The defendant had been wrongly convicted of IRA bombings. She said that the prosecution had failed to disclose evidence. Held: The prosecution’s forensic scientists are under a common law duty to disclose to the defence anything they may discover which may assist the defendant. ‘Non-disclosure is a potent source of injustice and even with the … Continue reading Regina v Ward (Judith): CACD 15 Jul 1992
ECHR Article 2 Positive obligations Alleged failure of authorities to prosecute a journalist in respect of a newspaper article that was alleged to have put applicant’s life at risk: no violation Facts – At the material time the applicant was a member of the DTP, a former pro-Kurdish political party, and a member of Parliament. … Continue reading Selahattin Demirtas v Turkey: ECHR 23 Jun 2015
ECHR Article 6 Civil proceedings Article 6-1 Access to court Inability of Supreme Court President to contest premature termination of his mandate: violation Article 10 Article 10-1 Freedom of expression Premature termination of Supreme Court President’s mandate as a result of views expressed publicly in his professional capacity: violation Facts – The applicant, a former … Continue reading Baka v Hungary: ECHR 27 May 2014
The applicant claimed that the police had known in advance of an attack upon the applicants by religious opponents, which he said would constitute inhuman or degrading treatment, but that they had failed to take any preventive action. Held: The Court reaffirmed the existence of a positive obligation upon States under article 3, in the … Continue reading Gldani Congregation of Jehovah’s Witnesses Others v Georgia: ECHR 3 May 2007
‘This case raises important questions about the extent to which the public should be able to read and see what disgruntled parents say when they speak out about what they see as deficiencies in the family justice system, particularly when, as here, their complaints are about the care system. The case also raises important questions … Continue reading Re J (A Child) (Reporting Restriction: Internet: Video): FD 5 Sep 2013
The applicants, a same sex couple sought the right to marry. Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their relationship, although since practice in this regard is still evolving across Europe, the Contracting States enjoy a wide … Continue reading Schalk and Kopf v Austria: ECHR 22 Nov 2010
The applicants alleged discrimination in that as a same sex couple they were not allowed to marry. Held: There was no violation.The Court cannot but note that there is an emerging European consensus towards legal recognition of same-sex couples. Moreover, this tendency has developed rapidly over the past decade. Nevertheless, there is not yet a … Continue reading Schalk and Kopf v Austria: ECHR 24 Jun 2010
The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder. Held: The transfer was a breach of the applicants’ rights. The Iraqis had re-introduced the death penalty for such crimes which they said amounted to war crimes. The … Continue reading Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002
The applicants, same sex partners, complained of the refusal of their request to be married, saying that the legal impossibility for them to get married constituted a violation of their right to respect for private and family life and of the principle of non-discrimination. Citations: 30141/04, [2010] ECHR 218 Links: Bailii Statutes: European Convention on … Continue reading Schalk and Kopf v Austria: ECHR 16 Feb 2010
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Citations: 72783/11, [2022] ECHR 806 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 October 2022; Ref: scu.681754
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 47880/14, [2018] ECHR 944 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 October 2022; Ref: scu.631260
ECHR Judgment : Protection of property : First Section Committee Citations: 51599/11, [2019] ECHR 811 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 October 2022; Ref: scu.646704
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Committee Citations: 29389/09, [2019] ECHR 926 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646777
ECHR Judgment : No Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 77335/14, [2019] ECHR 916 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646772
ECHR Judgment : Protection of property : Second Section Committee Citations: 42019/06, [2020] ECHR 111 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646994
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 53068/08, [2019] ECHR 688 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646589
ECHR Judgment : Protection of property : Fifth Section Citations: 45806/11, [2019] ECHR 901 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 October 2022; Ref: scu.646805
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 61022/10, [2019] ECHR 869 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 October 2022; Ref: scu.646793
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 25601/12, [2019] ECHR 912 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646763
ECHR Judgment : Protection of property : Third Section Committee Citations: 29384/14, [2019] ECHR 808 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646720
ECHR Judgment : Protection of property : Third Section Citations: 44457/11, [2019] ECHR 805 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646718
ECHR Judgment : Protection of property : First Section Committee Citations: 12576/12, [2019] ECHR 812 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646724
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 7834/12, [2019] ECHR 717 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646625
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 57752/16, [2019] ECHR 696 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646593
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Citations: 48171/10, [2019] ECHR 783 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646566
ECHR Judgment : Protection of property : Second Section Committee Citations: 28432/06, [2019] ECHR 724 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646598
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 41845/12, [2019] ECHR 762 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646587
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 47166/09, [2019] ECHR 524 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646504
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee Citations: 53716/17, [2019] ECHR 541 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646480
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Citations: 22479/05, [2019] ECHR 568 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646442
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Citations: 58774/12, [2019] ECHR 576 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646447
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee Citations: 52673/15, [2020] ECHR 62 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646367
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 29962/18, [2022] ECHR 727 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.681166
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Committee Citations: 32899/13, [2022] ECHR 742 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.681172
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 7896/15, [2019] ECHR 915 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646779
ECHR Judgment : Protection of property : First Section Citations: 32141/10, [2019] ECHR 900 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646790
ECHR Judgment : Protection of property : Second Section Committee Citations: 8934/13, [2019] ECHR 826 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646701
ECHR Judgment : Protection of property : Third Section Citations: 10899/12, [2019] ECHR 845 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646707
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 36407/12, [2019] ECHR 712 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646665
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 36660/10, [2019] ECHR 939 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646736
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 45102/04, [2019] ECHR 858 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646741
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee Citations: 71462/17, [2019] ECHR 642 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646540
ECHR Judgment : Protection of property : Second Section Citations: 37758/08, [2020] ECHR 82 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646425
ECHR Judgment : Protection of property : Fourth Section Citations: 64863/13, [2019] ECHR 840 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646725
ECHR Judgment : Protection of property : Fourth Section Citations: 16332/18, [2019] ECHR 653 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646651
ECHR Judgment : Protection of property : First Section ECHR Judgment : Pecuniary and non-pecuniary damage – award : First Section Citations: 58999/13, [2019] ECHR 682, [2020] ECHR 777 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646640
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section ECHR Judgment : Pecuniary damage – award : Fifth Section Citations: 77508/11, [2019] ECHR 552, [2020] ECHR 306 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646495
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 46082/14, [2019] ECHR 649 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646519
ECHR Judgment : No Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 20319/17, [2019] ECHR 697 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646570
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Committee Citations: 72954/11, [2020] ECHR 11 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646377
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 46147/19, [2022] ECHR 659 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681019
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 885/12, [2022] ECHR 647 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681026
This case concerns the principle of open justice and the application of orthodox principles to an application by a litigant for an anonymity order, namely, the balancing exercise between an individual’s Article 8 and 6 rights of the European Convention on Human Rights and the Article 10 and 6 ECHR rights of the press and … Continue reading Moss v Information Commissioner: CA 15 May 2020
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee Citations: 22456/15, [2018] ECHR 1009 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 October 2022; Ref: scu.631269
ECHR Article 5-1 Deprivation of liberty Failure to provide the rehabilitative courses to prisoners which were necessary for their release: violation Facts – By virtue of section 225 of the Criminal Justice Act 2003, indeterminate sentences for the public protection were introduced. Like sentences of life imprisonment, these required the direction of the Parole Board … Continue reading James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012
All agricultural and forest land transactions in Austria required approval by local and regional authorities (in the Tyrol, the Tyrol Real Property Transactions Commission), the aim being to preserve land for agriculture and forestry and avoid the proliferation of second homes. The applicatant association was formed to promote sound agricultural and forest property ownership and … Continue reading Osterreichische Vereinigung Zur Erhaltung, Starkung Und Schaffung v Austria: ECHR 28 Nov 2013
The claimant life sentence prisoner had inter alia been detained after the expiry of his tarriff pending a review of whether his continued detention was required for public protection. That review had been delayed, and the claimant was awarded andpound;300 for the associetd anxiety and distress. The Secretary appealed. Held: Laws LJ took as his … Continue reading Sturnham v Secretary of State for Justice: CA 23 Feb 2012
(Grand Chamber) Reputation falls within the ambit of the protection afforded by article 8 Judges: Wildhaber P Citations: 33348/96, (2005) 41 EHRR 14, [2004] ECHR 692 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 10 Citing: See Also – Cumpana Et Mazare v Roumanie ECHR 10-Jun-2003 Reputation can be a Convention right within Article … Continue reading Cumpana and Mazare v Roumanie: ECHR 17 Dec 2004
The appellant had been deprived of his British Citizenship by an order of the respondent under the 1981 Act. That had meant that he was unable to return to the UK. He now appealed against refusal of his challenge to the order. Judges: Richards, Stanley Burnton, Gross LJJ Citations: [2012] EWCA Civ 358 Links: Bailii … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern … Continue reading Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012
The applicants’ relatives were shot by an off-duty police officer. They complained that the state had failed to exercise requisite control over the procedure for equipping police officers with a weapon. They alleged that there had been a breach of the Osman duty. Held: The court they summarised the relevant law. The positive duty under … Continue reading Gorovenky And Bugara v Ukraine: ECHR 12 Jan 2012
The Sofia Public Prosecutor’s Office had ordered the suspension of the performance of a privatisation contract relating to an hotel. The office had acted under its criminal jurisdiction and had also brought a civil action. There had been no finding of guilt: when it ordered the suspension, the Public Prosecutor’s Office had stated that ‘(the) … Continue reading Zlinsat, Spol. SRO v Bulgaria: ECHR 15 Jun 2006
ECHR Judgment : Protection of property : Fifth Section Committee Citations: 62490/09, [2021] ECHR 153 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 September 2022; Ref: scu.658860
The claimant, a disabled adult with cerebral palsy and Downs, asserted that the care plan set out in an order of the Court of Protection involved a contravention of his human rights since it involved a deprivation of his liberty. He was incontinent but without control, would tear off parts of his incontinence pad and … Continue reading Cheshire West and Chester Council v P: CA 9 Nov 2011
A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the hunting of harp seals. Held: The Court considered whether the newspaper had a reasonable … Continue reading Bladet Tromso and Stensaas v Norway: ECHR 20 May 1999
ECHR Judgment : Protection of property : Third Section Committee Citations: 28427/18, [2021] ECHR 117 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 September 2022; Ref: scu.658586
The pursuers each sought damages, saying that the conditions in which they had been held whilst prisoners in HMP Barlinnie had infringed their human rights. Held: It would be contrary to public policy and an abuse of process for a person to proceed by way of an ordinary action to establish that a public authority’s … Continue reading Docherty and Others v The Scottish Ministers: SCS 2 Sep 2011
The claimant alleged defamation by the defendant in an article regarding her expenses claims as an MP. She appealed against summary judgment in favour of the defence in their pleaded defence of honest comment. Held: Laws LJ said: ‘The principle identified in Jameel consists in the need to put a stop to defamation proceedings that … Continue reading Lait v Evening Standard Ltd: CA 28 Jul 2011
ECHR Judgment : Protection of property : Second Section Citations: 23662/08, [2021] ECHR 108 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 September 2022; Ref: scu.658613
the claimant, a morbidly obese man, made a funding request to the trust for gastric surgery. This was refused because he did not meet the trust’s policy of offering funding to people who had a body mass index which exceeded a certain level. The claimant sought judicial review of the trust’s decision on the ground, … Continue reading Condliff, Regina (on The Application of) v North Staffordshire Primary Care Trust: CA 27 Jul 2011
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017
Grand Chamber – The international measure relied on by the respondent state had to be interpreted in a manner that minimised the extent to which arbitrary detention was sanctioned or required. The court described its role in settling awards of compensation under the Convention: ‘The court recalls that it is not its role under article … Continue reading Al-Jedda v United Kingdom: ECHR 7 Jul 2011
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
The applicants had been disciplined whilst in prison, and suffered various penalties including the loss of remission. They argued that the penalties had been imposed in breach of their human rights and that the protection given for intimate searches was inadequate. Held: Although the proceedings may have the effect of postponing the prisoners release, in … Continue reading Regina (Carroll and Another) v Secretary of State for the Home Department; Regina (Greenfield) v Same: CA 19 Jul 2001
ECHR Judgment : Protection of property : First Section Citations: 4893/13, [2021] ECHR 121 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 September 2022; Ref: scu.658582
The claimants appealed against dismissal of their claim for damages under the 1998 Act. The house had been searched under warrant. They said that the constable obtaining the warrant had acted on information he knew or ought to have known was false. The officer had acted on the basis of information provided through Crimestoppers, but … Continue reading Williams v Dyfed and Powys Police: CA 22 Nov 2010
The claimant complained of the reporting of a sexual encounter which he said was private. Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes … Continue reading Mosley v The United Kingdom: ECHR 10 May 2011
Citations: 64927/01, [2010] ECHR 1428 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Palau Martinez v France ECHR 16-Dec-2003 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 … Continue reading Palau Martinez v France: ECHR 15 Sep 2010
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
The defendant argued that the judge should have ensured that some members of the jury were black. He was a black man being tried by an all white jury, with a white victim and white witnesses. Held: The judge had no part to play in the selection of a jury, and could not influence their … Continue reading Regina v Smith (Lance Percival): CACD 19 Feb 2003
S was serving a term of life imprisonment. After serving the tariff, his detention should have been reviewed. After several serious delays, and a decision that he should instead be transferred to open conditions, he brought proceedings for judicial review challenging the lawfulness of the decision taken by the Parole Board following a hearing, and … Continue reading Sturnham, Regina (on The Application of) v Parole Board, Secretary of State for Justice: Admn 14 Mar 2011
There is a right of appeal against removal directions under section 65 of the 1999 Act on the ground that removal would be in breach of a person’s human rights. Auld LJ was not impressed by an argument that a restrictive interpretation was necessary to prevent abuse. On the one hand a last-minute challenge would … Continue reading Kariharan and Another, Regina (on the Application Of) v Secretary of State for Home Department: CA 15 Apr 2002
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed him from her care. As he had become an adult, … Continue reading G v E and Others: CoP 26 Mar 2010
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
The court had granted an injunction to restrain the defendant from flying aircraft trailing banners abusive of the claimant. He now said that this infringed his right to free speech, and that his actions were permitted by virtue of section 1(3). Held: Eady J drew from Hansard the proposition that the sub-section was framed with … Continue reading Howlett v Holding: QBD 25 Jan 2006
Grand Chamber – The applicant alleged that his expulsion by the Belgian authorities had violated Articles 2 and 3 of the Convention and that he had been subjected in Greece to treatment prohibited by Article 3; he also complained of the lack of a remedy under Article 13 of the Convention that would enable him … Continue reading MSS v Belgium And Greece: ECHR 21 Jan 2011
Article 6 Criminal proceedings Article 6-1 Fair hearing Admission in evidence against person accused of membership of unlawful organisation of police testimony based on undisclosed sources: no violation Facts – The case concerned the fairness of the applicant’s trial and conviction before the Special Criminal Court in Ireland for being a member of the IRA. … Continue reading Donohoe v Ireland (Legal Summary): ECHR 12 Dec 2013
The claimant sought damages saying that his detention in prison beyond the minimum period pending a review was unlawful when that review was delayed. He now appealed against dismissal of his claim when he had not appeared at court, being unlawfully at large. Held: The appeal was allowed: ‘(1) Mr Faulkner had suffered a breach … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice The Parole Board: CA 14 Dec 2010
The claimant appealed against rejection of his claim for asylum and protection on human rights grounds. He said that if returned to Afghanistan he would face a real risk of serious harm. Judges: Pill, Rimer, Black LJJ Citations: [2010] EWCA Civ 1407 Links: Bailii Statutes: Geneva Convention relating to the Status of Refugees (1951), Immigration, … Continue reading Secretary of State for The Home Department v DD (Afghanistan): CA 10 Dec 2010
ECHR Judgment : Protection of property : Second Section ECHR Judgment : Struck out of the list : Second Section Citations: 23079/11, [2021] ECHR 40, [2022] ECHR 474 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 August 2022; Ref: scu.657399
ECHR Judgment : Protection of property : Second Section Committee Citations: 27530/09, [2021] ECHR 56 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 August 2022; Ref: scu.657481
It is unlawful for a court, as a public authority for the purposes of s. 6(3) of the 1998 Act, to act in a way incompatible with defendant’s rights enshrined in article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Judges: Lord Roger Citations: [2005] 2 Cr Ap R 32 … Continue reading Regina v Mustaq: CACD 2005
ECHR Judgment : Protection of property : Fourth Section Committee Citations: 29723/05, [2021] ECHR 15 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 August 2022; Ref: scu.657406
ECHR Judgment : Protection of property : Fifth Section Committee Citations: 19649/20, [2021] ECHR 28 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 August 2022; Ref: scu.657460
ECHR Judgment : Protection of property : First Section Citations: 74515/13, [2021] ECHR 86 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 August 2022; Ref: scu.657401
The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in Chapter III of the Regulation fall within the scope of … Continue reading NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010
ECHR Judgment : Protection of property : First Section Committee Citations: 48382/17, [2021] ECHR 71 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 August 2022; Ref: scu.657411