Search Results for: European Convention on Human Rights 83

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Leclercq v France: ECHR 28 Nov 2000

Citations: 38398/97, [2000] ECHR 633, [2000] ECHR 642 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 September 2022; Ref: scu.212094

Kachel v Poland: ECHR 23 Sep 2008

Citations: 22930/05, [2008] ECHR 883 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 September 2022; Ref: scu.276599

Pirabakaran v Patel and Another: CA 26 May 2006

The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006

P.V. v France: ECHR 14 Nov 2000

Citations: 38305/97, [2000] ECHR 571, [2000] ECHR 573 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 September 2022; Ref: scu.212039

Regina (C) v Secretary of State for the Home Department: CA 15 May 2002

A mental health review tribunal had recommended the conditional release of the applicant, a restricted patient in a high security hospital. A community social worker’s report was only later made available to the tribunal. Held: There was no need for the matter to go to the Secretary of State for him to order a fresh … Continue reading Regina (C) v Secretary of State for the Home Department: CA 15 May 2002

OBG Ltd And Others v United Kingdom: ECHR 13 Nov 2009

Statement of Facts Citations: 48407/07 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – OBG Ltd OBG (Plant and Transport Hire) Ltd v Raymond International Ltd; OBG Ltd v Allen CA 9-Feb-2005 The defendants had wrongfully appointed receivers of the claimant, who then came into the business and terminated … Continue reading OBG Ltd And Others v United Kingdom: ECHR 13 Nov 2009

Alseran and Others v Ministry of Defence: QBD 14 Dec 2017

Judges: Leggatt J Citations: [2017] EWHC 3289 (QB), [2018] 3 WLR 95, [2017] WLR(D) 837 Links: Bailii, WLRD Statutes: Foreign Limitation Periods Act 1984, Cross-Border Mediation (EU Directive) Regulations 2011, Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015, Private International Law (Miscellaneous Provisions) Act 1995, European Convention on Human Rights, Human Right Act 1998 … Continue reading Alseran and Others v Ministry of Defence: QBD 14 Dec 2017

Kaplan v Austria: ECHR 18 Jan 2007

Citations: 45983/99, [2007] ECHR 59 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 September 2022; Ref: scu.248092

Vnuchko v Ukraine: ECHR 14 Dec 2006

Citations: 1198/04, [2006] ECHR 1083 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 September 2022; Ref: scu.248190

SS And Others v The United Kingdom (Dec): ECHR 21 Apr 2015

ECHR Article 14 Discrimination Alleged discrimination in entitlement to social security benefits of prisoners in psychiatric care compared to other persons detained for psychiatric treatment: inadmissible Facts – Under the relevant domestic legislation prisoners were not entitled to social security benefits while serving a prison sentence, including during any periods they were required to spend … Continue reading SS And Others v The United Kingdom (Dec): ECHR 21 Apr 2015

Zaytsev v Russia: ECHR 16 Nov 2006

Citations: 22644/02, [2006] ECHR 990 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 September 2022; Ref: scu.246683

Benkharbouche and Another v Embassy of The Republic of Sudan: CA 5 Feb 2015

The claimant had been an employee of a foreign diplomatic mission. He said that he was not debarred by the 1978 Act from bringing claims for unfair dismissal and breach of working time regulations, saying that any exemption would infringe his human rights. Held: (i) where there is a breach of a right afforded under … Continue reading Benkharbouche and Another v Embassy of The Republic of Sudan: CA 5 Feb 2015

Musuc v Moldova: ECHR 6 Nov 2007

Citations: 42440/06, [2007] ECHR 895 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 September 2022; Ref: scu.261283

Kariharan and Another, Regina (on the Application Of) v Secretary of State for Home Department: CA 15 Apr 2002

There is a right of appeal against removal directions under section 65 of the 1999 Act on the ground that removal would be in breach of a person’s human rights. Auld LJ was not impressed by an argument that a restrictive interpretation was necessary to prevent abuse. On the one hand a last-minute challenge would … Continue reading Kariharan and Another, Regina (on the Application Of) v Secretary of State for Home Department: CA 15 Apr 2002

Grant v The United Kingdom: ECHR 23 May 2006

The applicant, born male, had gender reassignment surgery at the age of 26. When she was approaching her 60th birthday she sought a state pension. This was refused on the grounds that she was, in law, male. Held: The 2004 Act had not been in force when the claimant began her action. The Court spoke … Continue reading Grant v The United Kingdom: ECHR 23 May 2006

Ryckie v Poland: ECHR 30 Jan 2007

Citations: 19583/05, [2007] ECHR 91, [2007] ECHR 417 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 September 2022; Ref: scu.248417

Shitikov v Russia: ECHR 30 Nov 2006

Citations: 10833/03, [2006] ECHR 1015 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 September 2022; Ref: scu.246887

Mansoor, Regina (on The Application of) v Secretary of State for The Home Department: Admn 23 Mar 2011

The claimant sought judicial review of the defendant’s decision not to allow her indefinite leave to remain in the UK with her husband and family. Held: On the facts presented, the interference with the applicant’s family life was such as to make it disproportionate under article 8 to remove her, notwithstanding that she was unable … Continue reading Mansoor, Regina (on The Application of) v Secretary of State for The Home Department: Admn 23 Mar 2011

Golder v The United Kingdom: ECHR 21 Feb 1975

G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975

Waite and Kennedy v Germany: ECHR 18 Feb 1999

The grant of immunity from the jurisdiction of the national court to an international organisation according to a long-standing practice essential for ensuring the proper functioning of these organisations free from unilateral interference by individual governments had a legitimate aim, measured up to the test of proportionality and did not involve a violation of article … Continue reading Waite and Kennedy v Germany: ECHR 18 Feb 1999

Holland v Lampen-Wolfe: HL 20 Jul 2000

The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state immunity. Held: A claim in libel was defeated by a claim of sovereign immunity. … Continue reading Holland v Lampen-Wolfe: HL 20 Jul 2000

Greens v The United Kingdom: ECHR 23 Nov 2010

The applicants alleged a violation of article 3 in the refusal to allow them to enrol on the electoral register whilst serving prison sentences. Held: Where one of its judgments raises issues of general public importance and sensitivity, in respect of which the national authorities enjoy a discretionary area of judgment, it may be appropriate … Continue reading Greens v The United Kingdom: ECHR 23 Nov 2010

MNB v News Group Newspapers Ltd: QBD 9 Mar 2011

The defendant resisted an order preventing disclosure of information said by the claimant to be private. Held: At the start of the hearing before herself, she had been told that the application for an interim injunction was no longer opposed. Subject to its right to apply to discharge or vary the order, NGN had agreed … Continue reading MNB v News Group Newspapers Ltd: QBD 9 Mar 2011

Hirst v The United Kingdom: ECHR 3 Dec 2009

(Resolutions) The court noted the long delay in the respondent in implementing the judgment of the court and giving prisoners voting rights, the present consultation and adjourned until March 2011 for further information. Citations: [2009] ECHR 2260, 4025/01 Links: Bailii Statutes: Representation of the People Act 1983 3, European Convention on Human Rights 3 Citing: … Continue reading Hirst v The United Kingdom: ECHR 3 Dec 2009

Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: Admn 3 Mar 2011

The claimant sought judicial review of her detention under section 2 of the 1983 Act. Held: The request was rejected. The tribunal had been correct to treat the original application as out of time. The Secretary of State’s decision was neither unreasonable nor in breach of her rights under the Convention, and an isolated failure … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: Admn 3 Mar 2011

P and Q v Surrey County Council: CA 28 Feb 2011

The appellant sisters, both with substantial learing disabilities appealed against a declaration that the arrangements made for their care by the respondent did not amount to a deprivation of their liberty. In either case, they would only be allowed to leave their residence under escort of a competent adult. Held: The appeals failed. Judges: Mummery, … Continue reading P and Q v Surrey County Council: CA 28 Feb 2011

Shindler v The United Kingdom: ECHR 20 Dec 2010

Statement of Facts Citations: 19840/09, [2010] ECHR 2222 Links: Bailii Statutes: European Convention on Human Rights, Representation of the People Act 1983 Cited by: Statement of Facts – Shindler v The United Kingdom ECHR 7-May-2013 Article 3 of Protocol No. 1VoteRestriction on voting rights of non-resident citizens: no violationFacts – The applicant, a British national, … Continue reading Shindler v The United Kingdom: ECHR 20 Dec 2010

Allen v The United Kingdom: ECHR 2 May 2006

Statement of facts Citations: 18837/06, [2006] ECHR 1165 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Statement of facts – Allen v The United Kingdom ECHR 30-Mar-2010 The applicant said that the fact that she had not been allowed to attend a bail hearing in person had infringed her article … Continue reading Allen v The United Kingdom: ECHR 2 May 2006

O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005

In each case litigants in person had sought to be allowed to have the assistance and services of a Mackenzie friend in children cases. In one case, the court had not allowed confidential documents to be disclosed to the friend. Held: The courts had been unhelpful to the parties appearing before them. If given access … Continue reading O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005

Regina (IH) v Secretary of State for the Home Department and Another: CA 15 May 2002

The applicant was a restricted mental patient. His conditional release had been ordered, but required a consultant psychiatrist to be found who would agree to supervise him. None such could be found, and his detention continued. After two years he contended that his continued detention infringed his human rights. Held: Campbell’s case required s73 to … Continue reading Regina (IH) v Secretary of State for the Home Department and Another: CA 15 May 2002

Regina v M (Witness Statement): CACD 20 Feb 2003

The defendant appealed his conviction for murder. The principal witness’ statement had been allowed to be read to the jury after the witness had claimed to be afraid of giving evidence. Held: There was no general principle which would operate against admitting evidence in this way. Luca did not establish a rule to which there … Continue reading Regina v M (Witness Statement): CACD 20 Feb 2003

Huseyin Habip Taskin v Turkey: ECHR 1 Feb 2011

The applicant complained that he had been denied the assistance of a lawyer during his police custody and that his police statement which had been taken in the absence of a lawyer had been used in his conviction by the trial court. Judges: Francoise Tulkens, President Citations: 5289/06, [2011] ECHR 159 Links: Bailii Statutes: European … Continue reading Huseyin Habip Taskin v Turkey: ECHR 1 Feb 2011

Savez Crkava (Rijec Zivota) And Others v Croatia: ECHR 9 Dec 2010

Judges: Christos Rozakis, P Citations: 7798/08, [2010] ECHR 1983, 30 BHRC 112, (2012) 54 EHRR 36, [2011] Eq LR 205 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – The Church of Jesus Christ of Latter-Day Saints v United Kingdom ECHR 4-Mar-2014 latterdayECHR0314 The claimant said that it had been wrongfully deprived … Continue reading Savez Crkava (Rijec Zivota) And Others v Croatia: ECHR 9 Dec 2010

Lyubov Efimenko v Ukraine: ECHR 25 Nov 2010

The applicant was the mother of a young man who was robbed and killed in an attack in a bar. He died on 6 June 1993, four years and three months before the Convention came into force in relation to Ukraine. Investigations were suspended shortly after his death, but resumed after the Convention had come … Continue reading Lyubov Efimenko v Ukraine: ECHR 25 Nov 2010

Nikiforov v Russia: ECHR 1 Jul 2010

Citations: 42837/04, [2010] ECHR 1021 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 August 2022; Ref: scu.420168

Babushkin v Russia: ECHR 18 Oct 2007

Citations: 67253/01, [2007] ECHR 833 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 August 2022; Ref: scu.259945

Machado v Secretary of State for the Home Deptment: CA 19 May 2005

At issue was a decision of the Home Secretary to deport on grounds of public policy a foreign national married to an EU national with a right of establishment in the United Kingdom. The substantive issue was whether the decision of the IAT to uphold the adjudicator’s rejection of an appeal against a decision to … Continue reading Machado v Secretary of State for the Home Deptment: CA 19 May 2005

Simizov v Bulgaria: ECHR 18 Oct 2007

Citations: 59523/00, [2007] ECHR 832 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 August 2022; Ref: scu.259979

Thomas and Others v Bridgend County Borough Council: UTLC 29 Jul 2010

UTLC COMPENSATION–whether the 3 year time limit provided by section 19(3) of the Land Compensation Act 1973 for making a claim for compensation in respect of depreciation in value of interest in land caused by the use of a highway is incompatible with the claimants’ Convention rights under article 1 of the First Protocol and/or … Continue reading Thomas and Others v Bridgend County Borough Council: UTLC 29 Jul 2010

AH v West London MHT: UTAA 29 Jul 2010

Prisoner in secure hospital – application for public hearig of request for discharge – refused Citations: [2010] UKUT 264 (AAC) Links: Bailii Statutes: Mental Health Act 1983, European Convention on Human Rights Jurisdiction: England and Wales Cited by: See Also – AH v West London MHT (J) UTAA 17-Feb-2011 Order for public hearing of detention … Continue reading AH v West London MHT: UTAA 29 Jul 2010

NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010

The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in Chapter III of the Regulation fall within the scope of … Continue reading NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010