Search Results for: European Convention on Human Rights 9 10

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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

Dzankovic v Germany: ECHR 8 Dec 2009

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

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

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

Jehovah’s Witnesses of Moscow v Russia: ECHR 10 Jun 2010

When considering the treatment of the religious community of Jehovah’s Witnesses in Moscow, the European Court of Human Rights said: ‘The Court further reiterates that the state’s duty of neutrality and impartiality prohibits it from assessing the legitimacy of religious beliefs or the ways in which those beliefs are expressed or manifested. Accordingly, the state … Continue reading Jehovah’s Witnesses of Moscow v Russia: ECHR 10 Jun 2010

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

Schalk and Kopf v Austria: ECHR 22 Nov 2010

The applicants, a same sex couple sought the right to marry. Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their relationship, although since practice in this regard is still evolving across Europe, the Contracting States enjoy a wide … Continue reading Schalk and Kopf v Austria: ECHR 22 Nov 2010

Schalk and Kopf v Austria: ECHR 24 Jun 2010

The applicants alleged discrimination in that as a same sex couple they were not allowed to marry. Held: There was no violation.The Court cannot but note that there is an emerging European consensus towards legal recognition of same-sex couples. Moreover, this tendency has developed rapidly over the past decade. Nevertheless, there is not yet a … Continue reading Schalk and Kopf v Austria: ECHR 24 Jun 2010

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

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

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

Savran v Denmark: ECHR 1 Oct 2019

ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section ECHR Judgment : No Article 3 – Prohibition of torture : Grand Chamber Citations: 57467/15, [2019] ECHR 651, [2021] ECHR 1025 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 October 2022; Ref: scu.646663

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

Kavala v Turkey: ECHR 10 Dec 2019

ECHR Judgment : Right to liberty and security : Second Section ECHR Judgment : Grand Chamber Citations: 28749/18, [2019] ECHR 898, [2022] ECHR 579 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646762

Abdi Ibrahim v Norway: ECHR 17 Dec 2019

ECHR Judgment : Article 8 – Right to respect for private and family life : Second Section ECHR Press Release ECHR Judgment : Article 8 – Right to respect for private and family life : Grand Chamber Citations: 15379/16, [2019] ECHR 914, [2020] ECHR 334, [2021] ECHR 1060 Links: Bailii, Bailii, Bailii Statutes: European Convention … Continue reading Abdi Ibrahim v Norway: ECHR 17 Dec 2019