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Myshchyshyn v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 41557/13, [2022] ECHR 772 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681711

Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012

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

X And Others v Austria: ECHR 19 Feb 2013

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

Horncastle And Others v The United Kingdom: ECHR 30 Jan 2013

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

Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013

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

Bakhayev And Others v Russia: ECHR 13 Oct 2022

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

Saloidy And Others v Russia: ECHR 13 Oct 2022

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

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

Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011

(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

Adeojo and Another v Regina: CACD 6 Feb 2013

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

Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 4 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

Samigulliny And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 61463/14, [2022] ECHR 827 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.681738

Enea v Italy: ECHR 17 Sep 2009

(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

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

O’Neill v The United Kingdom: ECHR 13 Nov 2012

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

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

Brewster, Re Judicial Review: QBNI 9 Nov 2012

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

Gaughran, Re Judicial Review: QBNI 13 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

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

Kozhakhmetovy And Others v Russia: ECHR 13 Oct 2022

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

Ponkratenko v Russia: ECHR 13 Oct 2022

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, Regina (on The Application of) v The Secretary of State for The Home Department and Another: Admn 20 Apr 2015

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

Kara-Murza v Russia: ECHR 4 Oct 2022

ECHR Judgment : Article 3 of Protocol No. 1 – Right to free elections-{general} : Third Section Citations: 2513/14, [2022] ECHR 754 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681680

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

Al-Dulimi and Montana Management In. v Switzerland (Legal Summary): ECHR 26 Nov 2013

Article 6 Civil proceedings Article 6-1 Access to court Lack of right of appeal against sanctions imposed on applicants on basis of UN Security Council resolutions: violation Facts – The first applicant is an Iraqi national who lives in Jordan and manages a company incorporated under Panamanian law and based in Panama (the second applicant). … Continue reading Al-Dulimi and Montana Management In. v Switzerland (Legal Summary): ECHR 26 Nov 2013

Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012

The claimants sought judicial review of schemes which they said appeared to require them to work for free in order to claim Jobseekers Allowance. Held: Judicial review was granted. There had been a breach of regulation 4(2) of the 2011 Regulations, because the Secretary of State had breached regulation 4(2), by the failure to provide … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012

Nowak v Poland: ECHR 13 Oct 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Committee Citations: 60906/16, [2022] ECHR 835 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681714

Nikolayev And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 48147/17, [2022] ECHR 842 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681713

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

Kolbaya And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 75645/14, [2022] ECHR 828 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681686

Razvyazkin v Russia: ECHR 3 Jul 2012

The Court discussed proportionality in respect of the solitary confinement of a prisoner under Article 8: ‘Given that solitary confinement is a serious restriction of a prisoner’s rights which involves inherent risks to the prisoner, the level of actual or potential harm must be at least equally serious and uniquely capable of being addressed by … Continue reading Razvyazkin v Russia: ECHR 3 Jul 2012

Shanovskyy v Ukraine: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 61431/15, [2022] ECHR 830 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681741

Danilov And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 28714/18, [2022] ECHR 862 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681664

Scoppola v Italy (No 3): ECHR 22 May 2012

(Grand Chamber) A prisoner serving a sentence of 30 years imprisonment for murder, attempted murder and other offences object to his disenfranchisement under Italian law. Citations: 126/05, [2012] ECHR 868 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Scoppola v Italy (No 3) ECHR 18-Jan-2011 (referral to the … Continue reading Scoppola v Italy (No 3): ECHR 22 May 2012

Selahattin Demirtas v Turkey: ECHR 23 Jun 2015

ECHR Article 2 Positive obligations Alleged failure of authorities to prosecute a journalist in respect of a newspaper article that was alleged to have put applicant’s life at risk: no violation Facts – At the material time the applicant was a member of the DTP, a former pro-Kurdish political party, and a member of Parliament. … Continue reading Selahattin Demirtas v Turkey: ECHR 23 Jun 2015

Vallianatos and Others v Greece: ECHR 7 Nov 2013

Grand Chamber Judgment. The applicants alleged that the fact that the ‘civil unions’ introduced by the respondent were designed only for couples composed of different-sex adults had infringed their right to respect for their private and family life and amounted to unjustified discrimination between different-sex and same-sex couples, to the detriment of the latter. Held: … Continue reading Vallianatos and Others v Greece: ECHR 7 Nov 2013

Dietz and Suttasom v Austria: ECHR 29 May 2015

Article 14 Discrimination Conclusion of registered partnership and civil marriage before different authorities: communicated See: [2015] ECHR 644 [This summary also covers the communicated case of Hormann and Moser v. Austria, no. 31176/13]. [2015] ECHR 645 The applicants, homosexual couples, applied to the Office for Matters of Personal Status to contract a civil marriage. They … Continue reading Dietz and Suttasom v Austria: ECHR 29 May 2015

Henderson, Regina (on The Application of) v Secretary of State for Justice: Admn 27 Jan 2015

The court was asked whether statutory changes made to the ability of acquitted defendants in the Crown Court to recover their costs from central funds are compatible with the European Convention of Human Rights. Held: The inability of acquitted defendants in the Crown Court to recover (a) any of their privately incurred costs after 1 … Continue reading Henderson, Regina (on The Application of) v Secretary of State for Justice: Admn 27 Jan 2015

Re J (A Child) (Reporting Restriction: Internet: Video): FD 5 Sep 2013

‘This case raises important questions about the extent to which the public should be able to read and see what disgruntled parents say when they speak out about what they see as deficiencies in the family justice system, particularly when, as here, their complaints are about the care system. The case also raises important questions … Continue reading Re J (A Child) (Reporting Restriction: Internet: Video): FD 5 Sep 2013

Schalk and Kopf v Austria: ECHR 22 Nov 2010

The applicants, a same sex couple sought the right to marry. Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their relationship, although since practice in this regard is still evolving across Europe, the Contracting States enjoy a wide … Continue reading Schalk and Kopf v Austria: ECHR 22 Nov 2010

Schalk and Kopf v Austria: ECHR 24 Jun 2010

The applicants alleged discrimination in that as a same sex couple they were not allowed to marry. Held: There was no violation.The Court cannot but note that there is an emerging European consensus towards legal recognition of same-sex couples. Moreover, this tendency has developed rapidly over the past decade. Nevertheless, there is not yet a … Continue reading Schalk and Kopf v Austria: ECHR 24 Jun 2010

Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009

The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder. Held: The transfer was a breach of the applicants’ rights. The Iraqis had re-introduced the death penalty for such crimes which they said amounted to war crimes. The … Continue reading Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009

Regina v Lichniak: HL 25 Nov 2002

The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002

Vinter And Others v The United Kingdom: ECHR 9 Jul 2013

(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights. Held: For a life sentence to remain compatible with Article 3 there must be a prospect … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013

A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

Rees v The United Kingdom: ECHR 17 Oct 1986

The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986

Burnip v Birmingham City Council and Another: CA 15 May 2012

The court considered an allegation of discrimination in the application of housing benefit for a disabled person. Held: The claimants had established a prima facie case of discrimination under Article 14 of the ECHR, and that the Secretary of State had failed to establish objective and reasonable justification for the discriminatory effect of the statutory … Continue reading Burnip v Birmingham City Council and Another: CA 15 May 2012

Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to his chosen counsel. Held: The appeal failed. The purpose of a defendant’s … Continue reading Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 2014

X suffered both severe anorexia and alcoholism. She had in the past been repeatedly and compulsorily admitted to hospital for treatment, but her doctors considered that whilst this might be life extending treatment it had proved ineffective and unethical. They sought a declaration that they may not be obliged to offer the treatment again. The … Continue reading A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 2014

Kenward and Another, Regina (on The Application of) v The Director of Public Prosecutions and Another: Admn 4 Dec 2015

The claimants challenged the policy issued by the DPP on assisted suicide following the Nicklinson case. Held: The request for judicial review was refused. Sir Brian Leveson P said: ‘It is important not to misunderstand the effect either of the policy or the impact of the amendment to the policy introduced by the DPP. The … Continue reading Kenward and Another, Regina (on The Application of) v The Director of Public Prosecutions and Another: Admn 4 Dec 2015

Molchanov v Ukraine: ECHR 20 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 13911/14, [2022] ECHR 734 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.681171

Babich v Ukraine: ECHR 20 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 54014/13, [2022] ECHR 732 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.681160

Litvinov v Russia: ECHR 15 Sep 2022

ECHR Judgment : secret surveillance in the context of criminal proceedings : Third Section Committee Citations: 6890/13, [2022] ECHR 690 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681089

Rabczewska v Poland: ECHR 15 Sep 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : First Section Citations: 8257/13, [2022] ECHR 680 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681097

M.K v Ukraine: ECHR 15 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Citations: 24867/13, [2022] ECHR 686 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681091

Z v Croatia: ECHR 1 Sep 2022

ECHR Judgment : Remainder inadmissible : First Section Citations: 21347/21, [2022] ECHR 650 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681032

SC v The United Kingdom: ECHR 14 Sep 2011

Citations: [2011] ECHR 1670, 60958/00 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – SC v The United Kingdom ECHR 15-Jun-2004 Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses (domestic proceedings) – claim rejected ; … Continue reading SC v The United Kingdom: ECHR 14 Sep 2011

Jansons v Latvia: ECHR 8 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Citations: 1434/14, [2022] ECHR 672 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681017

Zavaliy and Others v Ukraine: ECHR 20 Sep 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 23342/14, [2022] ECHR 736 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681183