Search Results for: European Convention on Human Rights 88

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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

Yegorov And Karavayev v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 50194/20, [2022] ECHR 889 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681762

Pimenova And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 24963/20, [2022] ECHR 883 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681725

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

Ulanin And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 2376/20, [2022] ECHR 882 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 November 2022; Ref: scu.681756

Sobornov v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 32559/20, [2022] ECHR 888 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 November 2022; Ref: scu.681745

Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, Slovenia And The Former Yugoslav Republic Of Macedonia: ECHR 6 Nov 2012

Citations: 60642/08 – HEJUD, [2012] ECHR 1880 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Emina Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, Slovenia And The Former Yugoslav Republic Of Macedonia ECHR 17-Oct-2011 . . Cited by: See Also – Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, … Continue reading Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, Slovenia And The Former Yugoslav Republic Of Macedonia: ECHR 6 Nov 2012

Mayakov v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 28295/20, [2022] ECHR 886 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681706

Volyk v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 8942/17, [2022] ECHR 788 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681761

Kulakov And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 26200/20, [2022] ECHR 884 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681697

Corey, Re Judicial Review: CANI 21 Dec 2012

The claimant had been recalled to prison from parole, and challenged his recall, saying that the procedure, being almost entirely based upon closed material infringed his rights to a fair trial. The respondent now appealed against an order finding the Commissioners in breach. Held: The appeal was allowed. The material provided to the appellant and … Continue reading Corey, Re Judicial Review: CANI 21 Dec 2012

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

Nurislamov And Nagornykh v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 30733/20, [2022] ECHR 887 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681715

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

Volozhanin And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 8810/21, [2022] ECHR 796 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681760

ABC v St George’s Healthcare NHS Trust and Others: QBD 28 Feb 2020

By this claim brought against three NHS trusts, the claimant contends that the defendants breached a duty of care owed to her and/or acted contrary to her rights under Article 8 of the European Convention on Human Rights in failing to alert her to the risk that she had inherited the gene for Huntington’s disease … Continue reading ABC v St George’s Healthcare NHS Trust and Others: QBD 28 Feb 2020

Jehovah’s Witnesses of Moscow v Russia: ECHR 10 Jun 2010

When considering the treatment of the religious community of Jehovah’s Witnesses in Moscow, the European Court of Human Rights said: ‘The Court further reiterates that the state’s duty of neutrality and impartiality prohibits it from assessing the legitimacy of religious beliefs or the ways in which those beliefs are expressed or manifested. Accordingly, the state … Continue reading Jehovah’s Witnesses of Moscow v Russia: ECHR 10 Jun 2010

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

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

Regina v Thomas, Regina v Flannagan: CACD 24 Jul 1998

Section allowing admission of documentary evidence was not a breach of requirements of European Convention on Human Rights. Reading of statements allowed where witness in fear. Judge given sufficient balancing discretion to follow convention Citations: Times 24-Jul-1998 Statutes: Criminal Justice Act 1988 23 24 825 26 Jurisdiction: England and Wales Human Rights Updated: 25 October … Continue reading Regina v Thomas, Regina v Flannagan: CACD 24 Jul 1998

Regina v Ward (Judith): CACD 15 Jul 1992

The defendant had been wrongly convicted of IRA bombings. She said that the prosecution had failed to disclose evidence. Held: The prosecution’s forensic scientists are under a common law duty to disclose to the defence anything they may discover which may assist the defendant. ‘Non-disclosure is a potent source of injustice and even with the … Continue reading Regina v Ward (Judith): CACD 15 Jul 1992

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

Rinas v Finland: ECHR 27 Jan 2015

The applicant alleged, in particular, that the ne bis in idem (double jeopardy) principle had been violated in his case. Judges: Guido Raimondi, P Citations: 17039/13 – Chamber Judgment, [2015] ECHR 88 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights, Criminal Practice Updated: 24 October 2022; Ref: scu.541937

Correia De Matos v Portugal: ECHR 15 Nov 2001

The applicant had been committed for trial in Portugal for insulting a judge. The judge investigating that charge assigned a lawyer to represent him. Mr de Matos objected. He wanted to represent himself. He relied on article 6.3(c) of the Convention. He appealed against the order of committal. His appeal was declared inadmissible because it … Continue reading Correia De Matos v Portugal: ECHR 15 Nov 2001

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

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

Dvorski v Croatia: ECHR 28 Nov 2013

Citations: 25703/11 – Chamber Judgment, [2013] ECHR 1205 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Dvorski v Croatia ECHR 20-Oct-2015 Grand Chamber: ‘As the Court has already held in its previous judgments, the right set out in article 6.3(c) of the Convention is one element, among others, … Continue reading Dvorski v Croatia: ECHR 28 Nov 2013

Merahi And Delahaye v France: ECHR 20 Sep 2022

ECHR Judgment : Remainder inadmissible : Fifth Section Citations: 38288/15, [2022] ECHR 726 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.681170

Kolesnikov v Ukraine: ECHR 20 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 988/13, [2022] ECHR 738 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.681164

Habilaj v Albania: ECHR 15 Sep 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 2480/10, [2022] ECHR 688 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.681080