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Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children. Held: The applicant had no substantive right to take part in the enforcement process in domestic law which is capable in Convention law of engaging the guarantees in it. ‘Sympathetic though one … Continue reading Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

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

Matthews v Ministry of Defence: HL 13 Feb 2003

The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act. Held: Human rights law did not create civil rights, but rather voided procedural bars to their enforcement. The issue of what is a substantive and … Continue reading Matthews v Ministry of Defence: HL 13 Feb 2003

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

Bull and Bull v Hall and Preddy: CA 10 Feb 2012

The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they were practising Christians and viewed the guest house as their home, and that … Continue reading Bull and Bull v Hall and Preddy: CA 10 Feb 2012

Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008

The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of political expression. Held: Though the regulation was an interference in the claimant’s right of free expression, it was prescribed … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008

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

Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003

Parish Councils are Hybrid Public Authorities The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention right. Held: … Continue reading Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003

Hand and Another v George: ChD 17 Mar 2017

Adopted grandchildren entitled to succession The court was asked whether the adopted children whose adopting father, the son of the testator, were grandchildren of the testator for the purposes of his will. Held: The claim succeeded. The defendants, the other beneficiaries were not entitled to inherit the part of their father’s estate that derived from … Continue reading Hand and Another v George: ChD 17 Mar 2017

A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009

The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined. Held: The claimants’ appeals succeeded. The actual age of a party is an objective question of fact, and as such was for the … Continue reading A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009

MAK and RK v The United Kingdom: ECHR 23 Mar 2010

mak_ukECHR10 When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent. Held: The doctor had acted in a way to infringe the child and the parent’s human rights in acting … Continue reading MAK and RK v The United Kingdom: ECHR 23 Mar 2010

G, Regina (on The Application of) v X School: SC 29 Jun 2011

The claimant was employed as a teaching assistant. He was suspended after allegations of sexual misbehaviour with boy at the school. He refused to take part in the disciplinary proceedings until the police investigation was concluded. A decision was made that no prosecution would follow. The claimant’s solicitors asked to be allowed to represent him … Continue reading G, Regina (on The Application of) v X School: SC 29 Jun 2011

Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Campbell v MGN Ltd (No 2): HL 20 Oct 2005

The appellant sought to challenge the level of costs sought by the claimant after she had succeeded in her appeal to the House. Though a relatively small sum had been awarded, the costs and success fee were very substantial. The newspaper claimed that the costs claimed infringed its right to freedom of expression. Held: The … Continue reading Campbell v MGN Ltd (No 2): HL 20 Oct 2005

Jahn And Others v Germany: ECHR 30 Jun 2005

A deprivation of property without compensation can, in certain circumstances, be compatible with Article 1. . .

Parkwood Leisure Ltd v Alemo-Herron and Others: SC 15 Jun 2011

The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .

Salvesen v Riddell and Another; The Lord Advocate intervening (Scotland): SC 24 Apr 2013

The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .

Vasilopoulou v Greece: ECHR 21 Mar 2002

Hudoc Violation of Art. 6-1; Not necessary to examine Art. 13; Violation of P1-1; No violation of Art. 14; Just satisfaction reserved . .

Vasilopoulou v Greece: ECHR 26 Sep 2002

Hudoc Judgment (Just satisfaction) Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses – claim rejected . .

Lithgow And Others v The United Kingdom: ECHR 8 Jul 1986

The applicants complained that on the nationalisation of their interests under the 1977 Act, the compensation awarded had been inadequate and did not reflect their true value.
Held: Convention jurisprudence permits a proportionate restriction . .

Yigit v Turkey: ECHR 28 Jun 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; Not necessary to examine Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses . .

Yigit And Others v Turkey: ECHR 28 Jun 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation de P1-1; Non-lieu a examiner l’art. 6-1; Dommage materiel – reparation pecuniaire; Prejudice moral – constat de violation suffisant; Remboursement partiel . .

Rosenzweig And Bonded Warehouses Ltd. v Poland: ECHR 28 Jul 2005

ECHR Judgment (Merits) – Violation of P1-1; Just satisfaction reserved. . .

Kocyigit And Uzuner v Turkey: ECHR 7 Oct 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention . .

McLaughlin, Re Judicial Review: SC 30 Aug 2018

The applicant a differently sexed couple sought to marry under the Civil Partnership Act 2004, but complained that they would lose the benefits of widowed parent’s allowance. Parliament had decided to delay such rules to allow assessment of reaction . .

Air Canada v The United Kingdom: ECHR 5 May 1995

Hudoc No violation of P1-1; No violation of Art. 6-1
An aeroplane was seized as liable to forfeiture pursuant to section 141(1) of the 1979 Act. It was restored on payment of a penalty of andpound;50,000. . .

Boyle and Rice v The United Kingdom: ECHR 27 Apr 1988

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Costs and expenses award – Convention proceedings
The first applicant had been convicted and sentenced for murder and subsequent acts of . .

Smoleanu v Romania: ECHR 3 Dec 2002

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; No violation of P1-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award . .

Savvidou v Greece: ECHR 1 Aug 2000

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of P1-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; . .

Bilgin v Turkey: ECHR 16 Nov 2000

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Violation of Art. 8 + P1-1; Violation of Art. 13; No violation of Art. 14 or Art. 18; Failure to comply with obligations under former Art. 25-1 . .

Guillemin v France: ECHR 21 Feb 1997

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Violation of P1-1; Pecuniary damage – reserved; . .

Tommaso Palumbo v Italy: ECHR 26 Apr 2001

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings
On 1 April 1992, the applicant, charged with . .

Smoleanu v Romania: ECHR 6 Apr 2006

. .

The Former King of Greece and Others v Greece: ECHR 28 Nov 2002

Hudoc Judgment (Just satisfaction) Pecuniary damage – financial award ; Non-pecuniary damage – claim rejected
Hudoc Judgment (Just satisfaction) Pecuniary damage – . .

Zubani v Italy: ECHR 7 Aug 1996

Hudoc Preliminary objection rejected (out of time); Preliminary objection rejected (non-exhaustion); Violation of P1-1; Just satisfaction reserved . .

The Former King Of Greece And Others v Greece: ECHR 23 Nov 2000

Hudoc Violation of P1-1; Not necessary to examine Art. 14 + P1-1; Just satisfaction reserved . .

Guillemin v France: ECHR 2 Sep 1998

. .

Zubani v Italy: ECHR 16 Jun 1999

. .

Gillberg v Sweden: ECHR 3 Apr 2012

(Grand Chamber) The applicant, a consultant psychiatrist, had conducted research with children under undertakings of absolute privacy. Several years later a researcher, for proper reasons, obtained court orders for the disclosure of the data under . .

Lindsay v Commissioners of Customs and Excise: CA 20 Feb 2002

The applicant was stopped at Customs carrying cigarettes over the quantity set for personal use. His car was seized, and Customs refused to return it. The cigarettes were for his own use and for sale to family members. He claimed the seizure was an . .

J A Pye (Oxford) Ltd v The United Kingdom: ECHR 15 Nov 2005

The claimants had been the registered proprietors of land, they lost it through the adverse possession of former tenants holding over. They claimed that the law had dispossessed them of their lawful rights.
Held: The cumulative effect of the . .