apparent bias or to ECHR article 6. Held: Lord Hope pointed out that there is no general principle of Convention jurisprudence which prevents such self-regulation and that everything depended on all the relevant circumstances. As to the relevant rules and the protection afforded by them, their Lordships were satisfied that the CPP met the Convention requirements. European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] - [ PC ] - [ PC ] Â E.R. -c- France 50344/99; [2003] ECHR 357; [2003] ECHR 357 15 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Dragan -v- Poland 58780/00 15 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â De Biagi -c- Saint-Marin 36451/97; [2003] ECHR 355; [2003] ECHR 355 15 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Berlin -c- Luxembourg 44978/98; [2003] ECHR 354; [2003] ECHR 354; [2011] ECHR 1582 15 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Erdei Et Wolf -c- Roumanie 38445/97; [2003] ECHR 358; [2003] ECHR 358 15 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Munjaz -v- Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested; [2003] EWCA Civ 1036; Times, 25 July 2003; [2004] QB 395; [2003] Lloyds Rep Med 534; [2003] 3 WLR 1505; (2003) 74 BMLR 178; [2003] HRLR 38 16 Jul 2003 CA The Master Of The Rolls Lady Justice Hale Lord Justice Latham Human Rights, Health The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient's rights were not infringed. It recognised the potential damage from seclusion, and therefore the need for proper systems for its use. The Special Hospitals had sought to operate their own procedures, reflecting their own needs. Seclusion infringes Article 8 unless it can be justified under Article 8(2). Seclusion of a detained psychiatric patient was capable of amounting to a breach of Article 3. Ashworth were not entitled to treat as being in seclusion a large number of patients who are not in fact secluded as defined by the Code of Practice and then depart from the Code of Practice in relation to a group which was defined solely by reference to how long its members have been secluded. Airedale were not justified in keeping Mr S in seclusion from the time when it ceased to be a necessary and proportionate response to the risk he presented to others. European Convention on Human Rights 3 8 - Mental Health Act 1983 118 1 Cites 1 Citers [ Bailii ] Â AE and FE -v- Secretary of State for the Home Department [2003] EWCA Civ 1032; Times, 25 July 2003; C1/2003/0047; [2003] INLR 475; [2004] QB 531 16 Jul 2003 CA Lord Justice Ward Lord Justice Simon Brown Lord Philips Of Worth Matravers MR Immigration, Human Rights The appellants challenged orders denying them asylum status. The result would be to require them to return home but subject to relocation within a different geographical area. Held: For the purposes of considering refugee status, the conditions to which they would be returned in a different area were not relevant. They might become relevant when considering whether the return would infringe the claimants human rights, because they would not enjoy the basic notions of civil political and socio-economic human rights. The court emphasised the need to distinguish between: "(1) the right to refugee status under the Refugee Convention; (2) the right to remain by reason of rights under the Human Rights Convention; and (3) consideration to the grant of leave to remain for humanitarian reasons." and "Consideration of the reasonableness of internal relocation should focus on the consequences to the asylum seeker of settling in the place of relocation instead of his previous home (in context that means his home in his country of origin, rather than the place at which he has been living while his application was considered and decided). If it would be "unduly harsh" for the individual applicant to be relocated in a different part of his own country of origin, it would then normally follow that refugee status should be granted." 1 Cites 1 Citers [ Bailii ] Â Bottaro -c- Italie 56298/00; [2003] ECHR 368; [2003] ECHR 368 17 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Craxi (No. 2) 25337/94; [2003] ECHR 369; [2003] ECHR 369 17 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to release of transcripts into the public domain ; Violation of Art. 8 with regard to reading out of transcripts at trial ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award It was a violation of the claimant's Article 8 rights to play, even in court in the course of a prosecution for corruption, covertly recorded private telephone conversations. European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Del Sole -v- Italy 36254/97 17 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â D'Ottavi -v- Italy 33113/96 17 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings Â Luordo -c- Italie 32190/96; [2003] ECHR 372; [2003] ECHR 372 17 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Onorato Ricci -v- Italy 32385/96 17 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â BP, Regina (on the Application Of) -v- Secretary of State for the Home Department [2003] EWHC 1963 (Admin) 17 Jul 2003 Admn Prisons, Human Rights [ Bailii ] Â Perry -v- The United Kingdom 63737/00; Times, 26 August 2003; [2003] ECHR 375; (2004) 39 EHRR 3 17 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage - financial award The claimant had been arrested, then released to attend an identification parade. Several attempts failed, then with senior officer's consent he was video taped on his next visit to the police station. The tape was used to identify him, and led to his conviction. The use was outside the Codes of Practice. Held: The covert surveillance was an infringement of his human rights. It was not in accordance with law, and there had been no expectation of being videoed in this way. Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage - financial award European Convention on Human Rights 8.2 1 Citers [ Bailii ] - [ Bailii ] Â Mellors -v- The United Kingdom 57836/00; Times, 04 August 2003; [2003] ECHR 373; [2003] ECHR 373 17 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings The complainant sought to pursue an appeal against his conviction for rape, but the delay of over three years in hearing the appeal led to this complaint. Held: The failure to determine an appeal within a reasonable time could be a breach of the applicant's Art 6 rights. Reasonableness was to be determined in the context of each case, looking at the complexity of the case and its importance to the parties. Here the case was clearly important to the applicant, and there had been complexities with forensic and other evidence, but none were exceptional. The case had not been dealt with within a reasonable time. European Convention on Human Rights 6 [ Bailii ] - [ Bailii ] Â Del Sole -v- Italy 36254/97; [2003] ECHR 371 17 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Rosati -v- Italy 55725/00; [2003] ECHR 376; [2003] ECHR 376 17 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings [ Bailii ] - [ Bailii ] Â D'Ottavi -v- Italy 33113/96; [2003] ECHR 370; [2003] ECHR 370 17 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings [ Bailii ] - [ Bailii ] Â Traino -v- Italy 33692/96; [2003] ECHR 377; [2003] ECHR 377 17 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Onorato Ricci -v- Italy 32385/96; [2003] ECHR 374; [2003] ECHR 374 17 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Traino -v- Italy 33692/96 17 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Rosati -v- Italy 55725/00 17 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings Â Robertson, Regina (on the Application of) -v- Experian Ltd and Another (2) [2003] EWHC 1760 (Admin); Times, 11 August 2003 21 Jul 2003 Admn Maurice Kay J Elections, Information, Human Rights The claimant sought a judicial review of the regulations allowing sale of the electoral role by local government bodies to registered credit reference agencies. An adjournment was refused, and the case proceeded in his absence. Held: The earlier case had successfully challenged the earlier regulations because they allowed the sale of electoral registers for marketing purposes. The new regulations restricted sales to appropriate and registered credit reference agencies for the prevention of fraud and similar purposes. Any interference in the claimant's was small and justified and proportionate given that wider social aim. Representation of the People (England and Wales) (Amendment) Regulations 2002 (2002 No 1871) 114 1 Cites 1 Citers [ Bailii ] Â J T -v- Hungary 44608/98; [2003] ECHR 385 22 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Hyvonen -v- Finland 52529/99; [2003] ECHR 384; [2003] ECHR 384 22 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Edwards and Lewis -v- The United Kingdom Times, 29 July 2003; 40461/98; 39647/98; [2003] ECHR 381; [2003] ECHR 381; [2011] ECHR 2267 22 Jul 2003 ECHR Human Rights, Criminal Practice (Commission) The claimants said that the procedures used to secure their convictions amounted to entrapment, and that UK criminal procedures did not give sufficient protection so as to provide a fair trial. One was arrested with heroin, and the other in the company of an undercover officer in possession of forged currency. Each was later convicted. The prosecution had applied for and been granted permission to withhold evidence. Held: The court must examine the procedures in each case to make sure the defendants' rights were protected. In a criminal system, it was essential that an adversarial equality of arms between prosecution and defence must be maintained. Whether it was necessary for particular items to be witheld was for the national courts to determine, and the instant court could only look at the procedure followed. Here the undisclosed evidence may have related to an undisclosed issue of fact relevant to the case was decided by the judge. The procedure failed to allow the defence the adversial opportunity to test evidence, and was unfair, and infringed the defendants' rights. However the failures in these circumstances were not sufficient to justify an award of damages or otherwise. Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings European Convention on Human Rights A-1 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Sunnetci -v- Turkey 28632/95 22 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â J T -v- Hungary 44608/98 22 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Â Pascal Coste -c- France 50632/99; [2003] ECHR 387; [2003] ECHR 387 22 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Biskupska -v- Poland 39597/98 22 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Biskupska -v- Poland 39597/98; [2003] ECHR 379; [2003] ECHR 379 22 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Sunnetci -v- Turkey 28632/95; [2003] ECHR 390; [2003] ECHR 390 22 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â YF -v- Turkey 24209/94; [2003] ECHR 391; (2004) 39 EHRR 34 22 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings 1 Citers [ Bailii ] - [ Bailii ] Â Quark Fishing Ltd, Regina (on the Application Of) -v- Secretary of State for Foreign & Commonwealth Affairs [2003] EWHC 1743 (Admin) 22 Jul 2003 Admn Collins J Licensing, Agriculture, Human Rights The respondent had failed to renew the claimant's license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages. Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private law cause of action, which may be for breach of statutory duty or at common law. The claimant sought to bring its claim within the 1998 Act, saying the convention requires a state to give rights to those within their jurisdiction, but the ambit of the Act had not been extended to South Georgia, and so no action arose. A licence to carry out an economic activity could amount to a possession within the meaning of Article 1PI. Convention on the Conservation of Antarctic Marine Living Resources - Human Rights Act 1998 7 - European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] Â Ayse Tepe -c- Turquie 29422/95; [2003] ECHR 378; [2003] ECHR 378 22 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ozgur Kilic -c- Turquie 42591/98; [2003] ECHR 386; [2003] ECHR 386 22 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gabarri Moreno -c- Espagne 68066/01; [2003] ECHR 383; [2003] ECHR 383 22 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Esen -c- Turquie 29484/95; [2003] ECHR 382; [2003] ECHR 382 22 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Y F -v- Turkey 24209/94 22 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Dickmann -c- Roumanie 36017/97; [2003] ECHR 380; [2003] ECHR 380 22 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sa Cabinet Diot Et Sa Gras Savoye -c- France 49217/99; [2003] ECHR 388 22 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Schmidtova -c- Republique Tcheque 48568/99; [2003] ECHR 389 22 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Yaz -c- Turquie 29485/95; [2003] ECHR 392; [2003] ECHR 392 22 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Zuili -c- France 46820/99; [2003] ECHR 393; [2003] ECHR 393 22 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sa Cabinet Diot And Sa Gras Savoye -v- France 49217/99;49218/99; [2003] ECHR 388 22 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Yoyler -v- Turkey 26973/95; [2003] ECHR 398 24 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Violation of Art. 8 and P1-1 ; Not necessary to examine Art. 6-1 ; Violation of Art. 13 ; No violation of Art. 14 ; No violation of Art. 18 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Worldlii ] - [ Bailii ] Â Karner -v- Austria (2003) 38 EHRR 528; 40016/98; (2003) 2 FLR 623; [2003] ECHR 395; [2003] Fam Law 724; [2004] 2 FCR 563; 14 BHRC 674; [2004] 38 EHRR 24 24 Jul 2003 ECHR C.L. ROZAKIS, P Human Rights, Housing, Discrimination 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 unmarried different-sex partners and unmarried same-sex partners, and that that view is supported by recommendations and legislation of European institutions". Held: The claim succeeded. As to the margin of appreciation the ECHR stated: "The Court can accept that protection of the family in the traditional sense is, in principle, a weighty and legitimate reason which might justify a difference in treatment. It remains to be ascertained whether, in the circumstances of the case, the principle of proportionality has been respected. The aim of protecting the family in the traditional sense is rather abstract and a broad variety of concrete measures may be used to implement it. In cases in which the margin of appreciation afforded to Member States is narrow, as [is] the position where there is a difference in treatment based on sex or sexual orientation, the principle of proportionality does not merely require that the measure chosen is in principle suited for realising the aim sought. It must also be shown that it was necessary to exclude persons living in a homosexual relationship from the scope of [the relevant provision] of the Rent Act in order to achieve that aim." The court expressly did not decide whether the applicant's case fell within the scope of 'family life' or 'private life'. European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Smirnova -v- Russia 46133/99; 48183/99 24 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1+5-3 ; Violation of Art. 6-1 ; Violation of Art. 8 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Ryabykh -v- Russia 52854/99; [2003] ECHR 396; (2005) 40 EHRR 25 24 Jul 2003 ECHR Human Rights, Litigation Practice The entrenched rights of a litigant would be illusory if a judicial decision by an independent body which had become final and binding could thereafter be quashed by a higher court on the application of a state official. A departure from that principle is justified only when made necessary by circumstances of a substantial and compelling character. Held: The supervisory review procedure within Russia was incompatible with Article 6-1. European Convention on Human Rights6-1 1 Citers [ Worldlii ] - [ Bailii ] Â Yoyler -v- Turkey 26973/95 24 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Violation of Art. 8 and P1-1 ; Not necessary to examine Art. 6-1 ; Violation of Art. 13 ; No violation of Art. 14 ; No violation of Art. 18 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Smirnova -v- Russia 46133/99 ; 48183/99 24 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1+5-3 ; Violation of Art. 6-1 ; Violation of Art. 8 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Rowe -v- Kingston-Upon-Hull City Council and Another [2003] EWCA Civ 1281; [2003] ELR 771 24 Jul 2003 CA Limitation, Negligence, Human Rights The claimant sought damages for a breach of duty by his teachers which had happened before 1991. He argued that 3(1) of the HRA should affect the construction of section 14(1) of the 1980 Act. Limitation Act 1980 14 33 - Human Rights Act 1980 14(1) 1 Citers [ Bailii ] Â Smirnova -v- Russia 46133/99;48183/99; [2003] ECHR 397 24 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Yusuf Kaya -c- Turquie 28018/95; [2003] ECHR 399; [2003] ECHR 399 24 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gur -c- Turquie 35983/97; [2003] ECHR 394; [2003] ECHR 394 24 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Smirnova -v- Russia 46133/99; [2003] ECHR 397 24 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Regina -v- R (Sentencing: Extended licences) Times, 04 August 2003 25 Jul 2003 CACD Kennedy LJ, Pitchers J Criminal Sentencing, Human Rights The imposition of an extended period of licence in respect of offences committed before 1992 did not infringe the defendant's human rights. The defendant had been convicted of offences from 1976 and 1982. The commencement date for the 1991 Act was 1 October 1992. Held: The true nature of the provision was preventive, to ensure that some control was retained over a sex offender released early on licence, rather than punitive. The JT case had been decided without full reference to reported cases and was given per incuriam. Powers of Criminal Courts (Sentencing) Act 2000 86 - European Convention on Human Rights A-7 - Criminal Justice Act 1991 44 1 Cites Â Brown -v- The United Kingdom 52770/99; [2003] ECHR 401; [2003] ECHR 401 29 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Nowakowski -v- Poland 71009/01; [2003] ECHR 407; [2003] ECHR 407 29 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â M M and E M M -v- Poland 76158/01; [2003] ECHR 405; [2003] ECHR 405 29 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Beumer -v- The Netherlands 48086/99; [2003] ECHR 400; [2003] ECHR 400 29 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Price And Lowe -v- The United Kingdom 43185/98; [2003] ECHR 409; 43186/98 29 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Brown -v- The United Kingdom 52770/99 29 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Mikulska -v- Poland 8205/02 29 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Nowakowski -v- Poland 71009/01 29 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Mikulska -v- Poland 8205/02; [2003] ECHR 406; [2003] ECHR 406 29 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Beumer -v- The Netherlands 48086/99 29 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Price and Lowe -v- The United Kingdom 43186/98 29 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Z W -v- The United Kingdom 34962/97; [2003] ECHR 412; [2003] ECHR 412 29 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â M M and E M M -v- Poland 76158/01 29 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Z W -v- The United Kingdom 34962/97 29 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Santoni -c- France 49580/99; [2003] ECHR 410; [2004] ECHR 243; [2003] ECHR 410 29 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Regina -v- Shayler [2003] EWCA Crim 2218 29 Jul 2003 CACD Lord Justice Kennedy Mr Justice Bennett Mr Justice Cresswell Crime, Human Rights The defendant appealed against his conviction, saying the restrictions placed upon him in conducting his defence because the fact that he had been a member of the secret services, meant that he had been unable to conduct his defence properly, with witnesses giving evidence from behind screens, and documents being withheld. Held: The appeal failed. Disclosures would have risked the safety of the individuals involved and national security: "the judge was careful to evaluate and to give weight to any possible prejudice, and the cross-examination by the applicant was only restricted in accordance with well established principle and to the extent that it would have been restricted if the applicant had been represented by counsel. As we have indicated, we see no reason to conclude that the judge failed to have regard to the cumulative effect of his decisions, and we reject the contention that the regime which he imposed was disproportionate. Indeed, as we have demonstrated, the rulings he made only went as far in the circumstances they had to go. " European Convention on Human Rights 6 - Official Secrets Act 1920 8(4) - Official Secrets Act 1989 11(4) - Crown Court Rules 1982 24A 1 Cites 1 Citers [ Bailii ] Â Loyen -c- France 43543/98; [2003] ECHR 404; [2003] ECHR 404 29 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cervenakova Et Autres -c- Republique Tcheque 40226/98; [2003] ECHR 402; [2003] ECHR 402 29 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Price And Lowe -v- The United Kingdom 43185/98; [2003] ECHR 409 29 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Liuba -c- Roumanie 31166/96; [2003] ECHR 403; [2005] ECHR 113; [2005] ECHR 113; [2003] ECHR 403 29 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Toktas -c- Turquie 38382/97; [2003] ECHR 411; [2003] ECHR 411 29 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Poilly -c- France 68155/01; [2003] ECHR 408; [2003] ECHR 408 29 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina on the Application of Uttley -v- Secretary of State for the Home Department [2003] EWCA Civ 1130; Times, 04 August 2003; [2003] 1 WLR 2590 30 Jul 2003 CA Lord Justice Pill Lord Justice Longmore Mr Justice Maurice Kay Criminal Sentencing, Human Rights Licence conditions imposed at the time of sentence would restrict the defendant after he had served his sentence and been released, and so operated as a heavier penalty, and section 33(1) was incompatible with the defendant's Art 7.1 rights. Held: Before the 1991 Act, a prisoner was entitled to release after serving the necessary part of his sentence without additional conditions. Provisions for early release were part of the sentence, and were punitive in nature. Whether punitive or preventive, they operated to restrict the defendant. Pill LJ said: "In my judgment the licence is plainly a part of the sentence originally imposed by the sentencing judge . . While licence conditions vary and in some cases will be more onerous than in others, it is not and cannot be disputed that conditions will inevitably be imposed which are impediments upon the offender's freedom of action . . Arguments that the purpose of the licence procedures is rehabilitative and preventative, as undoubtedly in part they are, do not detract from their onerous nature viewed as part of the sentence. Whatever the purpose, the effect is onerous." Criminal Justice Act 1991 33(2) - European Court of Human Rights A-7.1 1 Cites 1 Citers [ Bailii ] Â Ewing -v- Security Service [2003] EWHC 2051 (QB) 30 Jul 2003 QBD Douglas Brown J Police, Litigation Practice, Human Rights Regulation of Investigatory Powers Act 2000 65(2)(a) [ Bailii ] Â Gatti and Others -v- Italy 59454/00 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Miscioscia -v- Italy 58408/00 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Mihov -v- Bulgaria 35519/97 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Violation of Art. 5-4 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Herbolzheimer -c- Allemagne 57249/00; [2003] ECHR 423; [2003] ECHR 423 31 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â L B and Others -v- Italy 46471/99 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (frinedly settlement) Â Doran -v- Ireland 50389/99 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Marigliano -v- Italy 60388/00 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Kepenerov -v- Bulgaria 39269/98 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Al Akidi -v- Bulgaria 35825/97 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Hristov -v- Bulgaria 35436/97 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Demades -v- Turkey 16219/90 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objections dismissed (ratione temporis, ratione loci, victim, exhaustion of domestic remedies) ; Violation of Art. 8 ; Violation of P1-1 ; Not necessary to examine Art. 13 ; Just satisfaction reserved ; Costs and expenses award - Convention proceedings Â Kraszewski -v- Italy 64151/00; [2003] ECHR 426; [2003] ECHR 426 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Guerrera and Fusco -v- Italy (Re-v-) 40601/98 31 Jul 2003 ECHR Human Rights Hudoc Non-pecuniary damage - financial award ; Costs and expenses partial award Â Fezia and Others -v- Italy 60464/00 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Ramazan Sari -c- Turquie 41926/98; [2003] ECHR 432; [2003] ECHR 432 31 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina (Smith) -v- Parole Board (No 2) Times, 02 September 2003; Gazette, 11 September 2003; [2003] EWCA Civ 1269; [2003] 1 WLR 2548; Gazette, 02 October 2003; [2004] 1 WLR 421 31 Jul 2003 CA Kennedy, Brooke LJJ, Holman J Prisons, Human Rights The applicant having been released on licence had his licence revoked. The decision had been made at a hearing which considered evidence on paper only, which he said was unfair. Held: The case law had maintained a proper distinction between the determination of a criminal charge and otherwise. The first required an oral hearing for fairness, but otherwise not. A recall operated within a situation where the licensee was already subject to the sentence and conditions of his licence.The Parole Board was assessing prospective risk and probabilities, and it was not an area susceptible of proof beyond reasonable doubt. There had been no request for an oral hearing in this case, and the claimant was entitled to submit written representations. There was no unfairness. European Convention on Human Rights 5.1 6.1 - Criminal Justice Act 1991 39(1) 1 Cites 1 Citers [ Bailii ] Â Bushell and Others, Regina (on the Application of) -v- Newcastle Licensing Justices and others [2003] EWHC 1937 (Admin); Times, 01 September 2003 31 Jul 2003 Admn The Honourable Mr Justice Owen Licensing, Human Rights The claimants objected to a forced transfer of an unused justices on-line for the benefit of the licencee applicants. The licensees had first been refused a licence for certain premises, but then requested and were given transfer of an obsolete licence for nearby premises. The claimants, neighbours, asserted an infringement of their human rights. Held: The purpose behind the application for the special removal of the on-licence so as to allow a grant to themselves was not an abuse of process. The removal of a licence might infringe the rights of the claimants as neighbours under article 8. the proceedings were a determination of those rights under article 6, but to the extent that it did, any such interference was proportionate. Remedies and protections were provided. Licensing Act 1964 15 - European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] Â Â Giles, Regina (on the Application of) -v- Parole Board and Another; HL 31-Jul-2003 - [2004] 1 AC 1; [2003] UKHL 42; Times, 01 August 2003; [2003] 3 WLR 736; [2003] UKHRR 1035; [2003] 4 All ER 429; [2003] HRLR 37 Â JD, MAK and RK, RK and Another -v- East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal [2003] EWCA Civ 1151; Times, 21 August 2003; [2003] 3 FCR 1; [2003] 4 All E R 796; [2004] QB 558 31 Jul 2003 CA Lady Justice Hale Lord Justice Latham Lord Phillips Of Worth Matravers, Mr Torts - Other, Professional Negligence, Human Rights Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not 'fair just and reasonable' to impose such a duty. The appellants sought to distinguish X v Bedfordshire in different ways. Held: The appeals concerned a fundamental aspect of the law of negligence. The courts would not extend the duty of care unless it was 'fair just and reasonable.' No infringement or article 6 was involved in that decision. Human rights law as regards the infringement of the right to family life would require investigation of the individual facts, and was an extension of the pre-existing law, but that could not assist parties affected by acts predating the Human Rights Act. For claims by children there would always be conflicting interests, but for parents their interests would always be for the child to stay with them. Therefore there would be no investigation of the facts of their circumstances required, and no claim. European Convention on Human Rights 6 8.1 1 Cites 1 Citers [ Bailii ] Â Â London Borough of Harrow -v- Qazi; HL 31-Jul-2003 - [2003] UKHL 43; Times, 01 August 2003; [2003] 3 WLR 792; Gazette, 02 October 2003; [2004] 1 AC 983; [2004] L & TR 9; [2003] 4 All ER 461; [2003] 3 EGLR 109; [2003] Fam Law 875; [2003] 2 FLR 973; [2004] 1 P & CR 19; [2003] HLR 75; [2003] HRLR 40; [2003] 3 FCR 43; [2003] UKHRR 974; [2003] NPC 101 Â Eugenia Michaelidou Developments Ltd and Michael Tymvios -v- Turkey 16163/90 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objections dismissed (ratione temporis, ratione loci, victim, exhaustion of domestic remedies) ; Violation of P1-1 ; Not necessary to examine Art. 14 ; Not necessary to examine Art. 8 ; Just satisfaction reserved ; Costs and expenses award - Convention proceedings Â Doran -v- Ireland 50389/99; [2003] ECHR 417; [2003] ECHR 417; [2011] ECHR 2161 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] - [ Bailii ] Â Battistoni -v- Italy 66920/01; [2003] ECHR 414 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Ferroni Rossi -v- Italy 63408/00; [2003] ECHR 419 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ worldlii ] - [ Bailii ] Â (Un-named) 62020/00; [2003] ECHR 428 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â De Tempesti Chiesi and Chiesi -v- Italy 62000/00; [2003] ECHR 434 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Worldlii ] - [ Bailii ] Â De Fezia and Others -v- Italy 60464/00; [2003] ECHR 420 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Worldlii ] - [ Bailii ] Â De Marigliano -v- Italy 60388/00; [2003] ECHR 429 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Worldii ] - [ Bailii ] Â De Gennaro -v- Italy 59634/00; [2003] ECHR 415; [2003] ECHR 415 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Gatti and Others -v- Italy 59454/00; [2003] ECHR 421; [2003] ECHR 421 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Miscioscia -v- Italy 58408/00; [2003] ECHR 431 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) The applicant asserted that his rights had been infringed by the prolonged delay in returning to him possession of an apartment he had let. It had taken from 1993 to April 2001 to complete the judicial proceedings. Held: The court had no reason to differentiate between this and earlier similar cases, and found a breach, but he claimant still had the right to pursue an action for rent arrears and that part of the claim was not established. European Convention on Human Rights P1A1 6 1 Cites [ Worldlii ] - [ Bailii ] Â De Gennaro -v- Italy 59634/00 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â L B and Others -v- Italy 46471/99; [2003] ECHR 427 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Worldlii ] - [ Bailii ] Â Tempesti Chiesi and Chiesi -v- Italy 62000/00 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Kepenerov -v- Bulgaria 39269/98; [2003] ECHR 425; [2003] ECHR 425 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Sociedade Agricola Do Peral S.A. Et Autre -c- Portugal 55340/00; [2003] ECHR 433; [2003] ECHR 433 31 Jul 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mihov -v- Bulgaria 35519/97; [2003] ECHR 430; [2003] ECHR 430 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Hristov -v- Bulgaria 35436/97; [2003] ECHR 424; [2003] ECHR 424 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Demades -v- Turkey 16219/90; [2003] ECHR 416; [2008] ECHR 331; [2003] ECHR 416 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] - [ Bailii ] Â Eugenia Michaelidou Developments Ltd and Michael Tymvios -v- Turkey 16163/90; [2003] ECHR 418; [2008] ECHR 329; [2003] ECHR 418 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] - [ Bailii ] Â La Paglia -v- Italy 62020/00 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â K -v- London Borough of Lambeth [2003] EWCA Civ 1150 31 Jul 2003 CA Lord Phillips Of Worth Matravers, Mr Lord Justice Judge And Lord Justice Kay Housing, Benefits, Immigration, Human Rights The claimant appealed against refusal of judicial review. She had entered the UK, and applied for asylum. She was then found to have contracted a marriage of convenience, and thus become ineligible for support. She appealed and now sought housing assistance pending decision on her removal. The authority refused assistance on the basis that she was wife of an EU national, but she was to be removed because that marriage was not genuine. Held: An asylum seeker is not to be equated with a foreign national seeking to establish a right of residence. Having abandoned the asylum aplication, the court could not make an decision assuming she could not return to her country of origin. Strasbourg jurisprudence does not require a claimant, seeking entry for family reasons, to be permitted to enter, or to remain here on public support, pending the resolution of her disputed claim. She had in the past demonstrated the ability to support herself, and the judge's finding that she might do so again was not irrational. Nationality Immigration and Asylum Act 2002 2 1 Cites [ Bailii ] Â Ferroni Rossi -v- Italy 63408/00 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Al Akidi -v- Bulgaria 35825/97; [2003] ECHR 413; [2003] ECHR 413 31 Jul 2003 ECHR Human Rights, Criminal Practice Hudoc Judgment (Merits and just satisfaction) The applicant asserted infringement of his rights by virtue of his detention before trial. He was arrested and detained in 1993, but his case was not concluded until 1997, with appeals running through to 1997. Held: Suspicion is a sine qua non of detention pending trial, but after a certain period it is unsufficient. Continued detenetion over a long period of time awaiting trial requires special care to ensure the detention is justified. European Convention on Human Rights 5.3 6.1 1 Cites [ Bailii ] - [ Bailii ] Â Kraszewski -v- Italy 64151/00 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Battistoni -v- Italy 66920/01 31 Jul 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â A, Regina (on the Application of) -v- Harrow Crown Court and others [2003] EWHC 2020 (Admin) 14 Aug 2003 Admn The Honourable Mr Justice Stanley Burnton Health, Human Rights The applicant sought his release from detention in hospital, correction of records at the Crown Court, and confirmation that his detention had infringed his human rights. He had been accused of two assaults, but was found unfit to plead under section 4 by a jury. He was however later made subject to the s37 order. Held: Following Fairley, the court did not have power to make the order it had. However the earlier order remained valid until revoked. Offences Against the Persons Act 1861 16 - Criminal Procedure (Insanity) Act 1964 4 - Mental Health Act 1983 31 1 Cites [ Bailii ] Â CC327092001 (Unreported) [2003] UKAITUR CC327092001 27 Aug 2003 AIT Immigration, Human Rights Appeal against refusal fo asylum application: "The Adjudicator found that the appellant was credible but that he could be safely returned to the Kurdish Autonomous Area. The grounds of appeal are before us and attack this finding. The grounds also attack the failure of the Adjudicator to consider properly the position under the Human Rights Act." [ Bailii ] Â Ranson -v- The United Kingdom 14180/03 - HEDEC; [2003] ECHR 729 2 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Guichard -v- France 56838/00; [2003] ECHR 714 2 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â O'Reilly And Others -v- Ireland 54725/00 - HEDEC; [2003] ECHR 723; [2002] ECHR 860 4 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Jones -v- The United Kingdom; ECHR 9-Sep-2003 - 30900/02; [2003] ECHR 713; (2003) 37 EHRR CD269 Â Glod -v- Roumanie 41134/98; [2003] ECHR 436; [2003] ECHR 436; [2011] ECHR 613 16 Sep 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim) ; Violation of Art. 6-1 ; Not necessary to examine P1-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] - [ Bailii ] Â Stockholms Forsakrings OCH SKADESTANDSJURIDIK AB v. SWEDEN - 38993/97; [2003] ECHR 438 16 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Skawinska -v- Poland 42096/98; [2003] ECHR 437; [2003] ECHR 437 16 Sep 2003 ECHR Human Rights, Criminal Practice The applicant complained that criminal proceedings against her in Poland had not been concluded within a reasonable time. The proceedings began in 1992, and were concluded only in 2000. The respondent contended that in large part the delays were of the claimant's making. Held: Substantial delays did in fact lay at the door of the defendant, and in the light of the criteria set out in Comingersoll, the delay was unreasonable and the applicant's human rights were violated. European Convention on Human Rights 6.1 1 Cites [ Bailii ] - [ Bailii ] Â B R -v- Poland 43316/98; [2003] ECHR 435; [2003] ECHR 435 16 Sep 2003 ECHR Human Rights, Criminal Practice Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award The claimant complained that the criminal proceedings against him had exceeded a reasonable time period. He was charged in 1994, and proceedings had not been yet concluded. Held: Regarding the criteria set down, this was not a complex case, and the periods of inactivity had not been short. The reasonable period had been exceeded, and the applicant's human rights violated. European Convention on Human Rights 6.1 1 Cites [ Bailii ] - [ Bailii ] Â Stockholms Forsakrings- Och Skadestandsjuridik Ab -v- Sweden 38993/97; [2003] ECHR 438 16 Sep 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of P1-1 ; No violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - financial award ; Costs and expenses partial award The claimant company alleged that its human rights had been violated in that it had been ordered to pay the costs of a bankruptcy proceedings which had been quashed as invalid, and had been given no opportunity to challenge the order. Held: The claimant had exhausted the national court procedures. The deduction had been made in accordance with national law. However, the applicant’s obligation to defray part of the bankruptcy costs was wholly unjustifiable. Even having regard to the limited amount of money involved, the deprivation of its assets was not proportionate to the “public interest”. A6.1 was not breached because there was no sufficient 'right' in existence. European Convention on Human Rights 6.1 1 Cites [ Bailii ] Â Sandhu, Regina (on the Application Of) -v- Secretary of State for the Home Department [2003] EWHC 2152 (Admin); Times, 26 September 2003 16 Sep 2003 Admn Mr George Bartlett QC (Sitting as a Deputy High Court Judge) Immigration, Human Rights The claimant challenged the refusal of a right to appeal against the decision refusing hs asylum appeal. He had failed to attend two hearings. The respondent gave his certificate under section 73 that in his opinion the only purpose of the appeal was to delay removal. Held: The correct approach was to to treat it as providing that "the claimant had no other legitimate purpose at this stage" The claimant had already disclosed and had heard each point, it was possible for the respondent's certificate to be correct. However the respondent had not given reasons for his decision, and it could not be concluded that delay was the only possible reason for the application. Immigration and Asylum Act 1999 73(8) - European Convention on Human Right 8 1 Cites 1 Citers [ Bailii ] Â Racinet -c- France 53544/99; [2003] ECHR 449; [2003] ECHR 449 23 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kledzic -v- Poland 75098/01; [2003] ECHR 448; [2003] ECHR 448 23 Sep 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Chudyba -v- Poland 71621/01; [2003] ECHR 441; [2003] ECHR 441 23 Sep 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Bektas -c- Turquie 41000/98; [2003] ECHR 439; [2003] ECHR 439 23 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â C.R. -c- France 42407/98; [2003] ECHR 440; [2003] ECHR 440 23 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cohen Et Smadja -c- France 53607/99; [2003] ECHR 442; [2003] ECHR 442 23 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Dumas -c- France 53425/99; [2003] ECHR 444; [2003] ECHR 444 23 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gorecka -v- Poland 73009/01; [2003] ECHR 445; [2003] ECHR 445 23 Sep 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Janowski -v- Poland (No 2) 49033/99; [2003] ECHR 446 23 Sep 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Sellier -c- France 60992/00; [2003] ECHR 450; [2003] ECHR 450 23 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sophia Gudrun Hansen -v- Turkey 36141/97; [2004] 1 FLR 142; [2003] ECHR 451; [2003] ECHR 451 23 Sep 2003 ECHR Human Rights, Children Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings "Although measures against children obliging them to re-unite with one or other parent are not desirable in this sensitive area, such action must not be ruled out in the event of non-compliance or unlawful behaviour by the parent with whom the children live." European Convention on Human Rights 8 1 Citers [ Bailii ] - [ Bailii ] Â Degirmenci and Others -v- Turkey 31879/96; [2003] ECHR 443; [2003] ECHR 443 23 Sep 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Temel Et Autres -c- Turquie 36203/97; [2003] ECHR 452; [2003] ECHR 452 23 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina (T) -v- the Secretary of State for the Home Department; similar [2003] EWCA Civ 1285; Times, 09 October 2003; (2003) 7 CCLR 53 23 Sep 2003 CA Lord Justice Kennedy Lord Justice Sedley Lord Justice Peter Gibson Immigration, Benefits, Human Rights The claimant asylum seeker had been refused benefits having failed to declare his application on entry. The Secretary now appealed a finding that the decision was flawed. Was the treatment of the applicant inhuman or degrading? Held: No simple test could be laid down, and each case is to be considered individually. The appeal court, having seen al the evidence was in a position to judge the situation just as much as was the judge at first instance. The conclusion reached did not follow from the evidence, and was set aside. It was not possible to find inhuman or degrading treatment in the circumstances of this case. Nationality, Immigration and Asylum Act 2002 55 - European Convention on Human Rights 3 1 Cites 1 Citers [ Bailii ] Â Karkin -c- Turquie 43928/98; [2003] ECHR 447; [2003] ECHR 447 23 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bayle -c- France 45840/99; [2003] ECHR 453; [2003] ECHR 453 25 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Vasileva -v- Denmark 52792/99; [2003] ECHR 457; [2003] ECHR 457; [2011] ECHR 2121 25 Sep 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Non-pecuniary damage - financial award ; Costs and expenses award - domestic proceedings ; Costs and expenses (Convention proceedings) - claim rejected [ Bailii ] - [ Bailii ] - [ Bailii ] Â Satik -v- Turkey 36961/97; [2003] ECHR 456; [2003] ECHR 456 25 Sep 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) The complaint was that the detention of the complainant had been too lengthy following his arrest after political papers had been found. The parties had reached a friendly settlement, and the case was struck out. [ Bailii ] - [ Bailii ] Â Pages -c- France 50343/99; [2003] ECHR 455; [2003] ECHR 455 25 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Caralan -v- Turkey 27529/95; [2003] ECHR 454; [2003] ECHR 454 25 Sep 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) The complaint was that her human rights had been infringed by the delay in bringing her case to trial, and that the conviction under anti-terrorist laws infringed her rights of free expression. She had been editor of a newspaper critical of the government. The Turkish government had since amended the law better to comply with the Convention, and offered compensation. The matter was concluded by friendly settlement. [ Bailii ] - [ Bailii ] Â Loyen -c- France (NÂ° 2) 46022/99; [2003] ECHR 460; [2003] ECHR 460 30 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Todorescu -c- Roumanie 40670/98; [2003] ECHR 463; [2003] ECHR 463 30 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Koua Poirrez -v- France 40892/98; [2003] ECHR 459; [2003] ECHR 459; [2010] ECHR 1423 30 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Sienkiewicz -v- Poland 52468/99; [2003] ECHR 461 30 Sep 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award. [ Bailii ] - [ Bailii ] Â Theiszler -v- Hungary 52727/99; [2003] ECHR 462; [2003] ECHR 462 30 Sep 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Theiszler -v- Hungary 52727/99 30 Sep 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Beladina -c- France 49627/99; [2003] ECHR 458; [2003] ECHR 458 30 Sep 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Evans -v- Amicus Healthcare Ltd and others; Hadley -v- Midland Fertility Services Ltd and Others Times, 02 October 2003; [2003] EWHC 2161 (Fam); Gazette, 16 October 2003; [2004] 2 WLR 713 1 Oct 2003 FD Wall J Health, Human Rights The claimants and their former partners had undergone fertility treatment resulting in frozen embryos being kept pending possible implantation. The relationship had in each case failed, and the potential fathers had refused consent, but the claimants sought to be allowed to have the eggs implanted. Held: Permission was refused. The father's consent was required to be continuing, and that was absent. Treatment was to a couple 'together'. The Act gave an unconditional right for either party to withdraw consent, and that right continued until implantation. The consents originally given were no longer valid. There was no breach of the claimants' article 8 rights, since the act served a legitimate purpose. The male was not given a veto, but each had equal rights, and no estoppel could be established. Human Fertilisation and Embryology Act 1990 12 - European Convention on Human Rights 8 12 14 1 Citers [ Bailii ] Â Watts, Regina (on the Application of) -v- Bedford Primary Care Trust and others Times, 03 October 2003; [2003] EWHC 2228 (Admin); [2003] EWHC 2401 (Admin); Gazette, 16 October 2003; [2006] 1 QB 667 1 Oct 2003 Admn Munby J Health, European, Human Rights The claimant sought hip-replacement treatment. She was first told that she would have to wait a year. As her lawyers pressed the respondent, she looked at obtaining treatment in France. As she decided to take the treatment, the respondent reduced the waiting time to four months. She sought judicial review, and to recover the cost of the treatment. Held: The claimant had no remedy in domestic law. The respondent could refuse the certificate which would allow her to recover the cost for lack of medical necessity only if the the same treatment could be offered locally without an undue waiting time. In this case, the one year wait was unreasonable, but the four months was not undue, and a certificate had been properly refused. Though the claimant failed on the particular facts, her argument was correct. European Convention on Human Rights 1 Cites [ Bailii ] - [ Bailii ] Â Ragone -v- Italy 67412/01; [2003] ECHR 473; [2003] ECHR 473 2 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Zarakolu -v- Turkey (No. 2) 37061/97; [2003] ECHR 467; [2003] ECHR 467 2 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Aysenur Zarakolu -v- Turkey (No 3) 37062/97; [2003] ECHR 468 2 Oct 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Kizilyaprak -c- Turquie 27528/95; [2003] ECHR 472; [2003] ECHR 472 2 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Eren Et Autres -c- Turquie 42428/98; [2003] ECHR 470; [2003] ECHR 470 2 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sabatini and Di Giovanni -v- Italy 59538/00; [2003] ECHR 474 2 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Bonamassa -v- Italy 65413/01; [2003] ECHR 469; [2003] ECHR 469 2 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Hennig -v- Austria 41444/98; [2003] ECHR 471; [2003] ECHR 471 2 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Andrea Corsi -v- Italy 42210/98; [2002] ECHR 549; [2003] ECHR 465; [2002] ECHR 554; [2003] ECHR 465 2 Oct 2003 ECHR Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Aysenur Zarakolu -v- Turkey (No 2) 37061/97 2 Oct 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Alfatli and Others -v- Turkey 32984/96; [2003] ECHR 464; [2003] ECHR 561; [2003] ECHR 561; [2003] ECHR 464; [2009] ECHR 1734 2 Oct 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement - partial) [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Santoro -c- Italie 67076/01; [2003] ECHR 475; [2003] ECHR 475 2 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Yevgeniy Kimlya, Aidar Sultanov And Church Of Scientology Of Nizhnekamsk V Russia 76836/01; [2003] ECHR 704; [2009] ECHR 1424 2 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Aysenur Zarakolu -v- Turkey (No 1) 37059/97; [2003] ECHR 466 2 Oct 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Kiche, Regina (on the Application Of) -v- Secretary of State for the Home Department [2003] EWHC 2355 (Admin) 3 Oct 2003 Admn Human Rights, Immigration [ Bailii ] Â Â Perotti -v- Collyer-Bristow (A Firm) and others; CA 6-Oct-2003 - [2003] EWCA Civ 1521; Times, 27 November 2003 Â Duriez COSTES v. FRANCE - 50638/99; [2003] ECHR 477 7 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Â Von Bulow -v- The United Kingdom; ECHR 7-Oct-2003 - 75362/01; [2004] ECHR 721; [2003] ECHR 478 Â Duriez-Costes -c- France 50638/99; [2003] ECHR 477 7 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Lloyd -v- Bow Street Magistrates Court [2003] EWHC 2294 (Admin); Times, 22 October 2003 8 Oct 2003 Admn Lord Justice Dyson and Mr Justice Jackson Human Rights, Criminal Practice The defendant had been convicted and made subect to a confiscation order in 1996. A final order for enforcement was made in late 2002. The defendant said the delay in the enforcement proceedings was a breach of his right to a trial within a reasonable time. Held: The reasonable time guarantee afforded by Article 6.1 does apply to proceedings before the magistrates court for the enforcement of a confiscation order. In this case a stay on the enforcement was ordered. European Convention on Human Rights 6.1 - Criminal Justice Act 1988 73(6) 1 Cites [ Bailii ] Â Lari -v- Italy 63336/00; [2003] ECHR 492; [2003] ECHR 492 9 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Demirtas -c- Turquie (NÂ° 1) 37048/97; [2003] ECHR 483; [2003] ECHR 483 9 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Acimovic -v- Croatia 61237/00; [2003] ECHR 481; [2003] ECHR 481 9 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Hager -c- France 56616/00; [2003] ECHR 491; [2003] ECHR 491 9 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gonulsen -c- Turquie 59649/00; [2003] ECHR 490; [2003] ECHR 490 9 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â A G -v- Italy 66441/01; [2003] ECHR 480 9 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Gaucher -c- France 51406/99; [2003] ECHR 488; [2003] ECHR 488 9 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Biozokat A.E. -c- Grece 61582/00; [2003] ECHR 482; [2003] ECHR 482 9 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sacik -c- Turquie 60847/00; [2003] ECHR 495; [2003] ECHR 495 9 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Slivenko -v- Latvia 48321/99; [2003] ECHR 498; [2003] ECHR 498; [2009] ECHR 2246 9 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Not necessary to examine Art. 14+8 ; No violation of Art. 5-1 ; Not necessary to examine Art. 5-4 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] - [ Bailii ] Â Robba -v- Italy 50293/99; [2003] ECHR 494 9 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses award - domestic proceedings ; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Serni -v- Italy 47703/99; [2003] ECHR 497; [2003] ECHR 497 9 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Notargiacomo -v- Italy 63600/00; [2003] ECHR 493; [2003] ECHR 493 9 Oct 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Sartorelli -v- Italy 42357/98; [2003] ECHR 496; [2003] ECHR 496 9 Oct 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â G A -v- Italy 40453/98; [2003] ECHR 479; [2003] ECHR 479 9 Oct 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Fadime Ozkan -c- Turquie 47165/99; [2003] ECHR 486 9 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ghelardini and Brunori -v- Italy 53233/99; [2003] ECHR 489; [2003] ECHR 489 9 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses award - domestic proceedings ; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Ertan Ozkan -c- Turquie 47311/99; [2003] ECHR 484; [2003] ECHR 484 9 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Federici -v- Italy 63523/00; [2003] ECHR 487; [2003] ECHR 487 9 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Ezeh and Connors -v- The United Kingdom 40086/98; 39665/98; Times, 30 October 2003; [2003] ECHR 485 9 Oct 2003 ECHR Prisons, Human Rights The applicants were prisoners subject to disciplinary proceedings. The offences were equivalent to criminal charges in domestic law. They were refused legal assistance, and had additional terms added to their sentences. Held: The charges engaged the defendants article 6 rights. The need for prison discipline was not a justification for removing such rights. The offences were not purely disciplinary. Though the additional days would not extend the terms served beyond the original periods set down by the courts, the effect was still to extend the actual term to be served. The refusal of legal representation was an infringement of their rights. European Convention on Human Rights 6 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Purja & others -v- Ministry of Defence [2003] EWCA Civ 1345; Times, 16 October 2003; Gazette, 16 October 2003; [2004] 1 WLR 289 9 Oct 2003 CA Lord Justice Chadwick Lord Justice Rix Lord Justice Simon Brown Discrimination, Armed Forces, Human Rights The applicants were Gurkha soldiers who complained at the differences in treatment of them as against other members of the forces as regards payment, pensions and otherwise, alleged infringement oftheir Article 14 rights, which prevented discrimination on the grounds of national or social origin. Held: In isolation, these soldiers were treated differently and worse. Howeevr the greater cost of living in Britain rather than Nepal justified that difference. There were also other additional benefits for Gurkhas, including longer leave periods. The two groups were not in a comparable position. Rix LJ, dissenting, the restriction which did not allow more than 25% of Gurkha soldiers to have their wives accompany them was discriminatory. European Convention on Human Rights 14 1 Cites 1 Citers [ Bailii ] Â Â PS, Regina (on the Application of) -v- Responsible Medical Officer, Dr G and others; Admn 10-Oct-2003 - [2003] EWHC 2335 (Admin); [2004] 1 MHLR 1 Â Â Khan, Regina (on the Application of) -v- Secretary of State for Health; CA 10-Oct-2003 - [2004] 1 WLR 971; [2003] EWCA Civ 1129; Times, 15 October 2003; Gazette, 20 November 2003; [2003] Inquest LR 70; [2003] 3 FCR 341; (2004) 76 BMLR 118; [2003] ACD 89; (2004) 7 CCL Rep 361; [2003] 4 All ER 1239; [2004] Lloyd's Rep Med 159 Â Aaron -v- The Law Society (the Office of the Supervision of Solicitors) [2003] EWHC 2271 (Admin) 13 Oct 2003 QBD Lord Justice Auld Mr Justice Goldring Legal Professions, Human Rights The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels' fees. In the course of later disciplinary proceedings he was found to have misled the court as to the circumstances of a tribunal hearing when obtaining a stay. He complained inter alia of delay in the proceedings. Held: When looking at the delay, time was calculated from the date of institution of proceedings, not the investigation. Auld LJ: "Disciplinary proceedings before the Solicitors Disciplinary Tribunal are analogous to criminal proceedings. The uncertainty that springs from and festers with unnecessary and unreasonable delay can, in itself, cause great injustice to practising solicitors, whose livelihood and professional reputations are at stake." Solicitors' Act 1974 49 - European Convention on Human Rights 6 1 Cites 1 Citers [ Bailii ] Â Dybo -v- Poland 71894/01; [2003] ECHR 502; [2003] ECHR 502 14 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses - claim rejected [ Bailii ] - [ Bailii ] Â Porembska -v- Poland 77759/01; [2003] ECHR 510; [2003] ECHR 510 14 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Tomic -v- United Kingdom 17837/03 14 Oct 2003 ECHR Human Rights The applicant sought to resist his expulsion from the UK. Held: "The Court does not exclude that an issue might exceptionally be raised under Article 6 by an expulsion decision in circumstances where the person being expelled has suffered or risks suffering a flagrant denial of a fair trial in the receiving country, particularly where there is the risk of execution …. Whether an issue could be raised by the prospect of arbitrary detention contrary to Article 5 is even less clear. However, the applicant's submissions do not disclose that he faces such a risk under either provision." 1 Citers Â Chaineux -c- France 56243/00; [2003] ECHR 499; [2003] ECHR 499 14 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lilly France -c- France 53892/00; [2003] ECHR 507; [2003] ECHR 507; [2010] ECHR 1884 14 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Signe -c- France 55875/00; [2003] ECHR 511; [2003] ECHR 511 14 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Erskine, Regina (on the Application Of) -v- Lambeth and Another [2003] EWHC 2479 (Admin) 14 Oct 2003 Admn Housing, Human Rights 1 Citers [ Bailii ] Â D M -v- Poland 13557/02; [2003] ECHR 501; [2003] ECHR 501 14 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â I P -v- Poland 77831/01; [2003] ECHR 505; [2003] ECHR 505 14 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Malinowska Henryka -v- Poland 76446/01; [2003] ECHR 504; [2003] ECHR 504 14 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Gidel -v- Poland 75872/01; [2003] ECHR 503; [2003] ECHR 503 14 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (Convention proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Piotr Mazurkiewicz -v- Poland 72662/01; [2003] ECHR 509; [2003] ECHR 509 14 Oct 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement). [ Bailii ] - [ Bailii ] Â Ciz -v- Slovakia 66142/01; [2003] ECHR 500; [2003] ECHR 500 14 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Jamriska -v- Slovakia 51559/99; [2003] ECHR 506; [2003] ECHR 506 14 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Tkacik -v- Slovakia 42472/98; [2003] ECHR 512; [2003] ECHR 512 14 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Not necessary to examine Art. 8 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Malasiewicz -v- Poland 22072/02; [2003] ECHR 508; [2003] ECHR 508 14 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award. [ Bailii ] - [ Bailii ] Â N -v- Secretary of State for the Home Department [2003] EWCA Civ 1369; [2004] 1 WLR 1182 16 Oct 2003 CA Immigration, Human Rights The applicant had come to the UK to seek asylum, but had advanced HIV/AIDS. When her asylum claim failed she sought permission to continue her stay saying that if returned she would not receive proper treatment and would die. 1 Cites 1 Citers [ Bailii ] Â Anufrijeva and Another -v- London Borough of Southwark Gazette, 20 November 2003; Times, 17 October 2003; [2003] EWCA Civ 1406; [2003] 3 FCR 673; [2004] QB 1124; [2004] 2 WLR 603; [2004] HLR 22; [2004] HRLR 1; 15 BHRC 526; [2004] 1 FLR 8; (2003) 6 CCL Rep 415; [2004] Fam Law 12; [2004] UKHRR 1; [2004] BLGR 184 16 Oct 2003 CA The Lord Chief Justice Of England And Wales, The Master Of The Rolls, And Lord Justice Auld Human Rights, Damages The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a right under Article 5, does not necessarily result in an award of damages. The discretionary exercise of deciding whether to award compensation under the HRA is not to be compared to the approach adopted where damages are claimed for breach of an obligation under civil law. The level of awards by the Ombudsman were a better guide. A claim for damages under the HRA for maladministration is likely to cost substantially more to try than the amount of any damages that are likely to be awarded, and procedures should be followed to ensure that costs were not wasted. European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] Â Â Amin, Regina (on the Application of) -v- Secretary of State for the Home Department; HL 16-Oct-2003 - [2003] UKHL 51; Times, 17 October 2003; [2003] 3 WLR 1169; Gazette, 20 November 2003; [2004] 1 AC 653; [2004] UKHRR 75; (2004) 76 BMLR 143; [2003] 4 All ER 1264; [2004] HRLR 3; 15 BHRC 362 Â Tassinari -v- Italy 47758/99; [2003] ECHR 521; [2003] ECHR 521 16 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Serafini -v- Italy 58607/00; [2003] ECHR 520; [2003] ECHR 520 16 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Ayse Kilic -c- Turquie 49164/99; [2003] ECHR 513; [2003] ECHR 513 16 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Basak Et Autres -c- Turquie 29875/96; [2003] ECHR 514; [2003] ECHR 514 16 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Neves Ferreira Sande E Castro Et Autres -c- Portugal 55081/00; [2003] ECHR 519; [2003] ECHR 519 16 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Savio -v- Italy 59537/00; [2003] ECHR 517; [2003] ECHR 517 16 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â N -v- the Secretary of State for the Home Department [2003] EWCA Civ 1369; Times, 23 October 2003 16 Oct 2003 CA Lord Justice Laws Lord Justice Dyson Lord Justice Carnwath Immigration, Human Rights The applicant entered the UK illegally. She was unwell and was given treatment. She resisted removal on the grounds that the treatment available to her would be of such a quality as to leave her life threatened. Held: D -v- UK should be strictly confined. The applicant's condition was not one created by the respondent, and did not result from any mistreatment. "where the complaint in essence is of want of resources in the applicant’s home country (in contrast to what has been available to him in the country from which he is to be removed) is only justified where the humanitarian appeal of the case is so powerful that it could not in reason be resisted by the authorities of a civilised State." European Convention on Human Rights 3 1 Cites 1 Citers Â Brienza -v- Italy 62849/00; [2003] ECHR 515; [2003] ECHR 515 16 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Calosi -v- Italy 63947/00; [2003] ECHR 516; [2003] ECHR 516 16 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings [ Bailii ] - [ Bailii ] Â Wynne -v- The United Kingdom (No 2) 67385/01; [2003] ECHR 522 16 Oct 2003 ECHR Human Rights Hudoc Violation of Art. 5-4 ; Violation of Art. 5-5 [ Bailii ] - [ Bailii ] Â Â Wainwright and another -v- Home Office; HL 16-Oct-2003 - [2003] UKHL 53; Times, 20 October 2003; [2003] 3 WLR 1137; 2004] 2 AC 406 Â Demirtas -c- Turquie (NÂ° 2) 37452/97; [2003] ECHR 518; [2003] ECHR 518 16 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cegielski -v- Poland 71893/01; [2003] ECHR 523; [2003] ECHR 524 21 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses (Convention proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Broca And Texier MICAULT v. FRANCE - 27928/02;31694/02; [2003] ECHR 523 21 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â S Broca Et Texier-Micault -c- France 27928/02; [2003] ECHR 526 21 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Nyiro and Takacs -v- Hungary 52724/99 ; 52726/99 21 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Szymanski -v- Poland 75929/01; [2003] ECHR 527; [2003] ECHR 527 21 Oct 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Credit and Industrial Bank -v- The Czech Republic 29010/95; [2003] ECHR 524; [2003] ECHR 525 21 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine P1-1 ; 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 [ Bailii ] - [ Bailii ] Â Nyiro And Takacs -v- Hungary 52724/99; [2003] ECHR 525 21 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Nyiro And Takacs -v- Hungary 52724/99;52726/99; [2003] ECHR 526 21 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â PD, Regina (on the Application of) -v- West Midlands and North West Mental Health Review Tribunal [2003] EWHC 2469 (Admin); Times, 31 October 2003; Gazette, 02 January 2004 22 Oct 2003 Admn Silber J Health, Human Rights The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention. Held: Such proceedings did engage the applicant's right to a fair trial. The issue was whether a fair-minded and informed observer, having considered the facts would perceive a real possibility of subconscious bias. The tribunal had to offer sufficient guarantees to exclude any legitimate doubt as to its impartiality. The consultant's denial of bias was of no consequence. The consultant had no contact outside the tribunal with the case or any party to it. He was acting outside the roles in which he might be subject to any pressure, and his employment rights were established. No threat of bias was established. Mental Health Act 1983 3 - Mental Health Review Tribunal Rules 1983 (SI 1983/942) 2 1 Cites [ Bailii ] Â Cakar -c- Turquie 42741/98; [2003] ECHR 530; [2003] ECHR 530 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Dalgic -c- Turquie 51416/99; [2003] ECHR 532; [2003] ECHR 532 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Hamilton, Regina (on the Application of) -v- UK Central Council for Nursing, Midwifery and Health Visiting and Another [2003] EWCA Civ 1600; Times, 12 November 2003 23 Oct 2003 CA Schieman, Sedley, Jacob LJJ Health Professions, Human Rights The nurse suffered bipolar disorder, and was suspended. She wanted to have her suspension reviewed. The rules made no express provision for such an application. Held: The absence of an express power did not mean that such a power did not exist. It did. The refusal in this case was not because the health committee of the respondent saw itself as not having a power to do so, but rather on the facts. Though the registration as a nurse or midwife might be a property right protected by the Convention, that right had not been infringed. European Convention on Human Rights - Nurses, Midwifery and Health Visitors (Professional Conduct) Rules (1993 no 893) [ Bailii ] Â Diamantides -c- Grece 60821/00; [2003] ECHR 533; [2003] ECHR 533 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cavus Et Bulut -c- Turquie 41580/98; [2003] ECHR 531 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Mesut Erdogan -c- Turquie 53895/00; [2003] ECHR 539; [2003] ECHR 539 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Akkas -c- Turquie 52665/99; [2003] ECHR 529; [2003] ECHR 529 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Timofeyev -v- Russia 58263/00; [2003] ECHR 546; [2003] ECHR 546 23 Oct 2003 ECHR Human Rights Hudoc Violation of Art. 6-1 ; Violation of P1-1 [ Bailii ] - [ Bailii ] Â Ergul Et Engin -c- Turquie 52744/99; [2003] ECHR 535; [2003] ECHR 535 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gencel -c- Turquie 53431/99; [2003] ECHR 536; [2003] ECHR 536 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kanakis Et Autres -c- Grece 59142/00; [2003] ECHR 538; [2003] ECHR 538 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nelissenne -c- Belgique 49518/99; [2003] ECHR 540; [2003] ECHR 540 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ozyol -c- Turquie 48617/99; [2003] ECHR 541; [2003] ECHR 541 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Peker -c- Turquie 53014/99; [2003] ECHR 542; [2003] ECHR 542 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Simsek -c- Turquie 50118/99; [2003] ECHR 544; [2003] ECHR 544 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Suvariogullari Et Autres -c- Turquie 50119/99; [2003] ECHR 545; [2003] ECHR 545 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tutmaz Et Autres -c- Turquie 51053/99; [2003] ECHR 547; [2003] ECHR 547 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cavus And Bulut -v- Turkey 41580/98;42439/98; [2003] ECHR 531 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Hayrettin Barbaros Yilmaz -c- Turquie 50743/99; [2003] ECHR 537 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â S H K -v- Bulgaria 37355/97; [2003] ECHR 543; [2003] ECHR 543 23 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage- financial award ; Costs and expenses - claim rejected [ Bailii ] - [ Bailii ] Â Achleitner -v- Austria 53911/00; [2003] ECHR 528; [2003] ECHR 528; [2011] ECHR 2139 23 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] Â Eren -c- Turquie 46106/98; [2003] ECHR 534; [2003] ECHR 534 23 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kovankaya -c- Turquie 39447/98; [2003] ECHR 553; [2003] ECHR 553 28 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kalin, Gezer, and Otebay -v- Turkey 24850/94; 24849/94; 24941/94; [2003] ECHR 550 28 Oct 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) 24849/94 ; 24850/94 ; 24941/94 [ Bailii ] Â Baars -v- Netherlands 44320/98; [2003] ECHR 548; [2003] ECHR 548 28 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-2 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Krzysztof Pieniazek -v- Poland 57465/00; [2003] ECHR 554; [2003] ECHR 554 28 Oct 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Rakevich -v- Russia 58973/00; [2003] ECHR 558; [2003] ECHR 558 28 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Violation of Art. 5-4 ; Non-pecuniary damage - financial award ; Costs and expenses - claim rejected Even the judicial review of every admission to a mental hospital on the initiative of the detaining authorities is not enough if the patient does not herself have the direct right to apply for his or her release. 1 Citers [ Bailii ] - [ Bailii ] Â Steur -v- Netherlands 39657/98; [2003] ECHR 559; [2003] ECHR 559 28 Oct 2003 ECHR Human Rights [ Bailii ] - [ Bailii ] Â Koroglu -c- Turquie 39446/98; [2003] ECHR 552; [2003] ECHR 552 28 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gonzalez Doria Duran De Quiroga -c- Espagne 59072/00; [2003] ECHR 549; [2003] ECHR 549 28 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lopez Sole Y Martin De Vargas -c- Espagne 61133/00; [2003] ECHR 555; [2003] ECHR 555 28 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Minjat -c- Suisse 38223/97; [2003] ECHR 556; [2003] ECHR 556 28 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ogras Et Autres -c- Turquie 39978/98; [2003] ECHR 557; [2003] ECHR 557 28 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Stone Court Shipping Company, S.A. -c- Espagne 55524/00; [2003] ECHR 560; [2003] ECHR 560 28 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kalin, Gezer, And Otebay -v- Turkey 24849/94;24850/94;24941/94; [2003] ECHR 550 28 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Karatay -c- Turquie 36596/97; [2003] ECHR 551; [2003] ECHR 551 28 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pay -v- Lancashire Probation Service EAT/1224/02; [2003] EAT 1224_02_2910; Times, 27 November 2003; [2003] UKEAT 1224_02_2910; [2004] IRLR 129; [2004] ICR 187 29 Oct 2003 EAT McMullen QC J Employment, Human Rights The appellant challenged refusal of his claim for unfair dismissal. A probation officer, he had business interests in fire breathing and bondage merchandising which the service said were incompatible with his duties, and dismissed him. He complained that this infringed his right to freedom of expression. Held: A public authority had to respect an employee's human rights, including the right of free expression, and would be acting unreasonably in unfair dismissal terms if its actions infringed those rights. However in this case, the tribunal had made no error of law in finding no infringement of those rights in the Service's actions. 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ EATn ] Â Rispoli -v- Italy 55388/00; [2003] ECHR 569; [2003] ECHR 569 30 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Cavicchi and Ruggeri -v- Italy 56717/00; [2003] ECHR 563; [2003] ECHR 563 30 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Cucinotta -v- Italy 63938/00; [2003] ECHR 565; [2003] ECHR 565 30 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Cianfanelli Banci -c- Italie 60663/00; [2003] ECHR 564 30 Oct 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ganci -c- Italie 41576/98; [2003] ECHR 566; (2005) 41 EHRR 16 30 Oct 2003 ECHR Human Rights, Prisons The applicant was serving two life sentences for Mafia related activities. He challenged nine decrees issued by the Minister of Justice under which he was held under a special prison regime for a period of four years. His case related to delays by the courts in dealing with his challenge. The Court said: "the applicant was contesting the lawfulness of restrictions imposed on a series of rights commonly recognised to prisoners . . at least some of the serious restrictions laid down by the decrees . . such as the one restricting his contact with his family and the ones affecting his finances - certainly fell within the sphere of personal rights and were therefore civil in nature." European Convention on Human Rights 1 Citers [ Worldlii ] - [ Bailii ] Â Piovano -v- Italy 65652/01; [2003] ECHR 568; [2003] ECHR 568 30 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Alfatli and Others -v- Turkey 32984/96 30 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Violation of Art. 6-1 concerning independence and impartiality of the court ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Goral -v- Poland 38654/97; [2003] ECHR 567; [2003] ECHR 567 30 Oct 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Violation of Art. 5-3 ; Violation of Art. 6-1 ; Violation of Art. 8 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Regina (Crown Prosecution Service, Greater Manchester) -v- Bolton Justices Times, 07 November 2003; [2003] EWHC 2697 (Admin); [2004] 1 WLR 835 31 Oct 2003 QBD Kennedy LJ, Royce J Evidence, Magistrates, Human Rights, Criminal Practice The magistrates had been taking a deposition, and ordered police officers to be excluded from court. Held: The witness sought not to have to answer questions on the ground that he would be incriminated by his answers. Magistrates should not accept a claim for privilege without investigation. It was insufficient also to accept that this was claimed solely on the grounds of legal advice. The proceedings of taking the deposition were in open court, and the exclusion of those charged with investigating crime was an irregularity. Crime and Disorder Act 1998 Sch3 P-4 [ Bailii ] Â Gillan and Another, Regina (on the Application of) -v- Commissioner of the Police for the Metropolis and Another [2003] EWHC 2545 (Admin); Times, 05 November 2003; [2003] All ER (D) 526 31 Oct 2003 Admn Lord Justice Brooke And Mr Justice Maurice Kay Police, Human Rights The applicants challenged by way of judicial review the way they had been stopped and searched under the Act. They attended a demonstration. The search revealed nothing suspicious. General authorisations for such searches had been issued under the Act. Held: The section should not be read so as to restrict the power to issue authorisations for searches only when there was some imminent threat. Lord Justice Brooke said: "the powers are so sweeping and far beyond anything ever permitted by common law powers – the police can stop and search anybody at any time anywhere without any prior grounds of suspicion within a huge metropolitan district - it behoves the police to take particular care to ensure that these powers are not used arbitrarily or against any particular group of people" and "There is just enough evidence available to persuade us that in the absence of any evidence that these powers were being habitually used on occasions which might represent symbolic targets, the arms fair was an occasion which concerned the police sufficiently to persuade them that the use of section 44 powers was needed " The claim failed. "It seems to us that a lot of the trouble in this case has arisen because what should be a very quick random stop/search procedure has been elevated into a slow bureaucratic process that would be far more appropriate for a stop/search where there is reasonable cause for police suspicion. No wonder people got annoyed. " Terrorism Act 2000 44 - European Convention on Human Rights 5 8 10 1 Cites 1 Citers [ Bailii ] Â Siko -v- Hungary 53844/00; [2003] ECHR 571; [2003] ECHR 571 4 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Tibor Novotka -v- Slovakia 47244/99; [2003] ECHR 708 4 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Ciborek -v- Poland 52037/99; [2003] ECHR 570; [2003] ECHR 570 4 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 6-1 in respect of one set of proceedings ; Violation of Art. 6-1 in respect of one set of proceedings ; Pecuniary damage - claim rejected ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Zorig Batayav -v- the Secretary of State for the Home Department [2003] EWCA Civ 1489 5 Nov 2003 CA Lord Justice Mummery Lord Justice Sedley Mr Justice Munby Human Rights, Immigration The case of Hariri had set too high the threshold for the level of threat which would need to apply as to the propriety of returning an asylum applicant to his home country. The correct test is that the applicant need show a 'real risk' of har. This is a lower standard than one of 'probability' as described in Hariri. European Convention on Human Rights 3 1 Cites 1 Citers [ Bailii ] Â Rudiger Gromzig V Germany 13791/06; [2008] ECHR 1209; [2010] ECHR 112 5 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D L -v- Italy 34669/97; [2003] ECHR 573 6 Nov 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Gamberini Mongenet -v- Italy 59635/00; [2003] ECHR 574 6 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Worldlii ] - [ Bailii ] Â V -v- Secretary of State for the Home Department (Dr Congo) [2003] UKIAT 00131 6 Nov 2003 IAT N H Goldstein Immigration, Human Rights Appeal against the determination dismissing the respondent's appeal on asylum grounds but allowed it on human rights grounds. [ Bailii ] Â Indelicato -v- Italy 34442/97; [2003] ECHR 572 6 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Krone Verlag Gmbh &Amp; Cokg (No. 2) . AUSTRIA (40284/98; [2003] ECHR 577 6 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Pantano -v- Italie 60851/00; [2003] ECHR 580 6 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Peroni -c- Italie 44521/98; [2003] ECHR 581; [2003] ECHR 581 6 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â S.C., V.P., F.C., M.C. Et E.C. -c- Italie 52985/99; [2003] ECHR 582; [2003] ECHR 582 6 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Meilus -v- Lithuania 53161/99; [2003] ECHR 578 6 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â William Murray -v- The Parole Board Secretary of State for the Home Department [2003] EWCA Civ 1561; Times, 12 November 2003; Gazette, 08 January 2004 6 Nov 2003 CA Lord Justice Mummery Lord Justice Sedley Mr Justice Munby Prisons, Human Rights The applicant had been convicted of murder and sentenced to life imprisonment. He had twice previously been released on licence and had his licence revoked. His tarriff had expired The period between reviews of his detention had been two years, but a new system of 15 month intervals was being introduced. He complained that the period between reviews was insufficently frequent, and infringed his human right. Held: The new system was required to comply with Stafford. 1 Cites [ Bailii ] Â Istituto Nazionale Case Srl -v- Italy 41479/98; [2003] ECHR 576 6 Nov 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Worldlii ] - [ Bailii ] Â Krone Verlag Gmbh & Co kg (No 2) -v- Austria 40284/98; [2003] ECHR 577 6 Nov 2003 ECHR Human Rights ECJ Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage - financial award ; Costs and expenses award - domestic proceedings ; Costs and expenses award - Convention proceedings [ Bailii ] Â Hanim Tosun -v- Turkey 31731/96; [2003] ECHR 575 6 Nov 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â P K -v- Poland 37774/97; [2003] ECHR 579 6 Nov 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) European Convention on Human Rights [ Worldii ] - [ Bailii ] Â Nadesu, Regina (on the Application Of) -v- Secretary of State for the Home Department [2003] EWHC 2839 (Admin) 7 Nov 2003 Admn Human Rights, Immigration [ Bailii ] Â Pilar Aida Rojas -v- Brian Berllaque [2003] UKHL 76; Times, 13 November 2003; [2003] UKPC 76; [2004] 1 WLR 201 10 Nov 2003 PC Lord Nicholls of Birkenhead, Lord Hobhouse of Woodborough, Lord Millett, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe Constitutional, Human Rights, Discrimination, Criminal Practice PC (Gibraltar) The system of selecting a criminal jury obliged men to be available for selection, but women could choose not to be on the role of jurors. The result was that jury lists and juries were almost entirely male. Held: (Majority) Since juries are chosen at random from jury lists, a non-discriminatory method of compilation of the jury lists is an essential ingredient of a fair trial by jury. This is inherent in the concept of a fair trial by an impartial jury. Fairness is achieved in the composition of a jury by random selection from a list which is itself fairly constituted. Section 19 of the Supreme Court Ordinance violates section 8 of the Constitution in so far as it discriminates between men and women regarding liability for jury service. There is a strong but rebuttable presumption that a jury acts impartially. 1 Cites 1 Citers [ PC ] - [ Bailii ] Â Tariq, Regina (on the Application of) -v- An Adjudicator [2003] EWHC 2866 (Admin) 10 Nov 2003 Admn Human Rights, Immigration [ Bailii ] Â Regina on the Application of Ruslanas Bagdanavicius, Renata Bagdanaviciene -v- Secretary of State for the Home Department [2003] EWCA Civ 1605; Times, 21 November 2003; Gazette, 15 January 2004; [2004] 1 WLR 1207 11 Nov 2003 CA Lord Justice Auld Lady Justice Arden The Lord Chief Justice Of England Human Rights, Immigration Failed Roma asylum applicants challenged an order for their return to Lithuania. There had been family objections to the mixed marriage leaving them at risk of violence from the local mafia, and an order for their return would infringe their article 3 rights. Held: The threshold of risk test which was to be applied in judging the claim was the same as would apply to testing an assertion of having a well founded fear of persecution. There is a "broad symmetry between the asylum test of a well-founded fear of persecution for an Asylum Convention reason and the Article 3 test of a real risk of exposure to ill treatment that it proscribes" European Convention on Human Rights 3 1 Cites 1 Citers [ Bailii ] Â Militaru -v- Hungary 55539/00; [2003] ECHR 584; [2003] ECHR 584 12 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Militaru -v- Hungary 55539/00 12 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award Â Bartre -c- France 70753/01; [2003] ECHR 583; [2003] ECHR 583 12 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Parti Socialiste De Turquie Stp Et Autres -c- Turquie 26482/95; [2003] ECHR 585; [2003] ECHR 585 12 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Elci and Others -v- Turkey 23145/93 ; 25091/94 13 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (exhaustion of domestic remedies) ; Violation of Art. 3 ; Violation of Art. 5-1 ; Violation of Art. 8 ; Not necessary to examine P1-1 ; No violation of Art. 34 (former Art. 25) ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Scalera -v- Italy 56924/00 13 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Napijalo -v- Croatia 66485/01 13 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P4-2-2 ; Non-pecuniary damage - financial award Â Ismail Gunes -c- Turquie 53968/00; [2003] ECHR 589; [2003] ECHR 589 13 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Al Et Autres -c- Turquie 59234/00; [2003] ECHR 586; [2003] ECHR 586 13 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D'Aloe -c- Italie 61667/00; [2003] ECHR 587; [2003] ECHR 587 13 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Elci And Others -v- Turkey 23145/93; [2003] ECHR 588 13 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Napijalo -v- Croatia 66485/01; [2003] ECHR 592; [2003] ECHR 592 13 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P4-2-2 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Kenan Yavuz -c- Turquie 52661/99; [2003] ECHR 591 13 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lundkvist -v- Sweden 48518/99; Unreported, 13 November 2003 13 Nov 2003 ECHR Human Rights The applicant was charged with setting his house on fire after a row with his wife. He was acquitted on the grounds that, while there was a strong inferential case against him, it did not establish his guilt beyond reasonable doubt. He then brought a civil claim against his insurers for the loss of his house. Evidence was adduced, which included evidence that had been adduced at the criminal trial. The court dismissed his claim, holding that the insurance company had proved, on balance of probabilities that he was responsible for the fire. Held: The civil proceedings did not involve bringing a "criminal charge" against the applicant, and: "As to the further question of whether there were links between the criminal case and the ensuing compensation case such as to justify extending the scope of the application of article 6(2) to the latter, the Court reiterates that the outcome of the criminal proceedings was not decisive for the compensation issue. In this particular case, the situation was reversed: despite the applicant's acquittal it was legally feasible to deny him insurance compensation for the destroyed house. Regardless of the conclusion reached in the criminal trial against the applicant, the compensation case was therefore not a direct sequel to the former or a consequence and concomitant of it." 1 Citers Â Scalera -v- Italy 56924/00; [2003] ECHR 595; [2003] ECHR 595 13 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Elci And Others -v- Turkey 23145/93;25091/94; [2003] ECHR 588 13 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Elci and Others -v- Turkey 23145/93 ; 25091/94 13 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (exhaustion of domestic remedies) ; Violation of Art. 3 ; Violation of Art. 5-1 ; Violation of Art. 8 ; Not necessary to examine P1-1 ; No violation of Art. 34 (former Art. 25) ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Scharsach and News Verlagsgesellschaft -v- Austria 39394/98; [2003] ECHR 596; (2000) 31 EHRR 246; (2005) 40 EHRR 22 13 Nov 2003 ECHR Human Rights, Media Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage - financial award (second applicant) ; Non-pecuniary damage - financial award (first applicant) ; Non-pecuniary damage - finding of violation sufficient (second applicant) ; Costs and expenses partial award (domestic proceedings) ; Costs and expenses partial award (Convention proceedings) The Court held that the use of the term "closet Nazi" was justified as a value judgment for which there was a sufficient factual basis notwithstanding its special stigma: "The Court recalls that it is not for the Court, or for the national courts for that matter, to substitute their own views for those of the press as to what technique of reporting should be adopted by journalists. Article 10 protects not only the substance of ideas and information but also the form in which they are conveyed." European Comvention on Human Rigts 8 1 Citers [ Bailii ] - [ Bailii ] Â Â Regina -v- Secretary of State for the Home Department and Another ex parte IH; HL 13-Nov-2003 - [2003] UKHL 59; Times, 14 November 2003; Gazette, 15 January 2004; [2003] 3 WLR 1278 Â Regina -v- East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley) [2003] UKHL 58; Times, 14 November 2003; Gazette, 05 February 2004; [2004] 2 AC 280; [2004] Lloyds Rep Med 228; (2004) 7 CCL Rep 121; [2004] 1 All ER 400; [2003] 3 WLR 1265; [2004] HRLR 6; (2004) 76 BMLR 168 13 Nov 2003 HL Lord Bingham of Cornhill Lord Steyn Lord Hobhouse of Woodborough Lord Scott of Foscote Lord Rodger of Earlsferry Health, Human Rights The patient was ordered to be discharged and released from hospital. The tribunal making the order had not accepted the medical recommendations. His release was deferred pending the finding of accommodation, but in the meantime, a social worker applied for his re-admission. Held: The approved social worker could not apply in these circumstances unless he considered reasonably and in good faith that he knew of circumstances which were not before the tribunal, and which would put a different complexion on that decision. The common law respects and protects the personal freedom of the individual, which may not be curtailed save for a reason and in circumstances sanctioned by the law of the land, but law may properly provide for the compulsory detention in hospital of those who suffer from mental disorder if detention is judged to be necessary for the health or safety of the patient or the protection of others. A person compulsorily detained on mental health grounds should have the right to take proceedings by which the lawfulness of his detention may be decided by a court Mental Health Act 1983 2 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â Rachdad -c- France 71846/01; [2003] ECHR 594; [2003] ECHR 594; [2010] ECHR 1425 13 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Papazoglou Et Autres -c- Grece 73840/01; [2003] ECHR 593; [2003] ECHR 593 13 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina (on the Application of Dudson) -v- Secretary of State for the Home Department and the Lord Chief Justice [2003] EWHC 2797 (Admin); Times, 27 November 2003 21 Nov 2003 Admn Lord Justice Kennedy Mr Justice Mackay Criminal Sentencing, Judicial Review, Human Rights The applicant had been sentenced to detention during Her Majesty's Pleasure. He sought a judicial review of the Lord Chief Justice's recommendation to the Home Secretary for the minimum term he was to serve. Held: In exercising this function, the LCJ was acting in a judicial capacity, and therefore his recommendation was not subject to judicial review. "Article 6.1 may require an appellate court conducting an appeal against a sentence to afford the appellant an oral hearing, and perhaps occasionally to give or lead evidence at that hearing, if on the facts of his case and the issues arising in it such a step is necessary to ensure that the procedure is fair." In this case it was not. The Lord Chief Justice had been under no obligation to afford the appellant an oral hearing and, alternatively, that, if he was entitled to an oral hearing, he had waived that entitlement. The Lord Chief Justice had paid due regard to the appellant's welfare. Children and Young Persons Act 1933 53(1) - European Convention on Human Rights 6.1 1 Cites 1 Citers [ Bailii ] Â Schalchli -v- Switzerland 54908/00 - HEDEC; [2003] ECHR 726 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Vass -v- Hungary 57966/00 25 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Inadmissible under Art. 6-1 with regard to fairness Â Lobarzewski -v- Poland 77757/01 25 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Pursiheimo -v- Finland 57795/00 - HEDEC; [2003] ECHR 727 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Lewis -v- The United Kingdom 1303/02; Times, 05 December 2003; [2003] ECHR 601 25 Nov 2003 ECHR Human Rights Police had made secret tape recordings of conversations in the claimant's home, which recordings had later been used as evidence against him, and had led to his conviction. Held: At the time of the recordings there was no statutory system regulating such recordings, and therefore the interference in his private and family life was an infringement of his right. However the claimant had faled to bring evidence of his damages, and no award could be made. Hudoc Violation of Art. 8 ; Violation of Art. 13 European Convention on Human Rights 8.2 13 1 Citers [ Bailii ] Â Lobarzewski -v- Poland 77757/01; [2003] ECHR 602 25 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] Â Vass -v- Hungary 57966/00; [2003] ECHR 611 25 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Inadmissible under Art. 6-1 with regard to fairness [ Bailii ] Â Wierciszewska -v- Poland 41431/98 25 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â King -v- Secretary of State for the Home Department [2003] EWHC 2831 (Admin) 25 Nov 2003 Admn Prisons, Human Rights [ Bailii ] Â Rl -v- Switzerland 43874/98 - HEDEC; [2003] ECHR 725 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Wierciszewska -v- Poland 41431/98; [2003] ECHR 612 25 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings 1 Citers [ Bailii ] Â Huart -c- France 55829/00; [2003] ECHR 600; [2003] ECHR 599 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Schumacher -c- Luxembourg 63286/00; [2003] ECHR 605; [2003] ECHR 607 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Potop -c- Roumanie 35882/97; [2003] ECHR 604; [2003] ECHR 606 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Popescu -c- Roumanie 38360/97; [2003] ECHR 603; [2003] ECHR 605 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tandreu -c- Roumanie 39184/98; [2003] ECHR 608; [2003] ECHR 610 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kara Et Autres -c- Turquie 37446/97; [2003] ECHR 601; [2003] ECHR 600 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ercolani -c- Saint-Marin 35430/97; [2003] ECHR 599; [2003] ECHR 598 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sofletea -c- Roumanie 48179/99; [2003] ECHR 606; [2003] ECHR 608 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Soto Sanchez -c- Espagne 66990/01; [2003] ECHR 609 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Abribat Et Autre -c- France 60392/00; [2003] ECHR 597; [2003] ECHR 597 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nicolle -c- France 51887/99; [2003] ECHR 602; [2003] ECHR 604 25 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Shamsa -v- Poland 45355/99;45357/99; [2003] ECHR 622 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Slimane-Kaid -c- France (NÂ° 2) 48943/99; [2003] ECHR 619 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Worwa -c- Pologne 26624/95; [2003] ECHR 622; [2003] ECHR 626 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina (on the Application of 'A') -v- Home Secretary [2003] EWHC 2846 (Admin) 27 Nov 2003 QBD Lord Justice Kennedy Mr Justice Royce Prisons, Human Rights Anti-Terrorism, Crime and Security Act 2001 21 Â Tuncel Et Autres -c- Turquie 42738/98; [2003] ECHR 620; [2003] ECHR 624 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ucar Et Autres -c- Turquie 55951/00; [2003] ECHR 621; [2003] ECHR 625 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â (Un-named) 41932/98 ; 41935/98 ; 427 27 Nov 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) 41932/98 ; 41935/98 ; 42732/98 Â Della Rocca -v- Italy 59452/00; [2003] ECHR 611; [2003] ECHR 615 27 Nov 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Gunel -c- Turquie 47296/99; [2003] ECHR 612; [2003] ECHR 616 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Petrini -v- Italy 63543/00 27 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Della Rocca -v- Italy 59452/00 27 Nov 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â (Un-named) 41932/98 ; 41935/98 ; 427 27 Nov 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) 41932/98 ; 41935/98 ; 42732/98 Â Shamsa -c- Pologne 45355/99; [2003] ECHR 618 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Cases Of Istituto Nazionale Case -v- Italy (No. 2) 41932/98;41935/98;42732/98; [2003] ECHR 614 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Cases Of Istituto Nazionale Case -v- Italy (No. 2) 41932/98; [2003] ECHR 610 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Petrini -v- Italy 63543/00; [2003] ECHR 617; [2003] ECHR 621 27 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Â In re a local authority (Inquiry: restraint on publication); A Local Authority -v- A Health Authority and A; FD 27-Nov-2003 - [2003] EWHC Fam 2746; Times, 05 December 2003; Gazette, 22 January 2004; [2004] EWHC 2746 (Fam); [2004] Fam 96; [2004] Fam Law 179; [2004] 1 FCR 113; [2004] 1 All ER 480; [2004] 2 WLR 926; (2004) 7 CCL Rep 426; (2004) 76 BMLR 210; [2004] BLGR 117; [2004] 1 FLR 541 Â Henaf -c- France 65436/01; [2003] ECHR 613; [2003] ECHR 617 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kirman -c- Turquie 48263/99; [2003] ECHR 614; [2003] ECHR 618 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ozulku -c- Turquie 51289/99; [2003] ECHR 616; [2003] ECHR 620 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Slimane KAID v. FRANCE (No. 2) - 48943/99; [2003] ECHR 623 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Nicolai -v- Italy 62848/00; [2003] ECHR 615; [2003] ECHR 619 27 Nov 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Can -c- Turquie 38389/97; [2003] ECHR 609; [2003] ECHR 613 27 Nov 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Peryt -v- Poland 42042/98; [2003] ECHR 627; [2003] ECHR 631 2 Dec 2003 ECHR Human Rights Hudoc Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses (domestic proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Re Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council -v- News Group Newspapers [2003] EWHC 2927 (Fam); [2004] 1 FCR 30; [2004] 2 FLR 949; [2004] EMLR 8 2 Dec 2003 FD Munby J Children, Media, Human Rights A twelve year old girl had become pregnant. The Catholic Church was said to have paid her not to have an abortion. After the birth she and her baby were taken into care. The authority proposed the adoption of the baby. There was more publicity. Angela Roddy said that she had 'Gillick capacity' and that her views were therefore determinative notwithstanding that in law she was still a child. Held: Munby J said: "Angela, in my judgment, is of an age, and has sufficient understanding and maturity, to decide for herself whether that which is private, personal and intimate should remain private or whether it should be shared with the whole world. The decision is for Angela: it is not for her parents, the local authority or the court." and "Article 8 embraces both the right to maintain one’s privacy and, if this is what one prefers, not merely the right to waive that privacy but also the right to share what would otherwise be private with others or, indeed, with the world at large. So the right to communicate one’s story to one’s fellow beings is protected not merely by Article 10 but also by Article 8." and "A child is, of course, as much entitled to the protection of the European Convention - and specifically of Arts 8 and 10 - as anyone else. But . . the personal autonomy guaranteed by Art 8 (and, I would add, by Art 10) is necessarily somewhat qualified in the case of a child. For, depending on the circumstances, decision-making power may rest not with the child but with the child's parents or even with the court." European Convention on Human Rights 8 1 Citers [ Bailii ] Â Treial -v- Estonia 48129/99; [2003] ECHR 629; [2003] ECHR 633 2 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim dismissed ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Karoly -v- Hungary 58887/00; [2003] ECHR 624; [2003] ECHR 628 2 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award ; Inadmissible under Art. 6-1 with regard to fairness [ Bailii ] - [ Bailii ] Â Matwiejczuc -v- Poland 37641/97; [2003] ECHR 626; [2003] ECHR 630 2 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Violation of Art. 6-1 ; Violation of Art. 8 with regard to monitoring of correspondence ; Not necessary to examine Art. 34 ; No violation of Art. 8 with regard to delay of correspondence ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Trenciansky -v- Slovakia 62175/00; [2003] ECHR 630; [2003] ECHR 634 2 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Koktava -c- Republique Tcheque 45107/98; [2003] ECHR 625; [2003] ECHR 629 2 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Imre -v- Hungary 53129/99; [2003] ECHR 623; [2003] ECHR 627; [2011] ECHR 2163 2 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected [ Bailii ] - [ Bailii ] - [ Bailii ] Â Stanczyk -v- Poland 50511/99; [2003] ECHR 628; [2003] ECHR 632 2 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Lerario -v- Italy 60659/00; [2003] ECHR 645; [2003] ECHR 650 4 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Â MC -v- Bulgaria; ECHR 4-Dec-2003 - 39272/98; [2003] ECHR 646; [2003] ECHR 651; [2011] ECHR 586 Â Siaurusevicius -v- Lithuania 50551/99; [2003] ECHR 656; [2003] ECHR 661; [2009] ECHR 2265 4 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Soc De Ro Sa -v- Italy 64449/01; [2003] ECHR 657; [2003] ECHR 662 4 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - claim rejected ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Todaro -v- Italy 62844/00; [2003] ECHR 660; [2003] ECHR 665 4 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Trippel -v- Germany 68103/01; [2003] ECHR 661; [2003] ECHR 666 4 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pozzi -v- Italy 59367/00; [2003] ECHR 651; [2003] ECHR 656 4 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Leonardi -v- Italy 52071/99; [2003] ECHR 644; [2003] ECHR 649 4 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Scamaccia -c- Italie 61282/00; [2003] ECHR 654; [2003] ECHR 659 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Spalletta -c- Italie 61666/00; [2003] ECHR 658; [2003] ECHR 663 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Taskin -c- Turquie 49517/99; [2003] ECHR 659; [2003] ECHR 664 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Vietri -c- Italie 66373/01; [2003] ECHR 662; [2003] ECHR 667 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Yesim Tas -c- Turquie 48134/99; [2003] ECHR 663; [2003] ECHR 668 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Calvanese And Spitaletta -v- Italy 61665/00; [2003] ECHR 637 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Frotal-Aluguer de Equipamentos -v- Portugal 56110/00; [2003] ECHR 644 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Â Marcic -v- Thames Water Utilities Limited; HL 4-Dec-2003 - [2003] UKHL 66; Times, 05 December 2003; Gazette, 29 January 2004; [2004] 2 AC 42; [2003] 50 EGCS 95; [2003] 3 WLR 1603; [2004] 1 All ER 135; [2003] NPC 150; 91 Con LR 1; [2004] BLR 1; [2004] UKHRR 253; [2004] Env LR 25; [2004] HRLR 10 Â Scaravaggi -v- Italy 63414/00; [2003] ECHR 655; [2003] ECHR 660 4 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Cavusoglu Et Autres -c- Turquie 47757/99; [2003] ECHR 633; [2003] ECHR 638 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bertuccelli -c- Italie 37110/97; [2003] ECHR 631; [2003] ECHR 635 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Leonardi -v- Italy 52071/99 4 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award European Convention on Human Rights Â Giunta -v- Italy 63514/00; [2003] ECHR 641; [2003] ECHR 646 4 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bilal Bozkurt Et Autres -c- Turquie 46388/99; [2003] ECHR 632; [2003] ECHR 636 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sarioglu -c- Turquie 48054/99; [2003] ECHR 653; [2003] ECHR 658 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Duran -c- Turquie 47654/99; [2003] ECHR 634; [2003] ECHR 639 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Dursun Et Autres -c- Turquie 44267/98; [2003] ECHR 635; [2003] ECHR 640 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Fabbri -c- Italie 58413/00; [2003] ECHR 636; [2003] ECHR 641 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Federici -c- Italie 62764/00; [2003] ECHR 637; [2003] ECHR 642 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ferreira Alves -c- Portugal (NÂ° 2) 56345/00; [2003] ECHR 638; [2003] ECHR 643 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Frotal-Aluguer De Equipamentos S.A. -c- Portugal 56110/00; [2003] ECHR 639 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Giuliani -c- Italie 62842/00; [2003] ECHR 640; [2003] ECHR 645 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Hadjikostova -c- Bulgarie 36843/97; [2003] ECHR 642; [2003] ECHR 647 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Recchi -c- Italie 67796/01; [2003] ECHR 652; [2003] ECHR 657 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kulter -c- Turquie 42560/98; [2003] ECHR 643; [2003] ECHR 648; [2009] ECHR 1732 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Muslum Gunduz -c- Turquie 35071/97; [2003] ECHR 647; [2003] ECHR 652 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Olbregts -c- Belgique 50853/99; [2003] ECHR 648; [2003] ECHR 653 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Petitta -c- Italie 60431/00; [2003] ECHR 649; [2003] ECHR 654 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Poci -c- Italie 57635/00; [2003] ECHR 650; [2003] ECHR 655 4 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kenny, Regina (on the Application of) -v- Leeds Magistrates Court, Leeds City Council [2003] EWHC 2963 (Admin); [2004] 1 All ER 1333 5 Dec 2003 Admn Owen J Crime, Children, Human Rights In cases involving children, Article 3 provides that the best interests of the child are a primary consideration, not the primary consideration. The court looked at the test for making an interim ASBO: "Consideration of whether it is just to make an order without notice is necessarily a balancing exercise. The court must balance the need to protect the public against the impact that the order sought will have upon the defendant. It will need to consider the seriousness of the behaviour in issue, the urgency with which it is necessary to take steps to control such behaviour, and whether it is necessary for orders to be made without notice in order for them to be effective. On the other side of the equation it will consider the degree to which the order will impede the defendant's rights as a free citizen to go where he pleases and to associate with whosoever he pleases. It is submitted on behalf of the Claimants that such relief can only be granted in exceptional circumstances, and that there must be compelling urgency to justify an application without notice. In my judgment that would be an unwarranted and unnecessary gloss upon the test set out in section 1D. But it is implicit in the balancing exercise that the considerations that weigh in favour of injunctive relief must be sufficiently serious to warrant what may amount to a serious interference with the civil rights of a defendant." Crime and Disorder Act 1998 1D - European Convention on Human Rights 3 1 Citers [ Bailii ] Â Abdi -v- Secretary of State for the Home Department [2003] EWHC 2921 (Admin) 5 Dec 2003 Admn Immigration, Human Rights Immigration and Asylum Act 1999 72(2)(a) - European Convention on Human Rights 8 1 Citers [ Bailii ] Â Nadarajah and Amirhanathan -v- Secretary of State for the Home Department [2003] EWCA Civ 1768; [2004] INLR 139 8 Dec 2003 CA Lady Justice Arden Lord Phillips Of Worth Matravers, MR, Lord Justice Dyson Immigration, Human Rights The Secretary of State's published policy was that, if legal proceedings were initiated, removal would not be treated as imminent even if it otherwise was. The Secretary of State also had an unpublished policy, namely that information that proceedings were about to be initiated would be disregarded, however credible that information might be. Held: The Secretary of State could not rely on an aspect of an unpublished policy to render lawful that which was at odds with his published policy. Lord Phillips of Worth Matravers, MR said: "Thus the relevance of Article 5 is that the domestic law must not provide for, or permit, detention for reasons that are arbitrary. Our domestic law comprehends both the provisions of Schedule 2 to the Immigration Act 1971 and the Secretary of State's published policy, which, under principles of public law, he is obliged to follow. These appeals raise the following questions: (1) What is the Secretary of State's policy? (2) Is that policy lawful? (3) Is that policy accessible? (4) Having regard to the answers to the above questions, were N and A lawfully detained?" 1 Cites 1 Citers [ Bailii ] Â H, Regina (on the Application of) -v- Secretary of State for the Home Department [2003] EWHC 2968 (Admin) 8 Dec 2003 Admn Immigration, Human Rights [ Bailii ] Â Bradney, Birmingham City Council -v- Birmingham City Council, McCann [2003] EWCA Civ 1783; [2004] HLR 27 9 Dec 2003 CA Lord Justice Mummery Lord Justice Tuckey Lord Phillips Of Worth Matravers, Mr Housing, Human Rights Birmingham Council had granted H & W a joint secure tenancy of a three-bedroom home. The marriage broke down and W left with the two children. She obtained a non-molestation order and an ouster order against him. H tried to force his way into the home. W applied to the council, and it provided her with alternative accommodation. H returned to the house and then applied to the council for a mutual exchange with another tenant because the house was larger than he required. An officer persuaded W to surrender the tenancy, but did not advise her that this would leave H homeless. The council obtained an order for possession. Held. H argued that in seeking to obtain from the wife the notice to quit the council had circumvented the statutory powers in relation to recovery of possession of a secure tenancy. Article 8 was not available as a defence even though the property was H's "home" under the Convention. The council had acted within its powers and the notice to quit at common law terminated the secure tenancy. Section 82 did not apply. The notice had effect though W signed without appreciating the consequences for H. This was not a "wholly exceptional" case where, for example, something had happened since the service of the notice to quit which had fundamentally altered the rights and wrongs of the proposed eviction, and the council might be required to justify its claim to override the Article 8 right. Housing Act 1985 1 Cites 1 Citers [ Bailii ] Â Cwyl -v- Poland 49920/99; [2003] ECHR 664; [2003] ECHR 669 9 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Cwyl -v- Poland 49920/99 9 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Mroz -v- Poland 35192/97 9 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Â Mroz -v- Poland 35192/97; [2003] ECHR 665; [2003] ECHR 670 9 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Appellant S395/2002 -v- Minister for Immigration and Multicultural Affairs [2003] HCA 71; [2003] 216 CLR 473; [2003] 203 ALR 112; [2003] 78 ALJR 180 9 Dec 2003 McHugh, Kirby JJ Commonwealth, Immigration, Human Rights (High Court of Australia) McHugh and Kirby JJ said: "Persecution covers many forms of harm ranging from physical harm to the loss of intangibles, from death and torture to state sponsored or condoned discrimination in social life and employment. Whatever form the harm takes, it will constitute persecution only if, by reason of its intensity or duration, the person persecuted cannot reasonably be expected to tolerate it." 1 Citers [ Austlii ] Â London Borough of Newham -v- Amrani Kibata [2003] EWCA Civ 1785 9 Dec 2003 CA Mr Justice Holman Lord Justice Mummery Housing, Human Rights [ Bailii ] Â Di Matteo -c- Italie 37511/97; [2003] ECHR 672; [2003] ECHR 677 11 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Forte and Di Giuliano -v- Italy 61998/00 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement). Â Krone Verlag Gmbh &Amp; Co Kg (No. 3) . AUSTRIA (39069/97; [2003] ECHR 678 11 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Frascino -c- Italie 35227/97; [2003] ECHR 674; [2003] ECHR 679 11 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bassani -c- Italie 47778/99; [2003] ECHR 668; [2003] ECHR 673 11 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Alfano -c- Italie 30878/96; [2003] ECHR 666; [2003] ECHR 671 11 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Karahalios -c- Greece 62503/00; [2003] ECHR 677; [2003] ECHR 682 11 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Coviello -v- Italy 39179/98; [2003] ECHR 671; [2003] ECHR 676 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â P, Regina (on the Application of) -v- Secretary of State for the Home Department [2003] EWHC 2953 (Admin); Times, 29 December 2003 11 Dec 2003 Admn Stanley Burnton J Prisons, Health, Human Rights The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing caused by the provision of successive hearings by a mental health review tribunal and (if that results in discharge from MHA detention) a Discretionary Lifer Panel. Individual delays can be judged on their own facts. The fact that the claimant had no right to have his case considered by the Parole Board until after his discharge from detention under the MHA did not infringe his rights under Article 5.4. European Convention on Human Rights - Mental Health Act 1983 49 1 Cites [ Bailii ] Â Â Attorney-General's Reference (No 2 of 2001); HL 11-Dec-2003 - [2003] UKHL 68; Gazette, 29 January 2004; [2004] 2 AC 72; [2004] 1 All ER 1049; [2004] 15 BHRC 472; [2004] 1 Cr App R 25; [2004] 2 WLR 1; [2004] HRLR 16; [2004] UKHRR 193 Â Girardi -v- Austria 50064/99 11 Dec 2003 ECHR Human Rights Â Baldi -v- Italy 32584/96; [2003] ECHR 667; [2003] ECHR 672 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Forte and Di Giuliano -v- Italy 61998/00; [2003] ECHR 673; [2003] ECHR 678 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Liguori -v- Italy 64254/01; [2003] ECHR 679; [2003] ECHR 684 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Girardi -v- Austria 50064/99; [2003] ECHR 675; [2003] ECHR 680 11 Dec 2003 ECHR Human Rights [ Worldlii ] - [ Bailii ] Â Girdauskas -v- Lithuania 70661/01; [2003] ECHR 676; [2003] ECHR 681 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to length ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings ; Inadmissible under Art. 6-1 with regard to fairness [ Bailii ] - [ Bailii ] Â Krone Verlag Gmbh &Amp; Co Kg (No 3) -v- Austria 39069/97; [2003] ECHR 683 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] Â Yankov -v- Bulgaria 39084/97; [2003] ECHR 680; [2003] ECHR 685 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Violation of Art. 10 ; Violation of Art. 13 ; Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 5-5 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award 1 Citers [ Worldlii ] - [ Bailii ] Â Coviello -v- Italy 39179/98 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Carignani -v- Italy 31925/96; [2003] ECHR 670; [2003] ECHR 675 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Carignani -v- Italy 31925/96 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Liguori -v- Italy 64254/01 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Krone Verlag Gmbh &Amp; Co Kg (No 3) -v- Austria 39069/97 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Baldi -v- Italy 32584/96 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Â Girdauskas -v- Lithuania 70661/01 11 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to length ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings ; Inadmissible under Art. 6-1 with regard to fairness Â Stansby -v- Datapulse plc and Another 15 Dec 2003 CA Pteer Gibson LJ, Latham LJ, Sir Peter Nourse Human Rights, Employment In the course of a hearing in the Employment Tribunal, it appeared to one party that a member of the tribunal was drunk and fell asleep. Held: Two questions arose. First whether that tribunal should deal with a complaint about a member of the tribunal, and second whether if impropriety of this sort was established whether a decision could nevertheless stand. The EAT had jurisdiction to hear the complaint even if it had not been so raised, though it was usually desirable that the complaint should be made to the employment tribunal. The EAT might well assume the role of deciders of issues of fact in this respect. A member failing to give his full attention might well give rise to unfairness. That the decision was reserved and then unanimous did not cure this. 1 Cites Â Sesztakov -v- Hungary 59094/00; [2003] ECHR 690; [2003] ECHR 695 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to length ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Inadmissible under Art. 6-1 with regard to fairness, Art. 8 and P1-1 [ Bailii ] - [ Bailii ] Â Mianowski -v- Poland 42083/98; [2003] ECHR 687; [2003] ECHR 692 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 8 ; Not necessary to examine Art. 34 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Kmetty -v- Hungary 57967/00 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention proceedings Â Zaborsky and Smarikova -v- Slovakia 58172/00; [2003] ECHR 691; [2003] ECHR 696 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Mianowski -v- Poland 42083/98 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 8 ; Not necessary to examine Art. 34 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Faivre -c- France (NÂ° 2) 69825/01; [2003] ECHR 682; [2003] ECHR 687 16 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cooper -v- The United Kingdom 48843/99; Times, 12 January 2004; [2003] ECHR 681; (2004) 39 EHRR 171; [2003] ECHR 686 16 Dec 2003 ECHR Human Rights, Armed Forces Hudoc Judgment (Merits and just satisfaction) The claimant had been dismissed from the RAF after a court martial. He complained that the tribunal was not independent, and that his trial was unfair. Held: The court rejected the submission that no court martial could act independently. There was sufficient separation between the various roles and the chain of command, and the claimant's rights were not infringed. European Convention on Human Rights 6.1 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Grieves -v- The United Kingdom 57067/00; Times, 12 January 2004; [2003] ECHR 683; ECHR 2003-XII; (2004) 39 EHRR 51; [2003] ECHR 688 16 Dec 2003 ECHR Human Rights, Armed Forces Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Costs and expenses partial award - Convention proceedings The claimant had been dismissed from the Royal Navy after a court martial. He complained that the tribunal did not have sufficient independence. Held: The claimant's rights were infringed. Though there was facility to appoint a prosecutor from outside the chain of command, that had not happened in the applicant's case, and he was part of the prosecuting authority. The use of a civilian to administer the procedure helped. There was no permanence to the position of president of the court martial. The judge advocates were serving officers carrying out regular naval duties. European Convention on Human Rights 6.1 - Naval Discipline Act 1957 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Matheson -v- Mazars Solutions Ltd EATS/0048/03; [2003] UKEAT 0048_03_1612 16 Dec 2003 EAT The Honourable Lord Johnston Employment, Human Rights EAT Practice and Procedure - Application. The application had been presented timeously at the ET in Edinburgh, but was out of time when retransmitted to Glasgow. The tribunal had found the Edinburgh office to be an area office, and not a regional office and therefore the application was not accepted within the Regulations. The appellant argued that the Rules were unclear since Scotland had only one Region. He also argued that the interpretation infringed his Article 6 rights. Held: The appeal failed. The Tribunal came to a conclusion that correctly interpreted the legislation against the background of the admitted facts. And "The place where the application is to be made is not the manner in which it is to be made but is a mandatory, in our opinion, direction rather then merely a directory provision. On this simple basis we do not consider that the legislation is incompatible as we construe it with the Convention. If the issue of disproportionality does arise in this context we consider that the avoidance of administrative chaos that would result from applicants being able to pick which office of the Tribunal system in Scotland they were going to make their application is a legitimate aim which is not disproportionate to the interpretation that we have put upon the provision." Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001 - European Convention on Human Rights 6 1 Cites [ Bailii ] - [ EAT ] Â PalauMartinez -v- France 64927/01; [2003] ECHR 688; [2003] ECHR 693; (2005) 41 EHRR 9; [2004] 2 FLR 810 16 Dec 2003 ECHR Human Rights, Children 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 mother's religious practices and was discriminatory; although the protection of the children was a legitimate aim, there was, in the view of the Strasbourg court, no reasonably proportionate relationship between the means employed and the legitimate aim being pursued. European Convention on Human Rights 1 Citers [ Bailii ] - [ Bailii ] Â Pokorny -v- Austria 57080/00; [2003] ECHR 689; [2003] ECHR 694 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Kovacs -v- Hungary 54457/00 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Kmetty -v- Hungary 57967/00; [2003] ECHR 685; [2003] ECHR 690; [2011] ECHR 2401 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] Â Zaborsky and Smarikova -v- Slovakia 58172/00 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Pokorny -v- Austria 57080/00 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Sesztakov -v- Hungary 59094/00 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to length ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Inadmissible under Art. 6-1 with regard to fairness, Art. 8 and P1-1 Â Kovacs -v- Hungary 54457/00; [2003] ECHR 686; [2003] ECHR 691 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Bohm -v- Germany 66357/01 - HEDEC; [2003] ECHR 720 16 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Kerekgyarto -v- Hungary 47355/99 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Kerekgyarto -v- Hungary 47355/99; [2003] ECHR 684; [2003] ECHR 689 16 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Kent Pharmaceuticals Ltd, (Regina on the Application of ) -v- Serious Fraud Office and Another [2003] EWHC 3002 (Admin); Times, 06 January 2004 17 Dec 2003 Admn The Honourable Mr Justice Maurice Kay The Honourable Mr Justice Mackay Police, Criminal Practice, Judicial Review, Human Rights The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation. Held: The decisions to disclose material to the DoH were "in accordance with law" within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should have been allowed opportunity to make representations before disclosure, and the disclosure was unfair, but in the circumstances no damages were to be awarded. Criminal Justice Act 1987 2(5) - Police and Criminal Evidence Act 1984 19 - European Convention on Human Rights 8(3) 1 Cites 1 Citers [ Bailii ] Â Ukunc and Gunes -v- Turkey 42775/98; [2003] ECHR 697; [2003] ECHR 702; [2003] ECHR 702 18 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine Art. 6-3-c ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] Â Gelsomini Sigeri Srl -v- Italy 63417/00; [2003] ECHR 693; [2003] ECHR 698 18 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Costs and expenses award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Pezone -v- Italy 42098/98; [2003] ECHR 695; [2003] ECHR 700; [2003] ECHR 700 18 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (exhaustion of domestic remedies) ; Violation of Art. 5-1 ; Violation of Art. 5-5 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] - [ Bailii ] Â Cetinkaya Et Autres -c- Turquie 57944/00; [2003] ECHR 692; [2003] ECHR 697 18 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina (Sim) -v- Parole Board Times, 02 January 2004; Gazette, 05 February 2004; [2003] EWCA Civ 1845 18 Dec 2003 CA Ward, Keene LJJ, Munby J Prisons, Human Rights The prisoner had been sentenced to an extended term of five years imprisonment for indecent assault. He had been released, and then recalled for alleged breaches of his licence. The respondent appealed findings that such a recall was subject to article 5, and that his release would be mandatory under s44A(b) if his continued detention was no longer necessary, and the board positively persuaded of that need. Held: Given the case law since the first instance decision, it was clear that the prisoner had article 5.4 rights on recall. The judge's interpretation of s44A was correct. Keene LJ: "the concept of a burden of proof is inappropriate when one is involved in risk evaluation". European Convention on Human Rights 5 - Criminal Justice Act 1991 39 44A(4) 1 Cites 1 Citers Â Skondrianos -v- Greece 63000/00;74291/01;74292/01; [2003] ECHR 701 18 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Yurtseven and Others -v- Turkey 31730/96; [2003] ECHR 698; [2003] ECHR 703; [2003] ECHR 703 18 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] - [ Bailii ] Â Skondrianos -v- Greece 74291/01; [2003] ECHR 701; 63000/00; 74292/01 18 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Pena -c- Portugal 57323/00; [2003] ECHR 694; [2003] ECHR 699; [2003] ECHR 699 18 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Pezone -v- Italy 42098/98 18 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (exhaustion of domestic remedies) ; Violation of Art. 5-1 ; Violation of Art. 5-5 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Gelsomini Sigeri Srl -v- Italy 63417/00 18 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Costs and expenses award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Ukunc and Gunes -v- Turkey 42775/98 18 Dec 2003 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine Art. 6-3-c ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings Â Yurtseven and Others -v- Turkey 31730/96 18 Dec 2003 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Skondrianos -c- Grece 63000/00; [2003] ECHR 696 18 Dec 2003 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Laws and others -v- The Society of Lloyd's [2003] EWCA Civ 1887; Times, 23 January 2004 19 Dec 2003 CA Lord Justice Clarke Lord Justice Waller Lord Justice Chadwick Insurance, Human Rights The applicants sought to amend earlier pleadings to add a claim that their human rights had been infringed by the 1982 Act, which gave the respondents certain immunities. Held: The Human Rights Act 1998 was not retrospective. At the time when it should have been made, the amendment would have been doomed to failure by virtue of the 1982 Act. Lloyd's had an accrued right under section 14(3) of the 1982 Act, namely that they had no liability in damages except where bad faith could be established. S3(1) of the HRA could not be used to construe section 14(3) of the Lloyd's Act in such a way as to alter that accrued right, which depended upon the way in which section 14(3) would be construed but for section 3 of the HRA. European Convention on Human Rights 6 - Lloyd's Act 1982 14(3) - Human Rights Act 1998 3 1 Citers [ Bailii ] Â Douglas -v- North Tyneside Metropolitan Borough Council Times, 22 January 2004; [2004] 1 All ER 709 19 Dec 2003 CA Thorpe, Jonathan Parker, Scott Baker LJJ Education, Benefits, Human Rights The applicant had sought a student loan to support his studies as a mature student. It was refused because he would be over 55 at the date of the commencement of the course. He claimed this was discriminatory. Held: The Convention required the state not to prevent access to education, not a duty to subsidise education. Though tertiary education fell within the meaning of 'education' in the Convention, the loan arrangements did not. Article 14 was not engaged. "The bottom line is that the measures of which complaint is made have to be linked to the exercise of the right guaranteed. The Secretary of State's argument is that the Student Support Regulations are not intended to promote the subject matter of Article 2. They are not to do with the right to education. Their purpose, as is set out in the evidence, is to encourage greater access to higher education primarily for students wishing to improve their skills and qualifications." The court accepted that argument. European Convention on Human Rights 14 1 Cites 1 Citers Â Secretary of State for the Home Department -v- Sim and The Parole Board [2003] EWCA Civ 1845; [2004] 2 WLR 1170; [2004] HRLR 15 19 Dec 2003 CA Ward, Keene LJJ, Munby J Prisons, Human Rights The prisoner was subject to an extended sentence, and had been recalled to prison. He now complained that the recall procedure had infringed his human rights. Powers of Criminal Courts (Sentencing) Act 2000& 85 - European Convention on Human Rights 5 1 Cites 1 Citers [ Bailii ] Â Nilsen, Regina (on the Application of) -v- Governor of HMP Full Sutton and Another [2003] EWHC 3160 (Admin); Times, 02 January 2004 19 Dec 2003 Admn Maurice Kay, J Prisons, Media, Human Rights The prisoner complained that having written an autobiography, the manuscript materials had been withheld, and that this interfered with his rights of freedom of expression. Held: Such an action by the prison authorities was not incompatible with the prisoner's rights. The materials were not privileged, but were intended for publication contrary to the standing orders. A restriction on freedom of speech had to be necessary in pursuance of a pressing social need, and that connoted something beyond 'useful, reasonable or desirable' The elements supported by the rules were not limited to good order and discipline within the prison system. There was no special position enjoyed by an autobiography over other works. The respondent had clearly carried out a proportionality assessment, and the response was proportional and rational. Despite the existence of other copies it was not futile to seek still to control futher dissemination of this material. European Convention on Human Rights 10 - Prison Act 1952 47(1) - Prisons Rules 1999 (1999 No 728) 1 Cites 1 Citers [ Bailii ] Â Â Rowland -v- The Environment Agency; CA 19-Dec-2003 - [2003] EWCA Civ 1885; Times, 20 January 2004; Gazette, 26 February 2004; [2004] 3 WLR 249; [2005] Ch 1 Â Bryce-Richards -v- Attorney General of Jersey and Another [2003] EWHC 3365 (Admin) 19 Dec 2003 Admn Extradition, Human Rights Indictable Offences Act 1848 [ Bailii ] Â Charanjit Singh -v- The Secretary of State for the Home Department for Judicial Review [2003] ScotCS 342; Times, 23 January 2004 24 Dec 2003 OHCS Lord Kirkwood And Lord President And Lord Weir Scotland, Immigration, Human Rights The applicant complained that the adjudicator who had heard his asylum appeal in 1997 had not been sufficiently independent. Held: The tribunal lacked what had come to be called 'structural independence' The common law test for impartiality was the appropriate test for the time of the hearing. That test would have differed substantially. 1 Cites [ ScotC ] - [ Bailii ] Â
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