(Admissibility) Legislation which is retroactive is not necessarily incompatible with A1P1, retrospective legislation is not as such prohibited by A1P1. Judges: Sis Nicolas Bratza Citations: (2003) 37 EHRR CD 210, [2003] ECHR 712 Links: Bailii Statutes: European Convention on Human Rights A1P1 Cited by: Cited – Salvesen v Riddell and Another; The Lord Advocate intervening … Continue reading MA and Others v Finland: ECHR 10 Jun 2003
The claimant had invited an Iranian dissident to speak in Parliament, and now challenged the decision of the Home Secretary to refuse her a visa on the basis that her exclusion was not conducive to the public good. She was a member of an organisation which had in the past supported terrorism, and had first … Continue reading Lord Carlile and Others v Secretary of State for The Home Department: Admn 16 Mar 2012
Citations: 2206/10, [2012] ECHR 409 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 October 2022; Ref: scu.452031
Applications were made, challenging the refusal of the Secretary of State for Health, and the Human Fertilisation and Embryology Authority, to institute a system where a child born by artificial insemination could make enquiries as to his or her parenthood. Held: The knowledge of facts about one’s biological parenthood was part of the right to … Continue reading Regina (Rose and Another) v Secretary of State for Health and the Human Fertilisation and Embryology Authority: Admn 26 Jul 2002
Citations: 28658/10, [2012] ECHR 69 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 October 2022; Ref: scu.450369
UTIAC 1) Whilst section 2 of the Human Rights Act 1998 and its associated case law requires United Kingdom tribunals in general to give effect to the jurisprudence of the European Court of Human Rights, including that Court’s guidance on how to approach evidence in international protection cases, the weighing of evidence and the drawing … Continue reading AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011
Citations: 29746/05, [2008] ECHR 107 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 September 2022; Ref: scu.264309
There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties might not obtain documents on the court file. Held: The applicant X was entitled … Continue reading ABC Ltd v Y: ChD 6 Dec 2010
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel); No violation of Art. 10; Violation of Art. 2 due to failure to protect life; Violation of Art. 2 due to inadequacy of investigation; Violation of Art. 13; Violation of Art. 3; Failure to comply with obligations under Art. 34; Pecuniary damage – financial award; … Continue reading Akkoc v Turkey: ECHR 10 Oct 2000
Citations: 15349/03, [2010] ECHR 1959 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 September 2022; Ref: scu.426943
Citations: 34988/97, [2000] ECHR 465, 34822/97, 34957/97 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – McDaid v United Kingdom ECHR 1996 (Commission) Decision on admissibility. Residents of Derry applied alleging inter alia that there had been a breach of the procedural obligation under article 2 to hold a … Continue reading McDaid And Others v The United Kingdom: ECHR 10 Oct 2000
The court was asked as to the lack of legal assistance while in police custody and the use at the trial of incriminating statements that had been made at that stage. Held: The court repeated the proposition that was first stated in Salduz, that the rights of the defence will in principle be irretrievably prejudiced … Continue reading Sharkunov and Mezentsev v Russia: ECHR 10 Jun 2010
(Final Execution) The Court having found the respondent to have been in breach of the claimants’ human rights in having denied them access to legal advice on arrest for a period of up to 48 hours, now concluded that necessary measures had been taken and the case was closed. Citations: [2010] ECHR 1890, 18731/91 Links: … Continue reading Murray v The United Kingdom: ECHR 15 Sep 2010
ECJ Opinion – (Principles Of Community Law) Regulation (EC) No 343/2003 – Transfer of asylum seekers to the Member State responsible for examining the asylum application – Obligation on the transferring Member State to exercise the right to assume responsibility for the examination itself under Article 3(2) of Regulation No 343/2003 – Compatibility of the … Continue reading NS v Secretary of State For The Home Department: ECJ 22 Sep 2011
The claimant appealed against a refusal of his challenge to the respondent’s decision to refuse him leave to remain in the UK. His claim was on article 8 grounds. Judges: Pill, Etherton LJJ, Sir Mark Potter Citations: [2011] EWCA Civ 1081 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales Immigration, … Continue reading AJ v Secretary of State for The Home Department: CA 21 Sep 2011
Citations: 26410/02, [2006] ECHR 922 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 September 2022; Ref: scu.246643
Citations: 22785/07, [2010] ECHR 1708 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 September 2022; Ref: scu.425834
Citations: 45072/09, [2011] ECHR 1060 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 September 2022; Ref: scu.441470
Citations: 64004/09, [2011] ECHR 1058 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 September 2022; Ref: scu.441471
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
The court was asked whether the appellants had a reasonable excuse, within the meaning of the Stonehenge Regulations 1997, for entering the stone circle at Stonehenge on 4 February 2018 and 6 May 2018. The reasonable excuse was that the restrictions on entry to the stone circle impermissibly infringed the appellants’ rights under articles 9, … Continue reading Halcrow and Another v Crown Prosecution Service: Admn 10 Mar 2021
The claimant complained of the reporting of a sexual encounter which he said was private. Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes … Continue reading Mosley v The United Kingdom: ECHR 10 May 2011
Citations: 64927/01, [2010] ECHR 1428 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Palau Martinez v France ECHR 16-Dec-2003 A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the … Continue reading Palau Martinez v France: ECHR 15 Sep 2010
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
A mental health review tribunal had recommended the conditional release of the applicant, a restricted patient in a high security hospital. A community social worker’s report was only later made available to the tribunal. Held: There was no need for the matter to go to the Secretary of State for him to order a fresh … Continue reading Regina (C) v Secretary of State for the Home Department: CA 15 May 2002
Citations: 10807/04, [2006] ECHR 1018, [2010] ECHR 976 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 September 2022; Ref: scu.246890
There is a right of appeal against removal directions under section 65 of the 1999 Act on the ground that removal would be in breach of a person’s human rights. Auld LJ was not impressed by an argument that a restrictive interpretation was necessary to prevent abuse. On the one hand a last-minute challenge would … Continue reading Kariharan and Another, Regina (on the Application Of) v Secretary of State for Home Department: CA 15 Apr 2002
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed him from her care. As he had become an adult, … Continue reading G v E and Others: CoP 26 Mar 2010
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
The applicant alleged that his disenfranchisement because he was serving a term of imprisonment of more than one year constituted a breach of his rights under Article 3 of Protocol No. 1. Judges: Christos Rozakis, P Citations: (2011) 52 EHRR 5, [2010] ECHR 508, 20201/04 Links: Bailii Statutes: European Convention on Human Rights P1A3 Citing: … Continue reading Frodl v Austria: ECHR 8 Apr 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
The appellant had been released on licence during his sentence but then recalled. He contended that the effect of the newly introduced section 50A was a retrospective increase in his sentencce. Judges: Lord Nueberger MR, Moses, Munby LJJ Citations: [2010] EWCA Civ 848, [2010] 1 WLR 2380 Links: Bailii Statutes: Criminal Justice Act 1991 50A, … Continue reading Robinson, Regina (on The Application of) v Secretary of State for Justice: CA 19 May 2010
Statement of Facts Citations: 19840/09, [2010] ECHR 2222 Links: Bailii Statutes: European Convention on Human Rights, Representation of the People Act 1983 Cited by: Statement of Facts – Shindler v The United Kingdom ECHR 7-May-2013 Article 3 of Protocol No. 1VoteRestriction on voting rights of non-resident citizens: no violationFacts – The applicant, a British national, … Continue reading Shindler v The United Kingdom: ECHR 20 Dec 2010
Citations: 41130/06, [2010] ECHR 2215 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 02 September 2022; Ref: scu.429711
Citations: 25119/09, [2010] ECHR 2219 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – 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 … Continue reading James, Wells And Lee v The United Kingdom: ECHR 20 Dec 2010
(French Text) Judges: Josep Casadevall, P Citations: 16023/07 French Text, [2010] ECHR 2225 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – MGN Limited v United Kingdom ECHR 18-Jan-2011 The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 … Continue reading Gutierrez Suarez v Spain: ECHR 1 Sep 2010
Application for judicial review of the Secretary of State’s refusal to order an immediate public inquiry into allegations that persons detained in Iraq at various times between 2003 and 2008 were ill-treated in breach of article 3 of the European Convention on Human Rights by members of the British Armed Forces. Held: Judicial review was … Continue reading Mousa, Regina (on The Application of) v Secretary of State for Defence and Another: Admn 21 Dec 2010
Appeal against successful judicial review of refusal of legal aid for mother of deceased at inquest. Held: ‘article 2 will be engaged in the much narrower range of cases where there is at least an arguable case that the state has been in breach of its substantive duty to protect life; in such cases the … Continue reading Legal Services Commission v Humberstone, Regina (On The Application of): CA 21 Dec 2010
The applicant, a Tamil threatened to commit suicide if returned to Sri Lanka. It had been accepted by the Home Secretary that he suffered from post traumatic stress disorder and depression. The medical evidence was that ‘His prognosis (was) presently extremely uncertain . . he had attempted suicide. Though the shock of being refused asylum … Continue reading J v Secretary of State for the Home Department: CA 24 May 2005
A rule which deemed service on an asylum applicant two days after postage of a special adjudicator’s determination irrespective of whether it was in fact received was outside the powers given to the Secretary, and is of no effect. The Act gave power to make rules, but the receipt of the determination was fundamental to … Continue reading Saleem v Secretary of State for Home Department: CA 13 Jun 2000
Citations: 2390/09, [2010] ECHR 1078 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 August 2022; Ref: scu.420710
The claimant sought damages saying that his detention in prison beyond the minimum period pending a review was unlawful when that review was delayed. He now appealed against dismissal of his claim when he had not appeared at court, being unlawfully at large. Held: The appeal was allowed: ‘(1) Mr Faulkner had suffered a breach … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice The Parole Board: CA 14 Dec 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
The claimant appealed against rejection of his claim for asylum and protection on human rights grounds. He said that if returned to Afghanistan he would face a real risk of serious harm. Judges: Pill, Rimer, Black LJJ Citations: [2010] EWCA Civ 1407 Links: Bailii Statutes: Geneva Convention relating to the Status of Refugees (1951), Immigration, … Continue reading Secretary of State for The Home Department v DD (Afghanistan): CA 10 Dec 2010
A mother was complaining that the Dutch courts had ordered the return of her daughter and had rejected her case under article 13b. Citations: 7239/08, [2010] ECHR 1947 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Re E (Children) (Abduction: Custody Appeal) SC 10-Jun-2011 Two children were born in Norway to … Continue reading Miranda Van Den Berg And Noa Sarri v The Netherlands: ECHR 2 Nov 2010
The applicant was the mother of a young man who was robbed and killed in an attack in a bar. He died on 6 June 1993, four years and three months before the Convention came into force in relation to Ukraine. Investigations were suspended shortly after his death, but resumed after the Convention had come … Continue reading Lyubov Efimenko v Ukraine: ECHR 25 Nov 2010
Appeal against order for the deportation of the applicant to Iraq. Judges: Pill, Jackson, Patten LJJ Citations: [2010] EWCA Civ 1322 Links: Bailii Statutes: European Convention on Human Rights, Nationality Immigration and Asylum Act 2002, Immigration Act 1971 Jurisdiction: England and Wales Immigration, Human Rights Updated: 28 August 2022; Ref: scu.426703
(Northern Ireland) The appellant (born in Tunisia) was made subject to a deportation order. He had married a UK citizen and they had a child. After moving to the UK, at various times, the relationship broke down and he was convicted of several offences. The most serious was for an assault with a weapon which … Continue reading Makhlouf v Secretary of State for The Home Department: SC 16 Nov 2016
The defendant appealed against sentence, saying that given his serious medical condition, any imprisonment would threaten his human rights. Held: The court set out the law. A court imposing a sentence should not concern itself with the adequacy of arrangements in prisons save where the nere fact of inprisonmentt will inevitably expose the prisoner to … Continue reading Regina v Qazi and Another: CACD 4 Nov 2010
The defendants applied for directors’ disqualification proceedings for the claim to be struck out or dismissed on the ground that the respondent had breached their rights to a fair trial under Article 6 of the European Convention on Human Rights and/or breached his duty to act fairly, in that they had failed to disclose material … Continue reading Secretary of State for Business, Innovation and Skills v Doffman and Another: ChD 11 Oct 2010
Yoldas was charged with belonging to an illegal organisation. He had been informed of his rights by the public prosecutor and by the judge who placed him on remand. He signed a form saying that he had the right to appoint a legal representative who could be present when his statement was taken, and that … Continue reading Yoldas v Turkey – French Text: ECHR 23 Feb 2010
ECJ The applicant, suspected of involvement in an assault on a man by two hooded individuals in the underground car park of a Parisian residential block, was placed in custody in the context of a request for evidence on commission. In accordance with Article 153 of the Code of Criminal Procedure applicable to the facts … Continue reading Brusco v France: ECHR 14 Oct 2010
The applicant, professor in adolescent psychiatry had collected assorted data after having given undertakings to the parents of the children as to its absolute privacy. A sociologist had applied for and been given authority for its release by the Swedish Courts. The applicant had been refused a right tp participate in the court proceedings, and … Continue reading Gillberg v Sweden: ECHR 2 Nov 2010
Citations: 35524/06, [2010] ECHR 1684 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 August 2022; Ref: scu.425695
UTLC COMPENSATION–whether the 3 year time limit provided by section 19(3) of the Land Compensation Act 1973 for making a claim for compensation in respect of depreciation in value of interest in land caused by the use of a highway is incompatible with the claimants’ Convention rights under article 1 of the First Protocol and/or … Continue reading Thomas and Others v Bridgend County Borough Council: UTLC 29 Jul 2010
A mother, father and their three sons were of Eritrean ethnicity but lived in the Netherlands and had acquired Dutch citizenship. When leaving Eritrea in 1989, the mother had left behind a daughter, then aged eight. When she was aged 15, an application was made for her to be allowed to enter the Netherlands in … Continue reading Tuquabo-Tekle and others v The Netherlands: ECHR 15 Sep 2010
Judges: Peer Lorenzen, P Citations: 10441/06, [2010] ECHR 1457 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Pichkur v Ukraine ECHR 7-Nov-2013 . .See Also – Pichkur v Ukraine (Legal Summary) ECHR 7-Nov-2013 ECHR Article 14 Discrimination Termination of payment of retirement pension on the ground that … Continue reading Pichkur v Ukraine: ECHR 21 Sep 2010
(French Text) The Spanish Newspaper El Mundo published an article defamatory of the petitioners. It was based on computer disks of company accounts authenticated by an accountant dismissed by the company. The Spanish Constitutional Court had applied a relevant principle of Spanish law described as ‘due diligence’, namely that if such publication is to be … Continue reading Polanco Torres And Movilla Polanco v Spain: ECHR 21 Sep 2010
Citations: 43795/07, [2010] ECHR 1356 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 August 2022; Ref: scu.424746
UTIAC Funds are ‘available’ to a claimant at the material time if they belong to a third party but that party is shown to be willing to deploy them to support the claimant for the purpose contemplated.Article 8 does not give an Immigration Judge a free-standing liberty to depart from the Immigration Rules, and it … Continue reading CDS (PBS ‘Available’ Article 8) Brazil: UTIAC 25 Aug 2010
Citations: 36202/03, [2006] ECHR 1081 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 August 2022; Ref: scu.248152
The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in Chapter III of the Regulation fall within the scope of … Continue reading NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010
The claimant, an Iraqi national, had been about to be deported when he was re-arrested for Terrorism offences for which he was acquitted. He was then made subject to a non-derogating control order. He now challenged the renewal of that order, even under less stringent terms. Held: The restrictions imposed fell just within the boundary … Continue reading Secretary of State for the Home Department v AH: Admn 9 May 2008
E, now aged 19, suffered a genetic disorder leading to severe learning disability and lack of mental capacity. He had been in the care of his sister, the appellant, but had been removed by the local authority when his behaviour became disturbed. G, his sister sought an order for his return to F, his carer … Continue reading G v E and Others: CA 16 Jul 2010
Citations: 15916/09, [2010] ECHR 1110 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016 The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the … Continue reading Dbouba v Turkey: ECHR 13 Jul 2010
Citations: 6909/08, [2010] ECHR 1108 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016 The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the … Continue reading Alipour And Hosseinzadgan v Turkey: ECHR 13 Jul 2010
ECHR The applicant had a licence for a pistol and rifle. His was refused another licence, and then the existing licence was withdrawn. His name had been included in a police list in an operational records file holding data for law enforcement bodies obtained during operational activities. He began proceedings challenging his listing. The court … Continue reading Uzukauskas v Lithuania: ECHR 6 Jul 2010
A section 255 home detention licence revocation does not involve a deprivation of liberty so as to engage Article 5(4). Judges: Judge Milwyn Jarman QC Citations: [2010] EWHC 1557 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 246 255, European Convention on Human Rights 5(4) Citing: Applied – Benson, Regina (on the Application of) v … Continue reading McAlinden, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 May 2010
Al Jedda, who had both Iraqi and British nationality, sought damages for unlawful imprisonment by reason of his detention by British forces in a military detention centre in Iraq. Judges: Arden LJ, Sir John Dyson, Elias LJ Citations: [2010] EWCA Civ 758, [2011] 2 WLR 225, [2011] QB 773 Links: Bailii Jurisdiction: England and Wales … Continue reading Al-Jedda v Secretary of State for Defence: CA 8 Jul 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
The claimant had applied both for asylum and humanitarian protection. Both claims had been rejected, but he was given leave to stay in the UK for a further year. He now sought to appeal not only against the rejection of the asylum claim but also the humanitarian protection claim. Held: The claimant’s appeal succeeded. He … Continue reading FA (Iraq) v Secretary of State for The Home Department: CA 18 Jun 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
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
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
Citations: 43316/07, [2010] ECHR 836 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 August 2022; Ref: scu.416473
Citations: 52177/07, [2010] ECHR 825 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 August 2022; Ref: scu.416475
Citations: 43771/07, [2010] ECHR 837 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 August 2022; Ref: scu.416474
ECHR The applicant alleged, in particular, that she had been deported from Turkey and a ban had been imposed on her re-entry on account of opinions she had expressed. Judges: Francoise Tulkens, P Citations: 2933/03, [2010] ECHR 700, [2010] Imm AR 664, (2012) 55 EHRR 13 Links: Bailii Statutes: European Convention on Human Rights 10 … Continue reading Cox v Turkey: ECHR 20 May 2010
The claimant challenged as unlawful his administrative detention for 10 months pending deportation. Judges: King J Citations: [2010] EWHC 1177 (QB) Links: Bailii Statutes: European Convention of Human Rights 5, Immigration Act 1971 5(5) Jurisdiction: England and Wales Citing: Cited – A v Secretary of State for the Home Department, and X v Secretary of … Continue reading HXA v The Home Office: QBD 21 May 2010
FTTTx INCOME TAX-PENALTY-Failure to produce documents in accordance with section 19 TMA 1970 order – daily penalties imposed under section 97AA(1)(b)TMA 1970 – was the penalty a criminal charge within the meaning given by Strasbourg cases – no – was article 6(3)(a) ECHR engaged – no – did the penalty determination comply with section 100 … Continue reading Flaxmode Ltd v Revenue and Customs: FTTTx 13 Jan 2010
The claimant had sought housing from the appellant. It had taken the view that her application for indefinite leave to remain would be refused and had rejected her application. The court had found it improper of the council to prejudge the decision of the immigration authorities. The council appealed. Held: The appeal failed. Except only … Continue reading Birmingham City Council v Clue (Shelter intervening): CA 29 Apr 2010
Citations: 46605/07, [2010] ECHR 565 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016 The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the … Continue reading Charahili v Turkey: ECHR 13 Apr 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
Citations: 51382/09, [2010] ECHR 807 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 August 2022; Ref: scu.416494
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that such decisions, being decisions affecting their Article 8 rights must be subject to challenge.The court considered the situation at Human … Continue reading Salford City Council v Mullen: CA 30 Mar 2010
The defendants resisted extradition to the US to face charges of conspiracy to murder US citizens, saying that as suspected terrorists the likely prison conditions in which they would be held would amount to inhuman or degrading treatment or punishment. Held: The applications failed. There is no one standard applicable across the world as to … Continue reading Bary and Another, Regina (on the Application of) v Secretary of State for the Home Department: Admn 7 Aug 2009
The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in the United Kingdom as an illegal immigrant, another Albanian national named … Continue reading Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013
The claimant said he had not been given appropriate access to a lawyer when in police custody. Held: The use of statements obtained at the stage of the police inquiry and the judicial investigation is not inconsistent with article 6(1), provided that the rights of the defence are respected. Citations: 28439/03, [2010] ECHR 368 Links: … Continue reading Hakan Duman v Turkey: ECHR 23 Mar 2010
The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. Judges: Mummery, Maurice Kay, Hooper LJJ Citations: [2010] EWCA Civ 212 Links: Bailii Statutes: British Nationality Act 1981 40(4) Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010
Statement of Facts Citations: 7678/09, [2010] ECHR 247 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Van Colle v Hertfordshire Police QBD 10-Mar-2006 The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the … Continue reading Van Colle and Van Colle v The United Kingdom: ECHR 9 Feb 2010
(First Section) The claimant complaned that he had not been allowed access to a lawyer when being questioned by police when he was not under arrest. He had been stopped driving home from work and his car inspected by the police after reports of workers stealing diesel from their service vehicles. Two cans of diesel … Continue reading Zaichenko v Russia: ECHR 18 Feb 2010
Citations: 16287/03, [2010] ECHR 189 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 August 2022; Ref: scu.401701
The claimant sought damages after her lifelong partner had died of asbestos associated illness after exposure while serving in the Navy. Liability had been refused under the 1947 Act, because the 1987 Act was not retrospective. Citations: 19298/08, [2010] ECHR 166 Links: Bailii Statutes: European Convention on Human Rights, Crown Proceedings Act 1947, Crown Proceedings … Continue reading ME MacRitchie v The United Kingdom: ECHR 29 Jan 2010
Mr King was accused of being a member of a gang engaged in a conspiracy to import large quantities of ecstasy into Australia. He appealed against extradition saying that this would interfere with his article 8 rights. He had in the United Kingdom two young children and a mother whose health would not allow her … Continue reading King v The United Kingdom: ECHR 26 Jan 2010
The claimant solicitor complained that in disciplinary proceedings brought against him by the respondent, the clerk to the tribunal had drafted the judgment, even though she had been an emloyee of the respondent. Held: The description of the clerk’s functions at showed that he had an essentially administrative role which, as in the case of … Continue reading Virdi v The Law Society of England and Wales and Another: CA 16 Feb 2010
Citations: 63397/09, [2010] ECHR 2145 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 August 2022; Ref: scu.427851
The claimant said that he had been severely assaulted by police officers on his arrest, and that the respondent had failed to provide a proper investigation and or remedy. Held: The court replied with questions for the parties. Citations: 61319/09, [2010] ECHR 96 Links: Bailii Statutes: European Convention on Human Rights Citing: Cited – Morrison … Continue reading Kevin Fox v United Kingdom: ECHR 15 Jan 2010
A Russian woman, aged 20, had gone to work as an artiste in a cabaret in Cyprus. Three weeks later she was found dead in a street. Held: The Court upheld her father’s complaint that Cyprus was in breach of article 4 in that its regime for the issue of visas for cabaret artistes had … Continue reading Rantsev v Cyprus And Russia: ECHR 7 Jan 2010
Citations: 34218/05, [2010] ECHR 2154 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 August 2022; Ref: scu.427850
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016
