Search Results for: European Convention on Human Rights 2 3

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Yavorivskaya v Russia: ECHR 21 Jul 2005

Citations: 34687/02, [2005] ECHR 533, [2005] ECHR 533 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 May 2022; Ref: scu.230693

Reyhan v Turkey: ECHR 21 Jul 2005

Citations: 38422/97, [2005] ECHR 525, [2005] ECHR 525 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 May 2022; Ref: scu.230688

Atmatzidi v Greece: ECHR 21 Jul 2005

Citations: 2895/03, [2005] ECHR 506, [2005] ECHR 506 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 May 2022; Ref: scu.230670

Fox v Commissioners of Customs and Excise: QBD 3 Jul 2002

The claimant had been stopped by customs. He had imported various items which it was alleged exceeded the amounts appropriate for personal use. The goods had been mixed with those of his travelling companion. At trial he sought to challenge the fact that the Customs had treated his and his companion’s goods together. Held: The … Continue reading Fox v Commissioners of Customs and Excise: QBD 3 Jul 2002

Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001

When a court considered ordering a restriction on reporting of a case until after it was concluded, it had a three stage test to apply. First, would the reporting create a not insubstantial risk of prejudice. If there was no such risk, an order could not be made. Second, would an order reduce or remove … Continue reading Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001

Regina v Manchester Crown Court, ex parte McCann and others: QBD 22 Nov 2000

An application for an anti-social behaviour order against an individual was a civil, not a criminal proceeding. The standard of evidence required was on the balance of probability; the civil standard. Such proceedings were not subject to the additional protection of the human rights convention. Necessarily, the circumstances from which protection was sought were ones … Continue reading Regina v Manchester Crown Court, ex parte McCann and others: QBD 22 Nov 2000

Regina (Pearson Martinez and Hirst) v Secretary of State for the Home Department and Others; Hirst v Attorney-General: QBD 17 Apr 2001

A law which removed a prisoner’s right to vote whilst in prison was not incompatible with his human rights. The implied right to vote under article 3 was not absolute, and states had a wide margin of appreciation as to how and to what extent the right should be limited, provided that the conditions should … Continue reading Regina (Pearson Martinez and Hirst) v Secretary of State for the Home Department and Others; Hirst v Attorney-General: QBD 17 Apr 2001

Foxley v United Kingdom: ECHR 20 Jun 2000

A bankrupt was suspected of disposing of his assets to avoid a confiscation order. The trustee in bankruptcy obtained an order for the bankrupt’s post to be diverted to her whilst he was in prison. She opened all post and copied it before forwarding it to the bankrupt. This included correspondence with his legal advisers. … Continue reading Foxley v United Kingdom: ECHR 20 Jun 2000

Gough and Another v Chief Constable of Derbyshire; Regina (Miller) v Leeds Magistrates’ Court; Lilley v Director of Public Prosecutions: QBD 13 Jul 2001

Challenges were made to the powers banning the free movement of those convicted of offences of violence. Orders had been made banning the applicants from attending football matches, and requiring attendance at police stations at times of matches abroad. Such orders were not imposed as a penalty, being rather for the purposes of preventing disorder, … Continue reading Gough and Another v Chief Constable of Derbyshire; Regina (Miller) v Leeds Magistrates’ Court; Lilley v Director of Public Prosecutions: QBD 13 Jul 2001

Faulkner v United Kingdom: ECHR 30 Nov 1999

The Island of Guernsey had failed in its duty to introduce a system of legal aid to provide legal representation to those unable to afford it. An amicable settlement was reached under which Guernsey undertook to introduce such a system. A system which had provided limited voluntary assistance in criminal cases, but no assistance in … Continue reading Faulkner v United Kingdom: ECHR 30 Nov 1999

Curley v United Kingdom: ECHR 28 Mar 2000

A prisoner was sentenced to be detained during her majesty’s pleasure, but given a tariff which expired in 1987. Reviews of his continued detention did not lead to his release. He complained that the system of reviews by a Parole Board whose recommendations for release were subject to approval by the Home Secretary did not … Continue reading Curley v United Kingdom: ECHR 28 Mar 2000

Casado Coca v Spain: ECHR 24 Feb 1994

The right to freedom of expression is not personal to the individual and is capable of being enjoyed by corporate legal persons, and commercial advertising, such as that of the claimants, is protected by Article 10(1). However, the control of lawyers’ right to advertise their practices, was not a breach of the right of free … Continue reading Casado Coca v Spain: ECHR 24 Feb 1994

Stoicescu v Roumanie: ECHR 4 Mar 2003

Citations: 31551/96, [2003] ECHR 117, [2004] ECHR 432, [2004] ECHR 432, [2003] ECHR 118 Links: Worldlii, Worldlii, Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 May 2022; Ref: scu.213358

Stankov And The United Macedonian Organisation Ilinden v Bulgaria: ECHR 2 Oct 2001

Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed; Violation of Art. 11; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses partial award – Convention proceedings Citations: 29221/95, 29225/95, [2001] ECHR 563, [2001] ECHR 567 Links: Worldlii, Bailii Statutes: European Convention on … Continue reading Stankov And The United Macedonian Organisation Ilinden v Bulgaria: ECHR 2 Oct 2001

Krzak v Poland: ECHR 6 Apr 2004

ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Inadmissible under Art. 6-1 with regard to criminal proceedings ; Inadmissible with regard to the second applicant ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected Citations: 51515/99, [2004] ECHR 136, [2004] … Continue reading Krzak v Poland: ECHR 6 Apr 2004

Roseltrans v Russia: ECHR 21 Jul 2005

Citations: 60974/00, [2005] ECHR 527, [2005] ECHR 527 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 May 2022; Ref: scu.230689

BBC, Petitioners (No 2): HCJ 13 Jun 2000

A ban on the televising of the Lockerbie trial was not a breach of the broadcasters rights under article 10. The fact that arrangements had been made for the trial to be relayed by television under strict conditions to relatives of the deceased, but not for general use was not determinative. The exercise by the … Continue reading BBC, Petitioners (No 2): HCJ 13 Jun 2000

Attorney General’s Reference (No 2 of 2001): CACD 12 Jul 2001

When assessing whether the defendant’s right to a trial within a reasonable time had been infringed, the court should look as from the date at which he was charged, or served with a summons, and not from the date of the first interview. Although a suspect could suffer material prejudice from the date of the … Continue reading Attorney General’s Reference (No 2 of 2001): CACD 12 Jul 2001

Narjis v Italy: ECHR 14 Feb 2019

ECHR Judgment : No Article 8 – Right to respect for private and family life : First Section Citations: 57433/15, [2019] ECHR 150 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 May 2022; Ref: scu.633733

Basar v Turkey: ECHR 22 Jan 2019

ECHR Judgment : No Article 3 – Prohibition of torture : Second Section Committee French Tex Citations: 10015/10, [2019] ECHR 70 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 May 2022; Ref: scu.633613

Mifsud v Malta: ECHR 29 Jan 2019

ECHR Judgment : No Article 8 – Right to respect for private and family life : Third Section Citations: 62257/15, [2019] ECHR 93 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 May 2022; Ref: scu.633666

BBC Scotland, McDonald, Rodgers and Donald v United Kingdom: ECHR 23 Oct 1997

The court accepted the compatibility with article 10 of restrictions on the publication of material which may prejudice the outcome of court proceedings Citations: Unreported, 23 October 1997, 34324/96 Statutes: European Convention on Human Rights 10 Cited by: Cited – A v British Broadcasting Corporation (Scotland) SC 8-May-2014 Anonymised Party to Proceedings The BBC challenged … Continue reading BBC Scotland, McDonald, Rodgers and Donald v United Kingdom: ECHR 23 Oct 1997

Core Issues Trust v Transport for London: Admn 22 Mar 2013

The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013

Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad: Admn 11 Jan 2012

The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview. Held: The claim succeeded. The decision was quashed and must be retaken. If ever any case justified exceptional treatment, this was one. He had been held without trial for … Continue reading British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad: Admn 11 Jan 2012

In Re N (Leave to withdraw care proceedings): 2000

Citations: [2000] 1 FCR 258 Statutes: European Convention on Human Rights Jurisdiction: England and Wales Cited by: Cited – Payne v Payne; P v P CA 13-Feb-2001 No presumption for Mother on Relocation The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, … Continue reading In Re N (Leave to withdraw care proceedings): 2000

In Re A (Adoption: Mother’s Objections): 2000

Citations: [2000] 1 FLR 665 Statutes: European Convention on Human Rights Jurisdiction: England and Wales Cited by: Cited – Payne v Payne; P v P CA 13-Feb-2001 No presumption for Mother on Relocation The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, … Continue reading In Re A (Adoption: Mother’s Objections): 2000

In re A (permission to remove child from jurisdiction: human rights): CA 2000

The mother had been given leave by the Recorder to remove a ten month old girl permanently from the jurisdiction to the United States in circumstances where the mother`s job prospects were better in New York than in England. The father, (in person) raised the question of a breach of his right under Article 8(1). … Continue reading In re A (permission to remove child from jurisdiction: human rights): CA 2000

Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: CA 25 Jul 2008

The claimant appealed dismissal of his claim for wrongful imprisonment having been detained in 1997 on being found unfit to plead to an offence of violence. Held: Parliament had a legitimate concern for the protection of the public, and defendants themselves, from persons whom it would be unfair to try because they have insufficient understanding … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: CA 25 Jul 2008

Baskan v Turkey: ECHR 21 Jul 2005

Citations: 66995/01, [2005] ECHR 507, [2005] ECHR 507 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 May 2022; Ref: scu.230671

Nilsen v HM Prison Full Sutton and Another: CA 17 Nov 2004

The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights. Held: Section 47 of the Act speaks not only of regulation and management … Continue reading Nilsen v HM Prison Full Sutton and Another: CA 17 Nov 2004

Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004

The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate. Held: The Act was to be interpreted without deference to the respondent, and because of the powers … Continue reading Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004

Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005

The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005

Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005

The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his rights to a fairtrial were not engaged. Held: The prisoner’s appeal was dismissed. … Continue reading Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005

Campbell v The United Kingdom: ECHR 25 Mar 1992

The applicant complained about the compatibility with the European Convention of the Prisons rule 74(4) which provided that ‘every letter to or from a prisoner shall be read by the Governor . . and it shall be within the discretion of the Governor to stop any letter if he considers that the contents are objectionable.’ … Continue reading Campbell v The United Kingdom: ECHR 25 Mar 1992

Mersey Care NHS Trust v Ackroyd: QBD 7 Feb 2006

The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical records. Held: The need for involvement by the third party in the source’s wrongdoing is a … Continue reading Mersey Care NHS Trust v Ackroyd: QBD 7 Feb 2006

Singh and others v Chief Constable of West Midlands Police: QBD 4 Nov 2005

A play was presented which was seen by many Sikhs as offensive. Protesters were eventually ordered to disperse under s30 of the 2003 Act. The defendants appealed their convictions for having breached that order, saying that it interfered with their rights of free speech and of assembly. Held: The appeal failed. There had been a … Continue reading Singh and others v Chief Constable of West Midlands Police: QBD 4 Nov 2005

Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina. Held: The issue of such a warrant was a serious step. The court gave guidance on the practice to be followed, but it was not correct for the … Continue reading Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another: Admn 19 Dec 2003

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. … Continue reading Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another: Admn 19 Dec 2003

Regina v Secretary of State for Home Department ex parte Mellor: CA 4 Apr 2001

A prisoner had no right to facilities to artificially inseminate his wife. In this case, he might not be released for several years, and there were no medical reasons advanced for finding exceptional reasons under the Department policy. Provided the interference with the prisoner’s rights was proportionate, a refusal to provide the additional facilities which … Continue reading Regina v Secretary of State for Home Department ex parte Mellor: CA 4 Apr 2001