Search Results for: European Convention on Human Rights 6 8

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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

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

Gilyov And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 17869/21, [2022] ECHR 800 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681671

Panchenko And Gereglyad v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 62266/19, [2022] ECHR 780 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681718

Volyk v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 8942/17, [2022] ECHR 788 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681761

Zalevskyy And Vitkovskyy v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 35093/19, [2022] ECHR 777 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681766

Suslov v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 46298/19, [2022] ECHR 778 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681748

Al-Dulimi and Montana Management In. v Switzerland (Legal Summary): ECHR 26 Nov 2013

Article 6 Civil proceedings Article 6-1 Access to court Lack of right of appeal against sanctions imposed on applicants on basis of UN Security Council resolutions: violation Facts – The first applicant is an Iraqi national who lives in Jordan and manages a company incorporated under Panamanian law and based in Panama (the second applicant). … Continue reading Al-Dulimi and Montana Management In. v Switzerland (Legal Summary): ECHR 26 Nov 2013

Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012

The claimants sought judicial review of schemes which they said appeared to require them to work for free in order to claim Jobseekers Allowance. Held: Judicial review was granted. There had been a breach of regulation 4(2) of the 2011 Regulations, because the Secretary of State had breached regulation 4(2), by the failure to provide … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012

Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

It will only be in exceptional circumstances that an applicant’s private or family life in a contracting state will outweigh the legitimate aim pursued by his or her extradition. Recalling that there is no right in the Convention not to be extradited and that, by implication, there is no right to be prosecuted in a … Continue reading Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

Regina (O) v Harrow Crown Court: Admn 16 Apr 2003

The defendant had been refused bail. He had a previous conviction for rape, and now faced another charge. The custody time limit had also now expired. He complained that the removal of the statutory presumption in favour of bail infringed his rights. Held: Under s25, a defendant in this category should be granted bail only … Continue reading Regina (O) v Harrow Crown Court: Admn 16 Apr 2003

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

Biro And Thers v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 77948/13, [2022] ECHR 774 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681644

S v France: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Citations: 18207/21, [2022] ECHR 801 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681749

Ignatchenko v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 27265/18, [2022] ECHR 792 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681674

Mustafa Hajili And Others v Azerbaijan: ECHR 6 Oct 2022

ECHR Judgment : Article 11 – Freedom of assembly and association : Fifth Section Citations: 69483/13, [2022] ECHR 773 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681710

Ostapenko v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 19143/21, [2022] ECHR 802 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681716

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

Leontyev v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 2 – Right to life : Fifth Section Committee Citations: 9262/19, [2022] ECHR 776 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681701

Perspektyvnyy v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 9225/20, [2022] ECHR 781 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681723

Makarov And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 49715/18, [2022] ECHR 775 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681703

Volozhanin And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 8810/21, [2022] ECHR 796 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681760

Stancu And Others v Romania: ECHR 18 Oct 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Fourth Section Citations: 22953/16, [2022] ECHR 899 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681866

Pushkaryov v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 55770/19, [2022] ECHR 779 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681732

Khural And Zeynalov v Azerbaijan: ECHR 6 Oct 2022

ECHR Judgment : No Article 10 – Freedom of expression-{general} : Fifth Section Citations: 55069/11, [2022] ECHR 771 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681682

Kryzhanovskyy And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 16218/17, [2022] ECHR 789 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681691

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

Scoppola v Italy (No 3): ECHR 18 Jan 2011

(referral to the grand chamber) Judges: F Tulkens P Citations: 126/05 French Text, [2011] ECHR 2417 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Scoppola v Italy (No 3) ECHR 22-May-2012 (Grand Chamber) A prisoner serving a sentence of 30 years imprisonment for murder, attempted murder and … Continue reading Scoppola v Italy (No 3): ECHR 18 Jan 2011

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

Kucherenko And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 17411/21, [2022] ECHR 799 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 November 2022; Ref: scu.681692

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

BU v The Czech Republic: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Citations: 9264/15, [2022] ECHR 786 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 October 2022; Ref: scu.681652

Smagina And Vladimirov v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 41891/15, [2022] ECHR 787 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 October 2022; Ref: scu.681743

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

Zakharov And Others v Russia 53570/18: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 53570/18, [2022] ECHR 866 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 October 2022; Ref: scu.681765

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

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 Thomas, Regina v Flannagan: CACD 24 Jul 1998

Section allowing admission of documentary evidence was not a breach of requirements of European Convention on Human Rights. Reading of statements allowed where witness in fear. Judge given sufficient balancing discretion to follow convention Citations: Times 24-Jul-1998 Statutes: Criminal Justice Act 1988 23 24 825 26 Jurisdiction: England and Wales Human Rights Updated: 25 October … Continue reading Regina v Thomas, Regina v Flannagan: CACD 24 Jul 1998

Ramazonov v Ukraine 31754/20: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 31754/20, [2022] ECHR 783 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 October 2022; Ref: scu.681735

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