Search Results for: European Convention on Human Rights 8 13 41

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Holowczak v Poland: ECHR 4 Mar 2008

Citations: 25413/04, [2008] ECHR 189 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 October 2022; Ref: scu.266284

In Reclaiming Motion By Brown v The Parole Board for Scotland and The Scottish Ministers: SCS 31 Jul 2015

(Extra Division Inner House) The scope of this appeal relates to the impact of article 5 of the European Convention on Human Rights (‘ECHR’) in circumstances where the petitioner and reclaimer (‘the reclaimer’) is serving an extended sentence under and in terms of section 210A of the Criminal Procedure (Scotland) Act 1995. The reclaimer contends … Continue reading In Reclaiming Motion By Brown v The Parole Board for Scotland and The Scottish Ministers: SCS 31 Jul 2015

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

Kovalenko v Russia: ECHR 13 Jul 2006

Citations: 21410/04, [2006] ECHR 778 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 October 2022; Ref: scu.246438

Durand v France: ECHR 13 Nov 2001

Citations: 41449/98, [2001] ECHR 753 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 October 2022; Ref: scu.263077

Lautsi v Italy: ECHR 18 Mar 2011

(Grand Chamber) The applicants complained that the presence in all state schoolrooms of a crucifix on the wall infringed the principle of secularism. The routine presence in state school classrooms of a crucifix, which was not used for worship, religious instruction or as an expression of allegiance, was held not to contravene Article 19. Though … Continue reading Lautsi v Italy: ECHR 18 Mar 2011

Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012

The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern … Continue reading Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012

Pierre-Bloch v France: ECHR 21 Oct 1997

Hudoc Not necessary to examine Art. 14 Citations: [1997] ECHR 84, 24194/94 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 October 2022; Ref: scu.263136

Beaulane Properties Ltd v Palmer: ChD 23 Mar 2005

The paper owner sought possession of land. The defendant said he had acquired a possessory title. The land was registered. Held: The claimant’s human rights under article 1 were engaged. To be justifiable, the interference in that right had to be ‘in the public interest’. The limitation rules were enacted by the State for public … Continue reading Beaulane Properties Ltd v Palmer: ChD 23 Mar 2005

Reyes v Al-Malki and Another: SC 18 Oct 2017

The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017

Al-Jedda v United Kingdom: ECHR 7 Jul 2011

Grand Chamber – The international measure relied on by the respondent state had to be interpreted in a manner that minimised the extent to which arbitrary detention was sanctioned or required. The court described its role in settling awards of compensation under the Convention: ‘The court recalls that it is not its role under article … Continue reading Al-Jedda v United Kingdom: ECHR 7 Jul 2011

Iovchev v Bulgaria: ECHR 2 Feb 2006

To engage article 3, the claimant needs to assert a level of suffering which might be described as ‘intense’. Citations: 41211/98, [2006] ECHR 97 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 3 Jurisdiction: Human Rights Cited by: Cited – Janner, Regina (on The Application of) v The Crown Prosecution Service Admn 13-Aug-2015 The … Continue reading Iovchev v Bulgaria: ECHR 2 Feb 2006

Consequences for States of the Continued Presence of South Africa in Namibia (South-West Africa) Notwithstanding Security Council Resolution 276 (1970): ICJ 21 Jun 1971

The International Court of Justice referred to the maintenance of an apartheid regime as being a flagrant violation of the purposes and principles of the UN Charter,Article 22(1) of the Covenant of the League of Nations provided for the grant of mandates for the administration of former colonies and territories ‘which are inhabited by peoples … Continue reading Consequences for States of the Continued Presence of South Africa in Namibia (South-West Africa) Notwithstanding Security Council Resolution 276 (1970): ICJ 21 Jun 1971

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

Orlic v Croatia: ECHR 21 Jun 2011

Citations: 48833/07, [2011] ECHR 974, [2011] HLR 44 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – McDonald v McDonald and Others SC 15-Jun-2016 Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay … Continue reading Orlic v Croatia: ECHR 21 Jun 2011

AA, Regina (on The Application of) v Secretary of State for The Home Department: SC 10 Jul 2013

The issue on this appeal is the effect of section 55 on the legality of the appellant’s detention under paragraph 16 over a period of 13 days. At the time of the detention the Secretary of State acted in the mistaken but reasonable belief that he was aged over 18. It is now an agreed … Continue reading AA, Regina (on The Application of) v Secretary of State for The Home Department: SC 10 Jul 2013

Benkharbouche and Another v Embassy of The Republic of Sudan: CA 5 Feb 2015

The claimant had been an employee of a foreign diplomatic mission. He said that he was not debarred by the 1978 Act from bringing claims for unfair dismissal and breach of working time regulations, saying that any exemption would infringe his human rights. Held: (i) where there is a breach of a right afforded under … Continue reading Benkharbouche and Another v Embassy of The Republic of Sudan: CA 5 Feb 2015

Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017

At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into court of the amount of the award, saying that the appellant did not otherwise have the assets within the … Continue reading Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017

Greens v The United Kingdom: ECHR 23 Nov 2010

The applicants alleged a violation of article 3 in the refusal to allow them to enrol on the electoral register whilst serving prison sentences. Held: Where one of its judgments raises issues of general public importance and sensitivity, in respect of which the national authorities enjoy a discretionary area of judgment, it may be appropriate … Continue reading Greens v The United Kingdom: ECHR 23 Nov 2010

Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: Admn 3 Mar 2011

The claimant sought judicial review of her detention under section 2 of the 1983 Act. Held: The request was rejected. The tribunal had been correct to treat the original application as out of time. The Secretary of State’s decision was neither unreasonable nor in breach of her rights under the Convention, and an isolated failure … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: Admn 3 Mar 2011

EB v France: ECHR 22 Jan 2008

The claimant, a homosexual woman, complained that her homosexuality had meant her disqualification from adopting a child. Held: There is no right to foster, but the provision was an unlawful discrimination. The denial of adoption to a woman in a same sex relationship could not be justified.Where the difference in treatment is based on sexual … Continue reading EB v France: ECHR 22 Jan 2008

Pamuk v Turkey: ECHR 19 Dec 2006

Citations: 131/02, [2006] ECHR 1113, [2006] ECHR 1127, [2006] ECHR 1160, [2007] ECHR 341 Links: Bailii, Bailii, Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 August 2022; Ref: scu.248163

Kay And Others v United Kingdom: ECHR 21 Sep 2010

(Fourth Section) After carefully considering the various views expressed in the House of Lords in Kay v Lambeth [2006] 2 AC 465 and Doherty v Birmingham [2009] 1 AC 367, and the relevant decisions of the Court of Appeal, the EurCtHR stated, at paras 65-68, that the principles laid down in Connors v UK (2005) … Continue reading Kay And Others v United Kingdom: ECHR 21 Sep 2010

Tarsasag A Szabadsagjogokert v Hungary: ECHR 14 Apr 2009

The court upheld a complaint by the Hungarian Civil Liberties Union that, contrary to article 10, it had been refused access to details of a complaint in connection with drugs policy on the basis that details of the complaint could not be released, according to domestic law, without the consent of the author. Held: After … Continue reading Tarsasag A Szabadsagjogokert v Hungary: ECHR 14 Apr 2009

Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life. Held: The decision … Continue reading Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

McCaughey and Quinn, Re Judicial Review: CANI 26 Mar 2010

The claimants challenged the mode of inquest sought to be carried out. They had been refused an undertaking that the inquest would comply with obligations under article 2. Held: The appeal failed. McKerr remained binding on the court, even if this were inconsistent with the decision in Silih. Citations: [2010] NICA 13 Links: Bailii Statutes: … Continue reading McCaughey and Quinn, Re Judicial Review: CANI 26 Mar 2010

TTM v London Borough of Hackney and Others: Admn 11 Jun 2010

The claimant had said that his detention under the 1983 Act was unlawful, and that the court should issue a writ of habeas corpus for his release. Having been released he sought damages on the basis that his human rights had been infringed. The admission had been made despite the claimant’s brother having notified the … Continue reading TTM v London Borough of Hackney and Others: Admn 11 Jun 2010

Schuitemaker v The Netherlands: ECHR 4 May 2010

The applicant was a philosopher by profession. She claimed unemployment benefit and was told that her benefits would be reduced unless she was willing to take up a wider range of employment than she considered suitable. She complained under Article 4 that she was being forced to take up labour irrespective of whether it would … Continue reading Schuitemaker v The Netherlands: ECHR 4 May 2010

Depalle v France: ECHR 29 Mar 2010

Grand ChamberThe Court summarised the effect of Sporrong: ‘The Court reiterates that, according to its case-law, Article 1 of Protocol No 1, which guarantees in substance the right of property, comprises three distinct rules (see, inter alia, James v United Kingdom (1986) 8 EHRR 123, para 37): the first, which is expressed in the first … Continue reading Depalle v France: ECHR 29 Mar 2010

Soyler v Turkey: ECHR 17 Sep 2013

ECHR Article 3 of Protocol No. 1 Vote Automatic and indiscriminate disenfranchisement of persons convicted of intentional offences, irrespective of the nature and gravity of the offence: violation Facts – Under Turkish law, persons convicted of having intentionally committed an offence are unable to vote. Their disenfranchisement does not come to an end if they … Continue reading Soyler v Turkey: ECHR 17 Sep 2013

Bicer v Turkey: ECHR 8 Jun 2010

Citations: 21316/05, [2010] ECHR 846 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 August 2022; Ref: scu.416504

Gillan and Quinton v The United Kingdom: ECHR 12 May 2009

(Admissibility and Summary) Citations: [2009] ECHR 755, 4158/05 Links: Bailii Statutes: Terrorism Act 2000 44, European Convention on Human Rights 5 8 10 Jurisdiction: Human Rights Citing: At First Instance – Gillan and Another, Regina (on the Application of) v Commissioner of the Police for the Metropolis and Another Admn 31-Oct-2003 The applicants challenged by … Continue reading Gillan and Quinton v The United Kingdom: ECHR 12 May 2009

Stempfer v Austria: ECHR 26 Jul 2007

Citations: 18294/03, [2007] ECHR 641 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 August 2022; Ref: scu.258576

Lelik v Russia: ECHR 3 Jun 2010

Citations: 20441/02, [2010] ECHR 798 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 August 2022; Ref: scu.416357

Kowalczyk v Poland: ECHR 1 Jul 2008

Citations: 44131/05, [2008] ECHR 570 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 August 2022; Ref: scu.270678

Safi And Others v Greece: ECHR 7 Jul 2022

ECHR Judgment : Preliminary objection joined to merits and dismissed : First Section Citations: 5418/15, [2022] ECHR 559 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 August 2022; Ref: scu.679028