Search Results for: European Convention on Human Rights 2 8 9

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Yankov And Manchev v Bulgaria: ECHR 22 Oct 2009

Judges: Peer Lorenzen, P Citations: 27207/04, [2009] ECHR 1608 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013 The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said … Continue reading Yankov And Manchev v Bulgaria: ECHR 22 Oct 2009

MA (Pakistan) v Secretary of State for the Home Department: CA 27 Jul 2009

The claimant appealed against refusal of leave to enter and cancelling his leave to remain. He had made his claim on human rights grounds, saying that the refusal would split him from his wife. He had been told that he would have to renew his application from abroad. Held: Where a case was properly founded … Continue reading MA (Pakistan) v Secretary of State for the Home Department: CA 27 Jul 2009

P, Regina (On the Application of) v HM Coroner for the District Of Avon: Admn 5 Mar 2009

The deceased was found suspended by a sheet in her prison cell. The jury found accidental death, not being satisfied that she was not issuing a cry for help. The family appealed saying that the jury had not been directed that they could provide a narrative verdict to explain further their conclusions. Held: The jury … Continue reading P, Regina (On the Application of) v HM Coroner for the District Of Avon: Admn 5 Mar 2009

Z and T v United Kingdom: ECHR 28 Feb 2006

The applicants were Christian Pakistanis. Their asylum claims having failed, they feared that if returned to Pakistan, they would be persecuted, and asked for their article 9 rights, saying that the flagrant denial test should not be applied, as this would fail to respect the primacy of the applicants’ religious rights. Held: The argument was … Continue reading Z and T v United Kingdom: ECHR 28 Feb 2006

Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006

The defendant resisted extradition for a fraud prosecution brought 11 years after the relevant events which occurred in 1995. He had come to England in 2000, and the first he heard of the accusation was when he was arrested in September 2006. It was not suggested that he had deliberately fled the prosecution. Held: The … Continue reading Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006

Gaggl v Austria: ECHR 8 Nov 2022

ECHR Judgment : Remainder inadmissible : Fourth Section Citations: 63950/19, [2022] ECHR 934 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.682603

Palaia v Italy: ECHR 10 Nov 2022

ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 23593/14, [2022] ECHR 943 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.682626

Vitko And Others v Ukraine: ECHR 10 Nov 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 1907/16, [2022] ECHR 988 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.682647

Khasanova And Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 198/20, [2022] ECHR 973 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.682611

Rodina And Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 81202/17, [2022] ECHR 961 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.682631

Lapsa v Latvia: ECHR 20 Oct 2022

ECHR Judgment : Article 2 – Right to life : Fifth Section Committee Citations: 57444/19, [2022] ECHR 909 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.682340

Kaszubski v Poland: ECHR 10 Nov 2022

ECHR Judgment : Article 5 – Right to liberty and security : First Section Committee Citations: 15466/19, [2022] ECHR 969 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.682609

IM And Others v Italy: ECHR 10 Nov 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Citations: 25426/20, [2022] ECHR 985 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.682605

Bagvanov And Others v Azerbaijan: ECHR 10 Nov 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Committee Citations: 77919/11, [2022] ECHR 952 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.682597

Petukhova v Russia: ECHR 2 May 2013

Citations: 28796/07 – Chamber Judgment, [2013] ECHR 400 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Petukhova v Russia (Legal Summary) ECHR 2-May-2013 ECHR Article 5-1-bLawful order of a courtDetention in police station of person required by unlawfully issued court order to undergo psychiatric examination: violationFacts – In … Continue reading Petukhova v Russia: ECHR 2 May 2013

Tymoshenko v Ukraine: ECHR 30 Apr 2013

Citations: 49872/11 – Chamber Judgment, [2013] ECHR 389 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Tymoshenko v Ukraine ECHR 31-May-2012 . . See Also – Tymoshenko v Ukraine ECHR 3-Jul-2012 . . Legal Summary – Tymoshenko v Ukraine (Legal Summary) ECHR 30-Apr-2013 ECHR Article 5-1 Lawful arrest … Continue reading Tymoshenko v Ukraine: ECHR 30 Apr 2013

B v Romania (No 2): ECHR 19 Feb 2013

ECHR Article 8Positive obligationsArticle 8-1Respect for family lifeRespect for private lifeLack of adequate legal protection in a case concerning a mother’s committal to a psychiatric institution and the placement of her children in care: violationsFacts – The applicant was assisted by the social services from 1996 onwards, having been classified as a disabled person unfit … Continue reading B v Romania (No 2): ECHR 19 Feb 2013

Austrianu v Romania: ECHR 12 Feb 2013

ECHR Article 9-1Manifest religion or beliefConfiscation of cassette player used by prisoner to listen to religious tapes: inadmissibleFacts – The applicant, who was of Baptist confession, was serving a lengthy prison sentence. After reacting to the confiscation of a small radio-cassette player he had received after obtaining good results on a ‘Christian moral education’ programme, … Continue reading Austrianu v Romania: ECHR 12 Feb 2013

Garcia Mateos v Spain: ECHR 19 Feb 2013

ECHR Article 14DiscriminationFailure to enforce a judgment acknowledging gender discrimination against a working mother: violationFacts – In February 2003, relying on the labour regulations, the applicant asked her employer for a reduction in her working hours as she had custody of her son, who was under the six-year age-limit. When her employer refused, she brought … Continue reading Garcia Mateos v Spain: ECHR 19 Feb 2013

Neij And Sunde Kolmisoppi v Sweden: ECHR 19 Feb 2013

ECHR Article 10-1Freedom to impart informationFreedom to receive informationConviction and order to pay damages for operating website allowing third parties to share files in breach of copyright: inadmissibleFacts – During 2005 and 2006 the two applicants were involved in different aspects of one of the world’s largest file sharing services on the Internet, the website … Continue reading Neij And Sunde Kolmisoppi v Sweden: ECHR 19 Feb 2013

Percival v Revenue and Customs: FTTTx 18 Apr 2013

FTTTx INCOME TAX – Taxpayer a British national resident in the Republic of Ireland – taxed in the UK on a civil service pension by virtue of Article 18 UK/Irish Double Taxation Convention – taxpayer’s wife an Irish national taxed on UK local authority pension in Ireland – taxpayer taxed less favourably in the UK … Continue reading Percival v Revenue and Customs: FTTTx 18 Apr 2013

Hamilton v Al Fayed: CA 26 Mar 1999

A member of Parliament was able to proceed with an action for defamation in respect of matters of which he had been criticised by the appropriate committee in Parliament. The trial would not impeach Parliament though retrying the issues. Lord Woolf MR said: ‘the vice to which Article 9 is directed (so far as the … Continue reading Hamilton v Al Fayed: CA 26 Mar 1999

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

Tucs v Latvia: ECHR 20 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 31876/15, [2022] ECHR 914 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682344

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

Mamaladze v Georgia: ECHR 3 Nov 2022

ECHR Judgment : No Article 6 – Right to a fair trial : Fifth Section Citations: 9487/19, [2022] ECHR 922 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682348

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

Dahan v France: ECHR 3 Nov 2022

ECHR Judgment : No Article 6 – Right to a fair trial : Fifth Section Citations: 32314/14, [2022] ECHR 924 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682346

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

Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002

The applicant had had his premises searched. He sought to challenge the basis on which search warrant had been granted. He argued that under the Convention, it was necessary for the magistrates to provide a written record of the reasons for granting the warrant. Held: Where the information laid was itself sufficient to account for … Continue reading Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002

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

Shreeve, Regina (on the Application of) v Secretary of State for the Home Department: Admn 26 Oct 2007

The prisoner as a buddhist was entitled to have in his cell an incense burner. He was accused of having a sharpened object. It was in the shape of a lotus leaf. No evidence was brought that the claimant had sharpened the object. Held: The claimant was entitled to relief. The priosn officer could not … Continue reading Shreeve, Regina (on the Application of) v Secretary of State for the Home Department: Admn 26 Oct 2007

Brooke and others v The Parole Board: Admn 7 Sep 2007

The applicants were prisoners who sought judicial review of the use made by the Parole Board of its powers to review their sentences, saying that the Parole Board was not sufficiently independent of the government to guarantee their human rights. Held: The applications succeeded, and the court gave a declaration that the applicants’ rights under … Continue reading Brooke and others v The Parole Board: Admn 7 Sep 2007

Mushynskyy v Ukraine: ECHR 20 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 27182/16, [2022] ECHR 915 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682343

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

Kornicka-Ziobro v Poland: ECHR 20 Oct 2022

ECHR Judgment : Article 2 – Right to life : First Section Citations: 23037/16, [2022] ECHR 911 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682339

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