Judges: King J Citations: [2017] EWHC 65 (QB), [2017] WLR(D) 74, [2017] 1 WLR 2127, (2017) 20 CCL Rep 5 Links: Bailii Statutes: Human Rights Act 1998 7(1)(g) Jurisdiction: England and Wales Human Rights, Limitation Updated: 14 November 2022; Ref: scu.573378
ECHR Article 10-1Freedom to impart informationCriminal conviction for making public irregular telephone tapping procedures: violationFacts – The first applicant worked in the telephone communications surveillance and recording department of a military unit of the Romanian Intelligence Service (RIS). In the course of his work he came across a number of irregularities. In addition, the telephones … Continue reading Bucur And Toma v Romania: ECHR 8 Jan 2013
ECHR Article 8-1 Respect for family life Authorities’ failure to ensure legal representation of mentally disabled applicant in proceedings divesting her of parental rights and to inform her of adoption proceedings in respect of her son: violation Facts – The first applicant is the mother of the second applicant L., who was born in 2008. … Continue reading AK and L v Croatia: ECHR 8 Jan 2013
The applicant said that his proposed deportation to Ethiopia would infringe his article 3 rights, and in particular whether SIAC was entitled to conclude that assurances given by the Ethiopian Government were a satisfactory safeguard, even though not all the arrangements for monitoring fulfilment of those assurances were in place. Judges: Jackson, Elias, Treacy LJJ … Continue reading J1 v Secretary of State for The Home Department: CA 27 Mar 2013
The appellant sought the deportation of the respondent to his home country of Jordan to face trial on terrorism related charges. The respondent said that evidence against him would have been obtained by torture, and challenged re-assurances accepted by the respondent as to the conduct of the trial. He said there was a real risk … Continue reading Othman (Aka Abu Qatada) v Secretary of State for The Home Department: CA 27 Mar 2013
The claimants sought damages for the actions of undercover police officers engaging in sexual activity as part of the investigation. The court now considered the role of the Investigatory Powers Tribunal in dealing with such claims. Held: Such activity fell within ‘personal or other relationship with a person’ for the purposes of section 26(8) of … Continue reading AKJ and Others v Commissioner of Police for The Metroplis and Others: QBD 17 Jan 2013
Citations: 3084/07 – HEJUD, [2012] ECHR 1707 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Falter Zeitschriften Gmbh v Austria (No 2) (2044) ECHR 18-Sep-2012 ECHR Article 10-1 Freedom of expression Publication of untrue statements concerning alleged judicial bias: no violation Facts – In May 2005 a … Continue reading Falter Zeitschriften Gmbh v Austria (No 2) (1707): ECHR 18 Sep 2012
The defendants appealed grant of an interim injunction to enforce restrictive employment covenants. The second defendant had sold his interest in the claimant company in 2001, but after his consultancy ended, he set up another business, the third defendant. The first defendant had worked for the claimant, but left o work in the third defendant … Continue reading EE and Brian Smith (1928) Ltd v Hodson and others: CA 23 Nov 2007
Whether a detained mental patient could be obliged to receive treatment in the form of antipsychotic medication without his consent. Judges: Collins J Citations: [2005] EWHC 1668 (Admin) Links: Bailii Statutes: Mental Health Act 1983 63 58(1) Jurisdiction: England and Wales Citing: Cited – Regina (B) v Haddock Admn 20-May-2005 Judicial review of continued detention … Continue reading Taylor, Regina (on the Application of) v Haydn-Smith and Another: Admn 27 May 2005
Gilliatt Parents wanted their high end autistic child to be educated according to the Lovaas principle at home with a phased introduction into mainstream school. The local education authority proposed that the child should be educated at a specialist centre based in a school. The court held that under s 319 of the Education Act … Continue reading T v Special Educational Needs Tribunal and Another: Admn 18 Jul 2002
Statements made under compulsion could be used in disqualification proceedings at discretion of the Secretary of State. Citations: Gazette 01-Apr-1998, Times 10-Feb-1998, Gazette 11-Mar-1998 Statutes: Company Directors Disqualification Act 1985 Jurisdiction: England and Wales Cited by: Cited – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at … Continue reading Regina v Secretary of State for Trade and Industry Ex Parte McCormick: CA 10 Feb 1998
A Discretionary lifer is not entitled to a review by a court of his continued detention. His article five rights were not breached. Where a national court imposed a fixed sentence of imprisonment, the supervision required by article 5.4 was incorporated into that judgment. The court held that the mandatory life sentence belonged to a … Continue reading Wynne v United Kingdom: ECHR 18 Jul 1994
Maurice Kay VP began: ‘It is well-known that asylum applications, even when made promptly on arrival in this country, can take months or even years before final determination through the decision-making and appellate process. This causes familiar problems. Applicants require support and accommodation for substantial periods of time. When the time is particularly prolonged, features … Continue reading Negassi and Another, Regina (on The Application of) v Secretary of State for The Home Department: CA 7 Mar 2013
The prisoners appealed saying that the whole life terms set on the imposition of a life sentence for murder were a breach of their human rights. Held: The continued detention of three defendants who had been made subject to a whole life tariff did not violate Article 3 because the ‘requirements of punishment and deterrence … Continue reading Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012
UTIAC 1. In cases to which the new Immigration Rules introduced as from 9 July 2012 by HC 194 apply, judges should proceed by first considering whether a claimant is able to benefit under the applicable provisions of the Immigration Rules designed to address Article 8 claims. Where the claimant does not meet the requirements … Continue reading Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013
The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020
(Grand Chamber) The applicant was a practising Jehovah’s Witness and a conscientious objector. He said that his conviction for refusing to serve in the army had violated his right to freedom of thought, conscience and religion. That complaint had been rejected. Held: (Gyulumyan dissenting) There had been a violation of the applicant’s article 9 rights. … Continue reading Bayatyan v Armenia: ECHR 7 Jul 2011
(Grand Chamber) The applicant, a prisoner serving a long sentence for Mafia-type criminal offences, was subjected to a special regime by ministerial decrees. The restrictions included not only very limited family visits but also a long period (seemingly about three years) in a special form of high-security unit which involved separation from prisoners in other … Continue reading Enea v Italy: ECHR 17 Sep 2009
ECHR Article 5 Article 5-4 Review of lawfulness of detention Supreme Court decision declaring appeal inadmissible but nevertheless addressing the merits: inadmissible Article 5-1-e Persons of unsound mind Court order for admission to psychiatric hospital for observation owing to concerns about applicant’s mental state: inadmissible Facts – In July 2006 a public prosecutor submitted a … Continue reading SR v The Netherlands (Dec): ECHR 18 Sep 2012
ECHR Article 10-1 Freedom of expression Publication of untrue statements concerning alleged judicial bias: no violation Facts – In May 2005 a certain HP was acquitted in criminal proceedings of the attempted rape of an asylum-seeker. The applicant company published an article which was highly critical of those proceedings, in particular on account of the … Continue reading Falter Zeitschriften Gmbh v Austria (No 2) (2044): ECHR 18 Sep 2012
ECHR Article 35-3 Ratione materiae Complaint relating to implementation of previous European Court judgment and raising no new facts: inadmissible Facts – In a judgment of 21 December 2000,* the Court found that the applicant in the present case had been ill-treated contrary to Article 3, and that there had been a breach of Article … Continue reading Egmez v Cyprus (Dec): ECHR 18 Sep 2012
The claimants challenged the terms of restrictions placed upon them under the Act. Judges: Sullivan J Citations: [2006] EWHC 1623 (Admin) Links: Bailii Statutes: Prevention of Terroism Act 2005 Jurisdiction: England and Wales Citing: Cited – MB, Re, Secretary of State for the Home Department v MB Admn 12-Apr-2006 The applicant challenged the terms of … Continue reading Secretary of State for the Home Department v JJ and others: Admn 28 Jun 2006
Citations: [1997] EWCA Civ 2865, [1998] PIQR P387 Jurisdiction: England and Wales Cited by: Cited – Matthews v Ministry of Defence HL 13-Feb-2003 The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act. Held: Human … Continue reading Quinn v Ministry of Defence: CA 28 Nov 1997
Judges: Lord Justice Dingemans Citations: [2020] EWHC 689 (Admin), [2020] WLR(D) 189 Links: Bailii, WLRD Statutes: Communications Act 2003 Jurisdiction: England and Wales Media, Human Rights Updated: 11 November 2022; Ref: scu.649796
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
Citations: [2007] EWCA Civ 297, [2007] Imm AR 584, (2007) 151 SJLB 469 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – AH (Scope of S103A Reconsideration) Sudan IAT 19-Apr-2006 Mr Ockelton: ‘If (despite some material error of law) an issue or matter has been properly and satisfactorily dealt with in the first decision, … Continue reading AH (Sudan) and Others v Secretary of State for the Home Department: CA 4 Apr 2007
The court granted an appeal in care proceedings, but examined the relationship between the court and local authorities. There had been a late change in the proposed care plan and an application by grandparents to be made party. Some in the authority, and the guardian, wanted a stranger adoption, but the authority and the family … Continue reading Cheshire County Council and others v DS (Father) and others: CA 15 Mar 2007
Family life arises ipso jure as between father and child where the child was conceived in wedlock. Divorce and separation do not bring family life between the child and the absent parent to an end, even if the divorce leads to a significant period of loss of contact Citations: [1988] ECHR 14, 10730/84, [1988] ECHR … Continue reading Berrehab v The Netherlands: ECHR 21 Jun 1988
The defendant appealed against an anti-social behaviour order. He had been a journalist, and began a private newsletter and campaign alleging amongst other things corruption in the police. He complained that his article 10 rights had been infringed. Held: The order was quashed. Pitchford LJ said: ‘that separate issues arise out of these blogs. In … Continue reading Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012
UTIAC Prior to the new immigration rules (HC 194) introduced on 9 July 2012, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights.The … Continue reading MF (Article 8 – New Rules) Nigeria: UTIAC 31 Oct 2012
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012
An order for a journalist to disclose the name of an employee disclosing his employer’s information, may be made where there was a need to identify a disloyal employee. Here drafts of accounts had been released to embarrass the company. The documents involved were stolen, and a return of them would enable identification of the … Continue reading Camelot Group plc v Centaur Communications Limited: CA 23 Oct 1997
A building was erected without planning permission. The local planning authority chose not to serve an enforcement notice but rather had invited an application for retrospective planning permission. Held: The fact that a building has already been constructed before planning permission is sought might lawfully be regarded as a consideration in favour of a permission … Continue reading Regina v Leominster District Council ex parte Pothecary: CA 28 Oct 1997
Various parties challenged the granting and withholding of licenses to operate as door supervisors (bouncers). The SIA regulated the grant of licences, and published criteria for their grant. It had been said that the inclusing of very minor offences in the category of offences requiring refusal of a licence, was unreasonable if a court did … Continue reading Security Industry Authority v Stewart and Sansara: Admn 17 Oct 2007
A residence order can not be accompanied by an order as to where a parent with care must live in the UK or with whom. An appeal may well arise in which a disappointed applicant will contend that section 13(1)(b) of the Children Act 1989 imposes a disproportionate restriction on a parent’s right to determine … Continue reading In re E (Minors) (Residence Orders: Imposition of Conditions): CA 30 Apr 1997
(1) It has long been a requirement, found in the case law of the European Court of Human Rights (‘ECtHR’), for the government of a signatory state to dispel any doubts regarding a person’s claim to be at real risk of Article 3 harm, if that person adduces evidence capable of proving that there are … Continue reading HKK (Article 3: Burden/Standard of Proof): UTIAC 22 Oct 2018
Citations: 2899/66, [1972] ECHR 1, 2832/66, 2835/66 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – In re De Wilde, Ooms and Versyp v Belgium (No 1) ECHR 18-Nov-1970 The applicants had been detained under Belgian vagrancy laws. An earlier decision had found that their rights had been infringed because of the … Continue reading Cases Of De Wilde, Ooms And Versyp (‘Vagrancy’) v Belgium (Article 50): ECHR 10 Mar 1972
The claimant sought damages, alleging false imprisonment and breach of article 5 of the European Convention on Human Rights. The defendant conceded that the detention had been unlawful because officers had wrongly applied a presumption that an asylum seeker who arrived clandestinely should be detained, but disputed that other grounds on which the claimant alleged … Continue reading AAM (A Child) v Secretary of State for The Home Department: QBD 27 Sep 2012
The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was said to have accused another of asking her to lie for him. It was said that … Continue reading HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007
Attempts were being made by the Federal Government of Nigeria to recover moneys alleged to have been taken fraudulently from the state. They sought assistance from the UK, and the claimants sought details of that request. The statute provided that assistance should be confidential. The claimants asserted that since the fact of the request had … Continue reading Abacha, Bagudu v The Secretary of State for the Home Department, The Federal Republic of Nigeria Interested Party: Admn 18 Oct 2001
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault. Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various … Continue reading Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997
Judgment (Merits and Just Satisfaction) : Court (Third Section) Citations: 7318/09, [2017] ECHR 61 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.573637
Judgment (Merits and Just Satisfaction) : Court (First Section Committee) Citations: 63584/10, [2016] ECHR 275 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.561391
(Statement of Facts) To resist an extradition application to America to stand trial on various federal charges, the appellants claimed that if they were extradited there was a real prospect that they would be made subject to a determination by the President that would have the effect that they be detained indefinitely and/or that they … Continue reading Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007
Dyson LJ said: ‘The position is quite clear. So far as Article 6 is concerned, the fairness of the provisions of the substantive law of the Contracting States is not a matter for investigation. The content and interpretation of domestic substantive law is not engaged by Article 6.’ Judges: Dyson LJ Citations: [2002] EWCA Crim … Continue reading Regina v Gemmell: CACD 17 Jul 2002
The appellate sought judicial review to challenge an order for his return to Albania. He said that he would be subject to persecution from communist sympathizers, and his life was at risk for a blood feud. Adjudicators had variously accepted and rejected both claims, but concluded that he could avail himself of internal flight. He … Continue reading Hari Dhima v Immigration Appeal Tribunal: Admn 8 Feb 2002
The Court considered a dependency claim by a person who had cohabited with the deceased for 6 months prior to death. The claim was for a declaration of incompatibility in relation to the 2 year + cohabitee provision in s.1 of the FAA which, the claimant said, discriminated against her and violated her rights under … Continue reading Swift v Secretary of State for Justice: QBD 18 Jul 2012
In care proceedings, there had been protracted fact finding hearings. The judge had given a preliminary report as to her conclusions, but received a communication from counsel for the father requesting her to re-address certain aspects. She later delivered a judgment which differed substantially. The parties complained that the judge had not explained the change … Continue reading In re L and B (Children): CA 18 Jul 2012
Citations: 40245/10 (Judgment (Merits and Just Satisfaction)), [2012] ECHR 1109 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.462071
SIAC (Deportation – Bail Application – Refused) The applicant was held in immigration detention pending a proposed deportation to his native Jordan to face retrial on terrorist charges. Having resisted his deportation at the Eropean Court of Human Rights, he now applied for bail. Held: The request for bail was rejected. Judges: Mitting J Citations: … Continue reading Othman v Secretary of State for The Home Department: SIAC 28 May 2012
At the time when her asylum application was heard, there was also outstanding an application for contact with her children. The applicant said that to decide to order her removal before that decision would violate her article 8 rights. The respondent argued that it had undertaken not to give any removal directions before that hearing. … Continue reading MS (Ivory Coast) v Secretary of State for the Home Department: CA 22 Feb 2007
The complainants were companies fined for late delivery of their accounts. They said that the automatic imposition of the fines infringed their rights. Held: The procedure allowed a challenge in the County Court, and also the manner of the exercise of the registrar’s discretion allowed application for judicial review in appropriate circumstances. The procedure did … Continue reading Regina (POW Trust and Al’s Bar and Restaurant Limited) v The Chief Executive and Registrar of Companies, The Secretary of State for Trade and Industry: Admn 18 Dec 2002
When someone objected to a public footpath order, the council has a discretion as to whether the case should be referred to the Secretary of State. In the absence of an obligation, the judicial review of the council’s decision not to make such a reference failed. The existence of the discretion was not inconsistent with … Continue reading Regina (Hargrave and Another) v Stroud District Council: Admn 7 Dec 2001
ECJ Directive 2000/78/EC – Equal treatment in employment and occupation – Difference of treatment on grounds of age – Charter of Fundamental Rights of the European Union – General principles of European Union law – Collective agreement – Failure to take into account, for the grading on the salary scale of cabin crew members of … Continue reading Tyrolean Airways Tiroler Luftfahrt Gesellschaft v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH,: ECJ 7 Jun 2012
The applicant complained that his request for his chosen representative to be designated official defence counsel had been refused. Held: The interests of justice did not require that the applicant’s chosen counsel be appointed official defence counsel. The application was declared inadmissible. The applicant was still represented by the same counsel whom he wished to … Continue reading Dzankovic v Germany: ECHR 8 Dec 2009
The claimants appealed a refusal of their request for a judicial review of a decision of the respondent to designate their land as being of special scientific interest because of the need to protect the stone curlew. Held: The defendant’s policy toward the land had changed in 2000. It was a decision of a specialist … Continue reading Regina on the Application of Fisher v English Nature: CA 27 May 2004
There is an ‘administrative, financial and indeed social burden borne as a result of failed asylum seekers’. Judges: The Honourable Mr Justice Stanley Burnton The Honourable Justice Burton < Citations: [2002] EWHC 1989 (Admin), [2003] ACD 15 Links: Bailii Statutes: Immigration Act 1971 1 2 Jurisdiction: England and Wales Cited by: Appeal from – European … Continue reading European Roma Rights Centre and 6 others v Tthe Immigration Officer at Prague Airport, The Secretary of State for the Home Department: Admn 8 Oct 2002
The court was asked to order a public enquiry into an attempted suicide in prison. Waller LJ was anxious about the task of defining suicide and near suicide: ‘I am clear that the simple fact of a death or serious injury of a person in custody gives rise to an obligation on the State to … Continue reading JL, Regina (on the Application of) v Secretary of State for the Home Department: CA 24 Jul 2007
Even where ‘jurisdictional organs of professional associations’ are set up: ‘Nonetheless, in such circumstances the Convention calls at least for one of the two following systems: either the jurisdictional organs themselves comply with the requirements of article 6(1), or they do not so comply but are subject to subsequent control by a judicial body which … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 18 Oct 1982
ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention and domestic proceedings. Citations: 19830/03, [2005] ECHR 824 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 31 October 2022; Ref: scu.236827
The complainant has requested information about the application of the Public Sector Equality Duty to university enterprise departments. The Equality and Human Rights Commission denied holding information within the scope of the request. The Commissioner’s decision is that EHRC does not hold information falling within the scope of the request and, as it informed the … Continue reading Equality and Human Rights Commission (Other): ICO 7 Jul 2021
The claimant’s son had died of hyperthermia whilst serving in the army in Iraq. The parties requested a new inquisition after the coroner had rules that human rights law did not apply to servicemen serving outside Europe. Reports had been prepared but were not disclosed to the coroner until the last day of the inquest … Continue reading Smith v The Assistant Deputy Coroner for Oxfordshire: Admn 11 Apr 2008
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004
Judgment on issues of meaning and whether defamatory.As to the Chase levels of meaning: ‘They come from the decision of Brooke LJ in Chase v News Group Newspapers Ltd [2003] EMLR 11 [45] in which he identified three types of defamatory allegation: broadly, (1) the claimant is guilty of the act; (2) reasonable grounds to … Continue reading Brown v Bower and Another: QBD 31 Oct 2017
Section allowing admission of documentary evidence was not a breach of requirements of European Convention on Human Rights. Reading of statements allowed where witness in fear. Judge given sufficient balancing discretion to follow convention Citations: Times 24-Jul-1998 Statutes: Criminal Justice Act 1988 23 24 825 26 Jurisdiction: England and Wales Human Rights Updated: 25 October … Continue reading Regina v Thomas, Regina v Flannagan: CACD 24 Jul 1998
Execution of the judgment of the European Court of Human Rights Citations: [2011] ECHR 1644, 35968/97 Links: Bailii Jurisdiction: Human Rights Citing: See Also – Van Kuck v Germany ECHR 12-Jun-2003 Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 8 ; No separate issue under Art. 14 ; Non-pecuniary … Continue reading Van Kuck v Germany: ECHR 8 Aug 2011
Grand Chamber Judgment. The applicants alleged that the fact that the ‘civil unions’ introduced by the respondent were designed only for couples composed of different-sex adults had infringed their right to respect for their private and family life and amounted to unjustified discrimination between different-sex and same-sex couples, to the detriment of the latter. Held: … Continue reading Vallianatos and Others v Greece: ECHR 7 Nov 2013
ECJ National administrative procedure – Purely internal situation – Administrative acts – Obligation to state reasons – Whether it is possible for failure to state reasons to be remedied during legal proceedings against an administrative act – Interpretation of the second paragraph of Article 296 TFEU and Article 41(2)(c) of the Charter of Fundamental Rights … Continue reading Giuseppa Romeo v Regione Siciliana: ECJ 7 Nov 2013
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
Exemption from IHT for gifts to political parties – section 24 Inheritance Tax Act 1984 – whether breach of European Convention on Human Rights – whether breach of European Union law Citations: [2018] UKFTT 617 (TC), [2019] SFTD 304, [2019] STI 214 Links: Bailii Jurisdiction: England and Wales Inheritance Tax, Human Rights Updated: 24 October … Continue reading Banks v Revenue and Customs (Inheritance Tax : Human Rights): FTTTx 15 Oct 2018
The applicant alleged, in particular, that the ne bis in idem (double jeopardy) principle had been violated in his case. Judges: Guido Raimondi, P Citations: 17039/13 – Chamber Judgment, [2015] ECHR 88 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights, Criminal Practice Updated: 24 October 2022; Ref: scu.541937
The court was asked whether statutory changes made to the ability of acquitted defendants in the Crown Court to recover their costs from central funds are compatible with the European Convention of Human Rights. Held: The inability of acquitted defendants in the Crown Court to recover (a) any of their privately incurred costs after 1 … Continue reading Henderson, Regina (on The Application of) v Secretary of State for Justice: Admn 27 Jan 2015
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008
(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
In each case the appellant had been convicted of particularly serious murders and had been given whole life terms. They now appealed saying that such sentences were incompatible with their human rights after the ruling of the ECHR Grand Chamber in Vinter v UK. Held: The appeals failed. Judges: Lord Thomas of Cwmgiedd, LCJ; Sir … Continue reading Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014
The applicant had been refused leave to remain as a Tier 2 (General) Migrant at a time even though he was only two months short of the five years’ continuous residence necessary to support a case for indefinite leave to remain under the rules. He argued that, in assessing whether his removal should be permitted … Continue reading Miah and Others v Secretary of State for The Home Department: CA 7 Mar 2012
The applicant had been subject to company director disqualification proceedings. Eventually he gave an undertaking not to act as a company director, but then succeeded at the ECHR in a complaint of delay. He now sought release from his undertaking in the light of the ECHR judgment. Held: The appeal was dismissed. The decision of … Continue reading Eastaway v Secretary of State for Trade and Industry: CA 10 May 2007
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986
AGGREGATES LEVY – preliminary issue – rock extracted from opencast gold mine – whether rock exempt from aggregates levy as consisting of ‘shale or slate’ – section 17(4) Finance Act 2001- expert evidence – penalty – whether assessment and penalty a ‘criminal charge’ within Article 6 European Convention on Human Rights Citations: [2018] UKFTT 697 … Continue reading Omagh Minerals Ltd v Revenue and Customs (Aggregates Levy): FTTTx 31 Oct 2018
The employee was a transsexual, awaiting completion of surgical transformation to a woman. The employer said she could not use the female toilet facilities, but was offered use of the unisex disabled facilities. Held: The 1975 Act provides for a category of persons who are not to be discriminated against. By virtue of the definition … Continue reading Croft v Royal Mail Group Plc (formerly Consignia Group plc): CA 18 Jul 2003
IPO This was a somewhat unusual restoration case in that it centres around the time periods in which to file a legitimate application for restoration of a patent rather than the facts and circumstances surrounding the failure to pay the renewal fees. The renewal fees in respect of the fifth year of this patent fell … Continue reading Gradco (Japan) Ltd and Krdc Co Ltd (Patent): IPO 10 Nov 2008
IPO Having regard to the above provisions the examiner held that the comptroller was not generally obliged to supply certified translations of non-English language documents cited during search and examination of an application under the 1977 Act. He did not accept that failure to do this was a breach of human rights or natural justice, … Continue reading Inventech UK Limited (Patent): IPO 30 Oct 2008
Article 6, paragraph 3, fitt . c) of the Convention : First instance proceedings. This provision guarantees that proceedings against the accused will nor take place without adequate representation for the defence, but does not give the accused the right to decide himself in what manner his defence should be assured. Reference to national legislation … Continue reading X v Norway: ECHR 30 May 1975
The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to his chosen counsel. Held: The appeal failed. The purpose of a defendant’s … Continue reading Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018
X suffered both severe anorexia and alcoholism. She had in the past been repeatedly and compulsorily admitted to hospital for treatment, but her doctors considered that whilst this might be life extending treatment it had proved ineffective and unethical. They sought a declaration that they may not be obliged to offer the treatment again. The … Continue reading A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 2014
Citations: [2017] ScotHC HCJAC – 9, 2017 SCCR 116, 2017 SLT 398, 2017 GWD 5-65, 2017 SCL 332 Links: Bailii Statutes: Antisocial Behaviour etc. (Scotland) Act 2004 129 Jurisdiction: Scotland Crime, Human Rights Updated: 17 October 2022; Ref: scu.578064
The petitioner issued a petition for divorce from the respondent, or alternatively a decree of nullity. The husband argued against both saying that the parties had not entered a marriage valid according to English law. W averred that the presumption of marriage arising out of cohabitation and reputation applied so as to validate the marriage. … Continue reading Akhter v Khan: FC 31 Jul 2018
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedingsThe applicants were an unmarried couple who could not marry, and so legitimate their daughter, the third applicant, because … Continue reading Johnston and Others v Ireland: ECHR 18 Dec 1986
Judges: Davis, Hickinbottom LJJ, Sir Stephen Richards Citations: [2018] EWCA Civ 1260, [2019] 1 WLR 394, [2018] WLR(D) 353 Links: Bailii Statutes: Immigration Act 1971 Jurisdiction: England and Wales Citing: Admin (1) – Jollah, Regina (on The Application of) v Secretary of State for The Home Department Admn 24-Feb-2017 Judicial review of refusal to lift … Continue reading Jollah, Regina (on The Application of) v The Secretary of State for The Home Department: CA 12 Jun 2018
The applicant challenged the decision to separate her from her child whilst she was in prison. Held: such a separation engaged her article 8 Human Rights, and she must be allowed representation when a decision was made. The Prison Service should call in appropriate experts in deciding what were the child’s needs, the effect of … Continue reading Regina (CD and ADR) v Secretary of State for the Home Department: QBD 17 Jan 2003
Application for anonymity order – challenge to constitutionality of proposed steps in leaving the EU. Held: Granted for those applying for it.The common law rights of the public and press to know about court proceedings are also protected by article 10 of the ECHR Citations: [2017] EWHC 629 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading Yalland and Others v Secretary of State for Exiting The European Union (629): Admn 3 Feb 2017
The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to him, but retained pending the appeal. Held: His appeal was allowed: ‘an anonymity order is … Continue reading Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016
ECHR Preliminary objection rejected (six month period); No violation of Art. 10 – ‘The phrase ‘authority of the judiciary’ includes, in particular, the notion that the courts are, and are accepted by the public at large as being, the proper forum for the settlement of legal disputes and for the determination of a person’s guilt … Continue reading Worm v Austria: ECHR 29 Aug 1997
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1 (public hearing); Violation of Art. 6-1 (impartial tribunal); Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings Citations: (1998) 28 EHRR 196, … Continue reading Gautrin And Others v France: ECHR 20 May 1998
Citations: 36936/05, [2008] ECHR 174 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Edward Szuluk v United Kingdom ECHR 3-Jun-2009 The prisoner complained that the prison had monitored his conversations and communications with his doctor. Held: The actions were a violation of the prisoner’s article 8 rights. … Continue reading Edward Szuluk v United Kingdom: ECHR 22 Feb 2008
ECHR Article 10-1 Freedom to impart information Freedom to receive information Refusal by regional authority to provide copy of its decisions to an association wishing to study the impact of property transfers on agricultural and forest land: violation Facts – The applicant was a registered association whose aims were to research the impact of transfers … Continue reading Osterreichische Vereinigung Zur Erhaltung, v Austria: ECHR 28 Nov 2013
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
