The appellant sisters, both with substantial learing disabilities appealed against a declaration that the arrangements made for their care by the respondent did not amount to a deprivation of their liberty. In either case, they would only be allowed to leave their residence under escort of a competent adult. Held: The appeals failed. Judges: Mummery, … Continue reading P and Q v Surrey County Council: CA 28 Feb 2011
The prisoner claimants each challenged the way that decisions had been taken which had led to their being held in segregation units. They said the procedures were unfair. Held: The applications were dismissed. Article 3 was not engaged. Judges: Irwin J Citations: [2011] EWHC 286 (Admin) Links: Bailii Statutes: European Convention on Human Rights 6 … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: Admn 18 Feb 2011
The court dismissed the appeal of Mr Virdi from the findings and order of the Solicitors Disciplinary Tribunal finding him guilty of serious professional misconduct and suspending him from practice for a period of 3 years. The solicitor complained of the extent of the involvement of the clerk to the tribunal, an employee of the … Continue reading Virdi v The Law Society: Admn 18 Feb 2009
The claimant, an Iraqi national, had been about to be deported when he was re-arrested for Terrorism offences for which he was acquitted. He was then made subject to a non-derogating control order. He now challenged the renewal of that order, even under less stringent terms. Held: The restrictions imposed fell just within the boundary … Continue reading Secretary of State for the Home Department v AH: Admn 9 May 2008
Citations: 14049/08, [2010] ECHR 1070 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – Equality and Human Rights Commission v Prime Minister and Others Admn 3-Oct-2011 The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only … Continue reading Abdulazhon Isakov v Russia: ECHR 8 Jul 2010
Al Jedda, who had both Iraqi and British nationality, sought damages for unlawful imprisonment by reason of his detention by British forces in a military detention centre in Iraq. Judges: Arden LJ, Sir John Dyson, Elias LJ Citations: [2010] EWCA Civ 758, [2011] 2 WLR 225, [2011] QB 773 Links: Bailii Jurisdiction: England and Wales … Continue reading Al-Jedda v Secretary of State for Defence: CA 8 Jul 2010
The defendant faced trial on allegations of acts in preparation of terrorism. He wanted to say that he had been encouraged by security officers and argued that he English law as to entrapment was incompatible with his human rights, and now sought leave to refer the point of law to the Supreme Court. Citations: [2018] … Continue reading Ali Syed, Regina v: CACD 18 Dec 2018
Citations: [2008] ECHR 41 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Micallef v Malta ECHR 15-Oct-2009 ‘The Court reiterates that for Article 6(1) in its ‘civil’ limb to be applicable, there must be a dispute over a ‘civil right’ which can be said, at least on arguable grounds, to … Continue reading Micallef v Malta: ECHR 15 Jan 2008
The defendant had breached freezing orders and had verified statements put before the court without honestly believing them. He now challenged the subsequent contempt proceedings saying that they were criminal within section 25 of the 1988 Act and hearsay evidence should not have been allowed. Held: The use of section 25 was confined to the … Continue reading Daltel Europe Ltd and others v Makki and others: CA 28 Feb 2006
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a duty to ensure the protection of the rights which that provision vests in individuals, in particular … Continue reading Defrenne v Sabena (No 2): ECJ 8 Apr 1976
(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord Advocate now appealed. Held: The question was a devolution issue, being ‘a question … Continue reading Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017
The Commission considered the admissibility of a complaint that the United Kingdom would violate articles 2, 3, 5, 6 and 8 if it extradited him to the Hong Kong Special Administrative Region. Held: The application was manifestly ill-founded: ‘The Commission considers that it is only in exceptional circumstances that the extradition of a person to … Continue reading Launder v The United Kingdom: ECHR 8 Dec 1997
(First Section) The claimant complaned that he had not been allowed access to a lawyer when being questioned by police when he was not under arrest. He had been stopped driving home from work and his car inspected by the police after reports of workers stealing diesel from their service vehicles. Two cans of diesel … Continue reading Zaichenko v Russia: ECHR 18 Feb 2010
Just satisfaction – friendly settlement Judges: Peer Lorenzen, P Citations: 3545/04, [2010] ECHR 74 Links: Bailii Statutes: European Convention on Human Rights 8 Citing: See Also – Brauer v Germany ECHR 28-May-2009 The applicant was born outside marriage in 1948 in East Germany and claimed a share of the estate of her father, who had … Continue reading Brauer v Germany: ECHR 28 Jan 2010
ECHR Judgment (Just satisfaction) Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings. Citations: [1983] ECHR 2, 7525/76, (1983) 5 EHRR 573 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 50 Jurisdiction: Human Rights Citing: See Also – Dudgeon v The United Kingdom ECHR 22-Oct-1981 ECHR (Plenary Court) Legislation … Continue reading Dudgeon v The United Kingdom: ECHR 24 Feb 1983
ECHR (Plenary Court) Legislation in Northern Ireland that criminalised homosexual behaviour which was lawful in the rest of the UK. Held: There was a violation of article 8, but it was not necessary to determine the complaint under article 14, The court acknowledged the necessity in a democratic society for some degree of control to … Continue reading Dudgeon v The United Kingdom: ECHR 22 Oct 1981
The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law. Held: The claim failed. The legislative objectives were sufficiently serious to support as rational the imposition of the rules. Having a mental illness is not a … Continue reading G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008
The defendants had been tried in cases where the prosecution had employed leading counsel. The defendants had been refused similar representation. They complained that this created an inequality of arms, and an unfair trial under Human Rights law. The question also arose as to the maximum sentence allowable after a re-trial ordered by the Court … Continue reading Regina v Lea (Attorney-General’s Reference No 82 of 2000); Regina v Shatwell: CACD 28 Jan 2002
Judges: Ineta Ziemele, P Citations: 63339/12 – Admissibility Decision, [2014] ECHR 340, 14876/12 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – IR and GT v The United Kingdom (Dec) ECHR 28-Jan-2014 ECHR Article 8 Expulsion Exclusion orders based on undisclosed national security grounds: inadmissible Facts – The case … Continue reading IR and GT v The United Kingdom: ECHR 28 Jan 2014
Article 1 Jurisdiction of states Absence of territorial jurisdiction in respect of immigrant applicant who had voluntarily returned to his country of origin Facts – The applicant, a Pakistani national, came to the United Kingdom in 2006 on a student visa. In 2009 he and four other Pakistani nationals were arrested on suspicion of conspiracy … Continue reading Khan v The United Kingdom (Dec): ECHR 28 Jan 2014
ECHR Article 35-1 – Exhaustion of domestic remedies Effective domestic remedy Claim for compensation before the administrative courts in respect of complaint concerning length of civil proceedings: effective remedy Facts – In his application to the European Court, the applicant complained of the length of domestic civil proceedings to which he had been a party. … Continue reading Treial v Estonia (Dec): ECHR 28 Jan 2014
(Grand Chamber) The applicant came lawfully to Austria when 6. He committed a large number of offences when he was 14 and 15, and had been sentenced to imprisonment. He complained of a later decision to deport him. Held: The court said: ‘ The Court would stress that while the criteria which emerge from its … Continue reading Maslov v Austria: ECHR 23 Jun 2008
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
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
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012
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
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1; Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – claim rejected; Costs and expenses partial award – Convention proceedings‘the right to a court would be illusory if a Contracting State’s domestic legal system allowed a final, binding judicial decision to remain inoperative to … Continue reading Immobiliare Saffi v Italy: ECHR 28 Jul 1999
The court considered the obligations of the prosecution on disclosure. The courts must: ‘keep in mind that those who prepare and conduct prosecutions owe a duty to the courts to ensure that all relevant evidence of help to an accused is either led by them or made available to the defence. We have no reason … Continue reading Regina v Hennessey (Timothy): CACD 1978
(Commission) The claimants had been convicted of terrorist-type offences in Northern Ireland and were serving prisoners in HMP The Maze. They protested at a change of regime imposed in 1976, resulting in them not being permitted association with the rest of the prison community. Prisoners complained at ‘close body’ searches, including anal inspections, which were … Continue reading McFeeley and others v The United Kingdom: ECHR 15 May 1980
The court was asked whether the applicant’s entitlement to a statutory sickness allowance, which was a contributory scheme but for which she had not registered due to illness, was a civil right within the meaning of article 6. Held: The applicant claimed a right ‘flowing from specific rules laid down by the legislation in force’ … Continue reading Feldbrugge v The Netherlands: ECHR 29 May 1986
The applicant complained of his seclusion whilst being detaned at a secure mental hospital. Held: The court referred several questions back to the parties to be answered. Citations: 32913/06, [2008] ECHR 215 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: First case – Regina v Ashworth Special Hospital Trust, ex parte … Continue reading C Munjaz v United Kingdom: ECHR 20 Mar 2008
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
ECJ Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Principles of equality and non-discrimination – Implementation of EU law – Scope of application of EU law – None – Lack of jurisdiction of the Court Judges: A Tizzano Citations: C-483/12, [2014] EUECJ C-483/12 Links: Bailii Jurisdiction: European Human … Continue reading Pelckmans Turnhout v Walter Van Gastel Balen NV: ECJ 8 May 2014
The applicant had been sentenced to ten years’ imprisonment for rape and sexual assault on minors. His name had been placed automatically on a Register of Sexual and Violent Offenders, and had had to confirm his address every year and to give notice of any change of address. This could be done by registered letter … Continue reading Bouchacourt v France: ECHR 17 Dec 2009
The applicant was born outside marriage in 1948 in East Germany and claimed a share of the estate of her father, who had lived in West Germany dying in 1998. A West German statute of 1969 put illegitimate children on a equality with children of a marriage, but excluded children born before 1 July 1949, … Continue reading Brauer v Germany: ECHR 28 May 2009
The applicant complained that, as a mental patient, he was bound to obtain permision before beginning legal proceedings. Citations: 50330/07, [2009] ECHR 806 Links: Bailii Statutes: European Convention on Human Rights, Mental Health Act 1983 139(2) Cited by: See Also – Seal v United Kingdom ECHR 7-Dec-2010 The court considered a procedural filter which prevented … Continue reading Seal v United Kingdom: ECHR 18 May 2009
Grand Chamber – Press Release – The applicant complained of the retention by the police of DNA and fingerprint records – The applicants both complain about the retention of their fingerprints and DNA samples and the fact that they are being used in ongoing criminal investigations. They are also concerned about the possible future uses … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 27 Feb 2008
Having authorised an enquiry under section 447, the Secretary of State presented a winding-up petition of the respondent, an authorised dealer in securities. The company had been obliged to cease trade by its regulatory body. The judge held that the public interest did not require the company to be wound up as it had ceased … Continue reading Re Walter L Jacob Ltd: CA 1989
(Grand Chamber) The applicant had been taken into custody before he was interrogated during his detention by police officers of the anti-terrorism branch of the Izmir Security Directorate. Held: There had been a violation of art 6(3)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, in conjunction with art 6(1), because … Continue reading Salduz v Turkey: ECHR 27 Nov 2008
A party who was in contempt of court should not be debarred from continuing to take a proper part in a court action unless that contempt was serious enough seriously to interfere with the fair conduct of the trial. ‘The courts need powers of punishment with which to enforce their orders. The ones they have … Continue reading In Re Swaptronics Ltd: ChD 24 Jul 1998
The Court was asked as to the questioning of a child when the child had gone to the police station with his father, as requested by the police, and was thereafter arrested. The applicant complained, in particular, about the fairness of criminal proceedings at the pre-trial stage and before the domestic courts. Held: ‘the concept … Continue reading Panovits v Cyprus: ECHR 11 Dec 2008
Citations: 23883/06, [2008] ECHR 1710 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Khurshid Mustafa And Tarzibachi v Sweden ECHR 8-Jun-2011 The Strasbourg court considered a claim by applicants who had been evicted by a court order at the suit of their landlords, who had determined their … Continue reading Khurshid Mustafa And Tarzibachi v Sweden: ECHR 16 Dec 2008
Admissibility – The applicant’s claim for asylum had failed, and he challeged the decision to return him to Greece, the point of entry to the EU, saying that he would be at risk if so returned. Held: The United Kingdom would not breach its obligations under Article 3 of the Convention by removing the applicant … Continue reading KRS v The United Kingdom: ECHR 2 Dec 2008
The Hungarian Civil Liberties Union sought access to details of a legal challenge filed by a Hungarian parliamentarian in the Hungarian Constitutional Court concerning the constitutionality of legislative amendments to the Hungarian Criminal Code. The Union contended that the refusal of the Constitutional Court to grant it access to the documents was a violation of … Continue reading Tarsasag A Szabadsagjogokert v Hungary: ECHR 13 Nov 2008
The circumstances that lead to a defendant losing his entitlement to a defendant’s costs order if he is successful in his defence are narrow, to reflect the need to respect the presumption of innocence at common law and under Article 6 of the European Convention on Human Rights Citations: [2009] EWHC 689 (Admin) Links: Bailii … Continue reading Emohare v Thames Magistrates Court: Admn 12 Mar 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 appellant complained that a part of his confidential diaries had been republished without his consent by the defendant newspaper group. The defendant appealed, saying that the publication was fair dealing. Held: The exceptions within the Copyright Act were not sufficient to obviate entirely potential conflicts with the rights of freedom of expression under the … Continue reading Ashdown v Telegraph Group Ltd: CA 18 Jul 2001
The right to respect for private life was held to ‘comprise also, to a certain degree, the right to establish and develop relationships with other human beings’. Citations: 6825/74, [1976] ECHR 7, (1976) 5 DR 86 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: England and Wales Cited by: Cited – Wright and Others, … Continue reading X v Iceland: ECHR 18 May 1976
The complainant said that the system under which he had been declared unfit to be involved in the management of an insurance company was unfair. Citations: 28530/95, [1998] ECHR 117, (1998) 25 EHRR CD88, 25 EHRR CD88 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Wright and Others, … Continue reading X v United Kingdom: ECHR 19 Jan 1998
‘The action arises out of the rules relating to immigration in the United Kingdom, and raises sharply the question of whether the provisions of the European Convention of Human Rights are directly enforceable in the Scottish Courts.’ Judges: Lord Ross Citations: [1980] ScotCS CSOH – 5, [1980] 3 CMLR 79, 1980 SC 319, 1981 SLT … Continue reading Kaur v Lord Advocate: SCS 6 Jun 1980
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
The court noted that it had accepted appeals by 342 Tamils against being returned to Sri Lanka from the UK for fear of ill-treatment or persecution since 2007. It did so again. Judges: L Garlicki, President and Judges Sir Nicolas Bratza, G. Bonello, L. Mijovic, J. Sikuta, P. Hirvela and L. Bianku Citations: [2008] ECHR … Continue reading NA v The United Kingdom: ECHR 17 Jul 2008
Citations: 34848/07, [2008] ECHR 1574 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – O’Donoghue and Others v United Kingdom ECHR 14-Dec-2010 . .See Also – O’Donoghue and Others v United Kingdom ECHR 2-Dec-2011 Execution of the judgments of the European Court of Human Rights . . Lists … Continue reading O’Donoghue and Others v United Kingdom: ECHR 17 Nov 2008
The applicant alleged that he had been denied access to court due to the lack of legal aid. Citations: 12846/05, [2008] ECHR 1604 Links: Bailii Statutes: European Convention on Human Rights Human Rights, Legal Aid Updated: 21 July 2022; Ref: scu.278498
The applicant complained of the state’s failure to comply with a court order for payment of his pension. Citations: 20111/03, [2008] ECHR 1584 Links: Bailii Statutes: European Convention on Human Rights Human Rights, Financial Services Updated: 21 July 2022; Ref: scu.278497
The Court emphasised the duty of the press to impart information and ideas on matters of public interest, but noted that: ‘a fundamental distinction needs to be made between reporting facts – even if controversial – capable of contributing to a debate in a democratic society and making tawdry allegations about an individual’s private life’; … Continue reading Armonas v Lithuania: ECHR 25 Nov 2008
An application for an anti-social behaviour order against an individual was a civil, not a criminal proceeding. The standard of evidence required was on the balance of probability; the civil standard. Such proceedings were not subject to the additional protection of the human rights convention. Necessarily, the circumstances from which protection was sought were ones … Continue reading Regina v Manchester Crown Court, ex parte McCann and others: QBD 22 Nov 2000
The Court found interference in the applicant’s right to respect of his private life in that the police prepared and submitted to a domestic court an inaccurate report in the context of criminal proceedings against him. Citations: 22427/04, [2008] ECHR 1458 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: Human Rights Cited by: … Continue reading Cemalettin Canli v Turkey: ECHR 18 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
The court was aksed, where a claim for damages for libel and slander is dismissed because the sting of the defamation is defeated by the defence of justification, can the same remarks nonetheless found a claim for breach of the claimant’s Article 8 right to respect for his privacy and reputation? Judges: Ward, Sedley, Longmore … Continue reading H v Tomlinson: CA 13 Nov 2008
The deceased bankrupt’s Autralian trustees sought disclosure of documents recording his dealings in the UK. Third party Swiss lawyers now sought to intervene to say that such disclosure would breach the confidence of many of their clients. Redactions were agreed, and the court now looked to the costs. Held: The interveners’ human rights had been … Continue reading Warner v Verfides: ChD 29 Oct 2008
Citations: 37341/06, [2008] ECHR 1193, [2011] HLR 13 Links: Bailii Statutes: European Convention on Human Rights Citing: Welcomed – Doherty and others v Birmingham City Council HL 30-Jul-2008 The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been … Continue reading Kay And Others v United Kingdom: ECHR 17 Oct 2008
The local authority sought to terminate parental contact with a child taken into care under a wardship. Held: The court had to consider the human rights of the parent as against the welfare interest of the child. Lord Oliver of Aylmerton said: ‘My Lords I do not, for my part, discern any conflict between the … Continue reading In Re KD (A Minor) (Ward: Termination of Access): HL 1988
(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
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
The claimants complained at the procedure used to free their child for adoption against their wishes. Citations: 35348/06, [2008] ECHR 969 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – R And H v The United Kingdom ECHR 31-May-2011 The court considered arrangements for an adoption in Northern … Continue reading R and H v The United Kingdom: ECHR 23 Sep 2008
ECHR a) The fact that a domestic court of appeal is competent to examine proprio motu grounds amounting to a notation of the Convention does not absolve the applicant from the obligation of raising the complaint before the court himself.b) An applicant who claims that his right to a fair trial has not been respected … Continue reading Braithwaite v United Kingdom: ECHR 18 Apr 1991
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
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
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
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
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
(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 (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
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
(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
AIT 1. Neither Boultif v Switzerland [2001] 33 EHRR 50 nor Amrollahi v Denmark (11 July 2002, BAILII: [2002] ECHR 585) is authority for the proposition that the burden of proof lies on the respondent to show that it is reasonable to expect an applicant’s family to accompany him to his own country of origin … Continue reading SA (Article 8, Burden of Proof) Algeria: IAT 18 Jun 2008
The claimants said that the the laws restricting residence and voting rights and oher constitutional arrangements on the Isle of Sark were in breach of European law, and human rights law. Held: The claims failed. The composition of Chief Pleas under the Reform Law are not inconsistent with the rights conferred by Article 3, nor … Continue reading Barclay and Others, Regina (on the Application of) v The Seigneur of Sark and Another: Admn 18 Jun 2008
The appellant, who is aged 38, appeals with the leave of this court against the decision of the Asylum and Immigration Tribunal rejecting his Article 8 claims on a redetermined appeal. Judges: Pill, Scott Baker, Richards LJJ Citations: [2008] EWCA Civ 753 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales … Continue reading RU (Sri Lanka) v Secretary of State for the Home Department: CA 2 Jul 2008
The claimant sought to challenge the decision by respondent not to offer a referendum before acceding to the Treaty of Lisbon. The claimant’s case was that the Government’s promise to hold a referendum in relation to the European Union Constitutional Treaty gave rise to a legitimate expectation that a referendum would be held in relation … Continue reading Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another: Admn 25 Jun 2008
The court set the questions to be answered later in response to the complaint as to the use of stop and search powers by the British police. Citations: 4158/05, [2008] ECHR 521 Links: Bailii Statutes: European Convention on Human Rights 5 8 10, Terrorism Act 2000 44 Jurisdiction: Human Rights Citing: At First Instance – … Continue reading Gillan and Quinton v The United Kingdom: ECHR 10 Jun 2008
The court considered whether the reverse burden of proof in a statute creating offences is compatible with the presumption of innocence enshrined in Article 6(2) of the ECHR. The judge had ruled against a submission that section 40 was not compatible with the presumption of innocence in article 6(1) unless the section was read down … Continue reading Davies v Health and Safety Executive: CACD 18 Dec 2002
Where a children case involving a challenge to a care plan or the placement of children in care would raise issues under the Human Rights legislation, the case should normally be heard before a High Court judge of the Family Division. If possible it should be listed before a judge with experience also of administrative … Continue reading C and Another v Bury Metropolitan Borough Council: FD 18 Jul 2002
Collin J considered the relation between the withholding of bail and human rights law saying: ‘The approach under the Bail Act is entirely consistent with the approach of the European Court as regarded proper under Article 5, namely there must be a grant of bail unless there are good reasons to refuse. The approach therefore … Continue reading Regina (on application of Thompson) v Central Criminal Court: Admn 6 Oct 2005
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
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
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
The applicants are employees of or volunteers for Greenpeace. They boarded a cargo ship, preventing it continuing its voyage to harbour. They did so because they believed the cargo contained unlicensed animal feed and thus the importation was in breach of domestic criminal law. They were arrested the following day and tried for an offence … Continue reading Ayliffe And Others v United Kingdom: ECHR 6 May 2008
Citations: 6684/05, [2008] ECHR 261 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Mckeown v The United Kingdom ECHR 11-Jan-2011 The applicant alleged that his trial for terrorism related offences was unfair because of the way the courts in Northern Ireland had approached the question of non-disclosure of prosecution papers … Continue reading McKeown v The United Kingdom: ECHR 1 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
The applicants alleged that the first applicant’s expulsion from Bulgaria amounted to unjustified interference with their right to respect for their family life, enshrined in Article 8 of the Convention.‘The Court is naturally mindful of the fact that in the particular context of measures concerning national security, the requirement of foreseeability cannot be the same … Continue reading CG And Others v Bulgaria: ECHR 24 Apr 2008
Citations: 27980/02, [2008] ECHR 272 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 July 2022; Ref: scu.267277
‘The requirements of Articles 2 and 3 go beyond the stage of the official investigation, where this has led to the institution of proceedings in the national courts: the proceedings as a whole, including the trial stage, must satisfy the requirements of the positive obligation to protect lives through the law and the prohibition of … Continue reading Ali And Ayse Duran v Turkey: ECHR 8 Apr 2008
The Commission renewed its application for a review of a decision on their request for judicial assistance in obtaining evidence from the firm. The firm had produced confidential documents to the court, and not disclosed to the Commission. Held: The decision of the defendant court was based on an unsound appraisal of the law, and … Continue reading Hafner and Hochstrasser (A Firm), Regina (on the Application of) v Australian Securities and Investments Commission: Admn 5 Mar 2008
The prisoner complained of the power given to the defendant to block the early release of prisoners sentenced between certain dates for serious offences, saying that such a decision was for the courts only. Held: The provision was incompatible with the claimant’s human rights. Judges: Lord Justice May, Lord Justice Latham and Lord Justice Moore-Bick … Continue reading Black, Regina (on the Application of) v Secretary of State for Justice: CA 15 Apr 2008
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
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
Detention for a few hours following arrest for wilful obstruction of the highway and then a fine was proportionate: ‘An analysis of the Court’s case-law . . reveals that the Contracting States’ discretion in punishing illegal conduct intertwined with expression or association, although wide, is not unlimited. It goes hand in hand with European supervision … Continue reading Lucas v The United Kingdom: ECHR 18 Mar 2003
