Search Results for: European Convention on Human Rights 10 11 13

Click the case name for better results:

Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to his chosen counsel. Held: The appeal failed. The purpose of a defendant’s … Continue reading Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

Zhvavyy v Ukraine: ECHR 20 Sep 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Fifth Section Committee Citations: 6781/13, [2022] ECHR 739 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.681184

Konstantinov And Others v Russia: ECHR 22 Oct 2019

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee ECHR Judgment : Pecuniary and non-pecuniary damage – award : Third Section Committee Citations: 15364/11, [2019] ECHR 757, [2021] ECHR 1040 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: … Continue reading Konstantinov And Others v Russia: ECHR 22 Oct 2019

Sultanov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 11374/18, [2022] ECHR 702 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681103

Sovetov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 32992/13, [2022] ECHR 691 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681101

Moss v Information Commissioner: CA 15 May 2020

This case concerns the principle of open justice and the application of orthodox principles to an application by a litigant for an anonymity order, namely, the balancing exercise between an individual’s Article 8 and 6 rights of the European Convention on Human Rights and the Article 10 and 6 ECHR rights of the press and … Continue reading Moss v Information Commissioner: CA 15 May 2020

Bodalev v Russia: ECHR 6 Sep 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Citations: 67200/12, [2022] ECHR 657 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681011

Vadym Melnyk v Ukraine: ECHR 16 Sep 2022

ECHR Judgment : Remainder inadmissible : Fifth Section Citations: 62209/17, [2022] ECHR 719 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681106

Bat v Turkiye: ECHR 6 Sep 2022

ECHR Judgment : Article 11 – Freedom of assembly and association : Second Section Committee Citations: 57279/11, [2022] ECHR 663 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681009

SC v The United Kingdom: ECHR 15 Jun 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; … Continue reading SC v The United Kingdom: ECHR 15 Jun 2004

Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to him, but retained pending the appeal. Held: His appeal was allowed: ‘an anonymity order is … Continue reading Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

Bicer v Turkey: ECHR 20 Jul 2010

Citations: 19441/04, [2010] ECHR 1137 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 October 2022; Ref: scu.421163

A and Others v The United Kingdom: ECHR 21 Jan 2008

The court addressed the extent to which the admission of closed material was compatible with the fair hearing requirements of article 5.4, challenging lawfulness of detention, which imported the same rights as article 6.1 in its criminal aspect. The commission had made a declaration on incompatibility. Held: Non-disclosure of evidence could not properly go so … Continue reading A and Others v The United Kingdom: ECHR 21 Jan 2008

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

Regina v Bernard: CACD 2 Jul 1996

The court considered the general effect of serious medical condition on sentencing, and how it should allow for such a condition. Held: A sentencing court is fully entitled to take account of a medical condition by way of mitigation as a reason for reducing the length of the sentence, either on the ground of the … Continue reading Regina v Bernard: CACD 2 Jul 1996

James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012

ECHR Article 5-1 Deprivation of liberty Failure to provide the rehabilitative courses to prisoners which were necessary for their release: violation Facts – By virtue of section 225 of the Criminal Justice Act 2003, indeterminate sentences for the public protection were introduced. Like sentences of life imprisonment, these required the direction of the Parole Board … Continue reading James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012

N. v Sweden: ECHR 20 Jul 2010

Citations: 23505/09, [2010] ECHR 1139 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 October 2022; Ref: scu.421187

Buhur v Turkey: ECHR 20 Jul 2010

Citations: 24869/05, [2010] ECHR 1136 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 October 2022; Ref: scu.421166

Saadi v United Kingdom: ECHR 29 Jan 2008

(Grand Chamber) The applicant sought judicial review of the decision to detain him for a short period while his asylum claim was being subject to fast-track processing. The decision was made pursuant to a policy under which all asylum claimants falling within defined criteria (usually by nationality) were normally detained at Oakington while their claims … Continue reading Saadi v United Kingdom: ECHR 29 Jan 2008

Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012

The appellant had been deprived of his British Citizenship by an order of the respondent under the 1981 Act. That had meant that he was unable to return to the UK. He now appealed against refusal of his challenge to the order. Judges: Richards, Stanley Burnton, Gross LJJ Citations: [2012] EWCA Civ 358 Links: Bailii … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012

Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking … Continue reading Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

Lautsi v Italy: ECHR 18 Mar 2011

(Grand Chamber) The applicants complained that the presence in all state schoolrooms of a crucifix on the wall infringed the principle of secularism. The routine presence in state school classrooms of a crucifix, which was not used for worship, religious instruction or as an expression of allegiance, was held not to contravene Article 19. Though … Continue reading Lautsi v Italy: ECHR 18 Mar 2011

Lord Carlile and Others v Secretary of State for The Home Department: Admn 16 Mar 2012

The claimant had invited an Iranian dissident to speak in Parliament, and now challenged the decision of the Home Secretary to refuse her a visa on the basis that her exclusion was not conducive to the public good. She was a member of an organisation which had in the past supported terrorism, and had first … Continue reading Lord Carlile and Others v Secretary of State for The Home Department: Admn 16 Mar 2012

Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012

The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern … Continue reading Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012

Tabassum v The United Kingdom: ECHR 24 Jan 2012

Judges: Lech Garlicki, P Citations: 2134/10, [2012] ECHR 223 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Appeal from – Tabassum, Regina (on The Application of) v Secretary of State for The Home Department Admn 15-Jul-2011 The claimant challenged his detention after completion of his sentence pending deportation to Pakistan. He … Continue reading Tabassum v The United Kingdom: ECHR 24 Jan 2012

AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011

UTIAC 1) Whilst section 2 of the Human Rights Act 1998 and its associated case law requires United Kingdom tribunals in general to give effect to the jurisprudence of the European Court of Human Rights, including that Court’s guidance on how to approach evidence in international protection cases, the weighing of evidence and the drawing … Continue reading AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011

ABC Ltd v Y: ChD 6 Dec 2010

There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties might not obtain documents on the court file. Held: The applicant X was entitled … Continue reading ABC Ltd v Y: ChD 6 Dec 2010

Jude v Her Majesty’s Advocate: SC 23 Nov 2011

The Lord Advocate appealed against three decisions as to the use to be made of interviews where the detainees had not been given access to lawyers. In each case the prosecutor now appealed after their convictions had been overturned in the light of the decision in Cadder. Held: (Lord Kerr dissenting) The prosecutor’s appeals failed. … Continue reading Jude v Her Majesty’s Advocate: SC 23 Nov 2011

Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003

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 … Continue reading Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003

Coventry and Others v Lawrence and Another: SC 22 Jul 2015

The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015

K.O. v Turkey: ECHR 11 Dec 2007

Citations: 71795/01, [2007] ECHR 1078 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 September 2022; Ref: scu.262136

Lait v Evening Standard Ltd: CA 28 Jul 2011

The claimant alleged defamation by the defendant in an article regarding her expenses claims as an MP. She appealed against summary judgment in favour of the defence in their pleaded defence of honest comment. Held: Laws LJ said: ‘The principle identified in Jameel consists in the need to put a stop to defamation proceedings that … Continue reading Lait v Evening Standard Ltd: CA 28 Jul 2011

Condliff, Regina (on The Application of) v North Staffordshire Primary Care Trust: CA 27 Jul 2011

the claimant, a morbidly obese man, made a funding request to the trust for gastric surgery. This was refused because he did not meet the trust’s policy of offering funding to people who had a body mass index which exceeded a certain level. The claimant sought judicial review of the trust’s decision on the ground, … Continue reading Condliff, Regina (on The Application of) v North Staffordshire Primary Care Trust: CA 27 Jul 2011

Reyes v Al-Malki and Another: SC 18 Oct 2017

The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017

Al-Jedda v United Kingdom: ECHR 7 Jul 2011

Grand Chamber – The international measure relied on by the respondent state had to be interpreted in a manner that minimised the extent to which arbitrary detention was sanctioned or required. The court described its role in settling awards of compensation under the Convention: ‘The court recalls that it is not its role under article … Continue reading Al-Jedda v United Kingdom: ECHR 7 Jul 2011

Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility. Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in … Continue reading Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

Halcrow and Another v Crown Prosecution Service: Admn 10 Mar 2021

The court was asked whether the appellants had a reasonable excuse, within the meaning of the Stonehenge Regulations 1997, for entering the stone circle at Stonehenge on 4 February 2018 and 6 May 2018. The reasonable excuse was that the restrictions on entry to the stone circle impermissibly infringed the appellants’ rights under articles 9, … Continue reading Halcrow and Another v Crown Prosecution Service: Admn 10 Mar 2021

Gaunt, Regina (on The Application of) v The Office of Communications: CA 17 Jun 2011

The claimant appealed against rejection of his challenge to a determination of the respondent that a radio interview he conducted had been in breach of the Broadcasting Code. He said that the finding was an undue interference in his freedom of speech. Judges: Lord Neuberger MR, Toulson, Etherton LJJ Citations: [2011] EWCA Civ 692, [2011] … Continue reading Gaunt, Regina (on The Application of) v The Office of Communications: CA 17 Jun 2011

British Broadcasting Corporation v United Kingdom: ECHR 18 Jan 1996

(Commission – Admissibility) The Corporation complained that it had been served with a witness summons obliging it to to hand over materials in its possession, both broadcast and not-broadacst being coverage of a riot. Judges: Rozakis P Citations: 25798/94, [1996] ECHR 82 Links: Bailii Statutes: European Convention on Human Rights 6 10, Criminal Procedure (Attendance … Continue reading British Broadcasting Corporation v United Kingdom: ECHR 18 Jan 1996