Search Results for: European Convention on Human Rights 8 13 41

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Yau and others v Customs and Excise: CA 3 Jul 2001

The Court considered the applicability of the European Convention of Human Rights to VAT and Excise procedures, namely whether or not the imposition by the Commissioners of Customs and Excise of (ostensibly civil) penalties for alleged dishonest evasion of tax pursuant to S.60(1) of the Value Added Tax Act 1994 and s.8(1) of the Finance … Continue reading Yau and others v Customs and Excise: CA 3 Jul 2001

Popa v Moldova: ECHR 21 Sep 2010

Citations: 29772/05, [2010] ECHR 1317 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 August 2022; Ref: scu.424143

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

Mosat v Slovakia: ECHR 21 Sep 2010

Citations: 27452/05, [2010] ECHR 1318 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.424141

Babayan v Armenia: ECHR 21 Jun 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section Committee Citations: 70491/13, [2022] ECHR 497 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.678941

Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017

The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental difficulties which afflicted her following that incarceration. She now appealed from rejection of that claim by … Continue reading Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017

Deeg v Poland: ECHR 21 Sep 2010

Citations: 39489/08, [2010] ECHR 1320 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 July 2022; Ref: scu.424133

JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009

The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and family life. Held: The Secretary of State’s appeal against a declaration of incompatibility failed. The … Continue reading JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009

Vefa Serdar v Turkey: ECHR 27 Jan 2015

Relying on Articles 2 and 3 of the Convention, the applicant complained in particular the use of disproportionate force against him and abuse during and after the riot operation launched in Canakkale prison. He also argued that the criminal proceedings in this regard against members of the security forces had disregarded the need for speed … Continue reading Vefa Serdar v Turkey: ECHR 27 Jan 2015

Hegedis v Croatia: ECHR 23 Jun 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 41306/18, [2022] ECHR 514 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 July 2022; Ref: scu.678952

Mcdonald v The United Kingdom: ECHR 20 May 2014

Decisions about the allocation of limited resources may well be justified as necessary in the interests of the economic well-being of the country. Judges: Ineta Ziemele, P Citations: 4241/12 – Chamber Judgment, [2014] ECHR 492, 37 BHRC 130, (2015) 60 EHRR 1, (2014) 17 CCL Rep 187 Links: Bailii Statutes: European Convention on Human Rights … Continue reading Mcdonald v The United Kingdom: ECHR 20 May 2014

Emohare v Thames Magistrates Court: Admn 12 Mar 2009

The circumstances that lead to a defendant losing his entitlement to a defendant’s costs order if he is successful in his defence are narrow, to reflect the need to respect the presumption of innocence at common law and under Article 6 of the European Convention on Human Rights Citations: [2009] EWHC 689 (Admin) Links: Bailii … Continue reading Emohare v Thames Magistrates Court: Admn 12 Mar 2009

Ashdown v Telegraph Group Ltd: CA 18 Jul 2001

The appellant complained that a part of his confidential diaries had been republished without his consent by the defendant newspaper group. The defendant appealed, saying that the publication was fair dealing. Held: The exceptions within the Copyright Act were not sufficient to obviate entirely potential conflicts with the rights of freedom of expression under the … Continue reading Ashdown v Telegraph Group Ltd: CA 18 Jul 2001

Demir And Baykara v Turkey: ECHR 12 Nov 2008

Civil servants formed a trade union which entered into collective negotiation with a local authority resulting in an agreement. Union members then sued the authority for failing to fulfil the agreement. The local Court found in favour of the members. The Court of Cassation first quashed the ruling, on the basis that, even though there … Continue reading Demir And Baykara v Turkey: ECHR 12 Nov 2008

Kay And Others v United Kingdom: ECHR 17 Oct 2008

Citations: 37341/06, [2008] ECHR 1193, [2011] HLR 13 Links: Bailii Statutes: European Convention on Human Rights Citing: Welcomed – Doherty and others v Birmingham City Council HL 30-Jul-2008 The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been … Continue reading Kay And Others v United Kingdom: ECHR 17 Oct 2008

Refah Partisi (The Welfare Party) And Others v Turkey: ECHR 13 Feb 2003

Citations: 41340/98;41342/98;41343/98;…, [2003] ECHR 87 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: See Also – Refah Partisi (Welfare Party) And Others v Turkey ECHR 31-Jul-2001 Hudoc The claimants said that the dissolution of their political party by the Turkish Constitutional Court infringed their rights. . . Lists of cited by and citing … Continue reading Refah Partisi (The Welfare Party) And Others v Turkey: ECHR 13 Feb 2003

Informationsverein Lentia And Others v Austria: ECHR 24 Nov 1993

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 10; Not necessary to examine Art. 14+10; Pecuniary damage – claim rejected; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: [1993] ECHR 57, 15717/89, 13914/88, 15041/89 Links: Worldllii, Bailii Statutes: European Convention on Human Rights Jurisdiction: … Continue reading Informationsverein Lentia And Others v Austria: ECHR 24 Nov 1993

Karassev v Finland: ECHR 12 Jan 1999

Admissibility. The arbitrary denial of citizenship may violate the right to respect for private life under Article 8. The Convention did not guarantee the right to acquire a particular nationality. Nevertheless, it did ‘not exclude that an arbitrary denial of citizenship might in certain circumstances raise an issue under article 8 of the Convention because … Continue reading Karassev v Finland: ECHR 12 Jan 1999

Sabanovic v Bosnia And Herzegovina: ECHR 9 Jun 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 24139/20, [2022] ECHR 459 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 July 2022; Ref: scu.678515

Juhnke v Turkey: ECHR 13 May 2008

Medical treatment, may well be experienced as degrading by a patient who is subjected to it against his will, but ‘A measure which is therapeutically necessary from the point of view of established principles of medicine cannot in principle be regarded as inhuman and degrading’ Citations: 52515/99, [2008] ECHR 379, (2008) 49 EHRR 534 Links: … Continue reading Juhnke v Turkey: ECHR 13 May 2008

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Fosh v Cardiff University: EAT 23 Jan 2008

The professor had sought time off to represent another lecturer claiming race discrimination against the University. The University said that her behaviour created a conflict of interest with the University. She continued and herself claimed victimisation. After the case failed, she was herself suspended, and her email account searched from which further disciplinary charges were … Continue reading Fosh v Cardiff University: EAT 23 Jan 2008