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Regina v Thomas, Regina v Flannagan: CACD 24 Jul 1998

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

Banks v Revenue and Customs (Inheritance Tax : Human Rights): FTTTx 15 Oct 2018

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

Rees v The United Kingdom: ECHR 17 Oct 1986

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

Omagh Minerals Ltd v Revenue and Customs (Aggregates Levy): FTTTx 31 Oct 2018

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

Matveyeva And Others v Russia: ECHR 6 Dec 2018

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee ECHR Judgment : Struck out of the list : Third Section Committee Citations: 54430/08, [2018] ECHR 994, [2022] ECHR 626 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 October 2022; Ref: scu.631287

Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

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

Correia De Matos v Portugal: ECHR 4 Apr 2018

ECHR Judgment : No Article 6+6-3-c – Right to a fair trial : Grand Chamber The applicant alleged that the decisions of the domestic courts refusing him leave to conduct his own defence in the criminal proceedings against him and requiring that he be represented by a lawyer had violated Article 6 ss 3 (c) … Continue reading Correia De Matos v Portugal: ECHR 4 Apr 2018

Dvorski v Croatia: ECHR 28 Nov 2013

Citations: 25703/11 – Chamber Judgment, [2013] ECHR 1205 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Dvorski v Croatia ECHR 20-Oct-2015 Grand Chamber: ‘As the Court has already held in its previous judgments, the right set out in article 6.3(c) of the Convention is one element, among others, … Continue reading Dvorski v Croatia: ECHR 28 Nov 2013

A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 2014

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

Nadtoka v Russia (No 2): ECHR 8 Oct 2019

ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section ECHR Judgment : Non-pecuniary damage – award : Third Section Citations: 29097/08, [2019] ECHR 686, [2020] ECHR 665 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646643

Case Concerning United States Diplomatic and Consular Staff in Tehran: ICJ 24 May 1980

The International Court of Justice said that ‘wrongfully to deprive human beings of their freedom and to subject them to physical constraint in conditions of hardship is in itself manifestly incompatible with the principles of the Charter of the United Nations.’ Citations: General List, No 64 Cited by: Cited – Al-Jedda v Secretary of State … Continue reading Case Concerning United States Diplomatic and Consular Staff in Tehran: ICJ 24 May 1980

Johnston and Others v Ireland: ECHR 18 Dec 1986

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

Denis And Irvine v Belgium: ECHR 8 Oct 2019

ECHR Judgment : No Article 5 – Right to liberty and security : Fourth Section ECHR Judgment : No Right to liberty and security : Grand Chamber Citations: 62819/17, [2019] ECHR 704, [2021] ECHR 450 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646584