Search Results for: European Convention on Human Rights Art 6(1)

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Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

Private Hearings are Not in Secret H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application was refused save as to identification of the children, and certain tax matters. The hearing was listed as in Private restricted only that certain people only were entitled to attend, … Continue reading Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

Regina (Heather and Another) v Leonard Cheshire Foundation: CA 21 Mar 2002

The appellants appealed rejection of their application for judicial review. They were long term residents in a nursing home, which the respondents had decided to close. Held: Though the respondent did exercise some public functions, and its activities were in part paid for by public authorities, its activity of providing residential accommodation was not a … Continue reading Regina (Heather and Another) v Leonard Cheshire Foundation: CA 21 Mar 2002

Sellick and Sellick, Regina v: CACD 14 Mar 2005

The defendants appealed convictions for murder saying that the court had had read to it the statements of four witnesses who refused to attend for fear, having been intimidated. Other witnesses had been unco-operative and had been treated by the prosecution as hostile. Held: The appeal failed. The appellants’ rights under Article 6 were in … Continue reading Sellick and Sellick, Regina v: CACD 14 Mar 2005

Saggar, Re: CA 24 Feb 2005

Whether alleged delay by Her Majesty’s Commissioners of Customs and Excise in seeking to re-open a defendant’s confiscation order, so as to increase the ‘amount which might be realised’ under it, had caused a breach of article 6(1) of the European Convention of Human Rights. Judges: Lord Justice Rix, Lord Justice Mummery, Lord Justice Carnwath … Continue reading Saggar, Re: CA 24 Feb 2005

Regina (K) v Newham London Borough Council and Another: QBD 19 Feb 2002

Parents applied for secondary school places, indicating three single sex schools. This was from a clear religious conviction. The local authority allocated another place, without giving reasons, but did provide a pamphlet setting out its policy, which showed that one criterion was a preference for a single-sex school. Held: The need to respect religious views … Continue reading Regina (K) v Newham London Borough Council and Another: QBD 19 Feb 2002

Masson And Van Zon v The Netherlands: ECHR 28 Sep 1995

ECHR Judgment (Merits) – Lack of jurisdiction (complaint inadmissible); No violation of Art. 6-1; Not necessary to examine Art. 13.The court discussed whether article 6 requires a discretion to be given to a judge to make an award of costs in favour of a successful defendant: As to whether a ‘dispute’ over a ‘right’ existed … Continue reading Masson And Van Zon v The Netherlands: ECHR 28 Sep 1995

Perotti v Collyer-Bristow (A Firm) and others: CA 6 Oct 2003

So far as civil proceedings are concerned, the funding of particular cases by civil legal aid was a matter for the Legal Services Commission. The courts have no residual power to make an order for assistance. The most it could do would be to indicate that it considered legal representation to be necessary to avoid … Continue reading Perotti v Collyer-Bristow (A Firm) and others: CA 6 Oct 2003

Easterbrook v The United Kingdom: ECHR 12 Jun 2003

The prisoner was convicted of an armed robbery in which a policeman had been shot, and had been sentenced to life imprisonment. The judge set no tariff himself. The tariff was set by the Home Secretary, but only after some time. The discretionary life prisoner had been refused the right to make oral representations to … Continue reading Easterbrook v The United Kingdom: ECHR 12 Jun 2003

Regina v H (On appeal from the Court of Appeal (Criminal Division)): HL 30 Jan 2003

The defendant had been found unfit to stand trial, at a later hearing under the section, the jury had found that he had committed the act complained of. He was discharged but ordered to be placed on the sex offenders register. He appealed on the basis that the later finding was incompatible with the Convention. … Continue reading Regina v H (On appeal from the Court of Appeal (Criminal Division)): HL 30 Jan 2003

A v The United Kingdom: ECHR 17 Dec 2002

The applicant complained that the absence of legal aid to allow a challenge what had been said about her in Parliament by way of defamation, violated her right of access to court. Held: The right to absolute parliamentary privilege was within the margin of freedom enjoyed by a nation state. The applicant was not left … Continue reading A v The United Kingdom: ECHR 17 Dec 2002

Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002

(The High Court of Justiciary) The prosecution had accepted that the matter had been the subject of unreasonable delay, but wished to continue. The defendant sought a plea in bar, on the basis that continuing would infringe his rights. Held: Once it was accepted that the delay took the prosecution outside the defendant’s right to … Continue reading Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002

Fawdry and Co (A Firm) v Murfitt: CA 14 May 2002

The judge at first instance who was ticketed to sit as a judge in the Technology and Construction Court, had been asked to sit as a judge of the High Court to take this case. The appellant said she was acting outside her powers. Held: The court considered the comon law doctrine of de facto … Continue reading Fawdry and Co (A Firm) v Murfitt: CA 14 May 2002

London Regional Transport, London Underground Limited v Mayor of London Transport for London: CA 24 Aug 2001

The claimants sought an interlocutory injunction restraining the defendants from publishing a report in breach of a contractual duty of confidence. This was granted but then discharged on the defendant undertaking only to publish a redacted version. On an application for permission to appeal, it was alleged that Sullivan J had wrongly conducted a balancing … Continue reading London Regional Transport, London Underground Limited v Mayor of London Transport for London: CA 24 Aug 2001

Dyer v Watson and Burrows: PC 29 Jan 2002

Parties challenged the compliance of proceedings with the convention where there had been considerable delay. Held: The reasonable detention provision (article 5(3)) and the reasonable time requirement (article 6(1)) conferred free-standing rights, which could be broken notwithstanding absence of effect on the fairness of the trial. The threshold for delay was high, but once established … Continue reading Dyer v Watson and Burrows: PC 29 Jan 2002

Matthews v The Ministry of Defence: QBD 22 Jan 2002

The claimant sought damages for asbestos related diseases, incurred whilst working as an engineer in the Royal Navy. He claimed that the bar on claiming against the Crown infringed his rights to a remedy. The 1987 Act removed the bar to a claim, but not retrospectively. Section 10 of the 1947 Act created a new … Continue reading Matthews v The Ministry of Defence: QBD 22 Jan 2002

Regina (Kashamu) v Governor of Brixton Prison and Another; Regina (Kashamu) v Bow Street Magistrates’ Court; Regina (Makhlulif and Another) v Bow Street Magistrates’ Court: QBD 23 Nov 2001

Where a magistrates’ court heard an application for extradition, it was within its proper ambit to assess the lawfulness of the detention of the suspect in the light of the Human Rights Convention, but not to stray onto issues which were only for the eventual court of trial to hear. Article 5 expressly required the … Continue reading Regina (Kashamu) v Governor of Brixton Prison and Another; Regina (Kashamu) v Bow Street Magistrates’ Court; Regina (Makhlulif and Another) v Bow Street Magistrates’ Court: QBD 23 Nov 2001

Jasper v The United Kingdom: ECHR 16 Feb 2000

Grand Chamber – The defendants had been convicted after the prosecution had withheld evidence from them and from the judge under public interest immunity certificates. They complained that they had not had fair trials. Held: The right was breached insofar as the prosecution had themselves sought to make that assessment without judicial involvement. Disclosure at … Continue reading Jasper v The United Kingdom: ECHR 16 Feb 2000

Serves v France: ECHR 20 Oct 1997

Captain Serves was a French officer charged in 1988 before a military court, together with a lieutenant and corporal of his company, with the murder of a civilian in the Central African Republic. In 1989 the proceedings were quashed for procedural irregularity and on 19 April 1990 fresh proceedings were commenced against the lieutenant and … Continue reading Serves v France: ECHR 20 Oct 1997

Murray v The United Kingdom: ECHR 8 Feb 1996

The applicant had been denied legal advice for 48 hours after he had been taken into custody. Held: There had been a violation of article 6(1) read with article 6(3)(c). However, it was not a breach of human rights to draw inferences from the silence of a defendant. The privilege against self-incrimination is not an … Continue reading Murray v The United Kingdom: ECHR 8 Feb 1996

Terra Woningen BV v The Netherlands: ECHR 17 Dec 1996

A court had considered itself bound by a decision of the Provincial Executive within the Netherlands adverse to the applicant company. Held: That was in breach of article 6(1). There was not access to a tribunal with sufficient jurisdiction to decide the case before it. Citations: [1996] ECHR 66, 20641/92, (1997) 24 EHRR 456 Links: … Continue reading Terra Woningen BV v The Netherlands: ECHR 17 Dec 1996

Diennet v France: ECHR 26 Sep 1995

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (publicly); No violation of Art. 6-1 (impartiality); Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings‘The Court reiterates that the holding of court hearings in public constitutes a fundamental principle enshrined … Continue reading Diennet v France: ECHR 26 Sep 1995

Bryan v The United Kingdom: ECHR 22 Nov 1995

Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that planning permission should be granted), (b) (that there had been no breach of planning control) and … Continue reading Bryan v The United Kingdom: ECHR 22 Nov 1995

Imbrioscia v Switzerland: ECHR 24 Nov 1993

The applicant had been questioned several times without access to a lawyer while he was in police custody. Held: Overall there had been no breach of article 6(1). The right set out in article 6(3)(c) is one element, among others, of the concept of a fair trial in criminal proceedings in article 6(1). The way … Continue reading Imbrioscia v Switzerland: ECHR 24 Nov 1993

Van De Hurk v The Netherlands: ECHR 19 Apr 1994

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (independent tribunal); No violation of Art. 6-1 (fair trial); Pecuniary damage – claim rejected; Costs and expenses partial award – Convention proceedingsThe applicant was a dairy farmer. Under the scheme operated within the European Community for reducing surplus milk products, he was allocated a milk … Continue reading Van De Hurk v The Netherlands: ECHR 19 Apr 1994

Padovani v Italy: ECHR 26 Feb 1993

Hudoc The Court considered the compatibility with Article 6(1) of a magistrate’s dual function of investigation and judgment. Held: The summary investigative measures carried out by the magistrate in the particular case did not give rise to an objectively justified fear that he lacked impartiality when acting thereafter as judge in the case. Citations: [1993] … Continue reading Padovani v Italy: ECHR 26 Feb 1993

Edwards v The United Kingdom: ECHR 16 Dec 1992

The fact that the elderly victim of the robbery of which the defendant had been convicted had failed to pick out Mr Edwards when she was shown two volumes of photographs of possible burglars which included his photograph was not disclosed to the defence. One of the police witnesses said that no fingerprints were found … Continue reading Edwards v The United Kingdom: ECHR 16 Dec 1992

Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000

The court was asked whether the processes by which the Secretary of State for the Environment Transport and the Regions (SSETR) makes decisions under the Town and Country Planning Act 1990 (TCPA) and orders under the Transport and Works Act 1992 (TWA), the Highways Act 1980 (HA) and the Acquisition of Land Act 1981 (ALA) … Continue reading Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc: Admn 13 Dec 2000

Hilal Al-Jedda: SIAC 18 Jul 2014

lSIAC Deprivation of Citizenship : Preliminary Issue Judges: Flaux J, Ward UTJ, Sir Stewart Eldon Citations: [2014] UKSIAC SC – 66 – 2008 Links: Bailii Statutes: British Nationality Act 1981 Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was … Continue reading Hilal Al-Jedda: SIAC 18 Jul 2014

Al-Jedda v The United Kingdom: ECHR 2 Mar 2009

The claimant, an Iraqi and British national complained of his arrest and internment on suspicion of terrorist involvement. Citations: 27021/08, [2009) ECHR 408 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was … Continue reading Al-Jedda v The United Kingdom: ECHR 2 Mar 2009

Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005

The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant argued that UN resolution 1546 requiring it to maintain order in Iraq displaced the … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005

Tolstoy Miloslavsky v United Kingdom: ECHR 19 Jul 1995

The applicant had been required to pay andpound;124,900 as security for the respondent’s costs as a condition of his appeal against an award of damages in a defamation case. Held: It followed from established case law that article 6(1) did not guarantee a right of appeal. It was not disputed that the security for costs … Continue reading Tolstoy Miloslavsky v United Kingdom: ECHR 19 Jul 1995

Benham v United Kingdom: ECHR 8 Feb 1995

Legal Aid was wrongfully refused where a tax or fine defaulter was liable to imprisonment, and the lack of a proper means enquiry, made imprisonment of poll tax defaulter unlawful. A poll tax defaulter had been wrongly committed to prison by magistrates. The question was whether or not they had acted in excess of jurisdiction. … Continue reading Benham v United Kingdom: ECHR 8 Feb 1995

Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004

The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate. Held: The Act was to be interpreted without deference to the respondent, and because of the powers … Continue reading Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004

Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005

The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his rights to a fairtrial were not engaged. Held: The prisoner’s appeal was dismissed. … Continue reading Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005

Kaplan v United Kingdom: ECHR 14 Dec 1978

(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper person to be a controller of the company. He had misstated the value of the company’s assets. … Continue reading Kaplan v United Kingdom: ECHR 14 Dec 1978

X v United Kingdom: ECHR 23 Mar 1972

(Commission) The applicant said that having been pressured into pleading guilty: ‘The Commission examined this complaint under Article 6 (1) (Art. 6-1) of the Convention which guarantees the right to a fair trial, and also under Article 6(2) (Art. 6-2) of the Convention, which provides that ‘Everyone charged with a criminal offence shall be presumed … Continue reading X v United Kingdom: ECHR 23 Mar 1972

Al-Jedda v Secretary of State for Defence: QBD 5 Mar 2009

The claimant, an Iraqi/British national complained of his detention in Iraq by the defendant without any due process. Judges: Underhill J Citations: [2009] EWHC 397 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was born an … Continue reading Al-Jedda v Secretary of State for Defence: QBD 5 Mar 2009

Attorney-General’s Reference (No 2 of 2001): HL 11 Dec 2003

The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an abuse. Held: The defendants had a right to a … Continue reading Attorney-General’s Reference (No 2 of 2001): HL 11 Dec 2003

Francis v Secretary of State for Work and Pensions: CA 10 Nov 2005

The applicant had sought payment of a ‘Sure Start’ maternity grant. She had obtained a residence order in respect of her sister’s baby daughter who had been taken into care. She said that a payment would have been made to the partner of a mother or an adopter, and that she should be similarly entitled. … Continue reading Francis v Secretary of State for Work and Pensions: CA 10 Nov 2005

H v Spain: ECHR 1982

(Commission) An American citizen whose extradition from Spain was sought by the United States, complained that he had had inadequate legal representation and interpretation before the Audiencia Nacional. Held: The complaint was inadmissible. Extradition proceedings do not involve the ‘determination of a criminal charge’ within article 6(1), because in this context ‘the word ‘determination’ involves … Continue reading H v Spain: ECHR 1982

In re T (Wardship: Impact of Police Intelligence): FD 2009

The police had obtained intelligence that the imprisoned father of a ward had taken out a contract to murder the child’s mother. As a consequence they took the child and his mother into police protection, which they threatened to withdraw if the father was awarded contact by the court. The police refused to reveal the … Continue reading In re T (Wardship: Impact of Police Intelligence): FD 2009

Mammatkulov and Askarov v Turkey: ECHR 2005

The applicants complained of the Turkish extradition procedures. Held: The Court reiterated that ‘decisions regarding the entry, stay and deportation of aliens do not concern the determination of an applicant’s civil rights or obligations or of a criminal charge against him, within the meaning of Article 6(1) of the Convention’. Citations: (2005) 41 EHRR 494 … Continue reading Mammatkulov and Askarov v Turkey: ECHR 2005

Mamatkulov and Abdurasulovic v Turkey: ECHR 6 Feb 2003

A retrospective complaint of extradition to Uzbekistan was made. The applicants sought to resist their extradition from Turkey to Uzbekistan, saying they would be tortured. Held: Convention states must comply with orders made by the European Court of Human Rights. Turkey had failed to comply with interim measures ordered and was in breach of its … Continue reading Mamatkulov and Abdurasulovic v Turkey: ECHR 6 Feb 2003

Devlin v The United Kingdom: ECHR 30 Oct 2001

National Security Certificates issued in Northern Ireland which had the effect of preventing his making a claim of discrimination, was disproportionate. The Act guaranteed person’s a right not to be discriminated for religious belief or political opinion in the job market. That is a civil right. The government argued that since the post applied for … Continue reading Devlin v The United Kingdom: ECHR 30 Oct 2001

The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

Campbell and Fell v The United Kingdom: ECHR 28 Jun 1984

Campbell and others had been involved in conduct within the prison leading to charges against them of mutiny and of striking an officer with a broom handle. The nature of the conduct in question was plainly susceptible of giving rise to criminal charges. Referring to the Engel Case, the court said: ‘The court was careful … Continue reading Campbell and Fell v The United Kingdom: ECHR 28 Jun 1984

National Iranian Tanker Company v Council: ECJ 11 Apr 2018

External Relations – Restrictive Measures v Iran – Opinion – Appeal – Common Foreign and Security Policy – Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation – Freezing of funds – Action for annulment – Re-listing decision following annulment of initial listing decision by EU Courts on the … Continue reading National Iranian Tanker Company v Council: ECJ 11 Apr 2018

E v Director of Public Prosecutions: QBD 1 Feb 2005

The defendant appealed against his conviction for having unlawful sexual intercourse with a girl under 16. He was himself under 16, and complained that the section turned the girl into a victim and him into an offender and that this was discriminatory. Held: Article 6 was not concerned with issues relating to the substance of … Continue reading E v Director of Public Prosecutions: QBD 1 Feb 2005

Lloyd v Bow Street Magistrates Court: Admn 8 Oct 2003

The defendant had been convicted and made subect to a confiscation order in 1996. A final order for enforcement was made in late 2002. The defendant said the delay in the enforcement proceedings was a breach of his right to a trial within a reasonable time. Held: The reasonable time guarantee afforded by Article 6.1 … Continue reading Lloyd v Bow Street Magistrates Court: Admn 8 Oct 2003

D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005

The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link. Held: The purpose of the section was to improve the quality of the evidence presented to a court. There was no absolute right for a defendant to be … Continue reading D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008

The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Gaunt v OFCOM and Liberty: QBD 13 Jul 2010

The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being foster parents, criticising the interviewee (author of the ban) as a Health Nazi, and otherwise insulting him. It … Continue reading Gaunt v OFCOM and Liberty: QBD 13 Jul 2010

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Clift v Slough Borough Council and Another: QBD 6 Jul 2009

The claimant sought damages for defamation. The council had decided that she had threatened a member of staff and notified various people, and entered her name on a violent persons register. She alleged malice, the council pleaded justification and qualified privilege. She also complained of the breach of her data protection rights. She had been … Continue reading Clift v Slough Borough Council and Another: QBD 6 Jul 2009

Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008

The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and claimed in breach of confidence. Held: ‘The law [of confidence] now affords protection … Continue reading Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008

British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y: FD 24 Nov 2005

Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social workers. Held: The names of the social workers had been withheld originally to protect the … Continue reading British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y: FD 24 Nov 2005

Axen v Germany: ECHR 8 Dec 1983

‘The public character of proceedings before the judicial bodies referred to in Article 6(1) protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts, superior and inferior, can be maintained. By rendering the administration of justice visible, publicity contributes to … Continue reading Axen v Germany: ECHR 8 Dec 1983

Lorse and Others v The Netherlands: ECHR 4 Feb 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 with regard to the first applicant ; No violation of Art. 3 with regard to the other applicants ; No violation of Art. 8 ; No violation of Art. 13 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe … Continue reading Lorse and Others v The Netherlands: ECHR 4 Feb 2003

JR123, Re Application for Judicial Review: QBNI 1 Nov 2021

The applicant seeks judicial review challenging the legality of Article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (‘the 1978 Order’). The effect of this provision is to prevent his previous convictions from ever becoming ‘spent.’ He argues that the relevant provision is incompatible with his right to private and family life under … Continue reading JR123, Re Application for Judicial Review: QBNI 1 Nov 2021

Unterpertinger v Austria: ECHR 24 Nov 1986

The defendant was convicted of causing actual bodily harm, mainly on the basis of statements which his wife and daughter had given to the police. His wife and daughter took advantage of their right not to give evidence at his trial and so could not be cross-examined on their statements. Held: Where a conviction is … Continue reading Unterpertinger v Austria: ECHR 24 Nov 1986

Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It was argued that the failure to make payment amounted to a denial of the right to the presumption of … Continue reading Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

Gale and Another v Serious Organised Crime Agency: SC 26 Oct 2011

Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had rejected his evidence as unreliable. Held: The defendant’s appeal failed. The making of an … Continue reading Gale and Another v Serious Organised Crime Agency: SC 26 Oct 2011

Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

Movement retsriction was not Liberty Deprivation The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law. Held: The appeal failed. … Continue reading Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Pham v The United States of America: Admn 12 Dec 2014

The defendant appealed against an order for his extradition to the USA to face extra-territorial terrorist charges. Held: The court dismissed the appeal: ‘whether the appellant is a British citizen or not makes no difference to his relevant Article 6 rights. Our reasons are as follows: the ECtHR has stated many times that a decision … Continue reading Pham v The United States of America: Admn 12 Dec 2014

Piersack v Belgium: ECHR 1 Oct 1982

Hudoc applicant convicted of murder complained that his right to a fair trial under Article 6(1) had been denied because the trial court had been presided over by a Judge who, when senior deputy procureur, had been in charge of the department which decided to prosecute the applicant. Held: ‘Whilst impartiality normally denotes absence of … Continue reading Piersack v Belgium: ECHR 1 Oct 1982

Tinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom: ECHR 10 Jul 1998

Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be compatible with Article 6(1) if it does not pursue a legitimate aim and if there is not … Continue reading Tinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom: ECHR 10 Jul 1998

Arrow Nominees Inc and Another v Blackledge and Others: CA 22 Jun 2000

A petition had been lodged alleging unfair prejudice in the conduct of the company’s affairs. The defendants alleged that when applying for relief under section 459, the claimants had attempted to pervert the course of justice by producing forged or falsified documentation in discovery. The forgery was admitted. Held: If a party to litigation behaved … Continue reading Arrow Nominees Inc and Another v Blackledge and Others: CA 22 Jun 2000

O’Neill v Her Majesty’s Advocate No 2: SC 13 Jun 2013

The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and questioned whether they had has an impartial judge, he having also conducted … Continue reading O’Neill v Her Majesty’s Advocate No 2: SC 13 Jun 2013

Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003

The appellants challenged decisions of the VAT and Duties Tribunal after seizure of their goods, and in particular whether the cases had been criminal or civil cases and following Roth, whether the respondent’s policy had been lawful and proportionate. Held: The present procedure does not involve the criminal courts and the absence of any criminal … Continue reading Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003

V v The United Kingdom; T v The United Kingdom: ECHR 16 Dec 1999

The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the European Convention in that the decision maker was the Secretary … Continue reading V v The United Kingdom; T v The United Kingdom: ECHR 16 Dec 1999

Saunders v The United Kingdom: ECHR 17 Dec 1996

(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996

Spiers v Ruddy: PC 12 Dec 2007

Limits to Powers in Devolution Cases Mr Spiers had complained as to the competency of two temporary sheriffs called to hear case against him, saying that the temporary nature of their appointments did not allow them to constitute an independent tribunal. He now complained that the subsequent delay in hearing his cases had prevented a … Continue reading Spiers v Ruddy: PC 12 Dec 2007

Norfolk County Council v Webster and others: FD 1 Nov 2006

The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified. Held: A judge must adopt the same ‘parallel analysis’ leading to the same ‘ultimate balancing test’, as described … Continue reading Norfolk County Council v Webster and others: FD 1 Nov 2006

Cadder v Her Majesty’s Advocate: SC 26 Oct 2010

Statement without lawyer access was inadmissible The accused complained that he had been convicted for assault and breach of the peace on the basis of a statement made by him during an interview with the police where, under the 1995 Act, he had been denied access to a lawyer. Held: The section must be read … Continue reading Cadder v Her Majesty’s Advocate: SC 26 Oct 2010

Halsey v Milton Keynes General NHS Trust etc: CA 11 May 2004

The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR. Held: If the parties (or at least one of them) remain intransigently opposed to … Continue reading Halsey v Milton Keynes General NHS Trust etc: CA 11 May 2004

Bank Mellat v HM Treasury: QBD 11 Jun 2010

The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of the shares, the figure was 20% and soon to be reduced to 15%. It said … Continue reading Bank Mellat v HM Treasury: QBD 11 Jun 2010

Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening): HL 12 Dec 2007

The appellant who had dual Iraqi and British nationality complained of his detention by British troops in Iraq. He was not charged with any offence, but was detained on the ground that his internment is necessary for imperative reasons of security in Iraq as a suspected terrorist. It was said that the detention was attributable … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence (JUSTICE intervening): HL 12 Dec 2007

Reprieve and Others, Regina (on The Application of) v The Prime Minister: Admn 30 Jun 2020

Standing may not be enough for JR The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and rendition of detainees in the aftermath of events in the USA on 11 … Continue reading Reprieve and Others, Regina (on The Application of) v The Prime Minister: Admn 30 Jun 2020

Tomlinson and Others v Birmingham City Council: SC 17 Feb 2010

The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that she had not received a letter informing her of the consequences of not accepting an … Continue reading Tomlinson and Others v Birmingham City Council: SC 17 Feb 2010

McGowan (Procurator Fiscal) v B: SC 23 Nov 2011

The appellant complained that after arrest, though he had been advised of his right to legal advice, and had declined the offer, it was still wrong to have his subsequent interview relied upon at his trial. Held: It was not incompatible with Article 6(1) and 6(3)(c) for the Lord Advocate to lead and rely upon … Continue reading McGowan (Procurator Fiscal) v B: SC 23 Nov 2011

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 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011

YL v Birmingham City Council and Others: HL 20 Jun 2007

The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human Rights Act 1998 and as such a ‘public authority’ subject to Convention rights … Continue reading YL v Birmingham City Council and Others: HL 20 Jun 2007