A complaint was made that the authorities had failed in their duty to protect a prisoner’s life. The authorities had him in custody for two years and knew of his health problems. He was not properly treated in the penal colony. When he had acute pain, he was diagnosed with a perforated ulcer and peritonitis … Continue reading Tarariyeva v Russia: ECHR 14 Dec 2006
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986
Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003
ECHR Judgment (Just Satisfaction) – Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 14992/89, [1993] ECHR 51, 12325/86 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: … Continue reading Kemmache v France (Nos. 1 And 2) (Article 50): ECHR 2 Nov 1993
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006
The case of Hariri had set too high the threshold for the level of threat which would need to apply as to the propriety of returning an asylum applicant to his home country. The correct test is that the applicant need show a ‘real risk’ of har. This is a lower standard than one of … Continue reading Zorig Batayav v the Secretary of State for the Home Department: CA 5 Nov 2003
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002
Citations: 29612/09, [2009] ECHR 1899 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 August 2022; Ref: scu.381450
The appellant challenged an order made under the 1981 Act revoking his British citizenship, saying that it infringed his article 8 rights to family life. Judges: Mitting J Ch, Lane SIJ Citations: [2009] UKSIAC 66/2008 Links: Bailii Statutes: European Convention on Human Rights 8, British Nationality Act 1981 40 Citing: See Also – Al-Jedda, Regina … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009
The applicant challenged the prodecures for deciding her appeal against the council’s refusal to pay backdated housing benefits. She complained that the availability of judicial review of the decision was not adequate. Held: The system did not provide a fair system. The Board was not itself independent of the Council whose decision it looked at … Continue reading Tsfayo v The United Kingdom: ECHR 14 Nov 2006
Article 35-1 Six month period Failure to lodge timely application concerning failure of insolvent State entity to pay judgment debt: inadmissible Facts – Between 2003 and 2005 the applicants obtained final court orders against their former employer, a ‘socially/State-owned’ company, requiring it to pay them salary arrears and social security reimbursements. In 2005 insolvency proceedings … Continue reading Sokolov And Others v Serbia (Dec): ECHR 14 Jan 2014
ECHR Article 6 Criminal proceedings Article 6-1 Access to court Decision to strike out civil claims alleging torture on account of immunity invoked by defendant State (the Kingdom of Saudi Arabia) and its officials: no violation Facts – The applicants alleged that they had been subjected to torture while in custody in the Kingdom of … Continue reading Jones And Others v The United Kingdom: ECHR 14 Jan 2014
The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and family life. Held: The Secretary of State’s appeal against a declaration of incompatibility failed. The … Continue reading JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009
Citations: 38714/04, [2008] ECHR 1692, [2009] ECHR 1367 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 July 2022; Ref: scu.341318
The applicants were residents of a nursing home run by the respondents, and sought judicial review of the decision to close it. Before making the decision, the council consulted the residents and concluded that none had been offered a ‘home for life’. Though some understood this, the council argued that no promise had been given, … Continue reading Cowl and others v Plymouth City Council: Admn 14 Sep 2001
Judges: Josep Casadevall, P Citations: 30255/09 – Chamber Judgment, [2014] ECHR 79 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: GC Summary – Bitto And Others v Slovakia ECHR 28-Jan-2014 ECHR Article 46-2 – Execution of judgment – Measures of a general character – Respondent State required to introduce compensatory remedy … Continue reading Bitto and Others v Slovakia (3rd Ch): ECHR 28 Jan 2014
ECHR Article 46-2 – Execution of judgment – Measures of a general character – Respondent State required to introduce compensatory remedy to provide effective relief for breach of property rights of rent-controlled flat owners Facts – The applicants were 21 owners or co-owners of residential buildings in Bratislava and Trnava to which a rent-control scheme … Continue reading Bitto And Others v Slovakia: ECHR 28 Jan 2014
Extra Division, Inner House – Judges: Lady Clark of Calton Citations: [2014] ScotCS CSIH – 7, 2014 SLT 905, [2014] CSIH 71, 2014 GWD 27-534 Links: Bailii Statutes: European Convention on Human Rights 2 3 8, Nationality, Immigration and Asylum Act 2002 94(3) Jurisdiction: Scotland Cited by: Extra Div Inner House – McCann v The … Continue reading SN v Secretary of State for The Home Department: SCS 14 Jan 2014
Appeal against a decision that the SS’s refusal of a student loan was a breach of the claimant’s human rights. Held: The Secretary of State’s appeal against the judge’s decision on the settlement criterion was allowed and the appellant’s appeal against his decision on the lawful ordinary residence criterion was dismissed.Laws LJ (with whom Floyd … Continue reading Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: CA 31 Jul 2014
Citations: 43298/07, [2010] ECHR 2184 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 July 2022; Ref: scu.429704
Citations: 50360/08, [2010] ECHR 2020 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 July 2022; Ref: scu.427248
Citations: 9523/10, [2011] ECHR 1033 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 July 2022; Ref: scu.441252
Citations: 36286/14 (Judgment (Merits and Just Satisfaction) : Court (Third Section)) French Text, [2016] ECHR 476 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 July 2022; Ref: scu.564854
The court considered the justification for extended sentences of imprisonment for public protection: ‘Its justification is the protection of the public. It is indeterminate. Release depends on the judgment of the Parole Board as to the risk which the prisoner presents. The court must fix a minimum term before which release cannot be considered, calculated … Continue reading Pedley, Martin and Hamadi v Regina: CACD 14 May 2009
Citations: (2009) 49 EHRR SE8, 38165/07, [2009] ECHR 765 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 Haghighi v The Netherlands: ECHR 14 Apr 2009
The Court was asked whether or not the procedural protections afforded by Article 6(1) ECHRR as identified by the House of Lords in Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 apply to the Appellant’s appeal against the decision of the Secretary of State to deprive him … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 22 Oct 2008
The appellant had been granted british citizenship. He now appealed against a an order under section 40(2) of the 1981 Act depriving him of his British citizenship on the ground that the respondent was satisfied that deprivation was conducive to the public good. Judges: Mitting J Ch, Lane SIJ Citations: [2008] UKSIAC 66/2008 Links: Bailii … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 23 May 2008
The claimants had been prosecuted following authorised intrusive surveillance. They challenged the laws which prevented them from asking questions about interception, and therefore from defending themselves. The defendants said that the police had deliberately failed to record details which would demonstrate that the recordings had been from an interception rather than the surveillance. Held: The … Continue reading Knaggs v The United Kingdom: ECHR 14 Jan 2009
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
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
(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
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
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
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
Citations: 34848/07, [2010] ECHR 2022, [2011] Fam Law 234, 30 BHRC 85, [2011] 2 FCR 197, (2011) 53 EHRR 1, [2011] 1 FLR 1307 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – O’Donoghue and Others v United Kingdom ECHR 17-Nov-2008 . . Approved – Baiai and others, Regina … Continue reading O’Donoghue and Others v United Kingdom: ECHR 14 Dec 2010
ECHR Judgment : Article 10 – Freedom of expression-{general} : Fourth Section Citations: 44652/18, [2022] ECHR 475 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 July 2022; Ref: scu.678514
The appellant had fled Zimbabwe. Though her asylum application was refused, she was not returned for the temporary suspension of such orders to Zimbabwe. In the meantime she married and had a child. She now appealed an order for her removal citing human rights grounds. The respondent had a policy that the applicant must return … Continue reading Chikwamba v Secretary of State for the Home Department: HL 25 Jun 2008
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
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
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
(Commission) A pacifist objected to civilian substitute service on the ground that it tended to uphold respect for military service. Held: The complaint was inadmissible. Referring to article 4(3)(b): ‘The Convention does not prevent a state from taking measures to enforce performance of civilian service, or from imposing sanctions on those who refuse such service.’ … Continue reading Johansen v Norway: ECHR 14 Oct 1985
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 14800/18, [2022] ECHR 482 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 July 2022; Ref: scu.678477
ECHR Judgment : No Article 8 – Right to respect for private and family life : Second Section Citations: 70489/17, [2022] ECHR 471 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 July 2022; Ref: scu.678475
ECHR Judgment : No Article 3 – Prohibition of torture : Third Section Committee Citations: 61504/10, [2022] ECHR 479 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 July 2022; Ref: scu.678524
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 43604/18, [2022] ECHR 476 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 July 2022; Ref: scu.678486
Application for permission to appeal from Asylum and Immigration Tribunal refusing application by YG (China) to remain in the United Kingdom on Article 8 grounds. Birth of child after entry. Judges: Pill LJ Citations: [2008] EWCA Civ 530 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales Immigration, Human Rights Updated: … Continue reading YG (China) v Secretary of State for the Home Department: CA 14 Apr 2008
ECHR Judgment : Article 4 of Protocol No. 7 – Right not to be tried or punished twice-{general} : Third Section Committee Citations: 28882/14, [2022] ECHR 480 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 July 2022; Ref: scu.678504
The Secretary of State appealed against a declaration that paragraph 3(2)(b) of Part 2 of Schedule 3 to the 2004 Act was incompatible with Article 3. The clause was said to restrict the Home Secretary from considering anything beyond the country guidance applicable to the case when deciding whether to order the failed asylum applicant’s … Continue reading Secretary of State for the Home Department v JN: CA 14 May 2008
Citations: 38988/02, [2008] ECHR 297 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 July 2022; Ref: scu.267316
Citations: 42694/02, [2008] ECHR 319 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 July 2022; Ref: scu.267260
ECJ An Austrian businessman who had moved to Germany complained that storing data relating to him in a central register of foreign nationals discriminated against him as there was no such database for German nationals. Advocate General Poiares Maduro pointed out that: ‘The concept of necessity has a long history in Community law and is … Continue reading Huber v Bundesrepublik Deutschland (European Citizenship): ECJ 3 Apr 2008
The deceased had committed suicide whilst in prison. It was argued that the prison should have recognised that he was a suicide risk, and acted accordingly. The coroner had requested a note from the jury as to the cause of death. The court considered whether a coroner’s inquest satisfied the requirements for an investigation of … Continue reading Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: Admn 14 Dec 2001
ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section Committee Citations: 48411/15, [2022] ECHR 478 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 July 2022; Ref: scu.678498
ECHR Judgment : No Article 6 – Right to a fair trial : Fourth Section Citations: 20837/18, [2022] ECHR 472 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 July 2022; Ref: scu.678474
ECHR Judgment : Article 9 – Freedom of thought, conscience and religion : Second Section Citations: 34417/10, [2022] ECHR 473 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 July 2022; Ref: scu.678473
Citations: 14466/02, [2009] ECHR 448 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 July 2022; Ref: scu.317943
The Court considered the question of the proportionality of a sentence imposed for crime committed in the course of peaceful protest. Citations: 19554/05 – Chamber Judgment, [2014] ECHR 485 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Full Judgment – Taranenko v Russia (Summary) ECHR 15-May-2014 Article 10-1 Freedom of … Continue reading Taranenko v Russia: ECHR 15 May 2014
Article 10-1 Freedom of expression Article 11-1 Freedom of peaceful assembly One year’s detention pending trial and three year suspended sentence prison for involvement in protest against President: violation Facts – In December 2004 the applicant was arrested at the scene of a protest action against Presidential policies. She was part of a group of … Continue reading Taranenko v Russia (Summary): ECHR 15 May 2014
ECHR Judgment : Article 14+2-1 – Prohibition of discrimination : Fourth Section Citations: 56070/18, [2022] ECHR 468 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 July 2022; Ref: scu.678519
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
Citations: 32377/96, [2000] ECHR 382, 31417/96 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 July 2022; Ref: scu.263022
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
The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion. Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an employee. ‘The religious beliefs of a community may be such that their manifestation does not … Continue reading The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007
The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict liability, and the governor was liable in damages even though he had … Continue reading Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2): HL 27 Jul 2000
ECHR Judgment : Article 2 – Right to life : Fourth Section Committee Citations: 54262/14, [2022] ECHR 481 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 July 2022; Ref: scu.678510
Challenge to Temporary Exclusion Order. Held: The concept of ‘civil rights and obligations’ cannot be interpreted solely by reference to national law but has an autonomous meaning within article 6(1) Citations: [2020] EWHC 1221 (Admin), [2020] WLR(D) 291 Links: Bailii, WLRD Statutes: Counter-Terrorism and Security Act 2015 11(2)(d), European Convention on Human Rights 6, Data … Continue reading QX v Secretary of State for The Home Department: Admn 15 May 2020
The claimants challenged rules which meant that certain immigrants subject to immigration control were unable to marry, save only those marrying according to the rites of the Church of England. Held: The rules were not justified by evidence that a sufficient number of sham marriages, or that the number of such marriages had any overall … Continue reading Secretary of State for the Home Department v Baiai and others: CA 23 May 2007
The maintenance of procedural safeguards is necessary if the use of the Mareva injunction procedure is not to be held to be incompatible with article 1 of the First Protocol to the European Convention on Human Rights. Judges: Lord Drummond Young Citations: [2002] ScotCS 350, 2002 SC 270 Links: ScotC, Bailii Jurisdiction: Scotland Cited by: … Continue reading Karl Construction Limited v Palisade Properties Plc: SCS 14 Jan 2002
The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The material was withheld in the interests of national security. Held: The failure to supply the defendants with … Continue reading Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 5504/20, [2022] ECHR 477 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 July 2022; Ref: scu.678503
An innocent bystander had been shot dead by police mistaking him for a suicide bomber. The claimant, a cousin, challenged decisions not to prosecute any officer for murder or manslaughter or any other criminal offence. Held: Review was refused: ‘A decision to prosecute can have a profound effect on the accused; and a decision not … Continue reading Da Silva, Regina (on the Application of) v Director of Public Prosecutions and Another: Admn 14 Dec 2006
The applicant was an asylum seeker reliant upon the respondent for housing, being otherwise destitute. She sought housing which would not split up her extended family. She claimed that the regulations excluded from the respondent’s decision making process an element, her right to respect for family life, which he was obliged under the Convention to … Continue reading Hetoja, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 24 Oct 2002
The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return. Held: The mother’s appeal succeeded. The Convention required an order to be made for the return of a child only where the parent … Continue reading In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006
Prior to the coming into force of the Civil Partnership Act 2004, it was not a breach of art 14 of the ECHR amounting to unlawful discrimination on the ground of sexual orientation to refuse to grant leave to a person in a same-sex relationship who could not satisfy the requirements of the Immigration Rules … Continue reading LD (Article 14; Same-Sex Relationships) Brazil: IAT 10 Sep 2006
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006
Citations: 28793/02, [2006] ECHR 132 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006 The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant … Continue reading Christian Democratic People’s Party v Moldova: ECHR 14 Feb 2006
The former husband appealed an order for his committal to prison on a judgment summons in default of clearing arrears of maintenance payments. He said that the proceedings were criminal in nature and offended his rights to a fair trial under the Convention, in that evidence had been taken at less than criminal standards. Held: … Continue reading Rundell v Rundell: CA 14 Dec 2005
The defendant NHS trust objected as to the leading of certain evidence by the prosecutor, saying it infringed the right to a fair trial. Held: As a governmental body rather the Trust could not have human rights capable of being infringed, it did not qualify as a victim under the Act. The French version of … Continue reading Frame v Grampian University Hospitals NHS Trust: HCJ 14 Feb 2004
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 8; Remainder inadmissible; Not necessary to examine under Art. 34; Non-pecuniary damage – finding of violation sufficient. Citations: 92/03, [2005] ECHR 392 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230666
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 11; Not necessary to examine Art. 14; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award. Citations: 46626/99, [2005] ECHR 58 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 11 Human Rights Updated: 01 July 2022; … Continue reading Partidul Comunistilor (Nepeceristi) And Ungureanu v Romania: ECHR 3 Feb 2005
The Appellant is a citizen of the Democratic Republic of Congo (DRC). He has been given leave to appeal the determination of an Adjudicator dismissing his appeal against the Respondent’s decision to give directions for his removal from the United Kingdom and to refuse asylum. Judges: Moulden Ch Citations: [2002] UKIAT 05220 Links: Bailii Statutes: … Continue reading PK (Article 8, Return, Marriage-Refugee) Democratic Republic of Congo: IAT 13 Nov 2002
Sedley LJ considered the circumstances where the Secretary of state should take into account the defendant’s article 8 human rights when considering deportation after serving a sentence of imprisonment: ‘Generally, the protection of family life under Article 8 involves cohabiting dependants, such as parents and their dependant minor children. Whether it extends to other relationships … Continue reading Kugathas v Secretary of State for the Home Department: CA 21 Jan 2003
In each case fathers not married to the mother of the child, but with parental responsibility sought to have the child immunised. The mothers opposed the treatment saying they believed it unsafe. Held: The children should be immunised. Article 8.2 permitted interference with family life for health reasons. Mothers and fathers had equal rights before … Continue reading In re C (a Child) (Immunisation: Parental Rights); In re F (a Child) (Immunisation: Parental rights): FD 13 Jun 2003
ECHR Judgment : No Article 11 – Freedom of assembly and association : Second Section Citations: 41955/14, [2022] ECHR 360 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.677888
The applicant alleged that in criminal proceedings against him, there was used in evidence a statement from an anonymous witness, and his defence rights had been unacceptably restricted in breach of Article 6. The police said that witnesses were frightened of reprisals. On appeal, the court allowed as evidence a written summary from the police. … Continue reading Visser v The Netherlands: ECHR 14 Feb 2002
Judges: Kerr LCJ, Campbell LJ and Weir J Citations: [2005] NICA 1 Links: Bailii Statutes:
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
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 4168/10, [2019] ECHR 213 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 June 2022; Ref: scu.635999
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Citations: 35726/10, [2019] ECHR 215, [2019] ECHR 210 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 June 2022; Ref: scu.636005
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Citations: 36416/06, [2019] ECHR 208 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 June 2022; Ref: scu.636018
ECHR Judgment : Article 14+P1-1-1 – Prohibition of discrimination : Fifth Section Citations: 38299/15, [2019] ECHR 211 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.636031
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Committee Citations: 29674/07, [2019] ECHR 209 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.635996
Citations: [1995] ECHR 2, 14518/89 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017 The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement … Continue reading Schuler-Zgraggen v Switzerland (Article 50): ECHR 31 Jan 1995
