Tarantino And Others v Italy: ECHR 2 Apr 2013
Citations: 64090/09 – HEJUD, [2013] ECHR 255, 25851/09, 29284/09 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472475
Citations: 64090/09 – HEJUD, [2013] ECHR 255, 25851/09, 29284/09 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472475
ECHR Positive obligationsArticle 2-1LifeEffective investigationFailure to establish responsibility of senior officers for conscript’s suicide following incident of hazing: violationFacts – In April 1999 the applicant’s son, who was performing mandatory military service at the time, was found dead, with gunshot wounds to his head, about six hundred metres from his post. A criminal investigation which … Continue reading Mosendz v Ukraine: ECHR 17 Jan 2013
ECHR Article 10-1Freedom of expressionConviction for having spoken non-official language during election campaigns: violationArticle 46Article 46-2Execution of judgmentMeasures of a general characterRespondent State required to reform the system of judicial disciplineFacts – The applicants, candidates in parliamentary and municipal elections, were convicted and sentenced to prison terms and fines for having spoken Kurdish during rallies, … Continue reading Sukran Aydin And Others v Turkey: ECHR 22 Jan 2013
Citations: 38128/03 – HEJUD, [2013] ECHR 259 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472458
Judges: Ineta Ziemele, P Citations: 27770/08 – Chamber Judgment, [2013] ECHR 299 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472449
Citations: 44539/11 – Chamber Judgment, [2013] ECHR 298, 70073/10 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472461
Citations: 1401/08 – Chamber Judgment, [2013] ECHR 296 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472452
ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013
Citations: 10987/10 (Judgment (Merits and Just Satisfaction)), [2012] ECHR 1367 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Ibrahim Gurkan v Turkey (CLIN) ECHR 3-Jul-2012 ECHR Article 6 Criminal proceedings Article 6-1 Impartial tribunal Independent tribunal Participation of serving military officer in military criminal court: violation Facts – . … Continue reading Ibrahim Gurkan v Turkey: ECHR 3 Jul 2012
ECHR Article 9-1 Manifest religion or belief Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible with their religious beliefs: violation; no violations Article 14 Discrimination Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013
Citations: 24892/03 – HEJUD (French text), [2013] ECHR 124 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.470786
ECHR Article 3TortureEffective investigationLarge-scale violence against prisoners to punish them for peaceful hunger strike and absence of effective investigation: violationsFacts – In January 2007 the applicants, who were all serving prison sentences, took part in a hunger strike with other prisoners to protest about their conditions of detention. A week later the prison authorities conducted … Continue reading Karabet And Others v Ukraine: ECHR 17 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
Citations: 64541/01, [2009] ECHR 1938, [2011] ECHR 28 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.381395
Citations: 23076/09, [2009] ECHR 2096 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.392738
Citations: 2962/08, [2009] ECHR 2104 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.392755
Citations: 44581/08, [2009] ECHR 1929 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.381404
Citations: 29908/05, [2009] ECHR 1924 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.381442
Citations: 29853/96, [2004] ECHR 155, 29486/95, 29487/95 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.277192
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 … Continue reading AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003
The appellant a foreign national, had been convicted of very serious sex offences, and as his sentence came to an end was ordered to be deported. He appealed saying this infringed his right to a family life. Held: The court had to balance the public revulsion at his crimes with the need for compassion. The … Continue reading N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004
ECHR Judgment : Right to a fair trial : Fifth Section Citations: 39331/09, [2020] ECHR 281 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.649790
ECHR Judgment : Article 2 – Right to life : Third Section Committee Citations: 53284/13, [2020] ECHR 224 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.649783
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 34882/12, [2020] ECHR 209 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.649741
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Citations: 69270/12, [2020] ECHR 139 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.649685
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
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
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
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
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
FTTTx INCOME TAX – Appeal against amendment made by a closure notice – Whether Tribunal has the power to allow an appeal on grounds that the application of the law in the circumstances of the particular case would be manifestly unreasonable and unjust and would not achieve the purposes of the legislation – European Convention … Continue reading Anderson v Revenue and Customs: FTTTx 18 Feb 2013
Citations: 2964/12 – HEJUD, [2013] ECHR 252 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472096
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
Citations: 10425/09 – HEJUD (French text), [2013] ECHR 248 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472046
Citations: 21794/08 – HEJUD, [2013] ECHR 239 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472055
The applicant said that his proposed deportation to Ethiopia would infringe his article 3 rights, and in particular whether SIAC was entitled to conclude that assurances given by the Ethiopian Government were a satisfactory safeguard, even though not all the arrangements for monitoring fulfilment of those assurances were in place. Judges: Jackson, Elias, Treacy LJJ … Continue reading J1 v Secretary of State for The Home Department: CA 27 Mar 2013
Citations: 29540/08 – HEJUD (French text), [2013] ECHR 245 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472050
Citations: 22568/05 – HEJUD, [2013] ECHR 247 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472049
The court was asked as to the extent of the Secretary of State’s discretion and obligation to consider a person’s Article 6 rights when requested personally to serve a judgment of an overseas court pursuant to a request for mutual legal assistance from the government of the country of that overseas court. The Claimant said … Continue reading Ismail v Secretary of State for Home Department: Admn 26 Mar 2013
A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B was 2 and a … Continue reading A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013
Citations: 43888/08 – HEJUD, [2013] ECHR 233 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471897
Citations: 49734/12 – HECOM, [2013] ECHR 202 Links: Bailii Statutes: European Convention on Human Rights Human Rights, Immigration, Family Updated: 14 November 2022; Ref: scu.471844
Citations: 17384/06, [2010] ECHR 989 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.418549
Citations: 39444/08, [2010] ECHR 991 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.418515
Citations: 24202/05, [2010] ECHR 994 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.418573
The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006
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
Citations: 35659/02 – HEJUD (French Text), [2013] ECHR 183 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471338
The prisoners appealed saying that the whole life terms set on the imposition of a life sentence for murder were a breach of their human rights. Held: The continued detention of three defendants who had been made subject to a whole life tariff did not violate Article 3 because the ‘requirements of punishment and deterrence … Continue reading Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012
Citations: 23123/06 – HEJUD (French text), [2013] ECHR 161 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471028
Citations: 61800/08 – HEJUD, [2013] ECHR 154 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471029
Citations: 2834/06 – HEJUD, [2013] ECHR 153 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471035
Citations: 1285/03 – HEJUD (French text), [2013] ECHR 149 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471026
Citations: 39786/09 – HEJUD, [2013] ECHR 158 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471040
Citations: 25368/10 – HEJUD, [2013] ECHR 164 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471034
Citations: 16264/05 – HEJUD, [2013] ECHR 159 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471038
Citations: 24378/04 – HEJUD (French text), [2013] ECHR 157 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471027
Grand Chamber – The applicants alleged that they had been discriminated against in comparison with different-sex couples, as second-parent adoption was legally impossible for a same-sex couple. Held: An applicant is entitled to the reimbursement of costs and expenses in so far as it has been shown that these have been actually and necessarily incurred … Continue reading X And Others v Austria: ECHR 19 Feb 2013
Citations: 23386/09 – HEJUD, [2013] ECHR 160 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471025
Citations: 38291/07 – HEJUD, [2013] ECHR 156 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471030
The claimants alleged unfair in their trial after admission in evidence of statements of witnesses who had died before the trial. Citations: 4184/10 – HECOM, [2013] ECHR 146 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: At SC – Horncastle and Others, Regina v SC 9-Dec-2009 Each defendant said they had … Continue reading Horncastle And Others v The United Kingdom: ECHR 30 Jan 2013
Citations: 48494/06 – HEJUD, [2013] ECHR 132 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.470916
UTIAC 1. In cases to which the new Immigration Rules introduced as from 9 July 2012 by HC 194 apply, judges should proceed by first considering whether a claimant is able to benefit under the applicable provisions of the Immigration Rules designed to address Article 8 claims. Where the claimant does not meet the requirements … Continue reading Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013
Citations: 6185/09 – HEJUD, [2012] ECHR 1962, 31933/08, 10185/10, 20939/11, 3167/11, 42151/10, 46696/09, 52792/09, 53518/09, 60084/08 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.465971
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 39954/19, [2022] ECHR 904 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681858
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 2564/21, [2022] ECHR 795 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681628
ECHR Judgment : Preliminary objection dismissed : Third Section Citations: 34085/17, [2022] ECHR 901 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681863
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 4806/18, [2022] ECHR 855 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681639
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 4973/18, [2022] ECHR 856 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681737
Citations: 2385/64, [1967] ECHR 17 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.465145
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
(Grand Chamber) The claimants complained of the use against them of hearsay evidence in their trials. Held: ‘the underlying principle is that the defendant in a criminal trial should have an effective opportunity to challenge the evidence against him. This principle requires not merely that the defendant should know the identity of his accusers so … Continue reading Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013
The claimant was facing trial in Bali which would eventually lead to a sentence of death. She complained of inadequate legal assistance before and at the trial. She had been represented by a local lawyer, paid with funds (andpound;5,000) raised by her sister, but who (according to her) spoke little English and had no experience … Continue reading Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 4 Feb 2013
Citations: 8159/08 – HEJUD, [2013] ECHR 50, 1441/07, 19511/10, 32382/07, 37282/08 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.469790
Citations: 39143/06 – HEJUD (French text), [2013] ECHR 48 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 13 November 2022; Ref: scu.469796
Citations: 14284/08 – HEJUD, [2013] ECHR 46 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.469793
Citations: 12825/02, [2006] ECHR 654, [2011] ECHR 2146, [2011] ECHR 2187 Links: Worldlii, Bailii, Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.243934
(Grand Chamber) The applicant, a prisoner serving a long sentence for Mafia-type criminal offences, was subjected to a special regime by ministerial decrees. The restrictions included not only very limited family visits but also a long period (seemingly about three years) in a special form of high-security unit which involved separation from prisoners in other … Continue reading Enea v Italy: ECHR 17 Sep 2009
The claimant complains about the police’s continued retention of information relating to him on the Police National Computer, retention which is said to be in breach of his rights under Article 8 of the European Convention on Human Rights. Judges: Richards LJ, Ouseley J Citations: [2012] EWHC 3430 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading V, Regina (on The Application of) v Commissioner of Police for The City of London: Admn 14 Nov 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
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
Citations: 30105/05, [2009] ECHR 1939 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.381427
Citations: 75300/01, [2009] ECHR 1936 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.381407
Citations: 41516/10 – HECOM, [2012] ECHR 1995 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Lauchlan and Another v HM Advocate HCJ 5-Jun-2009 The appellants were charged with murder. They appealed against an extension of time given to allow the prosecution to proceed. Held: The appeal failed. . … Continue reading O’Neill v The United Kingdom: ECHR 13 Nov 2012
Article 8-1 Respect for private life Refusal by the German courts to examine the merits of an application by a man whose wife had just committed suicide in Switzerland after having attempted unsuccessfully to obtain authorisation to purchase a lethal substance in Germany: violation Facts – In 2004 the applicant’s wife, who was suffering from … Continue reading Koch v Germany: ECHR 19 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
Citations: 52888/08, 4995/09, 61143/08 – HEJUD, [2012] ECHR 2054, 5068/09, 5141/09, 58528/08, 59194/08, 60462/08, 60473/08, 60628/08, 610/09, 61116/08, 61131/08, 61139/08 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.467015
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000
The applicant challenged the decision of the respondent Northern Ireland Local Government Officers’ Superannuation Committee (‘NILGOSC’) made on 1 July 2011, by which it declined to pay a survivor’s pension to the applicant following the death of her co-habiting partner. She argued that the absolute requirement of nomination imposed on unmarried partners as a condition … Continue reading Brewster, Re Judicial Review: QBNI 9 Nov 2012
The claimant sought judicial review of the refusal by the Police Service of Northern Ireland to remove records of his fingerprint, a photograph and DNA sample and profiles which had been collected when he was stopped on suspicion of driving wih excess alcohol. Though later convicted, he said that the retention of these items was … Continue reading Gaughran, Re Judicial Review: QBNI 13 Nov 2012
The applicant had sought and been accepted for emergency housing assistance, but having refused the accomodation offered, and the Authority said that it had fulfilled its duty to her. Citations: 40378/10 – HECOM, [2012] ECHR 1969 Links: Bailii Statutes: European Convention on Human Rights Citing: Cited – Tsfayo v The United Kingdom ECHR 14-Nov-2006 The … Continue reading Ali v The United Kingdom: ECHR 7 Nov 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
An order for a journalist to disclose the name of an employee disclosing his employer’s information, may be made where there was a need to identify a disloyal employee. Here drafts of accounts had been released to embarrass the company. The documents involved were stolen, and a return of them would enable identification of the … Continue reading Camelot Group plc v Centaur Communications Limited: CA 23 Oct 1997
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 7072/14, [2022] ECHR 826 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681690
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 27314/20, [2022] ECHR 885 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681729
JK a transgender (M-F) was biological father to two children sought the right to be described on the birth register as parent Judges: Mr Justice Hickinbottom Citations: [2015] EWHC 990 (Admin), [2015] 2 FCR 131, [2015] HRLR 10, [2016] 1 All ER 354 Links: Bailii Statutes: European Convention on Human Rights 8 14, Births and … Continue reading JK, Regina (on The Application of) v The Secretary of State for The Home Department and Another: Admn 20 Apr 2015
The Secretary of State wished to deport the applicant on the basis of his suspected involvement in acts of terrorism. An order for his deportation had been revoked by the respondent, but he had remained on very stringent bail conditions, since 2007. Held: The case failed on the article 6 issue because (i) the decision … Continue reading BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: CA 19 Nov 2012
The claimant said that having been raped repeatedly in Uganda, she had fled to England, where her passport was taken and she was forced to work and her earnings taken, and she was held captive. On escaping, her application for asylum was refused. Judges: Lech Garlicki, P Citations: (2013) 56 EHRR 24, 34 BHRC 1, … Continue reading CN v The United Kingdom: ECHR 13 Nov 2012
B had been taken from her parents at birth, the local authority anticipating a risk of harm. The mother had suffered violence at the hands of the father, and also had convictions for dishonesty and making false allegations. The judge had made a care order in relation to B on the basis of a care … Continue reading In re B (A Child): CA 14 Nov 2012