Search Results for: European Convention on Human Rights

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Silver Plastics and Johannes Reifenhauser v Commission (Competition – Retail Food Packaging Market – Judgment): ECJ 22 Oct 2020

Appeal – Competition – Agreements, decisions and concerted practices – Retail food packaging market – Decision finding an infringement of Article 101 TFEU – Regulation (EC) No 1/2003 – Article 23 – Article 6 of the European Convention on Human Rights – Fundamental right to a fair trial – Principle of equality of arms – … Continue reading Silver Plastics and Johannes Reifenhauser v Commission (Competition – Retail Food Packaging Market – Judgment): ECJ 22 Oct 2020

Khawaja v Revenue and Customs: FTTTx 8 Mar 2012

FTTTx Income Tax – Penalties – Suppressed takings from Restaurant business reflected in concealed director’s remuneration – Negligent submission of incorrect Tax Returns – Abatement of penalty. Citations: [2012] UKFTT 183 (TC) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Revenue and Customs v Khawaja ChD 17-Jul-2008 The court considered the standard of … Continue reading Khawaja v Revenue and Customs: FTTTx 8 Mar 2012

Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003

The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release. Held: False imprisonment is established on proof of imprisonment without lawful authority. An authority might commit both the tort of false imprisonment and infringe a patient’s human rights, but not all infringements of … Continue reading Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003

Z And Others v The United Kingdom: ECHR 10 May 2001

Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001

CF Booth Limited v Revenue and Customs: UTTC 9 Aug 2022

Value Added Tax – appeal against penalties under Schedule 24 FA 2007 for deliberate inaccuracy in returns – application by HMRC to strike out parts of appeal for abuse of process – 2017 FTT decision that Appellant knew that its transactions connected to fraudulent evasion – 2020 FTT decision striking-out parts of the penalty appeal … Continue reading CF Booth Limited v Revenue and Customs: UTTC 9 Aug 2022

Regina (M) v Inner London Crown Court: Admn 10 Feb 2003

The applicant’s daughter had been convicted of a petty assault, and she had herself been made subject of a twelve month parenting order. She appealed. Held: Parenting orders are proper within a democratic society, and do not infringe a parent’s right to respect for family life. Nevertheless, no responsible bench could have made such an … Continue reading Regina (M) v Inner London Crown Court: Admn 10 Feb 2003

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

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

Fitt v United Kingdom: ECHR 16 Feb 2000

(Grand Chamber) Complaint as to non-disclosure of prosecution evidence. Judges: Wildhaber P Citations: 29777/96, [2000] ECHR 89, (2000) 30 EHRR 480, [2000] Po LR 10 Links: Bailii, Worldlii Statutes: European Convention on Human Rights 5 6.1 Jurisdiction: Human Rights Cited by: Conjoined Hearing – Rowe and Davis v The United Kingdom ECHR 16-Feb-2000 (Grand Chamber) … Continue reading Fitt v United Kingdom: ECHR 16 Feb 2000

F-K, Regina (on The Application of) v Polish Judicial Authority: Admn 19 Jan 2012

The defendant sought to resist the European Arrest Warrant, saying that her extradition would breach her and her family’s human right to a family life. Since fleeing Poland, she had lived in the UK and now had young children attanding school. Judges: Ouseley J Citations: [2012] EWHC 25 (Admin) Links: Bailii Statutes: Extradition Act 2003 … Continue reading F-K, Regina (on The Application of) v Polish Judicial Authority: Admn 19 Jan 2012

M, Regina (on The Application of) v Secretary of State for Home Department: Admn 2 Dec 2010

Judges: Sir Anthony May P Citations: [2010] EWHC 3541 (Admin) Links: Bailii Statutes: European Convention on Human Rights 3 Jurisdiction: England and Wales Citing: Cited – Haward and others v Fawcetts HL 1-Mar-2006 The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment … Continue reading M, Regina (on The Application of) v Secretary of State for Home Department: Admn 2 Dec 2010

Otobo, Regina (on The Application of) v Slough Borough Council: Admn 12 Jan 2011

Renewed application by Mr Otobo for permission to apply for judicial review. He had been called in for a voluntary interview by the council investigating whether any offence might have been committed in his claiming of housing benefit. Though warned that it would be held under PACE, and that he would be allowed a solcitor, … Continue reading Otobo, Regina (on The Application of) v Slough Borough Council: Admn 12 Jan 2011

JL, Regina (on the Application of) v Secretary of State for the Home Department: CA 24 Jul 2007

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

Le Compte, Van Leuven And De Meyere v Belgium: ECHR 18 Oct 1982

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

P-B (a Minor) (child cases: hearings in open court): CA 20 Jun 1996

The applicant sought to have his application for a residence order heard in open court: ‘Article 6 (1) provides for the public hearing and the public pronouncement of judgment of cases, but with the proviso of exclusion of the press and the public from all or part of the trial ‘in the interest of morals, … Continue reading P-B (a Minor) (child cases: hearings in open court): CA 20 Jun 1996

ABC v St George’s Healthcare NHS Trust and Others: QBD 28 Feb 2020

By this claim brought against three NHS trusts, the claimant contends that the defendants breached a duty of care owed to her and/or acted contrary to her rights under Article 8 of the European Convention on Human Rights in failing to alert her to the risk that she had inherited the gene for Huntington’s disease … Continue reading ABC v St George’s Healthcare NHS Trust and Others: QBD 28 Feb 2020

Morahan, Rex (on The Application of) v His Majesty’s Assistant Coroner for West London: CA 28 Oct 2022

Whether the coroner was correct to conclude that the circumstances of the death of Tanya Morahan shortly after 3 July 2018 do not call for an inquest which complies with the procedural obligation imposed by article 2 of the European Convention on Human Rights (‘the Convention’). Judges: The Lord Burnett of Maldon, Lord Chief Justice … Continue reading Morahan, Rex (on The Application of) v His Majesty’s Assistant Coroner for West London: CA 28 Oct 2022

Smith and Others v Ministry of Defence: QBD 30 Jun 2011

Claims were made after the deaths of British troops on active service in Iraq. In one case the deaths were from detonations of improvised explosive devices, and on others as a result of friendly fire. It was said that there had been a foreseeable risk of the deaths. The defendant sought the strike out of … Continue reading Smith and Others v Ministry of Defence: QBD 30 Jun 2011

Smith v The Assistant Deputy Coroner for Oxfordshire: Admn 11 Apr 2008

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

Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

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

Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005

The claimants were shareholders in Railtrack. They complained that the respondent had abused his position to place the company into receivership so as to avoid paying them compensation on a repurchase of the shares. Mr Byers was accused of ‘targeted malice.’ They also complained of an interference with their possessions. Held: The claim failed. The … Continue reading Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005

Dennis and Dennis v Ministry of Defence: QBD 16 Apr 2003

The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. The particular noise is loud and characterised by a very rapid onset with a corresponding startle … Continue reading Dennis and Dennis v Ministry of Defence: QBD 16 Apr 2003

Regina v Ward (Judith): CACD 15 Jul 1992

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

Vallianatos and Others v Greece: ECHR 7 Nov 2013

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

Dietz and Suttasom v Austria: ECHR 29 May 2015

Article 14 Discrimination Conclusion of registered partnership and civil marriage before different authorities: communicated See: [2015] ECHR 644 [This summary also covers the communicated case of Hormann and Moser v. Austria, no. 31176/13]. [2015] ECHR 645 The applicants, homosexual couples, applied to the Office for Matters of Personal Status to contract a civil marriage. They … Continue reading Dietz and Suttasom v Austria: ECHR 29 May 2015

The Christian Federation of Jehovah’s Witnesses of France v France: ECHR 6 Nov 2001

(Non-admissibility Decision) It was affirmed: ‘that Article 34 of the Convention requires that an individual applicant should claim to have been actually affected by the violation he alleges. That Article does not institute for individuals a kind of actio popularis for the interpretation of the Convention; it does not permit individuals to complain against a … Continue reading The Christian Federation of Jehovah’s Witnesses of France v France: ECHR 6 Nov 2001

Kincses v Hungary: ECHR 27 Jan 2015

The applicant alleged, in particular, that his freedom of expression had been infringed on account of him having been fined for having criticised, as a legal representative, the sitting judge in one of his cases. He also claimed that the length of the disciplinary proceedings conducted against him was incompatible with Article 6 of the … Continue reading Kincses v Hungary: ECHR 27 Jan 2015

Neshkov And Others v Bulgaria: ECHR 27 Jan 2015

The applicants alleged, inter alia, that the conditions of their detention in various correctional facilities in Bulgaria had been or were inhuman and degrading. Mr Neshkov in addition alleged that he had not had effective domestic remedies in that respect. Judges: Ineta Ziemele, P Citations: 36925/10 – Chamber Judgment, [2015] ECHR 77 Links: Bailii Statutes: … Continue reading Neshkov And Others v Bulgaria: ECHR 27 Jan 2015

Ciorcan And Others v Romania: ECHR 27 Jan 2015

The applicants, relying on Articles 2 and 3 of the Convention, alleged that the forceful and disproportionate intervention of State agents had put their lives in danger and subjected them to ill-treatment, and that the authorities had failed to conduct an effective investigation into the events in question. They further alleged that the events complained … Continue reading Ciorcan And Others v Romania: ECHR 27 Jan 2015

Henderson, Regina (on The Application of) v Secretary of State for Justice: Admn 27 Jan 2015

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

Re J (A Child) (Reporting Restriction: Internet: Video): FD 5 Sep 2013

‘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

Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009

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

Regina v Lichniak: HL 25 Nov 2002

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

Vinter And Others v The United Kingdom: ECHR 9 Jul 2013

(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights. Held: For a life sentence to remain compatible with Article 3 there must be a prospect … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013

AA (Somalia) v Entry Clearance Officer – Addis Ababa: CA 1 May 2012

A child sought entry clearance as a de facto adopted child of his sponsor who had accepted status of refugee. Held: The changes to the Immigration rules did not extend those rules beyond application to natural and adopted children so far as de facto adopted children.Notwithstanding the grant of entry clearance under article 8, the … Continue reading AA (Somalia) v Entry Clearance Officer – Addis Ababa: CA 1 May 2012

Miah and Others v Secretary of State for The Home Department: CA 7 Mar 2012

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

A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

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

Cornick, Regina v: QBD 3 Nov 2014

The defendant had been convicted of murdering his schoolteacher. The court now gave reasons, at the end of the case for discontinuing the order restricting his being named. Orders protecting the identities of children witnesses were continued. Judges: Coulson J Citations: [2014] EWHC 3623 (QB) Links: Bailii Statutes: Children and Young Persons Act 1933 39, … Continue reading Cornick, Regina v: QBD 3 Nov 2014

Burnip v Birmingham City Council and Another: CA 15 May 2012

The court considered an allegation of discrimination in the application of housing benefit for a disabled person. Held: The claimants had established a prima facie case of discrimination under Article 14 of the ECHR, and that the Secretary of State had failed to establish objective and reasonable justification for the discriminatory effect of the statutory … Continue reading Burnip v Birmingham City Council and Another: CA 15 May 2012

Kensington and Chelsea London Borough Council v O’Sullivan and another: CA 25 Mar 2003

The council granted a tenancy to the husband many years ago. At various times the couple split up then came back together. The husband was rehoused, but at the time misled the council to say his wife was not living in the flat. When the council sought a possession order, she alleged the action was … Continue reading Kensington and Chelsea London Borough Council v O’Sullivan and another: CA 25 Mar 2003

Johnson, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 9 May 2007

The prisoner complained that the delay in considering his parole was a breach of his human rights. Held: A life prisoner had a statutory right to have his case referred to the parole board. Here there had been an unjustified and arbitrary delay of eight and a half months. If on remittal, he could show … Continue reading Johnson, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 9 May 2007

O’Riordan v Director of Public Prosecutions: Admn 19 May 2005

An offender had absconded with a child and was to be prosecuted for sex offences against her. The police circulated all the journalists who had had contact to say that an identification of the defendant would also identify the girl. The defendant here, the editor of a magazine was not so informed. She published the … Continue reading O’Riordan v Director of Public Prosecutions: Admn 19 May 2005

X v Norway: ECHR 30 May 1975

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

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

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

Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003

The claimant challenged his continued detention under the 1971 Act after his appeal to the Immigration Appeal tribunal had been successful. He had been accused of rape, but was convicted of a sexual assault, though still serious. Before being released from his sentence, the respondent had authorised his continued detention under the 1971 Act. The … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003

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

Matthews, Regina (on the Application of) v Employment Tribunal: Admn 6 Dec 2004

The applicants sought to challenge the practice of employment tribunals not to record their proceedings. They wished to allege perjury by a witness but had found that no prosecution would flow without a record. Held: the application for judicial review was unarguable and failed. ‘Article 6 requires that the claimant should have had a full … Continue reading Matthews, Regina (on the Application of) v Employment Tribunal: Admn 6 Dec 2004

Serife Yigit v Turkey: ECHR 20 Jan 2005

A complaint as to the privileging of civil over religious marriages in Turkey was found admissible.‘ the essential object of Article 8 is to protect the individual against arbitrary interference by the public authorities. There may in addition be positive obligations inherent in effective ‘respect’ for family life. In both contexts regard must be had … Continue reading Serife Yigit v Turkey: ECHR 20 Jan 2005

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

Regina (CD and ADR) v Secretary of State for the Home Department: QBD 17 Jan 2003

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

Moss v Information Commissioner: CA 15 May 2020

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

SC v The United Kingdom: ECHR 15 Jun 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; … Continue reading SC v The United Kingdom: ECHR 15 Jun 2004

Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

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

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

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

Goc v Turkey: ECHR 11 Jul 2002

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 on account of the absence of an oral hearing; Violation of Art. 6-1 on account of the non-communication of the opinion of the Principal Public Prosecutor; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedingsThe applicant claimed compensation for alleged false … Continue reading Goc v Turkey: ECHR 11 Jul 2002

Regina v Bernard: CACD 2 Jul 1996

The court considered the general effect of serious medical condition on sentencing, and how it should allow for such a condition. Held: A sentencing court is fully entitled to take account of a medical condition by way of mitigation as a reason for reducing the length of the sentence, either on the ground of the … Continue reading Regina v Bernard: CACD 2 Jul 1996

In Reclaiming Motion By Brown v The Parole Board for Scotland and The Scottish Ministers: SCS 31 Jul 2015

(Extra Division Inner House) The scope of this appeal relates to the impact of article 5 of the European Convention on Human Rights (‘ECHR’) in circumstances where the petitioner and reclaimer (‘the reclaimer’) is serving an extended sentence under and in terms of section 210A of the Criminal Procedure (Scotland) Act 1995. The reclaimer contends … Continue reading In Reclaiming Motion By Brown v The Parole Board for Scotland and The Scottish Ministers: SCS 31 Jul 2015

Osterreichische Vereinigung Zur Erhaltung, Starkung Und Schaffung v Austria: ECHR 28 Nov 2013

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

McGrath v Secretary of State for Work and Pensions: Admn 20 Apr 2012

The claimant challenged the decision of the Secretary of State for Work and Pensions to recover from her an overpayment of income support in 1996 and 1997 by way of the deduction from current payments to her of employment and support allowance, saying that the continued recovery of the overpayment in this way breached her … Continue reading McGrath v Secretary of State for Work and Pensions: Admn 20 Apr 2012

Saadi v United Kingdom: ECHR 29 Jan 2008

(Grand Chamber) The applicant sought judicial review of the decision to detain him for a short period while his asylum claim was being subject to fast-track processing. The decision was made pursuant to a policy under which all asylum claimants falling within defined criteria (usually by nationality) were normally detained at Oakington while their claims … Continue reading Saadi v United Kingdom: ECHR 29 Jan 2008

Whitefield v General Medical Council: PC 14 Nov 2002

The doctor had been allowed to continue in practice only on condition that he did not drink alcohol and that he complied with other conditions to support that restriction. He challenged it as an infringement of his human rights. Held: The conditions were in pursuit of a legitimate aim, and in the wider interest of … Continue reading Whitefield v General Medical Council: PC 14 Nov 2002

Cumpana and Mazare v Roumanie: ECHR 17 Dec 2004

(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

Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012

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

Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking … Continue reading Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz: CA 29 Feb 2012

The defendant appealed against a refusal to strike out the claim which was to seek to enforce a judgment obtained in Kiev and in the Ukraine Supreme Court. Held: It had been a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment. A court in England had … Continue reading Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz: CA 29 Feb 2012

Coventry (T/A RDC Promotions and Another v Lawrence and Others: CA 27 Feb 2012

The appellants, owners of a motor sport racing circuit, appealed against a finding that their activities constituted a nuisance, given that they had planning permissions for the use. Held: The appeal succeeded. The judge had erred in holding that the actual use of the Stadium and the Track over a number of years, with planning … Continue reading Coventry (T/A RDC Promotions and Another v Lawrence and Others: CA 27 Feb 2012

Sanade and Others (British Children – Zambrano – Dereci): UTIAC 7 Feb 2012

Section 32 of the UK Borders Act 2007 provides that where a person is sentenced to imprisonment of 12 months or more, he must be deported unless he falls within one of the statutory exceptions.Article 8 provides one such exception but there is no justification for saying that it will only be in exceptional circumstances … Continue reading Sanade and Others (British Children – Zambrano – Dereci): UTIAC 7 Feb 2012

Von Hannover v Germany (no. 2): ECHR 7 Feb 2012

(Grand Chamber) The applicants alleged that the refusal by the German courts to grant an injunction against any further publication of photos of them infringed their right to respect for their private life as guaranteed by Article 8 of the Convention. Judges: Bratza P Citations: [2012] ECHR 228, 40660/08, 60641/08 Links: Bailii Statutes: European Convention … Continue reading Von Hannover v Germany (no. 2): ECHR 7 Feb 2012

Lautsi v Italy: ECHR 18 Mar 2011

(Grand Chamber) The applicants complained that the presence in all state schoolrooms of a crucifix on the wall infringed the principle of secularism. The routine presence in state school classrooms of a crucifix, which was not used for worship, religious instruction or as an expression of allegiance, was held not to contravene Article 19. Though … Continue reading Lautsi v Italy: ECHR 18 Mar 2011

MA and Others v Finland: ECHR 10 Jun 2003

(Admissibility) Legislation which is retroactive is not necessarily incompatible with A1P1, retrospective legislation is not as such prohibited by A1P1. Judges: Sis Nicolas Bratza Citations: (2003) 37 EHRR CD 210, [2003] ECHR 712 Links: Bailii Statutes: European Convention on Human Rights A1P1 Cited by: Cited – Salvesen v Riddell and Another; The Lord Advocate intervening … Continue reading MA and Others v Finland: ECHR 10 Jun 2003

Lord Carlile and Others v Secretary of State for The Home Department: Admn 16 Mar 2012

The claimant had invited an Iranian dissident to speak in Parliament, and now challenged the decision of the Home Secretary to refuse her a visa on the basis that her exclusion was not conducive to the public good. She was a member of an organisation which had in the past supported terrorism, and had first … Continue reading Lord Carlile and Others v Secretary of State for The Home Department: Admn 16 Mar 2012

Bouamar v Belgium: ECHR 27 Jun 1988

Judges: Mr R Ryssdal, P Citations: [1988] ECHR 16 Links: Bailii Statutes: European Convention on Human Rights 5 Jurisdiction: England and Wales Citing: See Also – Bouamar v Belgium ECHR 29-Feb-1988 Hudoc Violation of Art. 5-1; Violation of Art. 5-4; Just satisfaction reserved; Judgment (Just satisfaction) Struck out of the list (friendly settlement)A person detained … Continue reading Bouamar v Belgium: ECHR 27 Jun 1988

Kats and Others v Ukraine: ECHR 18 Dec 2008

The applicants were the parents and son of a prisoner who died in custody of an HIV related illness. They complained of her treatment in custody. Held: If someone dies in custody an explanation of the cause of death must be provided, including a narrative of medical treatment provided. Also a suspicious death in custody … Continue reading Kats and Others v Ukraine: ECHR 18 Dec 2008

Syed and Another v Westminster Magistrates Court: Admn 25 May 2010

The defendants challenged sentences of imprisonment imposed for failure to pay confiscation orders, saying that the delay in enforcement meant that the proceedings should have been stayed. Judges: Elias LJ, Keith J Citations: [2010] EWHC 1617 (Admin) Links: Bailii Statutes: European Convention on Human Rights 6 Jurisdiction: England and Wales Criminal Sentencing, Human Rights Updated: … Continue reading Syed and Another v Westminster Magistrates Court: Admn 25 May 2010

Regina (Barber) v Secretary of State for Work and Pensions: Admn 17 Jul 2002

The claimant challenged the refusal of the respondent, under authority of the regulations, to divide payment of child benefit between himself and his former partner. The child stayed with both parents. Other benefits flowed from the allocation of the benefit to one parent. He alleged that this was discriminatory under the Convention. Held: The challenge … Continue reading Regina (Barber) v Secretary of State for Work and Pensions: Admn 17 Jul 2002

KW Hadleigh Ltd v Revenue and Customs: FTTTx 7 Apr 2014

VAT – purported appeal against ‘decision’ of HMRC that appellant required to make online VAT returns – liability to file online arising automatically under secondary legislation without requirement for HMRC to reach a ‘decision’- whether the European Convention on Human Rights relevant – no – appeal struck out for lack of jurisdiction Citations: [2014] UKFTT … Continue reading KW Hadleigh Ltd v Revenue and Customs: FTTTx 7 Apr 2014

Chapti and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 16 Dec 2011

Challenge to the amendments to paragraph 281 of the Immigration Rules requiring the foreign spouses and partners of British citizens or persons settled in the UK applying for what I shall refer to as ‘spouse visas’, that is for leave to enter the UK with a view to settlement, to produce a test certificate of … Continue reading Chapti and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 16 Dec 2011

Szuluk, Regina (on the Application of) v HM Prison Full Sutton: Admn 20 Feb 2004

The prisoner was receiving long term health treatment, and objected that his correspondence with the doctor was being read. He was held as a category B prisoner but in a prison also holding category A prisoners, whose mail would be read. The prison settled upon a routine of the prison doctor reading the mail. Held: … Continue reading Szuluk, Regina (on the Application of) v HM Prison Full Sutton: Admn 20 Feb 2004

The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson: CA 18 Dec 2002

The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6. Held: The applicant’s human rights were engaged by the decision. When looking at whether judicial … Continue reading The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson: CA 18 Dec 2002

Young, James and Webster v The United Kingdom: ECHR 13 Aug 1981

Employees claimed religious objections to being obliged to members of a Trades Union. Held: It is the obligation of states which have ratified the Convention to secure to everyone within their jurisdiction the rights and freedoms which it protects. Judges: Wiarda P Citations: 7806/77, 7601/76, (1981) 4 EHRR 38, [1981] ECHR 4 Links: Worldlii, Bailii … Continue reading Young, James and Webster v The United Kingdom: ECHR 13 Aug 1981

OPO v MLA and Another: QBD 18 Jul 2014

A boy now sought an interim injunction to restrain his father, the defendant classical musician, from publishing his autobiography which mentioned him. The book would say that the father had suffered sexual abuse as a child at school. Held: OPO’s claim was an attempt by the mother to stop the father from selling his life … Continue reading OPO v MLA and Another: QBD 18 Jul 2014

C, Regina (on The Application of) v Secretary of State for Work and Pensions and Another: Admn 18 Jul 2014

The court was asked as to the extent to which the State should retain personal information about citizens, and whether its policies or practices for doing so comply with the human rights of those citizens. It arose in the instant case in a heightened form because the information relates to the sensitive personal data of … Continue reading C, Regina (on The Application of) v Secretary of State for Work and Pensions and Another: Admn 18 Jul 2014

Robertson v The United Kingdom: ECHR 1 Apr 2008

The claimant, a widow, said that he had been denied the benefits (the Widowed Mother’s Allowance) which would have been available to a woman in his circumstances. Held: The claim had been settled on the respondent admitting that there was no objective justification for the difference in treatment. Citations: 12828/02, [2008] ECHR 245 Links: Bailii … Continue reading Robertson v The United Kingdom: ECHR 1 Apr 2008

Beaulane Properties Ltd v Palmer: ChD 23 Mar 2005

The paper owner sought possession of land. The defendant said he had acquired a possessory title. The land was registered. Held: The claimant’s human rights under article 1 were engaged. To be justifiable, the interference in that right had to be ‘in the public interest’. The limitation rules were enacted by the State for public … Continue reading Beaulane Properties Ltd v Palmer: ChD 23 Mar 2005

CM v Bradford Metropolitan District Council, Secretary of State for Work and Pensions: UTAA 7 Oct 2020

Housing Benefit – whether limiting housing benefit to the one-bedroom shared accommodation rate in accordance with reg 13D(2) of the Housing Benefit Regulation 2006 amounted to unlawful disability discrimination contrary to Article 14 European Convention on Human Rights – application of the `manifestly without reasonable foundation’ test – whether proportionality assessment still required. Citations: [2020] … Continue reading CM v Bradford Metropolitan District Council, Secretary of State for Work and Pensions: UTAA 7 Oct 2020

ABC Ltd v Y: ChD 6 Dec 2010

There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties might not obtain documents on the court file. Held: The applicant X was entitled … Continue reading ABC Ltd v Y: ChD 6 Dec 2010

Shahid v Scottish Ministers: SCS 18 Nov 2011

(Outer House Court of Session) The petitioner complaine dthat whilst serving a very long term of imprisonment, he had been held in segregation for almost five years, and that this contravened the Prison Rules and his human rights. Held: The claim was refused. Judges: Lord Malcolm Citations: [2011] ScotCS CSOH – 192, 2012 Rep LR … Continue reading Shahid v Scottish Ministers: SCS 18 Nov 2011

Jude v Her Majesty’s Advocate: SC 23 Nov 2011

The Lord Advocate appealed against three decisions as to the use to be made of interviews where the detainees had not been given access to lawyers. In each case the prosecutor now appealed after their convictions had been overturned in the light of the decision in Cadder. Held: (Lord Kerr dissenting) The prosecutor’s appeals failed. … Continue reading Jude v Her Majesty’s Advocate: SC 23 Nov 2011