ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 23814/15, [2019] ECHR 129 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.633732
Towards the end of a substantial May Day demonstration on the streets of London, police surrounded about 3,000 people in Oxford Circus and did not allow them to leave for seven hours. The claimant who was present, but not involved in any of the organisation sought damages. Held: Police have powers to act out of … Continue reading Austin and Saxby v Commissioner of the Police for the Metropolis: QBD 23 Mar 2005
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section ECHR Judgment : Restitution of the disputed property of financial award : Second Section Citations: 8141/07, [2018] ECHR 549, [2021] ECHR 185 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 April … Continue reading Mocanu And Others v The Republic Of Moldova: ECHR 26 Jun 2018
Citations: 44814/98, [2000] ECHR 642 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 April 2022; Ref: scu.212099
The English system of courts martial was unlawful in not allowing a fair trial, because of the role of the convening officer who both prosecuted and could at any time intervene effectively to vacate the trial and start again. Citations: Times 11-Mar-1999, 17267/95 Statutes: European Convention on Human Rights Art 5 and 6 Human Rights … Continue reading Hood v United Kingdom: ECHR 11 Mar 1999
A newspaper was held to have been in contempt of court for publishing details of the deliberations of a jury, even though it had not solicited the information. Beldam LJ said of the word ‘disclosure’: ‘It is a word wide enough to encompass the revealing of the secrets of the jury room by a juryman … Continue reading HM Attorney General v Associated Newspapers Ltd and Others: QBD 9 Dec 1992
The claimant had said that she was a victim of human trafficking. That claim being rejected, she was taken into immigration detention. She now claimed that this was unlawful. Held: That the request for review was out of time did not defeat the claim where, the strict requirement having been relaxed because of the nature … Continue reading PP v The Home Office and Another: QBD 30 Mar 2017
ECHR Judgment : No violation of Freedom of expression {general} Freedom of expression Citations: 19068/13, [2017] ECHR 1040 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608143
ECHR Judgment : Right to liberty and security Length of pre-trial detention Citations: 45057/06, [2017] ECHR 985 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608140
ECHR Judgment : No violation of Prohibition of torture Degrading treatment Inhuman treatment Substantive aspect Citations: 10633/15, [2017] ECHR 1035 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608148
ECHR Judgment : Information Note – Judgment : Respect for family life ECHR Judgment : Remainder inadmissible – Exhaustion of domestic remedies ECHR Judgment : Preliminary objection dismissed : Grand Chamber Citations: 37283/13, [2017] ECHR 1094, [2017] ECHR 1080, [2019] ECHR 615 Links: Bailii, Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights … Continue reading Strand Lobben And Others v Norway: ECHR 30 Nov 2017
ECHR Judgment : Remainder inadmissible – Exhaustion of domestic remedies Citations: 56251/12, [2017] ECHR 981 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608145
ECHR Judgment : Violation of Prohibition of torture – Degrading treatment Substantive aspect Citations: 63392/09, [2017] ECHR 1054 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608141
ECHR Judgment : Struck out of the list Continued examination not justified Citations: 2150/05, [2017] ECHR 1028 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608146
ECHR Judgment : Violation of Right to a fair trial – Enforcement proceedings – Access to court Citations: 20514/15, [2017] ECHR 1005 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608142
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6-1 – Fair hearing Equality of arms Citations: 18656/13, [2017] ECHR 814 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608030
ECHR Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property Article 1 para. 1 of Protocol No. 1 – Deprivation of prope… Citations: 11808/15, [2017] ECHR 714 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607814
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 39814/20, [2022] ECHR 31 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 April 2022; Ref: scu.671113
ECHR Judgment : Struck out of the list : Second Section Citations: ECLI:CE:ECHR:2017:0404JUD004864207, 48642/07, [2017] ECHR 319, [2019] ECHR 767 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581409
Citations: 318/15 (Judgment : Violation of Article 6 – Right to a fair trial (Article 6 – Enforcement proceedings Article 6-1 – Access to court) Violation …), [2017] ECHR 316 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581410
Citations: 9139/08 (Judgment : Violation of Article 5 – Right to liberty and security (Article 5-1 – Deprivation of liberty)), [2017] ECHR 309 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581408
Citations: 2742/12 (Judgment), [2017] ECHR 312 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581400
Judgment : Violation of Article 5 – Right to liberty and security (Article 5-4 – Procedural guarantees of review) Violation of Article 5. Citations: 63086/12, [2017] ECHR 313 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581404
Citations: 3869/07 (Judgment : Violation of Article 3 – Prohibition of torture (Article 3 – Degrading treatment) (Substantive aspect) Violation of Article 3…), [2017] ECHR 307 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581407
Citations: [2017] ECHR 320, 39061/11 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581406
Judgment: No violation of Article 11 – Freedom of Association and Assembly (Article 11-1 – Freedom of association) Violation of Article 11 Citations: ECLI:CE:ECHR:2017:0404JUD003500905, [2017] ECHR 318, 35009/05 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 March 2022; Ref: scu.581405
Article 25 of the Convention a) A political party, as a gathering of people with a common interest, can be considered as a non governmental organisation or a group of individuals ; b) Can a political party, as such, be considered as a victim of a violation of Article 3 of the first protocol? (Question … Continue reading Liberal Party v United Kingdom: ECHR 18 Dec 1980
55894/13, [2016] ECHR 814 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 23 January 2022; Ref: scu.569998
[2010] ECHR 1814 Bailii European Convention on Human Rights Citing: See Also – Selcuk v Turkey ECHR 10-Jan-2006 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 22 January 2022; Ref: scu.568900
The claimant ha been involved in the management of a company operating a ferry in Egypt. The claimant had been acquitted in Egypt of criminal liability, but then convicted in his absence on appeal, after submissions made on his behalf were discounted because of his absence. After sentence to imprisonment, the Egyptian court requested the … Continue reading Ismail, Regina (on The Application of) v Secretary of State for The Home Department: SC 6 Jul 2016
56666/12 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section Committee)), [2016] ECHR 458 Bailii European Convention on Human Rights Human Rights Updated: 17 January 2022; Ref: scu.564814
The court was asked whether the expression ‘an asylum claim, or a human rights claim’ in section 92(4)(a) of the 2002 Act includes any second or subsequent claim that the asylum seeker may make, or only a second or subsequent claim which has been accepted as a ‘fresh claim’ by the Secretary of State under … Continue reading BA (Nigeria) v Secretary of State for The Home Department and Others: SC 26 Nov 2009
62116/12 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text, [2015] ECHR 812 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 16 January 2022; Ref: scu.552814
55081/09 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text, [2015] ECHR 814 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 16 January 2022; Ref: scu.552816
36814/06 (Judgment (Merits and Just Satisfaction) : Court (First Section)), [2015] ECHR 978 Bailii European Convention on Human Rights Human Rights Updated: 05 January 2022; Ref: scu.554391
48144/09 – Chamber Judgment, [2015] ECHR 35 Bailii European Convention on Human Rights Human Rights Updated: 25 December 2021; Ref: scu.541446
The court heard a Part 2 case in which the issues related to article 3 of the Convention. The court said: ‘The court may consider undertakings or assurances at various stages of the proceedings, including on appeal, and the court may consider a later assurance even if an earlier undertaking was held to be defective: … Continue reading The Government of India v Dhir and Another: Admn 6 Feb 2020
39814/04 – Committee Judgment, [2014] ECHR 643 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 05 December 2021; Ref: scu.526770
758/11 – Chamber Judgment, [2014] ECHR 493 Bailii European Convention on Human Rights Human Rights Updated: 03 December 2021; Ref: scu.525814
8933/05 – Chamber Judgment, [2014] ECHR 395 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 02 December 2021; Ref: scu.523814
ECHR Judgment : Preliminary objection dismissed : Third Section 28142/17, [2021] ECHR 846 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 01 December 2021; Ref: scu.668698
ECHR Judgment : Freedom of assembly and association : Third Section Committee 74814/14, [2020] ECHR 615 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 23 November 2021; Ref: scu.653880
886/11 – Chamber Judgment, [2013] ECHR 814 Bailii European Convention on Human Rights Human Rights Updated: 20 November 2021; Ref: scu.515152
The applicant complained in particular under Article 2 that the State had not fulfilled its procedural, investigative obligation in respect of the death in custody of her son in that there had been an excessive delay in the inquest proceedings. Held: The delay was a breach. Award accordingly. Ineta Ziemele, P 19563/11 – Chamber Judgment, … Continue reading McDonnell v The United Kingdom: ECHR 9 Dec 2014
(Grand Chamber) Pensioners who had moved abroad complained that they had been excluded from the index-linked uprating of pensions given to pensioners living in England. Held: This was not an infringement of their human rights. Differences in treatment for an identifiable characteristic, or status, can amount to discrimination within article 14 if the reason had … Continue reading Carson and Others v The United Kingdom: ECHR 4 Nov 2008
26814/09, [2011] ECHR 1020 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 09 November 2021; Ref: scu.441256
The court was asked as to how a Family Division judge might decide whether or not to publish an ancillary relief judgment at the conclusion of a trial during which one of the parties conspired to present a perjured case. H and family members had been found to have manufactured documents intended to hide H’s … Continue reading Lykiardopulo v Lykiardopulo: CA 19 Nov 2010
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined. Held: The claimants’ appeals succeeded. The actual age of a party is an objective question of fact, and as such was for the … Continue reading A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its discretion whether to exercise its right to protect a citizen, the … Continue reading Regina (Abbasi) v Secretary of State for Foreign Affairs: CA 6 Nov 2002
(Grand Chamber) Article 14
Discrimination
Impossibility of second-parent adoption in same-sex couple:
violation
Facts – The first and third applicants are two women living in a stable homosexual relationship. The second . .
The applicant alleged, in particular violations of Articles 2 and 3 of the Convention. . .
It was a breach of the Convention when parental rights were refused to Jehovah’s Witnesses with regard to the right to refuse to accept a blood transfusion.
Hudoc Judgment (Merits and just satisfaction) . .
A judge, having given judgment in an appeal case involving the application of the convention on Human Rights, wrote and published an article critical of the convention, and of its application in national law. The appeal decision was set aside, since . .
ECHR Judgment : No Right to liberty and security : Second Section Committee . .
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