ECHR Article 35-1Six month periodSubmission of an application form signed by proxy by a person unknown: inadmissibleFacts – The applicant, a Burundian national, complained of a refusal by the Netherlands authorities to grant him asylum. The final domestic ruling was sent to him on 24 August 2010. On 23 February 2011 the applicant’s representative sent … Continue reading Ngendakumana v The Netherlands (Dec): ECHR 5 Feb 2013
ECHR Article 35-1Six month periodSubmission of original application form outside eight weeks allowed by Practice Direction on the Institution of Proceedings: inadmissibleFacts – The applicant, an Iraqi national, complained of a refusal by the Netherlands authorities to grant him a residence permit. The final domestic ruling in respect of his first request for such a … Continue reading Abdulrahman v The Netherlands (Dec): ECHR 5 Feb 2013
The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. Judges: Mummery, Maurice Kay, Hooper LJJ Citations: [2010] EWCA Civ 212 Links: Bailii Statutes: British Nationality Act 1981 40(4) Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010
Citations: 63397/09, [2010] ECHR 2145 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 August 2022; Ref: scu.427851
The claimant said that he had been severely assaulted by police officers on his arrest, and that the respondent had failed to provide a proper investigation and or remedy. Held: The court replied with questions for the parties. Citations: 61319/09, [2010] ECHR 96 Links: Bailii Statutes: European Convention on Human Rights Citing: Cited – Morrison … Continue reading Kevin Fox v United Kingdom: ECHR 15 Jan 2010
The applicant complained that he had been held in solitary confinement for a period of nearly 8 years whilst in prison, and had not been given a remedy. Held: There had been no breach of article 3 by the confinement, but article 13 had been infringed by the failure to allow him any means to … Continue reading Ramirez Sanchez v France: ECHR 27 Jan 2005
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 62003/08, [2022] ECHR 550 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 August 2022; Ref: scu.678989
ECHR Judgment : No Freedom of expression-{general} : Fifth Section Citations: 281/15, [2021] ECHR 22 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 August 2022; Ref: scu.657464
Citations: 8917/05, [2009] ECHR 1981 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 11 August 2022; Ref: scu.384015
Citations: 3243/03, [2008] ECHR 450 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 August 2022; Ref: scu.268085
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Citations: 42315/15, [2022] ECHR 544 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 August 2022; Ref: scu.678987
ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section Committee Citations: 1020/20, [2022] ECHR 547 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 August 2022; Ref: scu.678994
Citations: 57807/00, [2008] ECHR 563 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 August 2022; Ref: scu.270442
Citations: 65475/01, [2008] ECHR 734 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 09 August 2022; Ref: scu.272616
Citations: 34218/05, [2010] ECHR 2154 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 August 2022; Ref: scu.427850
ECHR Judgment Merits and Just Satisfaction : Court Grand Chamber Citations: 16483/12, [2016] ECHR 1124 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Chamber Judgment – Khlaifia And Others v Italy ECHR 1-Sep-2015 . . Endorsed – De Souza Ribeiro v France ECHR 13-Dec-2012 (Grand Chamber) A Brazilian man was arrested … Continue reading Khlaifia And Others v Italy: ECHR 15 Dec 2016
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016
Citations: 44117/06, [2011] ECHR 456 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 August 2022; Ref: scu.430573
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 21700/15, [2022] ECHR 552 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 August 2022; Ref: scu.678992
The applicants were subject to control orders. They were ‘light touch’, not involving a deprivation of liberty. Judges: Collins J Citations: [2009] EWHC 2927 (Admin), [2010] 1 WLR 1542, [2010] UKHRR 344 Links: Bailii Statutes: European Convention on Human Rights 6 Cited by: Cited – King, Regina (on The Application of) v Secretary of State … Continue reading Secretary of State for The Home Department, Regina (on The Application of) v BC and Another: Admn 11 Nov 2009
Grand Chamber – while there may have been reasons for doubting whether the applicants would receive a fair trial, there was not sufficient information to show that any possible irregularities in the trial were liable to constitute a flagrant denial of justice. In para O-III14 of their joint partly dissenting opinion, to which Judge Rozakis … Continue reading Mamatkulov And Askarov v Turkey: ECHR 4 Feb 2005
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015
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
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002
Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 18669/19, [2022] ECHR 548 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.678985
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 50942/08, [2022] ECHR 551 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.678988
ECHR Judgment (Just Satisfaction) – Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 14992/89, [1993] ECHR 51, 12325/86 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: … Continue reading Kemmache v France (Nos. 1 And 2) (Article 50): ECHR 2 Nov 1993
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
The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege. Held: ‘It is an established principle of the law of libel in this country that a claimant, whether individual or corporate, does … Continue reading Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005
The case of Hariri had set too high the threshold for the level of threat which would need to apply as to the propriety of returning an asylum applicant to his home country. The correct test is that the applicant need show a ‘real risk’ of har. This is a lower standard than one of … Continue reading Zorig Batayav v the Secretary of State for the Home Department: CA 5 Nov 2003
Citations: 42542/04, [2008] ECHR 361 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.267315
ECHR Judgment : Article 6+6-3-b – Right to a fair trial : Second Section Citations: 21947/16, [2022] ECHR 546 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.678990
Citations: 29612/09, [2009] ECHR 1899 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 August 2022; Ref: scu.381450
Citations: 50365/08, [2009] ECHR 1720 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.381348
Citations: 3583/06, [2009] ECHR 1888 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 August 2022; Ref: scu.381358
Citations: 1282/03, [2008] ECHR 509 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.270083
Judges: Nicolas Bratza, P Citations: 47045/06, [2009] ECHR 1280, (2011) 52 EHRR 25 Links: Bailii Statutes: European Convention on Human Rights Citing: Grand Chamber – Hutten-Czapska v Poland ECHR 19-Jun-2006 Grand Chamber. The court considered the need for establishing a fair balance in cases under A1P1: ‘Not only must an interference with the right of … Continue reading Gauci v Malta: ECHR 15 Sep 2009
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 3861/16, [2022] ECHR 549 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.678993
Hudoc No violation of Art. 8 ; No violation of Art. 6-1The applicant complained that he had been denied a fair hearing in appeal proceedings concerning his right of access to his daughter contrary to article 6(1). Held: ‘The court recalls further that article 6(1) requires in principle that a hearing be held. The question … Continue reading Hoppe v Germany: ECHR 5 Dec 2002
The Court considered the duties imposed on housing authorities under Part VII of the 1996 Act. Held: Article 6.1 did apply, but in any event the procedure applied under the Act conformed to its requirements. Judges: Guido Raimondi, P Citations: 40378/10 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)), [2015] ECHR 924, [2015] HLR … Continue reading Fazia Ali v The United Kingdom: ECHR 20 Oct 2015
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
The appellant challenged an order made under the 1981 Act revoking his British citizenship, saying that it infringed his article 8 rights to family life. Judges: Mitting J Ch, Lane SIJ Citations: [2009] UKSIAC 66/2008 Links: Bailii Statutes: European Convention on Human Rights 8, British Nationality Act 1981 40 Citing: See Also – Al-Jedda, Regina … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009
FTTTx Income tax – pension payable to husband – claim that half of pension should be assessed on wife – Income and Corporation Taxes Act 1988 sections 1 and 19, Schedule E paragraph 2 – Income Tax (Earnings and Pensions) Act 2003 sections 569, 571 and 572 – Matrimonial Causes Act 1973 sections 21A and … Continue reading Rockliff v Revenue and Customs: FTTTx 25 Jun 2009
Citations: 71176/01, [2007] ECHR 465 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 August 2022; Ref: scu.253361
(Commission) The claimants had been convicted of terrorist-type offences in Northern Ireland and were serving prisoners in HMP The Maze. They protested at a change of regime imposed in 1976, resulting in them not being permitted association with the rest of the prison community. Prisoners complained at ‘close body’ searches, including anal inspections, which were … Continue reading McFeeley and others v The United Kingdom: ECHR 15 May 1980
ECHR Judgment : No Article 11 – Freedom of assembly and association : Third Section Citations: 815/18, [2022] ECHR 543 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 August 2022; Ref: scu.678986
Citations: 8684/09, [2011] ECHR 450 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 August 2022; Ref: scu.430567
Citations: 37357/09, [2011] ECHR 262 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 July 2022; Ref: scu.428579
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
Citations: 27639/08, [2009] ECHR 1053 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 July 2022; Ref: scu.347597
Citations: 27632/08, [2009] ECHR 957 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 July 2022; Ref: scu.347551
The applicant had been assaulted by three individuals and coplained of the ineffectiveness of the police investigation. Held: Though the court acknowledged that no direct responsibility can attach to a member state under ECHR for the acts of private individuals: ‘even in the absence of any direct responsibility for the acts of a private individual … Continue reading Beganovic v Croatia: ECHR 25 Jun 2009
The defendants each complained that being placed on the sex offenders’ register indefinitely was a disproportionate interference with their rights for private and family life, and under European law. Held: A declaration of incompatibility was ordered to the extent that the orders made were not subject to regular review. Judges: Lord Justice Latham, Mr Justice … Continue reading F and Another, Regina (on the Application of) v Secretary of State for the Home Department: QBD 19 Dec 2008
Citations: 28571/06, [2010] ECHR 694 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 July 2022; Ref: scu.416328
Citations: 34575/04, [2007] ECHR 246, [2007] ECHR 994 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 July 2022; Ref: scu.250964
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005
The court dismissed the claimant’s complaint that the seclusion policies operated at Ashworth Special Hospital infringed his human rights. The Special Hospitals operated policies for seclusion which differed from the Code of Practice laid down under the Act. Held: The claim was dismissed. Any seclusion had been of such a short duration as not to … Continue reading Regina v Ashworth Hospital Authority, Ex parte Munjaz (No 2): Admn 5 Jul 2002
Just satisfaction Citations: [2015] ECHR 667 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: GC Summary – Bitto And Others v Slovakia ECHR 28-Jan-2014 ECHR Article 46-2 – Execution of judgment – Measures of a general character – Respondent State required to introduce compensatory remedy to provide effective relief for breach … Continue reading Bitto and Others v Slovakia: ECHR 7 Jul 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
Extra Division, Inner House – Judges: Lady Clark of Calton Citations: [2014] ScotCS CSIH – 7, 2014 SLT 905, [2014] CSIH 71, 2014 GWD 27-534 Links: Bailii Statutes: European Convention on Human Rights 2 3 8, Nationality, Immigration and Asylum Act 2002 94(3) Jurisdiction: Scotland Cited by: Extra Div Inner House – McCann v The … Continue reading SN v Secretary of State for The Home Department: SCS 14 Jan 2014
Citations: 54252/07, [2009] ECHR 924 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 July 2022; Ref: scu.346999
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Inadmissible under Art. 10 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings 73562/01 ; 73565/01 ; 73712/01 ; 73744/01 ; 73972/01 ; 73973/01 Citations: 73562/01;73565/01;73712/01;…, [2004] ECHR … Continue reading Sirbu And Others v Moldova: ECHR 15 Jun 2004
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B was over the age of 16, if the police had previously charged … Continue reading AB v Her Majesty’s Advocate: SC 5 Apr 2017
The claimant child alleged that the defendant had released him from administrative immigration detention without first putting safeguarding arrangements in place, leave him iat risk, in particular of becoming victim to human trafficking. Judges: McGowan J Citations: [2016] EWHC 1912 (Admin) Links: Bailii Statutes: European Convention on Human Rights 4 Jurisdiction: England and Wales Immigration, … Continue reading TDT, Regina (on The Application of) v Secretary of State for The Home Department: Admn 29 Jul 2016
Citations: 50360/08, [2010] ECHR 2020 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 July 2022; Ref: scu.427248
(Grand Chamber) The claimant, a muslim woman complained that she had not been allowed to attend lectures wearing a headscarf. Held: Any limitations on the right to an education must not curtail it ‘to such an extent as to impair its very essence and deprive it of its effectiveness.’ ‘Although [A2P1] does not impose a … Continue reading Leyla Sahin v Turkey: ECHR 10 Nov 2005
Citations: 27436/95, [1997] ECHR 180 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 July 2022; Ref: scu.346584
ECHR (Commission) Article 24 of the Convention : Case referred to the Commission by a Contracting Party.(a) The applicant Government, as constituted at and since the time of lodging the present applications, are to be considered as representing the Republic of Cyprus for the purpose of proceedings under Art. 24 and 28 of the Convention.(6) … Continue reading Cyprus v Turkey: ECHR 26 May 1975
The court considered the propriety of an order for deportation of an offender after conviction for a serious offence. Law LJ said: ‘Clearly the Secretary of State has a particular responsibility to make judgments as to what Judge LJ called ‘broad issues of social cohesion and public confidence’ within the system of immigration control. The … Continue reading AC (Turkey) v Secretary of State for the Home Department: CA 25 Mar 2009
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 3 as regards nine applicants; Violation of Art. 13 as regards nine applicants; No violation of Art. 3 and 13 as regards one applicant; Non-pecuniary damage – financial award; Costs and expenses partial award. Citations: 53147/99, [2005] ECHR 61 Links: Worldlii, Bailii Statutes: European Convention … Continue reading Sahin and Others v Turkey: ECHR 3 Feb 2005
Citations: 9523/10, [2011] ECHR 1033 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 July 2022; Ref: scu.441252
Citations: 36286/14 (Judgment (Merits and Just Satisfaction) : Court (Third Section)) French Text, [2016] ECHR 476 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 July 2022; Ref: scu.564854
Citations: 43380/06, [2012] ECHR 945 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 July 2022; Ref: scu.460183
The court considered the justification for extended sentences of imprisonment for public protection: ‘Its justification is the protection of the public. It is indeterminate. Release depends on the judgment of the Parole Board as to the risk which the prisoner presents. The court must fix a minimum term before which release cannot be considered, calculated … Continue reading Pedley, Martin and Hamadi v Regina: CACD 14 May 2009
Article 9-1. A church, as such, is capable of exercising the rights contained in Article 9 (New jurisprudence). The freedom to manifest religious belief in practice dows not confer protection on statements of purported religious belief which are nonetheless of a commercial nature. Dostinction between advertisements which are merely ‘informational’ and those of a commercial … Continue reading Church of Scientology v Sweden: ECHR 5 May 1979
Citations: 9075/08, [2008] ECHR 1844 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 24 July 2022; Ref: scu.341348
The applicants sought, by means of the Human Rights Act to challenge the way in which the decision had been made that they should be prosecuted under the 1989 Act, arguing that section 6(2) was inconsistent with the new Act. Held: The Act contravened the Convention insofar as it made evidential presumptions which were incompatible … Continue reading Regina v Director of Public Prosecutions ex parte Kebilene etc: Admn 30 Mar 1999
Citations: 8327/06, [2009] ECHR 495 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 23 July 2022; Ref: scu.324746
The claimants complained of their detention after the disorder at Harmondsworth Immigration Detention Centre. Held: The investigation of allegations of inhuman or degrading treatment related to those in the custody of the State, though it was run by an independent company, and was required to satisfy the requirements of Article 3. (Longmore LJ dissenting)Sedley LJ … Continue reading AM and Others, Regina (on the Application of) v Secretary of State for the Home Department and others: CA 17 Mar 2009
Citations: 37976/06, [2009] ECHR 399 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 23 July 2022; Ref: scu.316655
The Court was asked whether or not the procedural protections afforded by Article 6(1) ECHRR as identified by the House of Lords in Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 apply to the Appellant’s appeal against the decision of the Secretary of State to deprive him … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 22 Oct 2008
The appellant had been granted british citizenship. He now appealed against a an order under section 40(2) of the 1981 Act depriving him of his British citizenship on the ground that the respondent was satisfied that deprivation was conducive to the public good. Judges: Mitting J Ch, Lane SIJ Citations: [2008] UKSIAC 66/2008 Links: Bailii … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 23 May 2008
Citations: 5297/03, [2009] ECHR 211 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 July 2022; Ref: scu.291834
(Press release) The court considered the rights when photographs were taken in public: ‘the court finds that it is not insignificant that the photographer was able to keep the negatives of the offending photographs, in spite of the express request of the applicants, who exercised parental authority, that the negatives be delivered up to them. … Continue reading Reklos and Davourlis v Greece: ECHR 15 Jan 2009
The claimant sought judicial review to test the validity of the bye-laws which prohibited them from camping on public land to support their demonstration. Held: The bye-laws violated the claimant’s right to freedom of assembly and of expression. The respondent’s objections to the camp were insubstantial and could not justify the interference. The camp had … Continue reading Tabernacle v Secretary of State for Defence: CA 5 Feb 2009
The applicant teacher was provided a flat by her school, which it in had leased from the Yugoslavian Army. That lease expired in 1990. She remained, paying rent to the school. Ultimately the Croatian State, which had assumed ownership of Yugoslavian Army property, obtained an order of possession from the Municipal Court. The basis was … Continue reading Cosic v Croatia: ECHR 15 Jan 2009
The defendant had been placed on the sex offenders’ register on conviction for fraudulent evasion of prohibitions on importing goods, by importing indecent photographs of children. He had maintained that he had not known of the exact nature of the content. Held: The objective of the notification requirements was the protection of children, and was … Continue reading Forbes v Secretary of State for the Home Department: CA 11 Jul 2006
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991
ECHR Article 8-1 Respect for private life Positive obligations Failure to protect complainant’s personal integrity in criminal proceedings concerning sexual abuse: violation Facts – In 2001, at the age of 14, the applicant was allegedly victim of repeated sexual assaults by a family friend, X. Following a criminal complaint by the applicant’s mother, investigations started … Continue reading Y v Slovenia: ECHR 28 May 2015
Appeals against orders for removal after applicants had each married after expiry of the period of their lawful stay. A conceded that her application fell outside the Rules, but said that it was an appropriate case for the exercise of discretion. Held: The appeals were dismissed. Judges: Longmore, Gloster, Sales LJJ Citations: [2015] EWCA Civ … Continue reading Agyarko and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 6 May 2015
The Attorney-General sought to restrain the publication of a book which she said would prejudice the defendants in a forthcoming criminal trial. The publisher said that a restraint would be a disproportionate interference in its Article 10 rights. Held: The court considered the proper reluctance to restrain an anticipated contempt of court. Judges: Tugendhat J … Continue reading Attorney General v Random House Group Ltd: QBD 15 Jul 2009
IAT ‘This case is one of the first to raise issues under section 65 of the Immigration and Asylum Act 1999. It requires the Tribunal to examine in particular certain aspects of the protection afforded by article 8 of the European Convention of Human Rights to the right to respect for private and family life … Continue reading Nhundu and Chiwera v Secretary of State for the Home Department (Zimbabwe): IAT 1 Jun 2001
The Court emphasised the duty of the press to impart information and ideas on matters of public interest, but noted that: ‘a fundamental distinction needs to be made between reporting facts – even if controversial – capable of contributing to a debate in a democratic society and making tawdry allegations about an individual’s private life’; … Continue reading Armonas v Lithuania: ECHR 25 Nov 2008
An application for an anti-social behaviour order against an individual was a civil, not a criminal proceeding. The standard of evidence required was on the balance of probability; the civil standard. Such proceedings were not subject to the additional protection of the human rights convention. Necessarily, the circumstances from which protection was sought were ones … Continue reading Regina v Manchester Crown Court, ex parte McCann and others: QBD 22 Nov 2000
Citations: 6164/09, [2010] ECHR 2059 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 July 2022; Ref: scu.427456
(The Committee on Professional Performance of the GMC) The distinction drawn in Krippendorf between a practitioner’s current competence and past performance was not to be taken too far. The purpose of the assessment was not to punish the practitioner, but to protect the public. The standard of proof was accordingly the civil standard of balance … Continue reading Sadler v The General Medical Council: PC 15 Jul 2003