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Immobiliare Saffi v Italy: ECHR 28 Jul 1999

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1; Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – claim rejected; Costs and expenses partial award – Convention proceedings‘the right to a court would be illusory if a Contracting State’s domestic legal system allowed a final, binding judicial decision to remain inoperative to … Continue reading Immobiliare Saffi v Italy: ECHR 28 Jul 1999

Hokkanen v Finland: ECHR 23 Sep 1994

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No violation of Art. 6-1; Not necessary to examine Art. 13; Not necessary to examine P7-5; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedingsIn private law cases, just as much as in public law cases, Article 8 includes ‘a right … Continue reading Hokkanen v Finland: ECHR 23 Sep 1994

Ciancimino v Italy: ECHR 27 May 1991

Citations: 12541/86, [1991] ECHR 74 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.273149

Marta v Hungary: ECHR 29 Apr 2008

Citations: 42542/04, [2008] ECHR 361 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.267315

H Ma v Spain: ECHR 9 Apr 1996

Citations: 25399/94, [1996] ECHR 91 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.440303

Lesina v Ukraine: ECHR 19 Jun 2008

Citations: 9510/03, [2008] ECHR 541 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.270102

Zhupnik v Ukraine: ECHR 9 Dec 2010

Citations: 20792/05, [2010] ECHR 1989 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.426993

Chester, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Oct 2009

Burton J dismissed a claim for judicial review brought by the serving prisoner, to challenge his statutory disfranchisement from voting in domestic and European Parliamentary elections. Judges: Burton J Citations: [2009] EWHC 2923 (Admin), [2010] HRLR 6, [2010] UKHRR 317, [2010] ACD 28 Links: Bailii Statutes: Representation of the People Act 1983 3, European Parliamentary … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Oct 2009

Lautsi v Italy: ECHR 3 Nov 2009

Citations: 30814/06, [2009] ECHR 1901 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – 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 … Continue reading Lautsi v Italy: ECHR 3 Nov 2009

Mosley v The United Kingdom: ECHR 22 Oct 2009

Citations: 48009/08, [2009] ECHR 1840 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Mosley v News Group Newspapers Ltd QBD 9-Apr-2008 The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website. Held: A claimant’s Article 8 rights may be engaged even where … Continue reading Mosley v The United Kingdom: ECHR 22 Oct 2009

McCaughey and Quinn, Re Judicial Review: QBNI 23 Sep 2009

The claimants sought leave to apply for Judicial Review of a decision of the Coroner in relation to the Inquests yet to be held into the deaths in 1990 of Martin McCaughey and Dessie Grew at the hands of members of the security forces. The claimants had been refused an undertaking by the coroner that … Continue reading McCaughey and Quinn, Re Judicial Review: QBNI 23 Sep 2009

Xheraj v Albania: ECHR 29 Jul 2008

Citations: 37959/02, [2008] ECHR 740 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.272748

Crompton v The United Kingdom: ECHR 27 Oct 2009

The applicant had joined the Territorial Army as a pay and accounts clerk but was made redundant. He claimed redress in respect of his redundancy from his Commanding Officer. There then followed a prolonged series of proceedings which took eleven years to reach their conclusion before he achieved a settlement of his claim. He contended … Continue reading Crompton v The United Kingdom: ECHR 27 Oct 2009

Bayatyan v Armenia: ECHR 27 Oct 2009

The claimant was a Jehovah’s Witness and accordingly a pacifist. He complained of being obliged to undertake military service. No alternative service was offered. He was convicted, and his punishment increased on the prosecutor’s appeal. Held: The complaint failed. Judges: Josep Casadevall, P Citations: 23459/03, [2009] ECHR 1652 Links: Bailii Statutes: European Convention on Human … Continue reading Bayatyan v Armenia: ECHR 27 Oct 2009

Aleksei Pervushin And Others v Estonia: ECHR 29 Sep 2009

Citations: 54091/08, [2009] ECHR 1578 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Aleksei Pervushin And Others v Estonia 2-Mar-2010 . .See Also – Aleksei Pervushin And Others v Estonia 7-Dec-2010 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 04 … Continue reading Aleksei Pervushin And Others v Estonia: ECHR 29 Sep 2009

Paulic v Croatia: ECHR 22 Oct 2009

The State re-acquired a former Yugoslavian Army flat and brought a civil action seeking the applicant’s eviction on the basis that he never obtained a specially protected tenancy under domestic law. The Croatian court ordered his eviction. Held: The national court had not analysed the proportionality of the measure, and had breached Article 8: ‘In … Continue reading Paulic v Croatia: ECHR 22 Oct 2009

Matthews, Regina (On the Application of) v HMP Swaleside: Admn 5 Oct 2009

The Claimant sought judicial review of the Defendant’s decision to refuse to allow the Claimant to submit a Tutor Marked Assessment (TMA) to the Open University Judges: William Davis QC HHJ Citations: [2009] EWHC 2397 (Admin) Links: Bailii Statutes: European Convention on Human Rights 10 Jurisdiction: England and Wales Prisons, Education, Human Rights Updated: 04 … Continue reading Matthews, Regina (On the Application of) v HMP Swaleside: Admn 5 Oct 2009

Abdolkhani And Karimnia v Turkey: ECHR 22 Sep 2009

The Court in the context of detention pending deportation, concluded: ‘In sum, in the absence of clear legal provisions establishing the procedure for ordering and extending detention with a view to deportation and setting time-limits for such detention, the deprivation of liberty to which the applicants were subjected was not circumscribed by adequate safeguards against … Continue reading Abdolkhani And Karimnia v Turkey: ECHR 22 Sep 2009

Jain and another v The United Kingdom: ECHR 16 Sep 2009

Citations: 39598/09, [2009] ECHR 1391 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007 The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the … Continue reading Jain and another v The United Kingdom: ECHR 16 Sep 2009

Gauci v Malta: ECHR 15 Sep 2009

Judges: Nicolas Bratza, P Citations: 47045/06, [2009] ECHR 1280, (2011) 52 EHRR 25 Links: Bailii Statutes: European Convention on Human Rights Citing: Grand Chamber – Hutten-Czapska v Poland ECHR 19-Jun-2006 Grand Chamber. The court considered the need for establishing a fair balance in cases under A1P1: ‘Not only must an interference with the right of … Continue reading Gauci v Malta: ECHR 15 Sep 2009

Pishchalnikov v Russia: ECHR 24 Sep 2009

(First Section) The applicant was interrogated while he was under arrest in police custody. He asked for the assistance of a lawyer during his interrogation, but this was disregarded by the investigator who proceeded to question him. It was argued that his decision then to confess his guilt to the investigator constituted an implied waiver … Continue reading Pishchalnikov v Russia: ECHR 24 Sep 2009

Robert W Greens v The United Kingdom: ECHR 27 Aug 2009

Citations: 60041/08, [2009] ECHR 1274 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Greens v Her Majesty’s Advocate HCJ 12-Sep-2007 The defendant appealed against his sentence of seventeen years’ imprisonment for a violent rape. . . Cited by: See Also – Greens v The United Kingdom ECHR 23-Nov-2010 The applicants alleged … Continue reading Robert W Greens v The United Kingdom: ECHR 27 Aug 2009

Rabone and Another v Pennine Care NHS Trust: QBD 23 Jul 2009

The claimant’s daughter had been a voluntary patient at a mental hospital. She committed suicide when on home leave from a secure ward. The claimant now said that the hospital had acted incompatibly with their daughter’s human rights, in releasing her when she needed care. Held: The claim failed. Since Melanie was a voluntary mental … Continue reading Rabone and Another v Pennine Care NHS Trust: QBD 23 Jul 2009

Edward Szuluk v United Kingdom: ECHR 3 Jun 2009

The prisoner complained that the prison had monitored his conversations and communications with his doctor. Held: The actions were a violation of the prisoner’s article 8 rights. Judges: L Garlicki, P and Judges Sir Nicolas Bratza, G. Bonello, L. Mijovic, P. Hirvela, L. Bianku and N. Vucinic, Deputy Section Registrar F. Araci Citations: [2009] ECHR … Continue reading Edward Szuluk v United Kingdom: ECHR 3 Jun 2009

Maruseva v Russia: ECHR 29 May 2008

Citations: 28602/02, [2008] ECHR 461 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.268125

Busch v Luxembourg: ECHR 12 Apr 1996

Citations: 24637/94, [1996] ECHR 89 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.440302

Ryabikin v Russia: ECHR 19 Jun 2008

Citations: 8320/04, [2008] ECHR 533 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.270113

R v Finland: ECHR 3 Dec 2009

Execution of the judgment of the European Court of Human Rights Citations: [2009] ECHR 2271 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – R v Finland ECHR 30-May-2006 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 03 August 2022; Ref: scu.658633

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015