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Egmez v Cyprus (Dec): 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

Harman v United Kingdom: ECHR 11 May 1984

ECHR Article 7 of the Convention: Allegedly unforeseeable conviction for the contempt of court (Complaint declared admissible). Articles 10 and 14 of the Convention : Official documents produced in the course of discovery proceedings: solicitor found guilty of contempt of court notwithstanding that the documents had been read out in open court. Question of violation … Continue reading Harman v United Kingdom: ECHR 11 May 1984

Loucaides v Cyprus: ECHR 18 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Citations: 60277/19, [2022] ECHR 905 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.681859

Gunnerside Estates Limited v Terence Milner, Cynthia Mary Milner (Easements): LRA 18 Aug 2010

LRA An application to cancel a unilateral notice in respect of shooting rights on the basis that such rights interfered with the registered proprietors’ human rights under Article 8 of the European Convention on Human Rights and Article 1 of the First Protocol. Human rights found to have no relevance to the question of cancellation, … Continue reading Gunnerside Estates Limited v Terence Milner, Cynthia Mary Milner (Easements): LRA 18 Aug 2010

PH v Bulgaria: ECHR 27 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section Committee Citations: 46509/20, [2022] ECHR 749 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681627

Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012

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

MF (Article 8 – New Rules) Nigeria: UTIAC 31 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

Ali v The United Kingdom: ECHR 7 Nov 2012

The applicant had sought and been accepted for emergency housing assistance, but having refused the accomodation offered, and the Authority said that it had fulfilled its duty to her. Citations: 40378/10 – HECOM, [2012] ECHR 1969 Links: Bailii Statutes: European Convention on Human Rights Citing: Cited – Tsfayo v The United Kingdom ECHR 14-Nov-2006 The … Continue reading Ali v The United Kingdom: ECHR 7 Nov 2012

Re Erskine 1948 Trust: ChD 29 Mar 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

Camelot Group plc v Centaur Communications Limited: CA 23 Oct 1997

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

Morck Jensen v Denmark: ECHR 18 Oct 2022

ECHR Judgment : No Article 7 – No punishment without law : Second Section Citations: 60785/19, [2022] ECHR 906 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681862

Moral And Others v Turkiye: ECHR 18 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 49867/17, [2022] ECHR 902 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681861

Moamer v Bulgaria: ECHR 18 Oct 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 40124/19, [2022] ECHR 897 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 November 2022; Ref: scu.681860

Stokes v The United Kingdom: ECHR 18 Oct 2012

The applicant complained of the failure to protect her article 8 rights. As a traveller and heavily pregnant she had been obliged to vacate her temporary pitch. Citations: 65819/10 – HECOM, [2012] ECHR 1862 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights, Housing, Land Updated: 06 November 2022; Ref: scu.465579

In re E (Minors) (Residence Orders: Imposition of Conditions): CA 30 Apr 1997

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

Cases Of De Wilde, Ooms And Versyp (‘Vagrancy’) v Belgium (Article 50): ECHR 10 Mar 1972

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

AAM (A Child) v Secretary of State for The Home Department: QBD 27 Sep 2012

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

Buckland v The United Kingdom: ECHR 18 Sep 2012

The applicant alleged that the Court of Appeal’s decision to dismiss her appeal and uphold the judgment making a possession order constituted an unjustified breach of her right to respect for her home and her family life and discriminated against her, in violation of Article 8 taken alone and in conjunction with Article 14. Held: … Continue reading Buckland v The United Kingdom: ECHR 18 Sep 2012

Harkins v The United Kingdom: ECHR 11 Jan 2017

Press release (extradition order to face trial for first-degree murder in the United States of America (USA)) Citations: 71537/14 (, [2017] ECHR 66 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Harkins v The United Kingdom ECHR 7-Jul-2017 . . Cited by: See Also – Harkins v The United Kingdom ECHR … Continue reading Harkins v The United Kingdom: ECHR 11 Jan 2017

Volchkova and Mironov v Russia: ECHR 28 Mar 2017

Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property (Article 1 para. 1 of Protocol No. 1 – Deprivation of property ECHR Judgment : Pecuniary damage – award : Third Section Citations: 45668/05, [2017] ECHR 278, [2021] ECHR 184 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human … Continue reading Volchkova and Mironov v Russia: ECHR 28 Mar 2017

Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007

(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

Regina v Gemmell: CACD 17 Jul 2002

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

CN (Burundi) v Secretary of State for the Home Department: CA 19 Jun 2007

Increased risk of claimant committing suicide if returned home. Citations: [2007] EWCA Civ 587 Links: Bailii Statutes: European Convention on Human Rights 3 Jurisdiction: England and Wales Cited by: Cited – McKinnon, Regina (On the Application of) v Secretary Of State for Home Affairs Admn 31-Jul-2009 Assurances for Extradition Extradition of the defendant was sought … Continue reading CN (Burundi) v Secretary of State for the Home Department: CA 19 Jun 2007

Hari Dhima v Immigration Appeal Tribunal: Admn 8 Feb 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

Zakharov And Others v Russia 47538/16: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 47538/16, [2022] ECHR 834 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681764

Scoppola v Italy (No 2): ECHR 8 Jun 2011

Execution of the judgment of the European Court of Human Rights Citations: [2011] ECHR 1290 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Scoppola v Italy (No 2) ECHR 17-Sep-2009 (Grand Chamber) The applicant murdered his wife on 2 September 1999; the offence was punishable by life imprisonment. … Continue reading Scoppola v Italy (No 2): ECHR 8 Jun 2011

Aneva and Others v Bulgaria: ECHR 6 Apr 2017

Judgment : Remainder inadmissible Violation of Article 8 – Right to respect for private and family life (Article 8 – Positive obligation.) – Judgment : Preliminary objection joined to merits and dismissed (Article 35-1 – Exhaustion of domestic remedies) Violation of Article 8 Citations: 66997/13, [2017] ECHR 334 Links: Bailii Statutes: European Convention on Human … Continue reading Aneva and Others v Bulgaria: ECHR 6 Apr 2017

Sevinger v The Netherlands: ECHR 6 Sep 2007

Admissibility – the applicants challenged rejection of their request to be registered to vote, not having been resident in the respondent country for more than 10 years. Judges: B.M. Zupancic, P Citations: 17173/07, [2007] ECHR 1207, (2008) 46 EHRR SE14 Links: Bailii Statutes: European Convention on Human Rights Human Rights, Elections Updated: 03 November 2022; … Continue reading Sevinger v The Netherlands: ECHR 6 Sep 2007

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

Ramazanov v Ukraine 31757/20: ECHR 6 Oct 2022

ECHR Judgment : Fifth Section Committee Citations: 31757/20, [2022] ECHR 784 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681734