Search Results for: European Convention on Human Rights Art 5

Click the case name for better results:

M, Regina (on The Application of) v Secretary of State for Home Department: Admn 2 Dec 2010

Judges: Sir Anthony May P Citations: [2010] EWHC 3541 (Admin) Links: Bailii Statutes: European Convention on Human Rights 3 Jurisdiction: England and Wales Citing: Cited – Haward and others v Fawcetts HL 1-Mar-2006 The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment … Continue reading M, Regina (on The Application of) v Secretary of State for Home Department: Admn 2 Dec 2010

JL, Regina (on the Application of) v Secretary of State for the Home Department: CA 24 Jul 2007

The court was asked to order a public enquiry into an attempted suicide in prison. Waller LJ was anxious about the task of defining suicide and near suicide: ‘I am clear that the simple fact of a death or serious injury of a person in custody gives rise to an obligation on the State to … Continue reading JL, Regina (on the Application of) v Secretary of State for the Home Department: CA 24 Jul 2007

Scordino v Italy (No. 2): ECHR 15 Jul 2004

Citations: 36815/97, [2004] ECHR 356 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Scordino v Italy ECHR 29-Jul-2004 (French Text) Grand Chamber. In the context of unreasonable delay in violation of article 6(1), there was a strong but rebuttable presumption that excessively long proceedings would occasion … Continue reading Scordino v Italy (No. 2): ECHR 15 Jul 2004

Zakharov And Others v Russia 53570/18: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 53570/18, [2022] ECHR 866 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 October 2022; Ref: scu.681765

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 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

Selahattin Demirtas v Turkey: ECHR 23 Jun 2015

ECHR Article 2 Positive obligations Alleged failure of authorities to prosecute a journalist in respect of a newspaper article that was alleged to have put applicant’s life at risk: no violation Facts – At the material time the applicant was a member of the DTP, a former pro-Kurdish political party, and a member of Parliament. … Continue reading Selahattin Demirtas v Turkey: ECHR 23 Jun 2015

Ramazonov v Ukraine 31754/20: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 31754/20, [2022] ECHR 783 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 October 2022; Ref: scu.681735

I, Regina (on The Application of) v Secretary of State for The Home Department: Admn 22 Feb 2002

Two linked applications. The first is for an order of habeas corpus, the allegation being that the claimant’s continuing detention is unlawful. The second is for judicial review of that continuing decision to detain, allegedly in breach of Article 5 of the European Convention on Human Rights. Judges: His Honour Judge Wilkie QC (Sitting as … Continue reading I, Regina (on The Application of) v Secretary of State for The Home Department: Admn 22 Feb 2002

Dietz and Suttasom v Austria: ECHR 29 May 2015

Article 14 Discrimination Conclusion of registered partnership and civil marriage before different authorities: communicated See: [2015] ECHR 644 [This summary also covers the communicated case of Hormann and Moser v. Austria, no. 31176/13]. [2015] ECHR 645 The applicants, homosexual couples, applied to the Office for Matters of Personal Status to contract a civil marriage. They … Continue reading Dietz and Suttasom v Austria: ECHR 29 May 2015

Banks v Revenue and Customs (Inheritance Tax : Human Rights): FTTTx 15 Oct 2018

Exemption from IHT for gifts to political parties – section 24 Inheritance Tax Act 1984 – whether breach of European Convention on Human Rights – whether breach of European Union law Citations: [2018] UKFTT 617 (TC), [2019] SFTD 304, [2019] STI 214 Links: Bailii Jurisdiction: England and Wales Inheritance Tax, Human Rights Updated: 24 October … Continue reading Banks v Revenue and Customs (Inheritance Tax : Human Rights): FTTTx 15 Oct 2018

Kincses v Hungary: ECHR 27 Jan 2015

The applicant alleged, in particular, that his freedom of expression had been infringed on account of him having been fined for having criticised, as a legal representative, the sitting judge in one of his cases. He also claimed that the length of the disciplinary proceedings conducted against him was incompatible with Article 6 of the … Continue reading Kincses v Hungary: ECHR 27 Jan 2015

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

Neshkov And Others v Bulgaria: ECHR 27 Jan 2015

The applicants alleged, inter alia, that the conditions of their detention in various correctional facilities in Bulgaria had been or were inhuman and degrading. Mr Neshkov in addition alleged that he had not had effective domestic remedies in that respect. Judges: Ineta Ziemele, P Citations: 36925/10 – Chamber Judgment, [2015] ECHR 77 Links: Bailii Statutes: … Continue reading Neshkov And Others v Bulgaria: ECHR 27 Jan 2015

Paradiso And Campanelli v Italy: ECHR 27 Jan 2015

The applicants allege in particular that the refusal to transcribe their child’s birth certificate in the records of the Italian civil status and remoteness of the minor are incompatible with Article 8 of the Convention. Judges: Isil Karakas, P Citations: 25358/12 – Chamber Judgment, [2015] ECHR 76 Links: Bailii Statutes: European Convention on Human Rights … Continue reading Paradiso And Campanelli v Italy: ECHR 27 Jan 2015

Ciorcan And Others v Romania: ECHR 27 Jan 2015

The applicants, relying on Articles 2 and 3 of the Convention, alleged that the forceful and disproportionate intervention of State agents had put their lives in danger and subjected them to ill-treatment, and that the authorities had failed to conduct an effective investigation into the events in question. They further alleged that the events complained … Continue reading Ciorcan And Others v Romania: ECHR 27 Jan 2015

Re J (A Child) (Reporting Restriction: Internet: Video): FD 5 Sep 2013

‘This case raises important questions about the extent to which the public should be able to read and see what disgruntled parents say when they speak out about what they see as deficiencies in the family justice system, particularly when, as here, their complaints are about the care system. The case also raises important questions … Continue reading Re J (A Child) (Reporting Restriction: Internet: Video): FD 5 Sep 2013

Regina v Lichniak: HL 25 Nov 2002

The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002

Miah and Others v Secretary of State for The Home Department: CA 7 Mar 2012

The applicant had been refused leave to remain as a Tier 2 (General) Migrant at a time even though he was only two months short of the five years’ continuous residence necessary to support a case for indefinite leave to remain under the rules. He argued that, in assessing whether his removal should be permitted … Continue reading Miah and Others v Secretary of State for The Home Department: CA 7 Mar 2012

A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

Burnip v Birmingham City Council and Another: CA 15 May 2012

The court considered an allegation of discrimination in the application of housing benefit for a disabled person. Held: The claimants had established a prima facie case of discrimination under Article 14 of the ECHR, and that the Secretary of State had failed to establish objective and reasonable justification for the discriminatory effect of the statutory … Continue reading Burnip v Birmingham City Council and Another: CA 15 May 2012

Kensington and Chelsea London Borough Council v O’Sullivan and another: CA 25 Mar 2003

The council granted a tenancy to the husband many years ago. At various times the couple split up then came back together. The husband was rehoused, but at the time misled the council to say his wife was not living in the flat. When the council sought a possession order, she alleged the action was … Continue reading Kensington and Chelsea London Borough Council v O’Sullivan and another: CA 25 Mar 2003

Johnson, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 9 May 2007

The prisoner complained that the delay in considering his parole was a breach of his human rights. Held: A life prisoner had a statutory right to have his case referred to the parole board. Here there had been an unjustified and arbitrary delay of eight and a half months. If on remittal, he could show … Continue reading Johnson, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 9 May 2007

O’Riordan v Director of Public Prosecutions: Admn 19 May 2005

An offender had absconded with a child and was to be prosecuted for sex offences against her. The police circulated all the journalists who had had contact to say that an identification of the defendant would also identify the girl. The defendant here, the editor of a magazine was not so informed. She published the … Continue reading O’Riordan v Director of Public Prosecutions: Admn 19 May 2005

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

X v Norway: ECHR 30 May 1975

Article 6, paragraph 3, fitt . c) of the Convention : First instance proceedings. This provision guarantees that proceedings against the accused will nor take place without adequate representation for the defence, but does not give the accused the right to decide himself in what manner his defence should be assured. Reference to national legislation … Continue reading X v Norway: ECHR 30 May 1975

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, of the concept of a fair trial in criminal proceedings contained in article 6.1 (see Imbrioscia v Switzerland (1994) 17 EHRR 441, 24 November 1993, paras 36 and … Continue reading Dvorski v Croatia: ECHR 20 Oct 2015

Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003

The claimant challenged his continued detention under the 1971 Act after his appeal to the Immigration Appeal tribunal had been successful. He had been accused of rape, but was convicted of a sexual assault, though still serious. Before being released from his sentence, the respondent had authorised his continued detention under the 1971 Act. The … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003

Kenward and Another, Regina (on The Application of) v The Director of Public Prosecutions and Another: Admn 4 Dec 2015

The claimants challenged the policy issued by the DPP on assisted suicide following the Nicklinson case. Held: The request for judicial review was refused. Sir Brian Leveson P said: ‘It is important not to misunderstand the effect either of the policy or the impact of the amendment to the policy introduced by the DPP. The … Continue reading Kenward and Another, Regina (on The Application of) v The Director of Public Prosecutions and Another: Admn 4 Dec 2015

Serife Yigit v Turkey: ECHR 20 Jan 2005

A complaint as to the privileging of civil over religious marriages in Turkey was found admissible.‘ the essential object of Article 8 is to protect the individual against arbitrary interference by the public authorities. There may in addition be positive obligations inherent in effective ‘respect’ for family life. In both contexts regard must be had … Continue reading Serife Yigit v Turkey: ECHR 20 Jan 2005

Kodela v Hungary: ECHR 15 Sep 2022

ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 30000/21, [2022] ECHR 713 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.681086

Kaganovskyy v Ukraine: ECHR 15 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Citations: 2809/18, [2022] ECHR 683 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.681083

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

Islamov v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 29090/20, [2022] ECHR 715 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681082

Selivanova And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 50794/16, [2022] ECHR 696 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681100

Voronin And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 51245/20, [2022] ECHR 717 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681109

Merzlyakov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 63219/17, [2022] ECHR 700 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681090

Platonov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 5660/18, [2022] ECHR 701 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681095

Katasonov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 13+8-1 – Right to an effective remedy : Third Section Committee Citations: 48884/19, [2022] ECHR 709 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681084

Vasetinskiy And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 37436/18, [2022] ECHR 705 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681107

Sultanov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 11374/18, [2022] ECHR 702 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681103

Bobryshev And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 21205/12, [2022] ECHR 689 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681075

Sovetov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 32992/13, [2022] ECHR 691 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681101

Nechayev And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 25823/17, [2022] ECHR 697 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681093

Sviridov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 17154/18, [2022] ECHR 703 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681104

Boca And Others v Romania: ECHR 15 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 38482/16, [2022] ECHR 695 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681076

Garkovenko And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 33826/17, [2022] ECHR 699 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681079

Sayfutdinov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 22000/18, [2022] ECHR 704 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681099

Vasilevskiy And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 25655/20, [2022] ECHR 707 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681108

Dichko And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 33724/14, [2022] ECHR 693 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681077

Khryapko v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 26190/08, [2022] ECHR 687 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681085

Frolov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 15394/19, [2022] ECHR 711 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681078

Korablevy And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 32627/17, [2022] ECHR 698 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681087

Murzina And Averina v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 72855/14, [2022] ECHR 694 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681092

Puzanov v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 26895/14, [2022] ECHR 692 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681096

Kuznetsov And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 43853/18, [2022] ECHR 706 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681088

Rabczewska v Poland: ECHR 15 Sep 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : First Section Citations: 8257/13, [2022] ECHR 680 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681097

Timokhin And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 6510/21, [2022] ECHR 716 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681105