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Derunov And Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 64021/16, [2022] ECHR 950 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682600

Kruglova And Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee Citations: 12283/14, [2022] ECHR 989 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682613

The Karibu Foundation v Norway: ECHR 10 Nov 2022

ECHR Judgment : No Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 2317/20, [2022] ECHR 982 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682608

Shapkin and Makovskyy v Ukraine: ECHR 10 Nov 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 13795/20, [2022] ECHR 975 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682636

Utin and Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 54784/16, [2022] ECHR 948 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682642

Ivanov And Others v Ukraine: ECHR 10 Nov 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 47391/15, [2022] ECHR 945 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682606

Mraovic v Croatia: ECHR 14 May 2020

ECHR Judgment : No Right to a fair trial : First Section ECHR Judgment : Struck out of the list : Grand Chamber Citations: 30373/13, [2020] ECHR 323, [2021] ECHR 294 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.651028

Dragan Petrovic v Serbia: ECHR 14 Apr 2020

ECHR Judgment : Respect for private life : Insufficient foreseeability and safeguards of domestic law governing the taking of DNA samples : Fourth Section Citations: 75229/10, [2020] ECHR 286 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650980

Keena And Kennedy v Ireland (Dec): ECHR 30 Sep 2014

ECHR Article 10-1 Freedom to impart information Freedom to receive information Award of costs against journalists for destroying evidence in order to protect their sources: inadmissible Facts – The first applicant was a correspondent on and the second applicant the editor of the Irish Times. In 2006 the newspaper published an article containing references to … Continue reading Keena And Kennedy v Ireland (Dec): ECHR 30 Sep 2014

Carnduff v The United Kingdom: ECHR 10 Feb 2004

Admissibility – The applicant is a registered police informer. He commenced an action seeking to recover payment for information that he supplied to the West Midlands police. Judges: M. Pellonpaa, P Citations: 18905/02, [2004] ECHR 731 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Carnduff v Inspector Rock and … Continue reading Carnduff v The United Kingdom: ECHR 10 Feb 2004

Esbester v United Kingdom: ECHR 2 Apr 1993

(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his rejection had been based. Held: The complaints were manifestly unfounded. As to Article 8: ‘In … Continue reading Esbester v United Kingdom: ECHR 2 Apr 1993

Nicholds and others v Security Industry Authority: Admn 19 Jul 2006

Application for judicial review of, in substance, the licensing criteria prepared and published by the Defendant, the Security Industry Authority. The applicants were door supervisors refused licenses for previous convictions. Judges: Kenneth Parker QC J Citations: [2006] EWHC Admin 1792, [2006] EWHC 1792 (Admin), [2007] 1 WLR 2067, [2007] ICR 1076 Links: Bailii Statutes: Private … Continue reading Nicholds and others v Security Industry Authority: Admn 19 Jul 2006

O’Connell, Regina (on the Application of) v The Parole Board and Another: Admn 13 Nov 2007

Fundamental issues as to the function and status of the Parole Board. It does so in the context of a challenge to the decision of the Board on the 18th July 2006 refusing to direct the claimant’s release on licence under section 247 of the Criminal Justice Act 2003 (the 2003 Act). The challenge was … Continue reading O’Connell, Regina (on the Application of) v The Parole Board and Another: Admn 13 Nov 2007

Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007

The claimant sought damages, saying that he had been unlawfully detained when found unfit to plead in 1997. Held: The claim failed. (a) The 1964 Act, and its Scottish equivalent, did not authorise anything that was arbitrary. (b) It followed that Parliament did not, by the 1986 Order, pass subordinate legislation which authorised arbitrary detention … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007

ALF v United Kingdom: ECHR 12 Nov 2013

ECHR – DECISION Citations: 5908/12, [2013] ECHR 1370 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682590

Nikolay Kostadinov v Bulgaria: ECHR 8 Nov 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Citations: 21743/15, [2022] ECHR 936 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682624

Leander v Sweden: ECHR 26 Mar 1987

Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987

Regina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd: QBD 9 Dec 1992

An injunction was not granted to restrain the publication of a decision of the ASA pending the result of a challenge by way of Judicial Review. There is a general principle in our law that the expression of opinion and the conveyance of information will not be restrained by the courts save on pressing grounds. … Continue reading Regina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd: QBD 9 Dec 1992

Solovey and Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 27990/18, [2022] ECHR 964 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682640

Kotlyar v Ukraine: ECHR 10 Nov 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 36124/13, [2022] ECHR 955 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682612

NV and CC v Malta: ECHR 10 Nov 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Citations: 4952/21, [2022] ECHR 956 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682625

Yelistratov and Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 24453/17, [2022] ECHR 951 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682650

Marina Aucanada Group SL v Spain: ECHR 8 Nov 2022

ECHR Judgment : Preliminary objection joined to merits : Third Section Citations: 7567/19, [2022] ECHR 933 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682619

FK (Democratic Republic of Congo) v Secretary of State for the Home Department: CA 14 Dec 2007

Appeal in which the issue centres around the concept of proportionality in applying Article 8 of the European Convention on Human Rights (‘the ECHR’), particularly where there has been significant delay on the part of the Secretary of State in dealing with an application for leave to remain in the United Kingdom. Citations: [2007] EWCA … Continue reading FK (Democratic Republic of Congo) v Secretary of State for the Home Department: CA 14 Dec 2007

Schluga v Austria: ECHR 19 Feb 2004

ECHR 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 65665/01 ; 71879/01 ; 72861/01 Citations: 71879/01, 65665/01, [2004] ECHR 82, [2004] ECHR 83, 72861/01 … Continue reading Schluga v Austria: ECHR 19 Feb 2004

Identoba And Others v Georgia: ECHR 12 May 2015

ECHR Article 3 Positive obligations State’s failure to protect demonstrators from homophobic violence: violation Article 14 Discrimination State’s failure to investigate homophobic motives behind violence during demonstration: violation Facts – The applicants were a non-governmental organisation set up to promote and protect the rights of LGBT people in Georgia, and 14 individuals. On 17 May … Continue reading Identoba And Others v Georgia: ECHR 12 May 2015

Ilievska v The Former Yugoslav Republic of Macedonia: ECHR 7 May 2015

Article 3 Degrading treatment Handcuffing of patient on her way to a psychiatric hospital: violation Facts – The applicant underwent cancer surgery and chemotherapy in April 2009. In October 2009 her husband called for medical assistance as she was suffering from anxiety and distress. On the advice of medical practitioners the applicant was transferred to … Continue reading Ilievska v The Former Yugoslav Republic of Macedonia: ECHR 7 May 2015

Gogitidze And Others v Georgia: ECHR 12 May 2015

ECHR Article 1 para. 2 of Protocol No. 1 Control of the use of property Forfeiture of a civil servant’s wrongfully acquired property as part of domestic anti-corruption measures: no violation Facts – In 2004 the first applicant, a former government minister, was charged with abuse of authority and extortion. The Public Prosecutor’s Office of … Continue reading Gogitidze And Others v Georgia: ECHR 12 May 2015

SL And JL v Croatia: ECHR 7 May 2015

ECHR Article 1 of Protocol No. 1 Positive obligations Failure of the state to protect the property rights of minors under a real-estate swap agreement: violation Facts – In 1997 the applicants, two minor sisters represented by their mother, purchased a villa for EUR 60,000. The mother and Z.L., who was the applicants’ legal guardian … Continue reading SL And JL v Croatia: ECHR 7 May 2015

SJ v Belgium (Striking Out): ECHR 19 Mar 2015

ECHR Grand Chamber Article 37 Article 37-1 Striking out applications Application concerning absence of suspensive effect of application for judicial review of deportation order or of refusal of leave to remain: struck out following friendly settlement Article 13 Effective remedy Absence of suspensive effect of application to Aliens Appeals Board for judicial review of deportation … Continue reading SJ v Belgium (Striking Out): ECHR 19 Mar 2015

Vardanyan and Khalafyan v Armenia: ECHR 8 Nov 2022

ECHR Judgment : Preliminary objection joined to merits and dismissed : Fourth Section Citations: 2265/12, [2022] ECHR 937 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.682644

Valeanu and Others v Romania: ECHR 8 Nov 2022

ECHR Judgment : Remainder inadmissible : Fourth Section Citations: 59012/17, [2022] ECHR 930 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.682643

Owczarek v Polish Judicial Authority: Admn 21 Nov 2022

Whether extradition to allow prosecution for theft of 80 pounds in 2003 was proportionate. Judges: Mr Justice Julian Knowles Citations: [2022] EWHC 2913 (Admin) Links: Bailii Statutes: ECHR European Convention on Human Rights 8 Jurisdiction: England and Wales Extradition, Human Rights Updated: 30 November 2022; Ref: scu.683566

O’Connor v Bar Standards Board: SC 6 Dec 2017

The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017

O’Connor v Bar Standards Board: CA 25 Jul 2016

The appellant said that the Board had infringed her human rights in its approach to disciplinary proceedings brought against her. She had been cleared and now sought a remedy. The Board successfully argued that her claims were out of time. Held: the limitation period under section 7(5)(a) had started to run when the Disciplinary Tribunal … Continue reading O’Connor v Bar Standards Board: CA 25 Jul 2016

O’Connor v Bar Standards Board: QBD 18 Dec 2014

Appeal against an order of Deputy Master Eyre by which he struck out the appellant’s statements of case and dismissed the action with judgment for the defendant with costs. The claimant said that the procedures adopted by the Board in disciplinary proceedings had (inter alia) infringed her human rights. She had eventually been cleared of … Continue reading O’Connor v Bar Standards Board: QBD 18 Dec 2014

Black, Regina (on The Application of) v Secretary of State for Justice: Admn 5 Mar 2015

The serving prisoner said that new general restrictions on smoking in public buildings applied also in prisons. were a breach of his human rights. The only spaces where prisoners were allowed now to smoke were their cells, and he would share cells with smokers, suffering second hand inhalation. He suffered health problems. Judges: Singh J … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: Admn 5 Mar 2015

Revenue and Customs, Regina (on The Application of) v HM Coroner for The City of Liverpool: Admn 21 May 2014

The Coroner, conducting an investigation into a person’s death, issued notices under para 1(2) of Schedule 5 to the Coroners and Justice Act 2009, requiring the Revenue and Customs Commissioners to provide occupational information concerning the deceased for the purpose of investigating whether he had died as a result of an industrial disease. The Commissioner … Continue reading Revenue and Customs, Regina (on The Application of) v HM Coroner for The City of Liverpool: Admn 21 May 2014

Sampanis and Others v Greece: ECHR 8 Aug 2011

Resolution as to execution of judgment Citations: 32526/05, [2011] ECHR 1637 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Appeal from – Sampanis v Greece ECHR 5-Jun-2008 The Greek authorities failed to enrol in school a group of Greek children of Roma origin who were receiving no formal education for an … Continue reading Sampanis and Others v Greece: ECHR 8 Aug 2011

Warren, Regina (on the Application of) v Her Majesty’s Assistant Coroner for Northamptonshire: Admn 29 Apr 2008

The deceased had committed suicide in his prison cell. Prison officers were charged with manslaughter by gross neglect, but they were discharged. The applicant sought now to challenge the refusal of the coroner to allow to be called to give evidence a psychiatrist who had provided a report to the family’s solicitors. The coroner felt … Continue reading Warren, Regina (on the Application of) v Her Majesty’s Assistant Coroner for Northamptonshire: Admn 29 Apr 2008

MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019

(i) A decision of the Secretary of State not to grant indefinite leave to remain to a person subject to the restricted leave policy (‘the RL policy’) does not normally engage Article 8 of the European Convention on Human Rights. However, Article 8 may be engaged by a decision to refuse to grant indefinite leave … Continue reading MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019

Spiller and Another v Joseph and Others: SC 1 Dec 2010

The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010

VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

RK and AK v The United Kingdom: ECHR 18 Oct 2005

The applicants’ young child had been suspected of being the victim of physical abuse. After court proceedings the child was removed. In later proceedings and after being placed with an aunt, she was diagnosed as having brittle bone disease. In the meantime, the mother had suffered ostracism in her community. The court had found her … Continue reading RK and AK v The United Kingdom: ECHR 18 Oct 2005

King v Telegraph Group Ltd: CA 18 May 2004

The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004

JN v Poland: ECHR 10 Nov 2022

ECHR Judgment : No Article 8 – Right to respect for private and family life : First Section Citations: 10390/15, [2022] ECHR 986 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682607

Tsvetkov and Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 17230/19, [2022] ECHR 970 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682641

Bakirdzi And EC v Hungary: ECHR 10 Nov 2022

ECHR Judgment : Article 14+P1-3 – Prohibition of discrimination : First Section Citations: 49636/14, [2022] ECHR 981 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682598

Nagoyev and Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 63528/16, [2022] ECHR 949 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682623