Search Results for: European Convention on Human Rights 10 8

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Holmes v The United Kingdom: ECHR 10 Feb 2009

The applicant complained under Article 6 – 1 of the Convention that the ancillary relief proceedings were not dealt with within a reasonable time, that he was not given a real opportunity to present his case and that some of the judges involved in the proceedings were not impartial. Judges: Lech Garlicki, P Citations: 5787/06, … Continue reading Holmes v The United Kingdom: ECHR 10 Feb 2009

Kennedy v United Kingdom: ECHR 20 Nov 2008

Citations: 26839/05, [2008] ECHR 1575 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Kennedy v United Kingdom ECHR 18-May-2010 The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a … Continue reading Kennedy v United Kingdom: ECHR 20 Nov 2008

Sylvester v Austria: ECHR 15 Sep 2010

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 … Continue reading Sylvester v Austria: ECHR 15 Sep 2010

Stevens v Secretary of State for Communities and Local Government and Another: Admn 10 Apr 2013

The court was asked as to important issues as the approach of both planning decision-makers and the court to proportionality in circumstances in which a planning decision engages the right to respect for family life under article 8 of the European Convention on Human Rights, and in particular involves the rights of children. Judges: Hickinbottom … Continue reading Stevens v Secretary of State for Communities and Local Government and Another: Admn 10 Apr 2013

Legillon v France: ECHR 10 Jan 2013

ECHR Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Agnelet v. France, no. 61198/08, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for … Continue reading Legillon v France: ECHR 10 Jan 2013

Bucur And Toma v Romania: ECHR 8 Jan 2013

ECHR Article 10-1Freedom to impart informationCriminal conviction for making public irregular telephone tapping procedures: violationFacts – The first applicant worked in the telephone communications surveillance and recording department of a military unit of the Romanian Intelligence Service (RIS). In the course of his work he came across a number of irregularities. In addition, the telephones … Continue reading Bucur And Toma v Romania: ECHR 8 Jan 2013

Claes v Belgium: ECHR 10 Jan 2013

ECHR Article 3Degrading treatmentStructural problems resulting in prisoner suffering from mental disorders being held for more than fifteen years in prison psychiatric wing with no hope of change or appropriate medical care: violationFacts – In February 1978 a Criminal Court judgment ruled that the applicant, who had raped his underage sisters, was not criminally responsible … Continue reading Claes v Belgium: ECHR 10 Jan 2013

AK and L v Croatia: ECHR 8 Jan 2013

ECHR Article 8-1 Respect for family life Authorities’ failure to ensure legal representation of mentally disabled applicant in proceedings divesting her of parental rights and to inform her of adoption proceedings in respect of her son: violation Facts – The first applicant is the mother of the second applicant L., who was born in 2008. … Continue reading AK and L v Croatia: ECHR 8 Jan 2013

Agnelet v France: ECHR 10 Jan 2013

Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Legillon v. France, no. 53406/10, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for murder. … Continue reading Agnelet v France: ECHR 10 Jan 2013

Ashby Donald And Others v France: ECHR 10 Jan 2013

ECHR Article 10-1Freedom of expressionConviction of photographers for copyright infringement through publication on the Internet of photographs of fashion show: no violationARTICLE 10Freedom of expressionno violationFacts – The applicants are fashion photographers. Accredited by the French designers’ federation Federation francaise de la couture for different fashion publications, they were invited by various fashion houses to … Continue reading Ashby Donald And Others v France: ECHR 10 Jan 2013

Ayliffe And Others v United Kingdom: ECHR 10 Feb 2009

The applicants were all either employees of or volunteers for Greenpeace. They were charged with a number of offences relating to the boarding of a cargo ship. They were acquitted but the trial judge refused to award the applicants their costs in the criminal proceedings. They complained that the refusal to award them their costs … Continue reading Ayliffe And Others v United Kingdom: ECHR 10 Feb 2009

Falter Zeitschriften Gmbh v Austria (No 2) (1707): ECHR 18 Sep 2012

Citations: 3084/07 – HEJUD, [2012] ECHR 1707 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Falter Zeitschriften Gmbh v Austria (No 2) (2044) ECHR 18-Sep-2012 ECHR Article 10-1 Freedom of expression Publication of untrue statements concerning alleged judicial bias: no violation Facts – In May 2005 a … Continue reading Falter Zeitschriften Gmbh v Austria (No 2) (1707): ECHR 18 Sep 2012

Wynne v United Kingdom: ECHR 18 Jul 1994

A Discretionary lifer is not entitled to a review by a court of his continued detention. His article five rights were not breached. Where a national court imposed a fixed sentence of imprisonment, the supervision required by article 5.4 was incorporated into that judgment. The court held that the mandatory life sentence belonged to a … Continue reading Wynne v United Kingdom: ECHR 18 Jul 1994

Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

Bayatyan v Armenia: ECHR 10 May 2010

Referral to Grand Chamber Judges: Josep Casadevall, P Citations: 23459/03, [2010] ECHR 1998 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Bayatyan v Armenia ECHR 27-Oct-2009 The claimant was a Jehovah’s Witness and accordingly a pacifist. He complained of being obliged to undertake military service. No alternative service was offered. He … Continue reading Bayatyan v Armenia: ECHR 10 May 2010

Ramirez Sanchez v France: ECHR 2 Dec 2010

(Execution of Judgment) Record of satisfaction of judgment against it by the respondent. Judges: L Wildhaber P Citations: [2010] ECHR 2241 Links: Bailii Statutes: European Convention on Human Rights 3 Citing: See Also – Ramirez Sanchez v France ECHR 27-Jan-2005 The applicant complained that he had been held in solitary confinement for a period of … Continue reading Ramirez Sanchez v France: ECHR 2 Dec 2010

Falter Zeitschriften Gmbh v Austria (No 2) (2044): ECHR 18 Sep 2012

ECHR Article 10-1 Freedom of expression Publication of untrue statements concerning alleged judicial bias: no violation Facts – In May 2005 a certain HP was acquitted in criminal proceedings of the attempted rape of an asylum-seeker. The applicant company published an article which was highly critical of those proceedings, in particular on account of the … Continue reading Falter Zeitschriften Gmbh v Austria (No 2) (2044): ECHR 18 Sep 2012

Egmez v Cyprus (Dec): ECHR 18 Sep 2012

ECHR Article 35-3 Ratione materiae Complaint relating to implementation of previous European Court judgment and raising no new facts: inadmissible Facts – In a judgment of 21 December 2000,* the Court found that the applicant in the present case had been ill-treated contrary to Article 3, and that there had been a breach of Article … Continue reading Egmez v Cyprus (Dec): ECHR 18 Sep 2012

Harman v United Kingdom: ECHR 11 May 1984

ECHR Article 7 of the Convention: Allegedly unforeseeable conviction for the contempt of court (Complaint declared admissible). Articles 10 and 14 of the Convention : Official documents produced in the course of discovery proceedings: solicitor found guilty of contempt of court notwithstanding that the documents had been read out in open court. Question of violation … Continue reading Harman v United Kingdom: ECHR 11 May 1984

Al Nashiri v Poland: ECHR 10 Jul 2012

ECHR Article 3 Torture Alleged complicity in practice of rendition of persons to secret detention sites at which illegal interrogation methods were employed: communicated Effective investigation Alleged failure to acknowledge and investigate details of ill-treatment and enforced disappearance: communicated [This summary also covers the communicated case of Al Nashiri v. Romania, no. 33234/12.] The applicant, … Continue reading Al Nashiri v Poland: ECHR 10 Jul 2012

Sengul And Others v Turkiye: ECHR 18 Oct 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 10596/13, [2022] ECHR 898 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.681864

Gunnerside Estates Limited v Terence Milner, Cynthia Mary Milner (Easements): LRA 18 Aug 2010

LRA An application to cancel a unilateral notice in respect of shooting rights on the basis that such rights interfered with the registered proprietors’ human rights under Article 8 of the European Convention on Human Rights and Article 1 of the First Protocol. Human rights found to have no relevance to the question of cancellation, … Continue reading Gunnerside Estates Limited v Terence Milner, Cynthia Mary Milner (Easements): LRA 18 Aug 2010

Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012

The defendant appealed against an anti-social behaviour order. He had been a journalist, and began a private newsletter and campaign alleging amongst other things corruption in the police. He complained that his article 10 rights had been infringed. Held: The order was quashed. Pitchford LJ said: ‘that separate issues arise out of these blogs. In … Continue reading Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012

MF (Article 8 – New Rules) Nigeria: UTIAC 31 Oct 2012

UTIAC Prior to the new immigration rules (HC 194) introduced on 9 July 2012, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights.The … Continue reading MF (Article 8 – New Rules) Nigeria: UTIAC 31 Oct 2012

Re Erskine 1948 Trust: ChD 29 Mar 2012

The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012

Stokes v The United Kingdom: ECHR 18 Oct 2012

The applicant complained of the failure to protect her article 8 rights. As a traveller and heavily pregnant she had been obliged to vacate her temporary pitch. Citations: 65819/10 – HECOM, [2012] ECHR 1862 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights, Housing, Land Updated: 06 November 2022; Ref: scu.465579

Cases Of De Wilde, Ooms And Versyp (‘Vagrancy’) v Belgium (Article 50): ECHR 10 Mar 1972

Citations: 2899/66, [1972] ECHR 1, 2832/66, 2835/66 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – In re De Wilde, Ooms and Versyp v Belgium (No 1) ECHR 18-Nov-1970 The applicants had been detained under Belgian vagrancy laws. An earlier decision had found that their rights had been infringed because of the … Continue reading Cases Of De Wilde, Ooms And Versyp (‘Vagrancy’) v Belgium (Article 50): ECHR 10 Mar 1972

Buckland v The United Kingdom: ECHR 18 Sep 2012

The applicant alleged that the Court of Appeal’s decision to dismiss her appeal and uphold the judgment making a possession order constituted an unjustified breach of her right to respect for her home and her family life and discriminated against her, in violation of Article 8 taken alone and in conjunction with Article 14. Held: … Continue reading Buckland v The United Kingdom: ECHR 18 Sep 2012

Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007

(Statement of Facts) To resist an extradition application to America to stand trial on various federal charges, the appellants claimed that if they were extradited there was a real prospect that they would be made subject to a determination by the President that would have the effect that they be detained indefinitely and/or that they … Continue reading Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007

Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

It will only be in exceptional circumstances that an applicant’s private or family life in a contracting state will outweigh the legitimate aim pursued by his or her extradition. Recalling that there is no right in the Convention not to be extradited and that, by implication, there is no right to be prosecuted in a … Continue reading Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

Pontes v Portugal: ECHR 10 Apr 2012

‘The Court repeats forcefully, in such cases, the interests of the child must come before any other consideration.’ Judges: Tulkens P Citations: 19554/09 (French text), [2012] ECHR 1573 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – ANS and Another v ML SC 11-Jul-2012 The mother opposed adoption proceedings, and argued that … Continue reading Pontes v Portugal: ECHR 10 Apr 2012

Z And Others v The United Kingdom: ECHR 10 May 2001

Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001

Stancu And Others v Romania: ECHR 18 Oct 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Fourth Section Citations: 22953/16, [2022] ECHR 899 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681866

Regina (M) v Inner London Crown Court: Admn 10 Feb 2003

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 … Continue reading Regina (M) v Inner London Crown Court: Admn 10 Feb 2003