Search Results for: European Convention on Human Rights 56

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Corey, Re Judicial Review: QBNI 9 Jul 2012

C had been recalled from parole, and complained that the procedure had been unfair in that it had been almost entirely based upon closed materials. Held: The Commissioners’ decision was indeed based solely or decisively on the closed material. Moreover, the allegations contained in the open material were not sufficiently specific to enable the appellant … Continue reading Corey, Re Judicial Review: QBNI 9 Jul 2012

Chichin And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 27564/19, [2022] ECHR 874 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681657

Zeggai v France: ECHR 13 Oct 2022

ECHR Judgment : Remainder inadmissible : Fifth Section Citations: 12456/19, [2022] ECHR 819 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681768

AAM (A Child) v Secretary of State for The Home Department: QBD 27 Sep 2012

The claimant sought damages, alleging false imprisonment and breach of article 5 of the European Convention on Human Rights. The defendant conceded that the detention had been unlawful because officers had wrongly applied a presumption that an asylum seeker who arrived clandestinely should be detained, but disputed that other grounds on which the claimant alleged … Continue reading AAM (A Child) v Secretary of State for The Home Department: QBD 27 Sep 2012

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

Volchkova and Mironov v Russia: ECHR 28 Mar 2017

Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property (Article 1 para. 1 of Protocol No. 1 – Deprivation of property ECHR Judgment : Pecuniary damage – award : Third Section Citations: 45668/05, [2017] ECHR 278, [2021] ECHR 184 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human … Continue reading Volchkova and Mironov v Russia: ECHR 28 Mar 2017

Regina (O) v Harrow Crown Court: Admn 16 Apr 2003

The defendant had been refused bail. He had a previous conviction for rape, and now faced another charge. The custody time limit had also now expired. He complained that the removal of the statutory presumption in favour of bail infringed his rights. Held: Under s25, a defendant in this category should be granted bail only … Continue reading Regina (O) v Harrow Crown Court: Admn 16 Apr 2003

Yudin And Others v Russia: ECHR 4 Oct 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 34963/12, [2022] ECHR 756 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681763

Popov And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 56676/19, [2022] ECHR 878 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681730

Scoppola v Italy (No 2): ECHR 8 Jun 2011

Execution of the judgment of the European Court of Human Rights Citations: [2011] ECHR 1290 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Scoppola v Italy (No 2) ECHR 17-Sep-2009 (Grand Chamber) The applicant murdered his wife on 2 September 1999; the offence was punishable by life imprisonment. … Continue reading Scoppola v Italy (No 2): ECHR 8 Jun 2011

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

Scordino v Italy (No. 2): ECHR 15 Jul 2004

Citations: 36815/97, [2004] ECHR 356 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Scordino v Italy ECHR 29-Jul-2004 (French Text) Grand Chamber. In the context of unreasonable delay in violation of article 6(1), there was a strong but rebuttable presumption that excessively long proceedings would occasion … Continue reading Scordino v Italy (No. 2): ECHR 15 Jul 2004

Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005

The claimants were shareholders in Railtrack. They complained that the respondent had abused his position to place the company into receivership so as to avoid paying them compensation on a repurchase of the shares. Mr Byers was accused of ‘targeted malice.’ They also complained of an interference with their possessions. Held: The claim failed. The … Continue reading Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005

Gldani Congregation of Jehovah’s Witnesses Others v Georgia: ECHR 3 May 2007

The applicant claimed that the police had known in advance of an attack upon the applicants by religious opponents, which he said would constitute inhuman or degrading treatment, but that they had failed to take any preventive action. Held: The Court reaffirmed the existence of a positive obligation upon States under article 3, in the … Continue reading Gldani Congregation of Jehovah’s Witnesses Others v Georgia: ECHR 3 May 2007

Alecu And Others v Romania: ECHR 27 Jan 2015

The applicants are victims or dependents of victims of armed repression of demonstrations against the Communist dictatorship that began Dec. 21, 1989 in Bucharest and in other cities. Judges: Josep Casadevall, P Citations: 56838/08 – Chamber Judgment, [2015] ECHR 81 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 … Continue reading Alecu And Others v Romania: ECHR 27 Jan 2015

AA (Somalia) v Entry Clearance Officer – Addis Ababa: CA 1 May 2012

A child sought entry clearance as a de facto adopted child of his sponsor who had accepted status of refugee. Held: The changes to the Immigration rules did not extend those rules beyond application to natural and adopted children so far as de facto adopted children.Notwithstanding the grant of entry clearance under article 8, the … Continue reading AA (Somalia) v Entry Clearance Officer – Addis Ababa: CA 1 May 2012

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

Correia De Matos v Portugal: ECHR 4 Apr 2018

ECHR Judgment : No Article 6+6-3-c – Right to a fair trial : Grand Chamber The applicant alleged that the decisions of the domestic courts refusing him leave to conduct his own defence in the criminal proceedings against him and requiring that he be represented by a lawyer had violated Article 6 ss 3 (c) … Continue reading Correia De Matos v Portugal: ECHR 4 Apr 2018

Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003

The claimant challenged his continued detention under the 1971 Act after his appeal to the Immigration Appeal tribunal had been successful. He had been accused of rape, but was convicted of a sexual assault, though still serious. Before being released from his sentence, the respondent had authorised his continued detention under the 1971 Act. The … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003

Israilovy And Others v Russia: ECHR 24 Sep 2019

ECHR Judgment : Article 2 – Right to life : Third Section Committee ECHR Judgment : Pecuniary and non-pecuniary damage – award : Third Section Committee Citations: 34909/12, [2019] ECHR 635, [2020] ECHR 566 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646536