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Reklos and Davourlis v Greece: ECHR 15 Jan 2009

(Press release) The court considered the rights when photographs were taken in public: ‘the court finds that it is not insignificant that the photographer was able to keep the negatives of the offending photographs, in spite of the express request of the applicants, who exercised parental authority, that the negatives be delivered up to them. … Continue reading Reklos and Davourlis v Greece: ECHR 15 Jan 2009

X v United Kingdom: ECHR 12 Mar 1981

ECHR Admissibility – Article 9, paragraph 1 of the Convention: The respect of this provision may create positive obligations for the State. The wording ‘either alone or in community with others’ does not leave a choice to the public authorities between two alternative obligations. In view of the requirements of the education system the authorities … Continue reading X v United Kingdom: ECHR 12 Mar 1981

Tabernacle v Secretary of State for Defence: CA 5 Feb 2009

The claimant sought judicial review to test the validity of the bye-laws which prohibited them from camping on public land to support their demonstration. Held: The bye-laws violated the claimant’s right to freedom of assembly and of expression. The respondent’s objections to the camp were insubstantial and could not justify the interference. The camp had … Continue reading Tabernacle v Secretary of State for Defence: CA 5 Feb 2009

Redfearn v The United Kingdom: ECHR 16 Jan 2009

Statement of facts Citations: 47335/06, [2009] ECHR 112 Links: Bailii Statutes: European Convention on Human Rights Citing: At EAT – A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service EAT 27-Jul-2005 The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local … Continue reading Redfearn v The United Kingdom: ECHR 16 Jan 2009

Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence: CA 21 Jan 2009

The claimants had been detained on the request of the Iraqi criminal court in a detention facility run by the UK armed forces. They complained of their proposed transfer to an Iraqi facility in anticipation of facing trial for murder, for which if convicted they might face the death penalty. Held: The claimants were not … Continue reading Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence: CA 21 Jan 2009

Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

Y v Slovenia: ECHR 28 May 2015

ECHR Article 8-1 Respect for private life Positive obligations Failure to protect complainant’s personal integrity in criminal proceedings concerning sexual abuse: violation Facts – In 2001, at the age of 14, the applicant was allegedly victim of repeated sexual assaults by a family friend, X. Following a criminal complaint by the applicant’s mother, investigations started … Continue reading Y v Slovenia: ECHR 28 May 2015

Agyarko and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 6 May 2015

Appeals against orders for removal after applicants had each married after expiry of the period of their lawful stay. A conceded that her application fell outside the Rules, but said that it was an appropriate case for the exercise of discretion. Held: The appeals were dismissed. Judges: Longmore, Gloster, Sales LJJ Citations: [2015] EWCA Civ … Continue reading Agyarko and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 6 May 2015

Jeunesse v The Netherlands: ECHR 3 Oct 2014

(Grand Chamber) Although the applicant had married and had three children while her immigration status in the Netherlands was precarious, there were exceptional circumstances such that a fair balance had not been struck between the competing interests involved: the husband and three children were all citizens of the Netherlands with the right to enjoy family … Continue reading Jeunesse v The Netherlands: ECHR 3 Oct 2014

Demir And Baykara v Turkey: ECHR 12 Nov 2008

Civil servants formed a trade union which entered into collective negotiation with a local authority resulting in an agreement. Union members then sued the authority for failing to fulfil the agreement. The local Court found in favour of the members. The Court of Cassation first quashed the ruling, on the basis that, even though there … Continue reading Demir And Baykara v Turkey: ECHR 12 Nov 2008

Secic v Croatia: ECHR 31 May 2007

The applicant had been attacked and beaten by skinheads shouting racial abuse. He complained that as a Roma, the police had failed through race discrimination properly to investigate his complaint. Held: The court repeated the statement that article 3 may give rise to a positive obligation to conduct an official investigation. The obligation on the … Continue reading Secic v Croatia: ECHR 31 May 2007

Kuznetsov v Russia: ECHR 23 Oct 2008

The applicant had taken part in a small demonstration which, for a short time, obstructed access to a public court building. Held: The court: ‘reiterate[d] at the outset that the right to freedom of assembly covers both private meetings and meetings on public thoroughfares, as well as static meetings and public processions; this right can … Continue reading Kuznetsov v Russia: ECHR 23 Oct 2008

Montgomery and Coulter v Her Majesty’s Advocate: PC 19 Oct 2000

The test of whether a defendant’s common law right to a fair trial had been damaged by pre-trial publicity was similar to the test under the Convention, and also where there was any plea of oppression. The substantial difference is that no balancing exercise was to be carried out under the Convention test. The right … Continue reading Montgomery and Coulter v Her Majesty’s Advocate: PC 19 Oct 2000

MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017

Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017

Johnson, Regina (on The Application of) v Secretary of State for The Home Department: SC 19 Oct 2016

The court was asked: ‘Is it compatible with the European Convention on Human Rights to deny British citizenship to the child of a British father and a non-British mother simply because they were not married to one another at the time of his birth or at any time thereafter? If the parents had been married … Continue reading Johnson, Regina (on The Application of) v Secretary of State for The Home Department: SC 19 Oct 2016

IAA And Others v The United Kingdom: ECHR 13 Jan 2014

Citations: 25960/13 – Communicated Case, [2014] ECHR 112 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Hesham Ali (Iraq) v Secretary of State for The Home Department SC 16-Nov-2016 The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his … Continue reading IAA And Others v The United Kingdom: ECHR 13 Jan 2014

JS and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: QBD 5 Nov 2013

The claimants challenged the benefits cap introduced under the 2012 Act, saying that it was discriminatory, affecting more women than men. Mr Eadie QC submitted on behalf of the Secretary of State that, as ‘an international instrument with no binding effect in English law’, the Convention had no bearing on the case. Held: That suggestion … Continue reading JS and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: QBD 5 Nov 2013

MM and Others v Secretary of State for The Home Department: Admn 5 Jul 2013

WLRD When applied to either recognised refugees or British citizens Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance to a party to a marriage where the income of the sponsor did not meet the minimum threshold, was a disproportionate interference with the right to respect … Continue reading MM and Others v Secretary of State for The Home Department: Admn 5 Jul 2013

Nunez v Norway: ECHR 28 Jun 2011

Article 8 rights can be sufficient to tip the balance in favour against deportation of an immigrant. Citations: 55597/09, [2011] ECHR 1047, (2011) 58 EHRR 17 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – BH and Another v The Lord Advocate and Another SC 20-Jun-2012 The appellants wished … Continue reading Nunez v Norway: ECHR 28 Jun 2011

Brogan and Others v United Kingdom (Article 50): ECHR 30 May 1989

ECHR Judgment (Just Satisfaction) – Non-pecuniary damage – finding of violation sufficient. Citations: [1989] ECHR 9, 11234/84, 11209/84, 11266/84 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Brogan and Others v The United Kingdom ECHR 29-Nov-1988 ECHR Judgment (Merits) – Violation of Art. 5-3; Violation of Art. … Continue reading Brogan and Others v United Kingdom (Article 50): ECHR 30 May 1989

Uner v The Netherlands: ECHR 18 Oct 2006

(Grand Chamber) The court considered the application of article 8 considerations in extradition and similar proceedings, and said: ‘the best interests and well-being of the children, in particular the seriousness of the difficulties which any children of the applicant are likely to encounter in the country to which the applicant is to be expelled; and … Continue reading Uner v The Netherlands: ECHR 18 Oct 2006

Renolde v France: ECHR 16 Oct 2008

A prisoner with mental health problems committed suicide during pre-trial detention. It was said that the state had infringed his article 2 right. Held: The court noted the vulnerability of persons in custody, especially those who were mentally ill, and re-affirmed the duty of state authorities to protect such persons. In relation to the operational … Continue reading Renolde v France: ECHR 16 Oct 2008

LCB v United Kingdom: ECHR 9 Jun 1998

The applicant’s father had been present on Christmas Island during British nuclear tests. She was diagnosed with leukaemia. She claimed the UK had been should have warned her parents of the risks associated with exposure to radiation and monitored her health. Held: The applicant had not proved that her father had actually been exposed to … Continue reading LCB v United Kingdom: ECHR 9 Jun 1998

Davidson v Revenue and Customs: Excs 25 Jul 2008

VDT EXCISE – seizure of vehicle and goods – whether seizure challenged – restoration refused – whether appeal against non-restoration of vehicle – whether decision not to restore goods proportionate – whether appellant entitled to raise issue of own use – whether abuse of process – No JURISDICTION – Whether criminal charge – Whether Magna … Continue reading Davidson v Revenue and Customs: Excs 25 Jul 2008

Secretary of State for the Home Department v AP: Admn 12 Aug 2008

The court reviewed the need for the control order made against AP. Judges: Keith J Citations: [2008] EWHC 2001 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005, European Convention on Human Rights 8 Jurisdiction: England and Wales Cited by: Appeal from – AP v Secretary Of State for the Home Department CA 15-Jul-2009 . … Continue reading Secretary of State for the Home Department v AP: Admn 12 Aug 2008

Omoregie And Others v Norway: ECHR 31 Jul 2008

Citations: [2009] Imm AR 170, 265/07, [2008] ECHR 761 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Quila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011 Parties challenged the rule allowing the respondent to deny the right to enter … Continue reading Omoregie And Others v Norway: ECHR 31 Jul 2008

Malone v Commissioner of the Police for the Metropolis (No 2): ChD 28 Feb 1979

The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The plaintiff claimed that the interception had been and was unlawful. Held: Although he dismissed the plaintiff’s claim, the … Continue reading Malone v Commissioner of the Police for the Metropolis (No 2): ChD 28 Feb 1979

Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006

The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006

Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department and Another: Admn 10 May 2006

The claimants had successfully brought judicial review of the defendant’s policies concluding that the defendant had unlawfully interfered with their right to family life by effectively preventing them marrying under the 2004 Act. They now sought damages. Judges: Silber J Citations: [2006] EWHC 1035 (Admin) Links: Bailii Statutes: European Convention on Human Rights 12 14, … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department and Another: Admn 10 May 2006

Baiai and Another, Regina (on the Application of) v Secretary of State for Home Department: Admn 16 Jun 2006

The 2004 Act and Regulations operated to prevent the claimant marrying. He succeeded in challenging the regulations, and now sought damages. Judges: Silber J Citations: [2006] EWHC 1454 (Admin), [2006] HRLR 39, [2007] 1 WLR 735, [2006] 4 All ER 555 Links: Bailii Statutes: European Convention on Human Rights 12 14, Immigration (Procedure for Marriage) … Continue reading Baiai and Another, Regina (on the Application of) v Secretary of State for Home Department: Admn 16 Jun 2006

Rodrigues Da Silva and Hoogkamer v The Netherlands: ECHR 31 Jan 2006

A Brazilian mother came to the Netherlands in 1994 and set up home with a Dutch national but not applying for a residence permit. In 1996 they had a daughter who became a Dutch national. In 1997 they split up and the daughter remained with her father. It was eventually confirmed by the Dutch courts … Continue reading Rodrigues Da Silva and Hoogkamer v The Netherlands: ECHR 31 Jan 2006

Perry v The United Kingdom: ECHR 17 Jul 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – financial awardThe claimant had been arrested, then released to attend an identification parade. Several attempts failed, then with senior officer’s consent he was video taped on his next visit to the police station. The tape was used to identify him, and … Continue reading Perry v The United Kingdom: ECHR 17 Jul 2003

Brogan and Others v The United Kingdom: ECHR 29 Nov 1988

ECHR Judgment (Merits) – Violation of Art. 5-3; Violation of Art. 5-5; No violation of Art. 5-1; No violation of Art. 5-4; Not necessary to examine Art. 13; Just satisfaction reserved.The four applicants were arrested and detained under prevention of terrorism legislation on suspicion of being concerned in the commission, preparation or instigation of acts … Continue reading Brogan and Others v The United Kingdom: ECHR 29 Nov 1988

Steel and Others v The United Kingdom: ECHR 23 Sep 1998

The several applicants had been arrested in different circumstances and each charged with breach of the peace contrary to common law. Under the Magistrates’ Court Act 1980, the court can bind over a Defendant to keep the peace, if the Defendant consents, and impose a sentence of up to 6 months’ imprisonment if the Defendant … Continue reading Steel and Others v The United Kingdom: ECHR 23 Sep 1998

Lawless v Ireland (No 3): ECHR 1 Jul 1961

The Irish Government derogated from article 5 in July 1957 in order to permit detention without charge or trial, and the applicant was detained between July and December 1957. He could have obtained his release by undertaking to observe the law and refrain from activities contrary to the Offences against the State (Amendment) Act 1940, … Continue reading Lawless v Ireland (No 3): ECHR 1 Jul 1961

Boultif v Switzerland: ECHR 2 Aug 2001

The applicant complained under Article 8 that the Swiss authorities had not renewed his residence permit, after which he had been separated from his wife, a Swiss citizen and who could not be expected to follow him to Algeria. Switzerland argued that his conviction for an offence of violence was sufficient justification for interfering with … Continue reading Boultif v Switzerland: ECHR 2 Aug 2001

Kopecky v Slovakia: ECHR 28 Sep 2004

(Grand Chamber) The court said of the practice of the Convention institutions under A1 P1: ‘An applicant can allege a violation of article 1 of Protocol 1 only in so far as the impugned decisions related to his ‘possessions’ within the meaning of this provision. ‘Possessions’ can be either ‘existing possessions’ or assets, including claims, … Continue reading Kopecky v Slovakia: ECHR 28 Sep 2004

Karassev v Finland: ECHR 12 Jan 1999

Admissibility. The arbitrary denial of citizenship may violate the right to respect for private life under Article 8. The Convention did not guarantee the right to acquire a particular nationality. Nevertheless, it did ‘not exclude that an arbitrary denial of citizenship might in certain circumstances raise an issue under article 8 of the Convention because … Continue reading Karassev v Finland: ECHR 12 Jan 1999

Onal And Others v Turkey: ECHR 7 Jun 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 20950/10, [2022] ECHR 434 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 July 2022; Ref: scu.678512

Gulmez v Turkey: ECHR 20 May 2008

The applicant complained inter alia of successive decisions which had deprived him of visitation rights for about a year as punishment for disciplinary offences whilst in prison. Held: ‘the restriction on the applicant’s visiting rights clearly fell within the sphere of his personal rights and was therefore civil in nature’. An individual must be able … Continue reading Gulmez v Turkey: ECHR 20 May 2008

Eldesuki v Russia: ECHR 7 Jun 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 12454/19, [2022] ECHR 430 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 July 2022; Ref: scu.678492

Adamco v Slovakia (No 2): ECHR 2 Jun 2022

ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 20877/19, [2022] ECHR 412 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 July 2022; Ref: scu.678312

Juhnke v Turkey: ECHR 13 May 2008

Medical treatment, may well be experienced as degrading by a patient who is subjected to it against his will, but ‘A measure which is therapeutically necessary from the point of view of established principles of medicine cannot in principle be regarded as inhuman and degrading’ Citations: 52515/99, [2008] ECHR 379, (2008) 49 EHRR 534 Links: … Continue reading Juhnke v Turkey: ECHR 13 May 2008

Ismoilov And Others v Russia: ECHR 24 Apr 2008

The court criticised the Russian system in prisons: ‘in the absence of clear legal provisions establishing the procedure for ordering and extending detention with a view to extradition and setting up time-limits for such detention, the deprivation of liberty to which the applicants were subjected was not circumscribed by adequate safeguards against arbitrariness.’ Citations: 2947/06, … Continue reading Ismoilov And Others v Russia: ECHR 24 Apr 2008

Regina (Smith) v Parole Board (No 2): CA 31 Jul 2003

The applicant having been released on licence had his licence revoked. The decision had been made at a hearing which considered evidence on paper only, which he said was unfair. Held: The case law had maintained a proper distinction between the determination of a criminal charge and otherwise. The first required an oral hearing for … Continue reading Regina (Smith) v Parole Board (No 2): CA 31 Jul 2003

Foks v Russia: ECHR 16 Oct 2018

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee Citations: 5582/12, [2018] ECHR 828 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 July 2022; Ref: scu.628800

McDonald v McDonald and Others: SC 15 Jun 2016

Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. The receivers began possession proceedings, and a possession order was made and confirmed. She appealed saying … Continue reading McDonald v McDonald and Others: SC 15 Jun 2016

In re Officer L: HL 31 Jul 2007

Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry. Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain whether giving evidence would give rise to a materially increased risk to life. Having found that it did not, it did … Continue reading In re Officer L: HL 31 Jul 2007

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others: SC 27 Jan 2010

Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the Supreme Court, applications were also now made to lift the anonymity orders. Held: The … Continue reading In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others: SC 27 Jan 2010

Croatia Bus D.O.O v Croatia: ECHR 2 Jun 2022

ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 12261/15, [2022] ECHR 410 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 July 2022; Ref: scu.678316

CAS and CS v Romania: ECHR 20 Mar 2012

The applicants raise several complaints related to the repeated rape and other ill-treatment suffered by the first applicant. In particular, the first applicant alleged that the criminal investigations into those facts had been ineffective, and that there had been an interference with his right to respect for his private and family life. Judges: Josep Casadevall, … Continue reading CAS and CS v Romania: ECHR 20 Mar 2012

Ruddy v Rae, Chief Constable Strathclyde Police and Another: SCS 2 Mar 2011

The pursuer had been arrested under warrant. He complained that other officers in Strathclyde assualted him when iin custody. That complaint was rejected after investigation, and proceedings were refused either by way of criminal prosecution or disciplinary proceedings. He made a civil complaint saying that he had been denied his human right and that there … Continue reading Ruddy v Rae, Chief Constable Strathclyde Police and Another: SCS 2 Mar 2011

Regina (Bernard and Another) v Enfield Borough Council: Admn 25 Oct 2002

The claimants were husband and wife. They had six children. The wife was severely disabled and confined to a wheelchair. The defendant Council provided the family with a small house but in breach, as they ultimately accepted, of section 21(1) (a) of the National Assistance Act, failed to provide the family with accommodation suited to … Continue reading Regina (Bernard and Another) v Enfield Borough Council: Admn 25 Oct 2002

LB v Lithuania: ECHR 14 Jun 2022

ECHR Judgment : Article 2 of Protocol No. 4 – Freedom of movement-{general} : Second Section Citations: 38121/20, [2022] ECHR 469 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 July 2022; Ref: scu.678505

Muslim v Turkey: ECHR 26 Apr 2005

ECHR Judgment (Merits) – Violation of Art. 3 if deportation order executed; Not necessary to examine Art. 2; Not necessary to examine Art. 13; No violation of Art. 3; No violation of Art. 8. Citations: 53566/99, [2005] ECHR 260 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 July … Continue reading Muslim v Turkey: ECHR 26 Apr 2005

Boyle v United Kingdom: ECHR 8 Jan 2008

The applicant was in the army. He complained that, having been accused of a rape, he was ordered by his commanding officer to be detained on remand pending trial. Held: There had been a breach of Article 5.3 which required that anyone arrested should be taken before a court or other proper officer exercising judicial … Continue reading Boyle v United Kingdom: ECHR 8 Jan 2008

Crane v Canons Leisure Centre: CA 19 Dec 2007

Sums paid out by a solicitor to his costs draughtsman are profit costs as part of the base costs to which the success fee mark-up under a conditional fee agreement applies, rather than disbursements. The defining characteristic was whether the solicitor remained responsible for the work charged. It was sensible not to overcomplicate the conditional … Continue reading Crane v Canons Leisure Centre: CA 19 Dec 2007

Savage v South Essex Partnership NHS Foundation Trust and Another: CA 21 Dec 2007

The claimant said that the defendant hospital had been negligent in failing to prevent her daughter escaping from the mental hospital at which she was detained and committing suicide. Held: The status of a detained mental patient was more akin to that of a prisoner than of a patient because of the control exercised and … Continue reading Savage v South Essex Partnership NHS Foundation Trust and Another: CA 21 Dec 2007

Di Luca And Saluzzi v Italy: ECHR 2 Sep 1997

ECHR Basic distinction in law of many member States of the Council of Europe between civil servants and employees governed by private law – Court has accordingly held that disputes relating to recruitment, careers and termination of service of civil servants are as a general rule outside scope of Article 6 ss 1.Applicants sought recognition … Continue reading Di Luca And Saluzzi v Italy: ECHR 2 Sep 1997

Perkins and R v The United Kingdom: ECHR 22 Oct 2002

ECHR Judgment (Merits and just satisfaction) Violation of Art. 8 ; No separate issue under Art. 14+8 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings Citations: 44875/98, [2002] ECHR 690, 43208/98 Links: Bailii … Continue reading Perkins and R v The United Kingdom: ECHR 22 Oct 2002

Behrami and Behrami v France; Saramati v France Germany and Norway: ECHR 2 May 2007

The applicants complained of the action and inaction of members of an international security force (‘KFOR’) that had been deployed in Kosovo pursuant to Security Council Resolution 1244 (1999). Held: The applications were inadmissible. The Court was not competent ratione personae. This was because the individual respondents fell to be treated as part of KFOR … Continue reading Behrami and Behrami v France; Saramati v France Germany and Norway: ECHR 2 May 2007

Dickson and Another v United Kingdom: ECHR 15 Dec 2007

(Grand Chamber) The complainants were husband and wife. They had been married whilst the husband served a sentence of life imprisonment. They had been refused suport for artificial insemination treatment. Held: The claim succeeded. The refusal infringed their human right to family and private life. The refusal had been on the basis that the couple’s … Continue reading Dickson and Another v United Kingdom: ECHR 15 Dec 2007

Smith And Grady v United Kingdom (Article 41): ECHR 25 Jul 2000

Citations: 33986/96, [2000] ECHR 384, 33985/96 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Smith and Grady v The United Kingdom ECHR 27-Sep-1999 The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. … Continue reading Smith And Grady v United Kingdom (Article 41): ECHR 25 Jul 2000

Garrett, Falcao And Others v Portugal: ECHR 11 Jan 2000

Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione temporis); Violation of P1-1; Not necessary to examine Art. 6, 13 and 17; Just satisfaction reserved; Costs and expenses partial award – Convention proceedings Citations: [2000] ECHR 2, 30229/96, [2000] ECHR 2, [2001] ECHR 249, 29813/96 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: … Continue reading Garrett, Falcao And Others v Portugal: ECHR 11 Jan 2000

Irene M Scott v The United Kingdom: ECHR 8 Feb 2000

(Admissibility) The court was asked whether the mother’s Article 8 rights had been breached by a local authority who had applied to free her child for adoption, the court once again stated that ‘the best interests of the child is always of crucial importance’. Citations: 34745/97, [2000] ECHR 698, 2000 Fam LR 102, [2000] 1 … Continue reading Irene M Scott v The United Kingdom: ECHR 8 Feb 2000

Jaso and others v Central Criminal Court No.2 Madrid: Admn 14 Dec 2007

The Madrid Court had issued European Arrest Warrants against the three appellants on charges of membership of a criminal organisation and terrorism. The appellants had unsuccessfully challenged extradition before the District Judge on a large number of grounds. These included the contention that extradition would violate articles 3, 5, 6 and 8 of the Convention. … Continue reading Jaso and others v Central Criminal Court No.2 Madrid: Admn 14 Dec 2007

AG (Eritrea) v Secretary of State for the Home Department: CA 20 Nov 2007

The threshold requirement referable to the nature of the consequences was ‘not a specially high one’ Sedley LJ discussed the Huang case: ‘The effect of their Lordships’ decision (and, if we may say so, the intended effect of this court’s decision) in Huang has thus not been to introduce a new interpretation of article 8 … Continue reading AG (Eritrea) v Secretary of State for the Home Department: CA 20 Nov 2007

Ministry of Defence v Foxley and others: Admn 10 Dec 2007

In 1992, the claimant and members of his family were made subject to restraint orders after his conviction for corruption. They now applied for discharge of the orders claiming excessive delay. Nothing had moved forward since 1996, saying hey had in any event been automatically stayed in 2000. Held: The delay was unacceptable, and both … Continue reading Ministry of Defence v Foxley and others: Admn 10 Dec 2007

Timpul Info-Magazin and Anghel v Moldova: ECHR 27 Nov 2007

Particularly strong reasons must be provided for any measure limiting access to information which the public has the right to receive. Citations: 42864/05, [2007] ECHR 976 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom ECHR 10-Mar-2009 The applicant alleged that … Continue reading Timpul Info-Magazin and Anghel v Moldova: ECHR 27 Nov 2007

KD v Chief Constable of Hampshire: QBD 23 Nov 2005

The claimant’s daughter had made a complaint of rape. She alleged that she was sexually harassed by the investigating police officer, and sought damages also from the defendant, his employer. The officer denied that anything improper or non-consensual had taken place. Held: The taking of the statements was a course of conduct and was plainly … Continue reading KD v Chief Constable of Hampshire: QBD 23 Nov 2005

Ulusoy v Turkey: ECHR 25 Jun 2019

ECHR Judgment : No Article 8 – Right to respect for private and family life : Second Section Citations: 54969/09, [2019] ECHR 485 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 July 2022; Ref: scu.638925