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Sevinger v The Netherlands: ECHR 6 Sep 2007

Admissibility – the applicants challenged rejection of their request to be registered to vote, not having been resident in the respondent country for more than 10 years. Judges: B.M. Zupancic, P Citations: 17173/07, [2007] ECHR 1207, (2008) 46 EHRR SE14 Links: Bailii Statutes: European Convention on Human Rights Human Rights, Elections Updated: 03 November 2022; … Continue reading Sevinger v The Netherlands: ECHR 6 Sep 2007

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

Vintman v Ukraine: ECHR 3 Jul 2012

Citations: 28403/05 (Communicated Case), [2012] ECHR 1223 Links: Bailii Statutes: European Convention on Human Rights Cited by: Communicated Decision – Vintman v Ukraine ECHR 23-Oct-2014 Article 8 Article 8-1 Respect for family life Refusal to transfer prisoner to a prison nearer home so that he could receive visits from his elderly mother: violation Facts – … Continue reading Vintman v Ukraine: ECHR 3 Jul 2012

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

Ashlarba v Georgia: ECHR 3 Jul 2012

Citations: 45554/08 (Communicated Case), [2012] ECHR 1204 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Ashlarba v Georgia ECHR 15-Jul-2014 ECHR Article 7-1 Nullum crimen sine lege Use of undefined colloquial expression in definition of criminal offence: no violation Facts – In 2005 the Georgian legislature created a series of … Continue reading Ashlarba v Georgia: ECHR 3 Jul 2012

F-K, Regina (on The Application of) v Polish Judicial Authority: Admn 19 Jan 2012

The defendant sought to resist the European Arrest Warrant, saying that her extradition would breach her and her family’s human right to a family life. Since fleeing Poland, she had lived in the UK and now had young children attanding school. Judges: Ouseley J Citations: [2012] EWHC 25 (Admin) Links: Bailii Statutes: Extradition Act 2003 … Continue reading F-K, Regina (on The Application of) v Polish Judicial Authority: Admn 19 Jan 2012

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

Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

IU And ZK v Russia: ECHR 11 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 12767/20, [2022] ECHR 814 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 October 2022; Ref: scu.681677

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

Baka v Hungary: ECHR 27 May 2014

ECHR Article 6 Civil proceedings Article 6-1 Access to court Inability of Supreme Court President to contest premature termination of his mandate: violation Article 10 Article 10-1 Freedom of expression Premature termination of Supreme Court President’s mandate as a result of views expressed publicly in his professional capacity: violation Facts – The applicant, a former … Continue reading Baka v Hungary: ECHR 27 May 2014

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

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

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

Rodzevillo v Ukraine: ECHR 17 Dec 2019

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 6128/12, [2019] ECHR 929 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See also – Rodzevillo v Ukraine ECHR 14-Jan-2016 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 20 October … Continue reading Rodzevillo v Ukraine: ECHR 17 Dec 2019

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

Johnston and Others v Ireland: ECHR 18 Dec 1986

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedingsThe applicants were an unmarried couple who could not marry, and so legitimate their daughter, the third applicant, because … Continue reading Johnston and Others v Ireland: ECHR 18 Dec 1986

Drelon v France: ECHR 8 Sep 2022

ECHR Judgment : Remainder inadmissible : Fifth Section Citations: 3153/16, [2022] ECHR 673 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681012

Safarov v Azerbaijan: ECHR 1 Sep 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 885/12, [2022] ECHR 647 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681026

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 ; Costs and expenses partial award – Convention proceedings Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; … Continue reading SC v The United Kingdom: ECHR 15 Jun 2004

Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to him, but retained pending the appeal. Held: His appeal was allowed: ‘an anonymity order is … Continue reading Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

Dorokhov v Russia: ECHR 14 Feb 2008

Citations: 66802/01, [2008] ECHR 151 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 October 2022; Ref: scu.264611

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

Ashlarba v Georgia: ECHR 15 Jul 2014

ECHR Article 7-1 Nullum crimen sine lege Use of undefined colloquial expression in definition of criminal offence: no violation Facts – In 2005 the Georgian legislature created a series of new offences designed to assist in the fight against organised crime. As part of a wider legislative package Article 223(1) of the Criminal Code was … Continue reading Ashlarba v Georgia: ECHR 15 Jul 2014

Zornic v Bosnia and Herzegovina: ECHR 15 Jul 2014

ECHR Article 46-2 Execution of judgment Measures of a general character Respondent State required to establish without delay political system in which all citizens have the right to stand for elections without discrimination Article 14 Discrimination Ineligibility to stand for election without declaration of affiliation to one of constitutionally defined ‘constituent peoples’: violation Article 1 … Continue reading Zornic v Bosnia and Herzegovina: ECHR 15 Jul 2014

Osterreichische Vereinigung Zur Erhaltung, v Austria: ECHR 28 Nov 2013

ECHR Article 10-1 Freedom to impart information Freedom to receive information Refusal by regional authority to provide copy of its decisions to an association wishing to study the impact of property transfers on agricultural and forest land: violation Facts – The applicant was a registered association whose aims were to research the impact of transfers … Continue reading Osterreichische Vereinigung Zur Erhaltung, v Austria: ECHR 28 Nov 2013

James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012

ECHR Article 5-1 Deprivation of liberty Failure to provide the rehabilitative courses to prisoners which were necessary for their release: violation Facts – By virtue of section 225 of the Criminal Justice Act 2003, indeterminate sentences for the public protection were introduced. Like sentences of life imprisonment, these required the direction of the Parole Board … Continue reading James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012

Osterreichische Vereinigung Zur Erhaltung, Starkung Und Schaffung v Austria: ECHR 28 Nov 2013

All agricultural and forest land transactions in Austria required approval by local and regional authorities (in the Tyrol, the Tyrol Real Property Transactions Commission), the aim being to preserve land for agriculture and forestry and avoid the proliferation of second homes. The applicatant association was formed to promote sound agricultural and forest property ownership and … Continue reading Osterreichische Vereinigung Zur Erhaltung, Starkung Und Schaffung v Austria: ECHR 28 Nov 2013

Sturnham v Secretary of State for Justice: CA 23 Feb 2012

The claimant life sentence prisoner had inter alia been detained after the expiry of his tarriff pending a review of whether his continued detention was required for public protection. That review had been delayed, and the claimant was awarded andpound;300 for the associetd anxiety and distress. The Secretary appealed. Held: Laws LJ took as his … Continue reading Sturnham v Secretary of State for Justice: CA 23 Feb 2012

Antonio Gutierrez Dorado and Carmen Dorado Ortiz v Spain: ECHR 27 Mar 2012

Citations: 30141/09, [2012] ECHR 600 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another SC 25-Nov-2015 The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series … Continue reading Antonio Gutierrez Dorado and Carmen Dorado Ortiz v Spain: ECHR 27 Mar 2012

Saadi v United Kingdom: ECHR 29 Jan 2008

(Grand Chamber) The applicant sought judicial review of the decision to detain him for a short period while his asylum claim was being subject to fast-track processing. The decision was made pursuant to a policy under which all asylum claimants falling within defined criteria (usually by nationality) were normally detained at Oakington while their claims … Continue reading Saadi v United Kingdom: ECHR 29 Jan 2008

Whitefield v General Medical Council: PC 14 Nov 2002

The doctor had been allowed to continue in practice only on condition that he did not drink alcohol and that he complied with other conditions to support that restriction. He challenged it as an infringement of his human rights. Held: The conditions were in pursuit of a legitimate aim, and in the wider interest of … Continue reading Whitefield v General Medical Council: PC 14 Nov 2002

Cumpana and Mazare v Roumanie: ECHR 17 Dec 2004

(Grand Chamber) Reputation falls within the ambit of the protection afforded by article 8 Judges: Wildhaber P Citations: 33348/96, (2005) 41 EHRR 14, [2004] ECHR 692 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 10 Citing: See Also – Cumpana Et Mazare v Roumanie ECHR 10-Jun-2003 Reputation can be a Convention right within Article … Continue reading Cumpana and Mazare v Roumanie: ECHR 17 Dec 2004