The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his. Held: The right to be referred to the parole board was a statutory right, which was not the same as an article 3 right to liberty and … Continue reading Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004
The applicant had been sentenced to 50 years’ imprisonment for several offences. He had leukemia and was to receive chemotherapy in hospital. He complained of the conditions to which he was subjected during the hospital visits, including the behaviour of the guards, and the fact that he had been chained to the hospital bed. Medical … Continue reading Mouisel v France: ECHR 14 Nov 2002
The applicant entered the UK as a visitor, but resisted her return home saying that she had HIV, and would not receive proper treatment for her condition if returned to Zimbabwe. Held: the prohibition against inhuman and degrading treatment did not require a contracting state to guarantee medical treatment to aliens. Judges: Buxton LJ Citations: … Continue reading ZT v Secretary of State for the Home Department: CA 24 Nov 2005
‘The Court notes that the Convention institutions have consistently taken the view that Article 6.1 does not apply to proceedings for interim relief. The purpose of such proceedings is to deal with a temporary state of affairs pending the outcome of the main proceedings; consequently they do not result in a determination of civil rights … Continue reading Fonseca Carreira v Portugal: ECHR 14 Jun 2001
The court was asked whether the Claimant’s proposed deportation to Jamaica, following his conviction and imprisonment for a very serious criminal offence, involves a violation of article 14 in conjunction with article 8 of the European Convention on Human Rights (‘ECHR’), contrary to the Human Rights Act 1998 (‘the Human Rights Act’). The discrimination is … Continue reading Johnson, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 17 Jul 2014
Article 8-1 Respect for private life Indiscriminate capture and sharing of vast quantities of communication data by state security services: communicated The applicants are three non-governmental organisations based in London and an academic based in Berlin, all of whom work internationally in the fields of privacy and freedom of expression. Their applications to the Court … Continue reading Big Brother Watch And Others v The United Kingdom: ECHR 7 Jan 2014
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings Citations: 34549/97 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.172169
The applicant had sought asylum here, but her application was rejected. She was suffering advanced HIV/AIDS. With continued proper treatment she would survive several years. If returned to Uganda she would not receive that treatment and would not survice as long. Held: The issue was not as to her mistreatment in Uganda, but as to … Continue reading N v Secretary of State for the Home Department: HL 5 May 2005
The prisoner was subject to a long term of imprisonment, and also to a deportation order which was to take effect upon his release. He complained that, because of the latter, he had not been considered for parole, and that this was discriminatiry. Held: The difference in treatment occurred because of the nationality of the … Continue reading Hindawi and Another v Secretary of State for the Home Department: Admn 29 Jan 2004
The appellant had been found unfit to plead after assaulting his son, and he had been detained under the 1964 Act. He alleged his detention was in breach of his right to a fair trial. His release had been authorised subject to the appointment of a supervising psychiatrist. He complained that his detention was unlawful … Continue reading Regina v Secretary of State for the Home Department and Another ex parte IH: HL 13 Nov 2003
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
The Home Secretary appealed a ruling that his implementation of section 55 was unlawful, having been said to be incompatible with human rights law. Held: The way in which the section had been operated, by denying consideration and all benefits to any asylum applicant who did not claim asylum immediately upon entry, was unfair. There … Continue reading Regina (on the Application of Q and others) v Secretary of State for the Home Department: CA 18 Mar 2003
The applicants’ claims for asylum had been rejected as bound to fail, and under the new Act, they were to be removed from the UK. If they wanted to appeal, they they would have to do so from outside the jurisdiction. The section had been brought into effect before the Act had been formally published. … Continue reading Regina (ZL and VL) v Secretary of State for the Home Department and Lord Chancellor’s Department: CA 24 Jan 2003
The claimant was a prisoner. He became entitled to be considered for release on parole, but was not released because the Parole Board had not made a decision. Held: The system for consideration of the release of discretionary and life prisoners infringed the human rights of such prisoners, insofar as the consideration of their release … Continue reading Regina (Noorkoiv) v Secretary of State for the Home Department and Another: CA 30 May 2002
The applicant sought admission to the UK. In the past he had made utterances which were capable of being racist. He claimed to have recanted, and had given undertakings as to his behaviour. At first instance it was held that the Home Secretary had failed to demonstrate an objective reason for refusing admission. It was … Continue reading Farrakhan, Regina (on the Application of) v Secretary of State for the Home Department: CA 30 Apr 2002
The judge at first instance who was ticketed to sit as a judge in the Technology and Construction Court, had been asked to sit as a judge of the High Court to take this case. The appellant said she was acting outside her powers. Held: The court considered the comon law doctrine of de facto … Continue reading Fawdry and Co (A Firm) v Murfitt: CA 14 May 2002
A prisoner had been killed in his cell by a cell-mate known to be unstable and racist. His family sought to be involved in the inquiry into the death within the prison system. A second prisoner hanged himself in his cell. His family alleged that he should have been kept on suicide watch. The coroner … Continue reading Regina (Amin) v Secretary of State for the Home Department; Regina (Middleton) v Coroner for West Somersetshire: CA 27 Mar 2002
The claimant challenged the validity of the 1991 Act under Human Rights law, particularly Article 1 of Protocol 1 and Article 8. Held: ‘It is quite clear in my judgment that – putting the matter generally – both the statutory scheme and the CSA’s administration of it are Convention compliant.’ Judges: Munby J Citations: [2002] … Continue reading Denson, Regina (on the Application of) v Child Support Agency: Admn 14 Feb 2002
The applicant had been convicted in 1990 of conspiracy to cause explosions. He had been arrested by means of an unlawful eviction from Zimbabwe, and his appeal had been successful after ten years in prison. He now appealed against a refusal to award him compensation for his imprisonment, and said that the provision of ex … Continue reading Regina (on the Application of Mullen) v The Secretary of State for the Home Department: QBD 21 Feb 2002
The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The penalties were substantial, though there existed a system of appeals. Held: The principle … Continue reading Secretary of State for the Home Department v International Transport Roth Gmbh and others: CA 22 Feb 2002
Article 37 Special circumstances requiring further examination Unilateral declarations in individual cases not addressing systemic problem: request to strike out rejected Article 46 Pilot judgment General measures Respondent State required to provide effective domestic remedies in cases of non-enforcement or delayed enforcement of judgments imposing obligations in kind Facts – The applicants are all Russian … Continue reading Gerasimov And Others v Russia: ECHR 1 Jul 2014
Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971. Held: The Court of Appeal in Austin and in Walker were right to say that there could be imprisonment at common law … Continue reading Jalloh, Regina (on the application of) v Secretary of State for the Home Department: SC 12 Feb 2020
The Home Secretary appealed against a finding that a non-derogating control order was unlawful in that, in restricting the subject to an 18 hour curfew and otherwise severely limiting his social contacts, the order amounted to such a deprivation of liberty as to be unlawful. Held: The appeal failed. When looking at the lawfulness of … Continue reading Secretary of State for the Home Department v JJ and others: HL 31 Oct 2007
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 11; Not necessary to examine Art. 9; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not necessary to examine Art. 18; Not necessary to examine P1-1; Not necessary to examine P1-3; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation … Continue reading The United Communist Party of Turkey And Others v Turkey: ECHR 30 Jan 1998
The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and detention which is laid down in Article 5(1)(c). The court agrees with the Commission and … Continue reading Fox, Campbell and Hartley v The United Kingdom: ECHR 30 Aug 1990
ECHR Judgment (Preliminary objections) Preliminary objection rejected (incompatibility); Questions of procedure rejected. Judges: R Cassin P Citations: 332/57, (1979) 1 EHRR 1, [1960] ECHR 1 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Lawless v Ireland (No 1) ECHR 7-Apr-1961 ‘The Court,Having regard to the conclusions … Continue reading Lawless v Ireland (No 1): ECHR 14 Nov 1960
Hudoc The claimants said that the dissolution of their political party by the Turkish Constitutional Court infringed their rights. Judges: J-P Costa P Citations: 41340/98, [2001] ECHR 491, [2003] ECHR 87, 41343/98, [2001] ECHR 495, 41342/98 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Refah Partisi … Continue reading Refah Partisi (Welfare Party) And Others v Turkey: ECHR 31 Jul 2001
Several dependants of persons killed in Iraq by British troops claimed damages. Held: The court considered extensively the scope and applicability of Article 1 duties. In general an English court would have no jurisdiction over deaths abroad at the hands of British troops in a war situation. One death however had occurred whist the deceased … Continue reading Al Skeini and Others, Regina (on the Application of) v Secretary of State for Defence and Another: Admn 14 Dec 2004
The claimant’s daughter had died after walking out of a mental health ward and being knocked down. She sought damages alleging negligence and in infringement of her daughter’s right to life. Held: Negligence amounting to a breach of the right to life had to be gross negligence at a level which might support a charge … Continue reading Savage v South Essex Partnership NHS Foundation Trust: QBD 21 Dec 2006
A sentence of detention during her majesty’s pleasure when imposed on a youth was not the same as a sentence of life imprisonment, and the Home Secretary was wrong to treat it on the same basis and to make allowance for expressions of public opinion. Of a sentence under the section: ‘The Secretary of State … Continue reading Regina v Secretary of State For The Home Department, Ex Parte Venables, Regina v Secretary of State For The Home Department, Ex Parte Thompson: HL 12 Jun 1997
The claimants appealed against a refusal of their request for judicial review of the Secretary of State’s decision not to grant them exceptional leave to remain in the United Kingdom. If returned to Poland the daughter of the family would face educational difficulties. Held: The case presented at first instance had been factually incorrect. Everyone … Continue reading Holub and another v Secretary of State for Home Department: CA 20 Dec 2000
The claimant had come to England as a child from Italy. As an adult, he was convicted of a sexual assault against his daughter, and after release from his prison sentence of five years, he now appealed against a deportation order, saying that the respondent had failed to take account of the length of time … Continue reading B v Secretary of State for Home Department: CA 18 May 2000
The Act protects the privacy of a corporate body. A television company which secretly filmed in a company’s store could be held to have infringed the privacy of the company by the Broadcasting Standards Commission. The Act went further than the Human Rights Convention in this respect, but there is no reason to limit the … Continue reading Regina v Broadcasting Standards Commission, Ex Parte British Broadcasting Corporation: CA 6 Apr 2000
When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European Court of Human Rights in such matters. Where the Home Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000
A challenge under article 5 to decisions about a prisoner’s treatment were misconceived in the context of the Secretary of State’s refusal to transfer a prisoner to open conditions with a view to improving his prospects of release: ‘[Article 5(4)] is not to do with how persons are treated while they were detained or where … Continue reading Regina v Home Secretary ex parte Gunn: CA 2000
The applicant sought to challenge an order for his return to Hong Kong under the Act. He said that the ordnance under which he was to be tried, and anti-corruption statute, infringed his human rights by transferring to him the burden of proof. The Secretary of State argued that an English court should not impose … Continue reading Regina v Secretary of State for Home Department ex parte Peter Elliot: Admn 18 Jul 2001
Adjudications of the Advertising Standards Authority are prescribed by law, and the codes of practice are issued by virtue of statutory authority. The codes described a clear system for adjudicating complaints, and therefore anyone publishing advertising material could know in advance what rules applied, and what penalties he might incur. The need to ensure accuracy … Continue reading Regina ex parte Matthias Rath B v Matthias Rath Ltd the Advertising Standards Authority Ltd and its Reviewer: Admn 6 Dec 2000
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 46966/14, [2018] ECHR 498 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 May 2022; Ref: scu.617994
Is it is an abuse of process or unfair or in breach of Articles 6(3)(c), 8 and 14 of the European Convention on Human Rights for the prosecution to rely on the evidence of an interpreter, who had acted as an interpreter at the police station after the arrest of a defendant (when the defendant … Continue reading Bozkurt v Thames Magistrates’ Court: Admn 14 May 2001
The applicants were husband and wife and the wife was physically handicapped. They complained that their Article 8 rights were infringed because, in breach of Czech law, the authorities had failed to install facilities that would enable her to gain access to public buildings. Held: The claim failed. ‘The Court is of the opinion that … Continue reading Zehnalova and Zehnal v Czech Republic: ECHR 14 May 2002
lSIAC Deprivation of Citizenship : Preliminary Issue Judges: Flaux J, Ward UTJ, Sir Stewart Eldon Citations: [2014] UKSIAC SC – 66 – 2008 Links: Bailii Statutes: British Nationality Act 1981 Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was … Continue reading Hilal Al-Jedda: SIAC 18 Jul 2014
Order Judges: Irwin J Citations: [2014] UKSIAC 66/2008 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a … Continue reading Al-Jedda v Secretary of State for The Home Department (Deprivation of Citizenship Directions – Oral Ruling ): SIAC 7 Feb 2014
Deprivation of Citizenship – Substantive – Dismissed Judges: Keith J (Ch), Jordan SIJ Citations: [2010] UKSIAC 66/2008 Links: Bailii Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion … Continue reading Hilal Al-Jedda v Secretary of State for The Home Department: SIAC 26 Nov 2010
The police have power to release limited information about offenders. In this case known paedophiles were staying at a campsite, and their criminal record was disclosed to the site owner. There was no harrassment under s3 of the 1968 Act. On any duty of confidence: ‘I have great difficulty in accepting that the information which … Continue reading Regina v Chief Constable for North Wales Police Area Authority ex parte AB and CD etc: Admn 10 Jul 1997
The court was asked: ‘(1) Do rights under Article 8 of the European Convention on Human Rights and Fundamental Freedoms 1950 (ECHR) survive the making of an adoption order? (2) Did the coming into force in April 2014 of s. 51A Adoption and Children Act 2002 (ACA 2002), which allows the court to make a … Continue reading Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015
The claimant asserted that the provisions of section 60 of the 1994 Act, which allowed personal searches by police officers where no suspicion of misbehaviour was present, infringed her rights under Article 8 of the Convention. Held: The claimant’s appeal failed. There was no deprivation of liberty within the meaning of article 5, and nor … Continue reading Roberts, Regina (on The Application of) v The Commissioner of Police of The Metropolis and Others: CA 4 Feb 2014
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 45580/16, [2019] ECHR 141 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 May 2022; Ref: scu.633736
Speciality protection requirement satisfied by undertaking for re-surrender given by Hong Kong Chief Executive, despite excess time on bail. For the purposes of a challenge to extradition under domestic law, an applicant for habeas corpus is to be treated as effectively in custody. Judges: Simon Brown LJ, Mance J Citations: Gazette 18-Mar-1998, [1998] EWHC Admin … Continue reading Regina v Secretary of State for the Home Department ex parte Launder: QBD 18 Mar 1998
ECHR Judgment : No Article 8 – Right to respect for private and family life : First Section Citations: 57433/15, [2019] ECHR 150 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 May 2022; Ref: scu.633733
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 4413/10, [2019] ECHR 151 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 May 2022; Ref: scu.633730
The claimant appealed dismissal of his claim for wrongful imprisonment having been detained in 1997 on being found unfit to plead to an offence of violence. Held: Parliament had a legitimate concern for the protection of the public, and defendants themselves, from persons whom it would be unfair to try because they have insufficient understanding … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: CA 25 Jul 2008
A prisoner had no right to facilities to artificially inseminate his wife. In this case, he might not be released for several years, and there were no medical reasons advanced for finding exceptional reasons under the Department policy. Provided the interference with the prisoner’s rights was proportionate, a refusal to provide the additional facilities which … Continue reading Regina v Secretary of State for Home Department ex parte Mellor: CA 4 Apr 2001
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 54769/10, [2019] ECHR 143 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.633742
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 65124/09, [2019] ECHR 148 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.633728
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 5444/10, [2019] ECHR 146 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 May 2022; Ref: scu.633739
Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the Secretary of State by the 1998 Act to act compatibly with the right to respect for … Continue reading Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper person to be a controller of the company. He had misstated the value of the company’s assets. … Continue reading Kaplan v United Kingdom: ECHR 14 Dec 1978
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. Held: The view that appeals were restricted … Continue reading E v Secretary of State for the Home Department etc: CA 2 Feb 2004
The claimant appealed refusal of special leave to remain here after refusal of his application for asylum. Held: In view of the new material before the court it was not unarguable that the Secretary of State had not properly considered the material before him. Leave was given on that point only, and the case adjourned … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 27 Oct 1998
ECHR Judgment : Article 2 – Right to life : Fifth Section Committee Citations: 20295/07, [2019] ECHR 149 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 May 2022; Ref: scu.633758
The claimants said that the sanitation arrangements whilst incarcerated at HMP Albany had amounted to degrading treatment, in that the cells had not had in-cell sanitation. Held: The claims were struck out as a repeat of claims made in the Grant case. Judges: Hickinbottom J Citations: [2014] EWHC 1624 (QB) Links: Bailii Statutes: European Convention … Continue reading Ashton and Others v The Ministry of Justice: QBD 16 May 2014
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 6818/10, [2019] ECHR 144 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 May 2022; Ref: scu.633724
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 4178/10, [2019] ECHR 147 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 May 2022; Ref: scu.633755
The applicant was serving a long sentence for serious offences. He had submitted several requests for ‘prison leave’ in order to carry out tasks in preparation for his eventual release. These had been refused by the Attorney General. The domestic courts in turn rejected his applications for judicial review on the ground that they had … Continue reading Boulois v Luxembourg: ECHR 14 Dec 2010
(Commission – Plenary) – Inadmissible – article 6 inapplicable. The categorisation of a prisoner is ‘administrative’ rather than a determination of disputes about civil rights. Citations: 8575/79 Statutes: European Convention on Human Rights 6 Cited by: Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012 In each case … Continue reading X v The United Kingdom: ECHR 14 Dec 1979
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 10214/21, [2022] ECHR 288 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.675471
ECHR Judgment : No Article 2 – Right to life : Fifth Section Committee Citations: 36837/11, [2019] ECHR 142 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 May 2022; Ref: scu.633727
Claim for judicial review began as a challenge to the lawfulness of directions to remove the claimant from the United Kingdom. It now stands as a challenge to the defendant’s decision to certify the claimant’s human rights claim (article 8 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms) as … Continue reading Yarbo, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Jul 2014
The Secretary of State announced a public enquiry into the Shipman case. He did not say whether it would be a public enquiry. The bereaved families and media wanted it to be public, and contended that it had been invalidly constituted, that an expectation had been created that it would be public, and that to … Continue reading Regina v Secretary of State for Health, Ex Parte Wagstaff etc: QBD 31 Aug 2000
ECHR Grand Chamber – Article 34 Locus standi Standing of non-governmental organisation to lodge application on behalf of deceased mental patient Article 2 Positive obligations Failure to provide adequate care for HIV positive mental patient: violation Article 46 Article 46-2 Execution of judgment Measures of a general character Respondent State required to take general measures … Continue reading Centre For Legal Resources on behalf of Valentin Campeanu v Romania: ECHR 17 Jul 2014
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
The claimants challenged as discriminatory the statutory requirement for landlords to verify the immigration status of potential tenants and land occupiers. Held: The challenge succeeded. Judges: Martin Spencer Citations: [2019] EWHC 452 (Admin) Links: Bailii Statutes: Human Rights Act 1998 4, Immigration Act 2014 20-37, European Convention on Human Rights 8 14, Equality Act 2010 … Continue reading Joint Council for The Welfare of Immigrants, Regina (on The Application of) v Secretary of State for The Home Department: Admn 1 Mar 2019
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 24178/14, [2022] ECHR 147 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 April 2022; Ref: scu.671936
Bill of Rights 1689 – Constitution – Parliament – Parliamentary Privilege – Separation of Powers – Immunity – Jurisdiction of Court – Human Rights – Public Authority – Child Abuse – Inquiry Report – Motion for an Unopposed Return – ECHR Art 8 – ECHR Art 6 – Damages – St Helena and Ascension Island … Continue reading Warsama and Another v The Foreign and Commonwealth Office and Others (Bill of Rights 1689 – Constitution – Parliament – Separation of Powers – Child Abuse): QBD 15 Jun 2018
The respondent appealed from orders made as to the conduct of an investigation into an attempted suicide in prison. The judge had severely criticised the appellant’s treatment of the case. Held: The appeal failed. The court recited the requirements for an independent inquiry into such an incident in custody. The judge was correct to require … Continue reading D, Regina (on the Application of) v Secretary of State for the Home Department (Inquest Intervening): CA 28 Feb 2006
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this. Held: There existed a similar duty to hold an enhanced investigation as exists after a suicide, though: ‘The initial investigation should be prompt, … Continue reading JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department: HL 26 Nov 2008
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 27365/06, [2018] ECHR 510 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618030
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 47424/13, [2018] ECHR 516 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618034
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 12683/16, [2018] ECHR 492 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618035
ECHR Judgment : Article 6+6-3-c – Right to a fair trial : Third Section Committee Citations: 30155/05, [2018] ECHR 512 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618038
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 24753/16, [2018] ECHR 490 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618039
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 74889/16, [2018] ECHR 488 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618031
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 74612/11, [2018] ECHR 505 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618036
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 33064/15, [2018] ECHR 496 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618037
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 40913/14, [2018] ECHR 499 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618026
ECHR Judgment : No Article 10 – Freedom of expression-{general} : Fifth Section Citations: 40597/08, [2018] ECHR 507 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618027
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 33615/17, [2018] ECHR 486 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618042
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 31393/08, [2018] ECHR 508 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618029
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 68183/10, [2018] ECHR 515 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618040
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 7448/16, [2018] ECHR 493 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618018
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Citations: 68039/14, [2018] ECHR 497 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618006
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 45162/13, [2018] ECHR 502 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618017
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 44204/05, [2018] ECHR 511 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618021
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 30008/13, [2018] ECHR 503 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618011
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 38347/16, [2018] ECHR 489 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618012
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 18849/04, [2018] ECHR 514 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618003
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 12639/17, [2018] ECHR 487 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618010
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 18408/16, [2018] ECHR 491 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618014
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 36701/15, [2018] ECHR 495 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.618019
