ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 27182/16, [2022] ECHR 915 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682343
ECHR Judgment : Article 2 – Right to life : First Section Citations: 23037/16, [2022] ECHR 911 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682339
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Citations: 21743/15, [2022] ECHR 936 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682624
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
An injunction was not granted to restrain the publication of a decision of the ASA pending the result of a challenge by way of Judicial Review. There is a general principle in our law that the expression of opinion and the conveyance of information will not be restrained by the courts save on pressing grounds. … Continue reading Regina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd: QBD 9 Dec 1992
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 72192/12, [2020] ECHR 365 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651049
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 18106/12, [2020] ECHR 369 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651048
ECHR Judgment : Article 3 – Prohibition of torture : First Section Committee Citations: 42969/18, [2020] ECHR 363 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651038
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 70878/12, [2020] ECHR 364 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651039
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 21954/16, [2020] ECHR 362 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.650991
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 15524/13, [2022] ECHR 920 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682350
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 27990/18, [2022] ECHR 964 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682640
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 36124/13, [2022] ECHR 955 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682612
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Citations: 4952/21, [2022] ECHR 956 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682625
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 24453/17, [2022] ECHR 951 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.682650
Appeal in which the issue centres around the concept of proportionality in applying Article 8 of the European Convention on Human Rights (‘the ECHR’), particularly where there has been significant delay on the part of the Secretary of State in dealing with an application for leave to remain in the United Kingdom. Citations: [2007] EWCA … Continue reading FK (Democratic Republic of Congo) v Secretary of State for the Home Department: CA 14 Dec 2007
ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings 65665/01 ; 71879/01 ; 72861/01 Citations: 71879/01, 65665/01, [2004] ECHR 82, [2004] ECHR 83, 72861/01 … Continue reading Schluga v Austria: ECHR 19 Feb 2004
ECHR Article 3 Positive obligations State’s failure to protect demonstrators from homophobic violence: violation Article 14 Discrimination State’s failure to investigate homophobic motives behind violence during demonstration: violation Facts – The applicants were a non-governmental organisation set up to promote and protect the rights of LGBT people in Georgia, and 14 individuals. On 17 May … Continue reading Identoba And Others v Georgia: ECHR 12 May 2015
Article 3 Degrading treatment Handcuffing of patient on her way to a psychiatric hospital: violation Facts – The applicant underwent cancer surgery and chemotherapy in April 2009. In October 2009 her husband called for medical assistance as she was suffering from anxiety and distress. On the advice of medical practitioners the applicant was transferred to … Continue reading Ilievska v The Former Yugoslav Republic of Macedonia: ECHR 7 May 2015
ECHR Article 1 para. 2 of Protocol No. 1 Control of the use of property Forfeiture of a civil servant’s wrongfully acquired property as part of domestic anti-corruption measures: no violation Facts – In 2004 the first applicant, a former government minister, was charged with abuse of authority and extortion. The Public Prosecutor’s Office of … Continue reading Gogitidze And Others v Georgia: ECHR 12 May 2015
The applicants alleged that their deportation to Iraq would involve a violation of Article 3 of the Convention. Judges: Mark Villiger, P Citations: 59166/12 – Chamber Judgment, [2015] ECHR 528 Links: Bailii Statutes: European Convention on Human Rights &3 Jurisdiction: Human Rights Human Rights, Immigration Updated: 30 November 2022; Ref: scu.547595
ECHR Article 1 of Protocol No. 1 Positive obligations Failure of the state to protect the property rights of minors under a real-estate swap agreement: violation Facts – In 1997 the applicants, two minor sisters represented by their mother, purchased a villa for EUR 60,000. The mother and Z.L., who was the applicants’ legal guardian … Continue reading SL And JL v Croatia: ECHR 7 May 2015
ECHR Grand Chamber Article 37 Article 37-1 Striking out applications Application concerning absence of suspensive effect of application for judicial review of deportation order or of refusal of leave to remain: struck out following friendly settlement Article 13 Effective remedy Absence of suspensive effect of application to Aliens Appeals Board for judicial review of deportation … Continue reading SJ v Belgium (Striking Out): ECHR 19 Mar 2015
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017
The appellant said that the Board had infringed her human rights in its approach to disciplinary proceedings brought against her. She had been cleared and now sought a remedy. The Board successfully argued that her claims were out of time. Held: the limitation period under section 7(5)(a) had started to run when the Disciplinary Tribunal … Continue reading O’Connor v Bar Standards Board: CA 25 Jul 2016
The serving prisoner said that new general restrictions on smoking in public buildings applied also in prisons. were a breach of his human rights. The only spaces where prisoners were allowed now to smoke were their cells, and he would share cells with smokers, suffering second hand inhalation. He suffered health problems. Judges: Singh J … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: Admn 5 Mar 2015
The Coroner, conducting an investigation into a person’s death, issued notices under para 1(2) of Schedule 5 to the Coroners and Justice Act 2009, requiring the Revenue and Customs Commissioners to provide occupational information concerning the deceased for the purpose of investigating whether he had died as a result of an industrial disease. The Commissioner … Continue reading Revenue and Customs, Regina (on The Application of) v HM Coroner for The City of Liverpool: Admn 21 May 2014
A challenge was made to the ban on smoking at a secure hospital. Judges: Lord Clarke MR, Keene, Moses LJJ Citations: [2009] EWCA Civ 795, [2010] PTSR 674, [2009] HRLR 31 Links: Bailii Statutes: European Convention ofHuman Rights 8 14 Jurisdiction: England and Wales Cited by: Cited – Black, Regina (on The Application of) v … Continue reading N, Regina (on The Application of) v Secretary of State for Health: CA 24 Jul 2009
The deceased had committed suicide in his prison cell. Prison officers were charged with manslaughter by gross neglect, but they were discharged. The applicant sought now to challenge the refusal of the coroner to allow to be called to give evidence a psychiatrist who had provided a report to the family’s solicitors. The coroner felt … Continue reading Warren, Regina (on the Application of) v Her Majesty’s Assistant Coroner for Northamptonshire: Admn 29 Apr 2008
The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006
(i) A decision of the Secretary of State not to grant indefinite leave to remain to a person subject to the restricted leave policy (‘the RL policy’) does not normally engage Article 8 of the European Convention on Human Rights. However, Article 8 may be engaged by a decision to refuse to grant indefinite leave … Continue reading MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
The defendant sought to defend the claim for defamation by claiming fair comment. The claimant said that the relevant facts were not known to the defendant at the time of the publication. Held: To claim facts in aid of a defence of fair comment, it would make no sense if those facts were not known … Continue reading Lowe v Associated Newspapers Ltd: QBD 28 Feb 2006
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013
The applicants’ young child had been suspected of being the victim of physical abuse. After court proceedings the child was removed. In later proceedings and after being placed with an aunt, she was diagnosed as having brittle bone disease. In the meantime, the mother had suffered ostracism in her community. The court had found her … Continue reading RK and AK v The United Kingdom: ECHR 18 Oct 2005
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
ECHR Judgment : No Article 8 – Right to respect for private and family life : First Section Citations: 10390/15, [2022] ECHR 986 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682607
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 17230/19, [2022] ECHR 970 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682641
ECHR Judgment : No Article 8 – Right to respect for private and family life : First Section Citations: 22105/18, [2022] ECHR 916 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682342
ECHR Judgment : Article 14+P1-3 – Prohibition of discrimination : First Section Citations: 49636/14, [2022] ECHR 981 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682598
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 63528/16, [2022] ECHR 949 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682623
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 72595/13, [2018] ECHR 940 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.631243
ECHR Judgment : No violation of Article 1 of Protocol No. 1 – Protection of property Article 1 para. 1 of Protocol No. 1 – Peaceful enjoyment Citations: 17800/10, [2017] ECHR 562 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607716
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Fair hearing Violation of Article 6 Citations: 20489/07, [2017] ECHR 508 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607723
ECHR Judgment : No violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for correspondence Respect for private and family life Citations: 33242/12, [2017] ECHR 613 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607715
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Substantive aspect Violation of Article 5 ECHR Judgment : Struck out of the list : Third Section Committee Citations: 48826/08, [2017] ECHR 579, [2020] ECHR 263 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human … Continue reading Maznev And Others v Russia: ECHR 22 Jun 2017
ECHR Judgment : Violation of Article 6+6-3-c – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Fair hearing Article 6 Citations: 5217/06, [2017] ECHR 589 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607683
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Reasonable time Citations: 21357/08, [2017] ECHR 516 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607692
ECHR Judgment : Violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for family life Citations: 45158/09, [2017] ECHR 496 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607674
ECHR Judgment : Violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for correspondence Respect for private life Citations: 21979/08, [2017] ECHR 561 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607691
ECHR Judgment : Violation of Article 9 – Freedom of thought, conscience and religion Article 9-1 – Freedom of religion Non-pecuniary damage Citations: 58088/08, [2017] ECHR 568 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607685
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Torture Substantive aspect Violation of Article 3 Citations: 21571/05, [2017] ECHR 491 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607686
ECHR Judgment : Violation of Article 14+8 – Prohibition of discrimination Article 14 – Discrimination Article 8 – Right to respect for private life Citations: 55740/10, [2017] ECHR 517 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607676
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Impartial tribunal Non-pecuniary loss Citations: 5856/13, [2017] ECHR 598 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607696
ECHR Judgment : No violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for family life Citations: 30441/09, [2017] ECHR 494 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607673
ECHR Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property Article 1 para. 2 of Protocol No. 1 Citations: 33076/10, [2017] ECHR 594 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607681
ECHR Judgment : Violation of Article 6+6-3-d – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Fair hearing Article 6 Citations: 38958/07, [2017] ECHR 509 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607694
ECHR Judgment : No violation of Article 2 – Right to life Article 2-1 – Life Substantive aspect Violation of Article 2 – Right to life Citations: 30500/11, [2017] ECHR 500 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607680
ECHR Judgment : Violation of Article 11 – Freedom of assembly and association Article 11-1 – Freedom of association Non-pecuniary damage Citations: 4776/08, [2017] ECHR 515 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607689
ECHR Judgment : No violation of Article 10 – Freedom of expression-{General} Article 10-1 – Freedom of expression Violation of Article 10 Citations: 57218/10, [2017] ECHR 535 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607654
ECHR Judgment : Violation of Article 6+6-3-c – Right to a fair trial Article 6 – Criminal proceedings Article 6 – Right to a fair trial Citations: 13289/06, [2017] ECHR 560 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607648
ECHR Judgment : Violation of Article 10 – Freedom of expression-{General} Article 10-1 – Freedom of expression Pecuniary and non-pecuniary losses Citations: 28199/15, [2017] ECHR 567 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607656
ECHR Judgment : Remainder inadmissible Article 35-1 – Exhaustion of domestic remedies Violation of Article 1 of Protocol No. 1 Citations: 20086/13, [2017] ECHR 614 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607668
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Citations: 66328/12, [2017] ECHR 566 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607644
ECHR Judgment : No violation of Article 3 – Prohibition of torture Article 3 – Torture Substantive aspect Violation of Article 3 Citations: 38305/07, [2017] ECHR 538 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607641
ECHR Judgment : Violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for private life Pecuniary damage Citations: 50772/11, [2017] ECHR 512 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607646
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Substantive aspect Violation of Article 1 Citations: 12487/09, [2017] ECHR 580 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607662
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Reasonable time Citations: 41784/11, [2017] ECHR 569 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607664
ECHR Judgment : Violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for family life Citations: 41887/09, [2017] ECHR 495 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607649
ECHR Judgment : Violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for family life Citations: 55950/09, [2017] ECHR 497 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607653
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-4 – Speediness of review Violation of Article 5 Citations: 61513/14, [2017] ECHR 583 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607665
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Citations: 61902/12, [2017] ECHR 520 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607633
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-4 – Review of lawfulness of detention Citations: 56982/10, [2017] ECHR 549 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607632
ECHR Judgment : Remainder inadmissible Violation of Article 8 – Right to respect for private and family life Article 8 Citations: 13812/09, [2017] ECHR 571 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607631
Questions as to the proper interpretation of para 317(i) of the Immigration Rules (‘the Rules’) and the application of articles 8 and 14 of the European Convention on Human Rights (‘the Convention’) to that paragraph Citations: [2008] EWCA Civ 102, [2008] Imm AR 490, [2008] INLR 590 Links: Bailii Jurisdiction: England and Wales Immigration, Human … Continue reading MB (Somalia) v Entry Clearance Officer: CA 20 Feb 2008
The claimant, whilst a prisoner. had been found guilty in disciplinary proceedings, and sentenced to additional days. He was not allowed representation at the hearing. The respondent argued that, the penalty having later been quashed, the hearing had been reduced in status to an administrative hearing which did not require compliance with the Human Rights … Continue reading Napier v Secretary of State for Home Department: Admn 29 Apr 2004
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003
Whether the imposition of a Notification Order (‘N/O’) under section 97 of the Sexual Offences Act 2003 (‘SOA 2003’) was disproportionate and breached Article 8 of the European Convention on Human Rights Judges: Lord Justice Haddon-Cave and Mr Justice Holgate Citations: [2020] EWHC 1053 (Admin) Links: Bailii Jurisdiction: England and Wales Criminal Sentencing, Human Rights … Continue reading Halabi, Regina (on The Application of) v The Crown Court At Southwark: Admn 1 May 2020
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The patient had been detained under the Act and was incapable of making an application for her freedom. Held: There was a duty on the state to ensure that mechanisms were made available to a patient to apply to review her continued detention where she was herself incompetent to make such an application. Having been … Continue reading MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004
A single homosexual man complained that the respondent state had made it impossible for him to adopt a child. Held: The claim was within the ambit of article 8 as regards respect for family life, but the court dismissed the claim under article 14 in conjunction with article 8, on margin of appreciation grounds. The … Continue reading Frette v France: ECHR 26 Feb 2002
There are certain grounds of factual difference which by common accord are not acceptable, without more, as a basis for different legal treatment, including sexual orientation: ‘. . the Contracting States enjoy a margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a different treatment in law. The … Continue reading Frette v France: ECHR 2002
The applicants wished to challenge the confiscation of their goods by the Commissioners of Customs and Excise on their return to Dover. They appealed the refusal of Legal Aid. Held: The Convention guaranteed the right to legal assistance for someone charged with a criminal offence and who could not afford representation, but these condemnation proceedings … Continue reading Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial awardThe mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life, and the placement of children in foster homes or other accommodation which they … Continue reading Kutzner v Germany: ECHR 26 Feb 2002
ECHR Judgment : Remainder inadmissible : Third Section Citations: 65550/13, [2018] ECHR 1012 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631264
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 42991/13, [2018] ECHR 999 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631266
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Citations: 42507/06, [2018] ECHR 968 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631239
ECHR Judgment : Article 2 – Right to life : Third Section Committee Citations: 5374/07, [2018] ECHR 980 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631296
ECHR Judgment : No Article 6 – Right to a fair trial : Third Section Citations: 68725/16, [2022] ECHR 918 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.682345
ECHR Judgment : No violation of Article 10 – Freedom of expression-{general} Article 10-1 – Freedom of expression Citations: 51405/12, [2017] ECHR 793 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 November 2022; Ref: scu.607849
The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in … Continue reading JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015
‘hearing in respect of the claim by Privacy International, the well known NGO, and seven internet service providers, of which Greennet Limited carries on operations in this country and the other Claimants have customers in this country, though their main operations are based abroad. The hearing has been of preliminary issues of law, whose purpose … Continue reading Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Another: IPT 12 Feb 2016
The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret Intelligence Service (and similarly also known as MI6) and the Government Communications Headquarters. Judges: Burton J P Citations: [2014] … Continue reading Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014
The applicant complained under Article 6 – 1 of the Convention that the ancillary relief proceedings were not dealt with within a reasonable time, that he was not given a real opportunity to present his case and that some of the judges involved in the proceedings were not impartial. Judges: Lech Garlicki, P Citations: 5787/06, … Continue reading Holmes v The United Kingdom: ECHR 10 Feb 2009
(Admissibility) ‘The first applicant is a freelance journalist who works for various German and foreign newspapers, radio and television stations on a regular basis. In particular, she investigates matters that are subject to the surveillance of the Federal Intelligence Service, notably armaments, preparations for war, drug and arms trafficking and money laundering. In order to … Continue reading Weber and Saravia v Germany: ECHR 29 Jun 2006
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 mother’s religious practices and was discriminatory; although the protection of the children was a legitimate aim, there was, in the view of the Strasbourg court, no … Continue reading Palau Martinez v France: ECHR 16 Dec 2003
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim on the basis that the child did not have a right of … Continue reading Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008
The applicant challenged regulations brought in by the respondent providing for foreigners suspected of terrorism to be detained where a British national suspect would not have been detained. The respondent had issued a derogation from the Convention for this purpose. Held: The people detained were those who could not be returned to their own country … Continue reading A, X and Y, and others v Secretary of State for the Home Department: CA 25 Oct 2002
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to disclose all relevant evidence to the defence. In this case the … Continue reading PG and JH v The United Kingdom: ECHR 25 Sep 2001
The appellant had been convicted of causing death by careless driving with excess alcohol. He said that he had taken alcohol after stopping driving but before being tested. He challenged the weight of the burden of proof ascribed by the statute. The judge had directed the jury that he faced a persuasive burden of establishing … Continue reading Drummond v Regina: CACD 7 Mar 2002
