Search Results for: European Convention on Human Rights 3 5

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ABC v Shulmans Llp: ComC 25 Sep 2019

The Claimant seeks damages from the Defendant for alleged professional negligence in the conduct of certain legal proceedings commenced in 2014 and 2015. These proceedings, comprising a claim in the Employment Tribunal, a petition under section 994 of the Companies Act 2006 and a further claim for damages in the High Court, were for the … Continue reading ABC v Shulmans Llp: ComC 25 Sep 2019

Xenofontos and Others v Cyprus: ECHR 25 Oct 2022

ECHR Judgment : No Article 6 – Right to a fair trial : Third Section Citations: 68725/16, [2022] ECHR 918 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.682345

JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015

The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in … Continue reading JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015

RE v The United Kingdom: ECHR 27 Oct 2015

Judges: Guido Raimondi, P Citations: 62498/11 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)), [2015] ECHR 947, (2016) 63 EHRR 2 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Another IPT 12-Feb-2016 ‘hearing in respect … Continue reading RE v The United Kingdom: ECHR 27 Oct 2015

Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret Intelligence Service (and similarly also known as MI6) and the Government Communications Headquarters. Judges: Burton J P Citations: [2014] … Continue reading Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

T, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 3 May 2013

The claimant, a 15 year old boy,alleged that his detention in the cells at a Magistrates court when facing a charge of breach of bail conditions was a breach of his human rights and under the 1933 and 2010 Acts. Held: In the particular circumstances there was a breach of the 1933 Act, but not … Continue reading T, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 3 May 2013

Palau Martinez v France: ECHR 16 Dec 2003

A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the mother’s religious practices and was discriminatory; although the protection of the children was a legitimate aim, there was, in the view of the Strasbourg court, no … Continue reading Palau Martinez v France: ECHR 16 Dec 2003

A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002

The applicant challenged regulations brought in by the respondent providing for foreigners suspected of terrorism to be detained where a British national suspect would not have been detained. The respondent had issued a derogation from the Convention for this purpose. Held: The people detained were those who could not be returned to their own country … Continue reading A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002

PG and JH v The United Kingdom: ECHR 25 Sep 2001

The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to disclose all relevant evidence to the defence. In this case the … Continue reading PG and JH v The United Kingdom: ECHR 25 Sep 2001

SRM Global Master Fund Lp and Others, Regina (on the Applications of) v The Commissioners of Her Majesty’s Treasury: Admn 13 Feb 2009

The claimant alleged that the methods chosen for the nationalisation of Northern Rock plc infringed its human rights in providing unfair compensation. Held: The claim was dismissed. The provision made by the 2008 Act did not infringe the claimants’ human rights to peaceful enjoyment of their possessions. The assumptions underlying the compensation scheme provided in … Continue reading SRM Global Master Fund Lp and Others, Regina (on the Applications of) v The Commissioners of Her Majesty’s Treasury: Admn 13 Feb 2009

Lawrence v Pembrokeshire County Council: CA 15 May 2007

The claimant complained of the negligence of the defendant council’s social worker’s in putting her four children into care. The Ombudsman had found the council guilty of maladministration and had awarded her andpound;5,000 for distress. Held: The only difference in law between this case and JD -v- Berkshire was the coming into effect of the … Continue reading Lawrence v Pembrokeshire County Council: CA 15 May 2007

Ahmad and Aswat v United States of America: Admn 30 Nov 2006

The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission. Held: The appeals failed. The court had diplomatic notes from the US government guaranteeing trial before an ordinary court, and that they would not be designated … Continue reading Ahmad and Aswat v United States of America: Admn 30 Nov 2006

Jones v University of Warwick: CA 4 Feb 2003

The claimant appealed a decision to admit in evidence a tape recording, taken by an enquiry agent of the defendant who had entered her house unlawfully. Held: The situation asked judges to reconcile the irreconcilable. Courts should be reluctant to create rules which would deny the admission of genuine evidence. Where a party behaved in … Continue reading Jones v University of Warwick: CA 4 Feb 2003

A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect. Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of … Continue reading A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

Sylvester v Austria: ECHR 24 Apr 2003

Effective respect for family life required that future family relations between parent and child are not determined by the passage of time alone Citations: (2003) 37 EHRR 417, [2003] 2 FLR 210, [2003] ECHR 196, 36812/97, 40104/98, (2003) 37 EHRR 17 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: … Continue reading Sylvester v Austria: ECHR 24 Apr 2003

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

B v Security Service: IPT 31 Mar 2004

The ruling refers to an oral hearing held by the Tribunal on two preliminary issues of law, with regards to alleged conduct by the Security Service which is alleged to have been incompatible with Article 8 of the European Convention on Human Rights. The Complainant was a Member of Parliament, who believed that the Security … Continue reading B v Security Service: IPT 31 Mar 2004

Samsonnikov v Estonia: ECHR 3 Jul 2012

Citations: 52178/10, [2012] ECHR 1373 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Summary – Samsonnikov v Estonia (Summary) ECHR 3-Jul-2012 ECHR Article 8 Expulsion Expulsion of long-term resident following series of criminal convictions: no violation Facts – The applicant was born in Estonia in 1978 and lived there on the … Continue reading Samsonnikov v Estonia: ECHR 3 Jul 2012

Shestakov v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 23537/19, [2022] ECHR 873 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 November 2022; Ref: scu.681742

Horhat v Romania: ECHR 3 Mar 2020

ECHR Judgment : Right not to be tried or punished twice-{general} : Fourth Section Committee ECHR Judgment : Non-pecuniary damage – award : Fourth Section Committee Citations: 53173/10, [2020] ECHR 197, [2021] ECHR 339 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649744

Kulah And Koyuncu v Turkey: ECHR 23 Apr 2013

Citations: 24827/05 – Chamber Judgment, [2013] ECHR 371 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis Admn 25-Sep-2014 The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared … Continue reading Kulah And Koyuncu v Turkey: ECHR 23 Apr 2013

Rohlena v The Czech Republic: ECHR 18 Apr 2013

Citations: 59552/08 – Chamber Judgment (French Text), [2013] ECHR 343 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Rohlena v The Czech Republic ECHR 27-Jan-2015 ECHR Article 7 Article 7-1 Heavier penalty Nullum crimen sine lege Conviction for ‘continuing’ offence comprising acts committed before it was introduced in the Criminal … Continue reading Rohlena v The Czech Republic: ECHR 18 Apr 2013

Brough v The United Kingdom: ECHR 16 Jan 2013

The claimant said that he had been labelled a trouble maker and his details placed on a database made available to companies who subscribed so that they would avoid hiring him. Citations: 52962/11 – Communicated Case, [2013] ECHR 336 Links: Bailii Statutes: European Convention on Human Rights, Trade Union and Labour Relations (Consolidation) Act 1992 … Continue reading Brough v The United Kingdom: ECHR 16 Jan 2013