Search Results for: European Convention on Human Rights Art 5

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Johnson, Regina (on The Application of) v Secretary of State for The Home Department: SC 19 Oct 2016

The court was asked: ‘Is it compatible with the European Convention on Human Rights to deny British citizenship to the child of a British father and a non-British mother simply because they were not married to one another at the time of his birth or at any time thereafter? If the parents had been married … Continue reading Johnson, Regina (on The Application of) v Secretary of State for The Home Department: SC 19 Oct 2016

JS and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: QBD 5 Nov 2013

The claimants challenged the benefits cap introduced under the 2012 Act, saying that it was discriminatory, affecting more women than men. Mr Eadie QC submitted on behalf of the Secretary of State that, as ‘an international instrument with no binding effect in English law’, the Convention had no bearing on the case. Held: That suggestion … Continue reading JS and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: QBD 5 Nov 2013

MM and Others v Secretary of State for The Home Department: Admn 5 Jul 2013

WLRD When applied to either recognised refugees or British citizens Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance to a party to a marriage where the income of the sponsor did not meet the minimum threshold, was a disproportionate interference with the right to respect … Continue reading MM and Others v Secretary of State for The Home Department: Admn 5 Jul 2013

Brogan and Others v United Kingdom (Article 50): ECHR 30 May 1989

ECHR Judgment (Just Satisfaction) – Non-pecuniary damage – finding of violation sufficient. Citations: [1989] ECHR 9, 11234/84, 11209/84, 11266/84 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Brogan and Others v The United Kingdom ECHR 29-Nov-1988 ECHR Judgment (Merits) – Violation of Art. 5-3; Violation of Art. … Continue reading Brogan and Others v United Kingdom (Article 50): ECHR 30 May 1989

Davidson v Revenue and Customs: Excs 25 Jul 2008

VDT EXCISE – seizure of vehicle and goods – whether seizure challenged – restoration refused – whether appeal against non-restoration of vehicle – whether decision not to restore goods proportionate – whether appellant entitled to raise issue of own use – whether abuse of process – No JURISDICTION – Whether criminal charge – Whether Magna … Continue reading Davidson v Revenue and Customs: Excs 25 Jul 2008

Secretary of State for the Home Department v AP: Admn 12 Aug 2008

The court reviewed the need for the control order made against AP. Judges: Keith J Citations: [2008] EWHC 2001 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005, European Convention on Human Rights 8 Jurisdiction: England and Wales Cited by: Appeal from – AP v Secretary Of State for the Home Department CA 15-Jul-2009 . … Continue reading Secretary of State for the Home Department v AP: Admn 12 Aug 2008

Chikwamba v Secretary of State for the Home Department: HL 25 Jun 2008

The appellant had fled Zimbabwe. Though her asylum application was refused, she was not returned for the temporary suspension of such orders to Zimbabwe. In the meantime she married and had a child. She now appealed an order for her removal citing human rights grounds. The respondent had a policy that the applicant must return … Continue reading Chikwamba v Secretary of State for the Home Department: HL 25 Jun 2008

Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006

The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006

Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department and Another: Admn 10 May 2006

The claimants had successfully brought judicial review of the defendant’s policies concluding that the defendant had unlawfully interfered with their right to family life by effectively preventing them marrying under the 2004 Act. They now sought damages. Judges: Silber J Citations: [2006] EWHC 1035 (Admin) Links: Bailii Statutes: European Convention on Human Rights 12 14, … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department and Another: Admn 10 May 2006

Baiai and Another, Regina (on the Application of) v Secretary of State for Home Department: Admn 16 Jun 2006

The 2004 Act and Regulations operated to prevent the claimant marrying. He succeeded in challenging the regulations, and now sought damages. Judges: Silber J Citations: [2006] EWHC 1454 (Admin), [2006] HRLR 39, [2007] 1 WLR 735, [2006] 4 All ER 555 Links: Bailii Statutes: European Convention on Human Rights 12 14, Immigration (Procedure for Marriage) … Continue reading Baiai and Another, Regina (on the Application of) v Secretary of State for Home Department: Admn 16 Jun 2006

Tuquabo-Tekle and Others v The Netherlands: ECHR 1 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection dismissed (estoppel); Violation of Art. 8; Pecuniary damage – claim dismissed; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings. Citations: [2006] 1 FLR 798, 60665/00, [2005] ECHR 803 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited … Continue reading Tuquabo-Tekle and Others v The Netherlands: ECHR 1 Dec 2005

Johansen v Norway: ECHR 14 Oct 1985

(Commission) A pacifist objected to civilian substitute service on the ground that it tended to uphold respect for military service. Held: The complaint was inadmissible. Referring to article 4(3)(b): ‘The Convention does not prevent a state from taking measures to enforce performance of civilian service, or from imposing sanctions on those who refuse such service.’ … Continue reading Johansen v Norway: ECHR 14 Oct 1985

SA (Article 8, Burden of Proof) Algeria: IAT 18 Jun 2008

AIT 1. Neither Boultif v Switzerland [2001] 33 EHRR 50 nor Amrollahi v Denmark (11 July 2002, BAILII: [2002] ECHR 585) is authority for the proposition that the burden of proof lies on the respondent to show that it is reasonable to expect an applicant’s family to accompany him to his own country of origin … Continue reading SA (Article 8, Burden of Proof) Algeria: IAT 18 Jun 2008

RU (Sri Lanka) v Secretary of State for the Home Department: CA 2 Jul 2008

The appellant, who is aged 38, appeals with the leave of this court against the decision of the Asylum and Immigration Tribunal rejecting his Article 8 claims on a redetermined appeal. Judges: Pill, Scott Baker, Richards LJJ Citations: [2008] EWCA Civ 753 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales … Continue reading RU (Sri Lanka) v Secretary of State for the Home Department: CA 2 Jul 2008

Demuth v Switzerland: ECHR 5 Nov 2002

The court considered the licensing system for television broadcasts in Switzerland and concluded that it was capable of contributing to the quality and balance of programmes through the powers conferred on the government. It was therefore consistent with the third sentence of paragraph 1 of Article 10. The Court emphasised the margin of appreciation afforded … Continue reading Demuth v Switzerland: ECHR 5 Nov 2002

Regina (Vemenac) v Secretary of State for the Home Department: Admn 17 Jul 2002

The applicant was a Serb from Croatia whose application for asylum was refused. On appeal to an adjudicator he also raised human rights issues but his appeal was dismissed. He later applied again for leave to remain on the basis of his relationship with a woman (invoking Article 8 of the European Convention) and by … Continue reading Regina (Vemenac) v Secretary of State for the Home Department: Admn 17 Jul 2002

Regina (on application of Thompson) v Central Criminal Court: Admn 6 Oct 2005

Collin J considered the relation between the withholding of bail and human rights law saying: ‘The approach under the Bail Act is entirely consistent with the approach of the European Court as regarded proper under Article 5, namely there must be a grant of bail unless there are good reasons to refuse. The approach therefore … Continue reading Regina (on application of Thompson) v Central Criminal Court: Admn 6 Oct 2005

YG (China) v Secretary of State for the Home Department: CA 14 Apr 2008

Application for permission to appeal from Asylum and Immigration Tribunal refusing application by YG (China) to remain in the United Kingdom on Article 8 grounds. Birth of child after entry. Judges: Pill LJ Citations: [2008] EWCA Civ 530 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales Immigration, Human Rights Updated: … Continue reading YG (China) v Secretary of State for the Home Department: CA 14 Apr 2008

Secretary of State for the Home Department v JN: CA 14 May 2008

The Secretary of State appealed against a declaration that paragraph 3(2)(b) of Part 2 of Schedule 3 to the 2004 Act was incompatible with Article 3. The clause was said to restrict the Home Secretary from considering anything beyond the country guidance applicable to the case when deciding whether to order the failed asylum applicant’s … Continue reading Secretary of State for the Home Department v JN: CA 14 May 2008

Huber v Bundesrepublik Deutschland (European Citizenship): ECJ 3 Apr 2008

ECJ An Austrian businessman who had moved to Germany complained that storing data relating to him in a central register of foreign nationals discriminated against him as there was no such database for German nationals. Advocate General Poiares Maduro pointed out that: ‘The concept of necessity has a long history in Community law and is … Continue reading Huber v Bundesrepublik Deutschland (European Citizenship): ECJ 3 Apr 2008

McDonald v McDonald and Others: SC 15 Jun 2016

Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. The receivers began possession proceedings, and a possession order was made and confirmed. She appealed saying … Continue reading McDonald v McDonald and Others: SC 15 Jun 2016

Officer L, Re Application for Judicial Review: CANI 5 Feb 2007

Police officers were to give evidence before the Hamill Inquiry into events in Northern Ireland, but feared that if they were assiociated through the inquiry with the events, they would be under a threat of terrorist reprisal. They therefore sought anonymity. The tribunal now appealed the grant of anonymity. Held: The appeal was refused. It … Continue reading Officer L, Re Application for Judicial Review: CANI 5 Feb 2007

Micallef v Malta: ECHR 15 Oct 2009

‘The Court reiterates that for Article 6(1) in its ‘civil’ limb to be applicable, there must be a dispute over a ‘civil right’ which can be said, at least on arguable grounds, to be recognised under domestic law’ Preliminary proceedings or what are referred to as ‘interim measures’ do not normally determine civil rights Citations: … Continue reading Micallef v Malta: ECHR 15 Oct 2009

Shabelnik v Ukraine: ECHR 15 Jan 2008

Citations: 16404/03, [2008] ECHR 111 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Shabelnik v Ukraine ECHR 19-Feb-2009 A suspect’s position will have been substantially affected as soon as the suspicion against him is being seriously investigated and the prosecution case compiled: ‘The manner in which article 6(1) and (3)(c) … Continue reading Shabelnik v Ukraine: ECHR 15 Jan 2008

Begum, Regina (on the Application of) v Denbigh High School: Admn 15 Jun 2004

A schoolgirl complained that she had been excluded from school for wearing a form of attire which accorded with her Muslim beliefs. Held: The school had made great efforts to establish what forms of wear were acceptable within the moslem community, and set uniform standards accordingly. However sincere her religious beliefs, the claimant had chosen … Continue reading Begum, Regina (on the Application of) v Denbigh High School: Admn 15 Jun 2004

Regina (Bernard and Another) v Enfield Borough Council: Admn 25 Oct 2002

The claimants were husband and wife. They had six children. The wife was severely disabled and confined to a wheelchair. The defendant Council provided the family with a small house but in breach, as they ultimately accepted, of section 21(1) (a) of the National Assistance Act, failed to provide the family with accommodation suited to … Continue reading Regina (Bernard and Another) v Enfield Borough Council: Admn 25 Oct 2002

Stoian v Romania: ECHR 25 Jun 2019

ECHR Judgment : No Article 8 – Right to respect for private and family life : Fourth Section Committee Citations: 289/14, [2019] ECHR 487 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 July 2022; Ref: scu.638920

Blaj and Others v Court of Alesd, Romania and Others: Admn 17 Jun 2015

Whether extradition of the three appellants to Romania pursuant to European Arrest Warrants would be contrary to their rights under Article 3 of the European Convention on Human Rights because of the conditions in prisons in Romania. Judges: Lord Justice Aikens Citations: [2015] EWHC 1710 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition, Human Rights … Continue reading Blaj and Others v Court of Alesd, Romania and Others: Admn 17 Jun 2015

Taranenko v Russia: ECHR 15 May 2014

The Court considered the question of the proportionality of a sentence imposed for crime committed in the course of peaceful protest. Citations: 19554/05 – Chamber Judgment, [2014] ECHR 485 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Full Judgment – Taranenko v Russia (Summary) ECHR 15-May-2014 Article 10-1 Freedom of … Continue reading Taranenko v Russia: ECHR 15 May 2014

Taranenko v Russia (Summary): ECHR 15 May 2014

Article 10-1 Freedom of expression Article 11-1 Freedom of peaceful assembly One year’s detention pending trial and three year suspended sentence prison for involvement in protest against President: violation Facts – In December 2004 the applicant was arrested at the scene of a protest action against Presidential policies. She was part of a group of … Continue reading Taranenko v Russia (Summary): ECHR 15 May 2014

Muslim v Turkey: ECHR 26 Apr 2005

ECHR Judgment (Merits) – Violation of Art. 3 if deportation order executed; Not necessary to examine Art. 2; Not necessary to examine Art. 13; No violation of Art. 3; No violation of Art. 8. Citations: 53566/99, [2005] ECHR 260 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 July … Continue reading Muslim v Turkey: ECHR 26 Apr 2005

Wright and Another, Regina (on the Application of) v Secretary of State for the Home Department: Admn 20 Jun 2001

The claimant’s alleged that the respondents’ medical treatment of the deceased whilst in prison had been so poor to infringe his human rights. Judges: Jackson J Citations: [2001] EWHC Admin 520 Links: Bailii Statutes: European Convention on Human Rights Prisons, Human Rights Updated: 12 July 2022; Ref: scu.263512

Savage v South Essex Partnership NHS Foundation Trust and Another: CA 21 Dec 2007

The claimant said that the defendant hospital had been negligent in failing to prevent her daughter escaping from the mental hospital at which she was detained and committing suicide. Held: The status of a detained mental patient was more akin to that of a prisoner than of a patient because of the control exercised and … Continue reading Savage v South Essex Partnership NHS Foundation Trust and Another: CA 21 Dec 2007

Dickson and Another v United Kingdom: ECHR 15 Dec 2007

(Grand Chamber) The complainants were husband and wife. They had been married whilst the husband served a sentence of life imprisonment. They had been refused suport for artificial insemination treatment. Held: The claim succeeded. The refusal infringed their human right to family and private life. The refusal had been on the basis that the couple’s … Continue reading Dickson and Another v United Kingdom: ECHR 15 Dec 2007

Smith And Grady v United Kingdom (Article 41): ECHR 25 Jul 2000

Citations: 33986/96, [2000] ECHR 384, 33985/96 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Smith and Grady v The United Kingdom ECHR 27-Sep-1999 The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. … Continue reading Smith And Grady v United Kingdom (Article 41): ECHR 25 Jul 2000

AG (Eritrea) v Secretary of State for the Home Department: CA 20 Nov 2007

The threshold requirement referable to the nature of the consequences was ‘not a specially high one’ Sedley LJ discussed the Huang case: ‘The effect of their Lordships’ decision (and, if we may say so, the intended effect of this court’s decision) in Huang has thus not been to introduce a new interpretation of article 8 … Continue reading AG (Eritrea) v Secretary of State for the Home Department: CA 20 Nov 2007

KD v Chief Constable of Hampshire: QBD 23 Nov 2005

The claimant’s daughter had made a complaint of rape. She alleged that she was sexually harassed by the investigating police officer, and sought damages also from the defendant, his employer. The officer denied that anything improper or non-consensual had taken place. Held: The taking of the statements was a course of conduct and was plainly … Continue reading KD v Chief Constable of Hampshire: QBD 23 Nov 2005

Ulusoy v Turkey: ECHR 25 Jun 2019

ECHR Judgment : No Article 8 – Right to respect for private and family life : Second Section Citations: 54969/09, [2019] ECHR 485 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 July 2022; Ref: scu.638925

Pfeifer v Austria: ECHR 15 Nov 2007

The right to protect one’s honour and reputation is to be treated as falling within the protection of Article 8: ‘a person’s reputation, even if that person is criticised in the context of a public debate, forms part of his or her personal identity and psychological integrity.’ Citations: 12556/03, [2007] ECHR 935, (2007) 48 EHRR … Continue reading Pfeifer v Austria: ECHR 15 Nov 2007

The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007

The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion. Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an employee. ‘The religious beliefs of a community may be such that their manifestation does not … Continue reading The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007

Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2): HL 27 Jul 2000

The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict liability, and the governor was liable in damages even though he had … Continue reading Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2): HL 27 Jul 2000

Privacy International, Regina (on The Application of) v Investigatory Powers Tribunal and Others: SC 15 May 2019

The Court was asked whether the actions of the Investigatory Powers Tribunal were amenable to judicial review: ‘what if any material difference to the court’s approach is made by any differences in context or wording, and more particularly the inclusion, in the parenthesis to section 67(8), of a specific reference to decisions relating to ‘jurisdiction’?’ … Continue reading Privacy International, Regina (on The Application of) v Investigatory Powers Tribunal and Others: SC 15 May 2019

Hartford King v The United Kingdom: ECHR 13 May 2008

The claimant alleged discrimination in the non payment to him of the Widow’s Bereavement Tax Allowance. Citations: 67122/01, [2008] ECHR 495 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights, Discrimination, Income Tax Updated: 12 July 2022; Ref: scu.270075

QX v Secretary of State for The Home Department: Admn 15 May 2020

Challenge to Temporary Exclusion Order. Held: The concept of ‘civil rights and obligations’ cannot be interpreted solely by reference to national law but has an autonomous meaning within article 6(1) Citations: [2020] EWHC 1221 (Admin), [2020] WLR(D) 291 Links: Bailii, WLRD Statutes: Counter-Terrorism and Security Act 2015 11(2)(d), European Convention on Human Rights 6, Data … Continue reading QX v Secretary of State for The Home Department: Admn 15 May 2020

QX v Secretary of State for The Home Department: Admn 21 Sep 2020

Whether the present proceedings breach the claimant’s right to a fair trial under article 6 of the Convention. The claimant applied for a review of two of the obligations imposed on him after his return to the United Kingdom under a Temporary Exclusion Order. The obligations are made under section 9 of ‘the 2015 Act. … Continue reading QX v Secretary of State for The Home Department: Admn 21 Sep 2020

Can v Turkey: ECHR 25 Sep 2018

ECHR Judgment : Article 14+8-1 – Prohibition of discrimination : Second Section Committee Citations: 2437/08, [2018] ECHR 768 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 July 2022; Ref: scu.628744

Veli-Makri and Others v Greece: ECHR 10 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award. Citations: 72267/01, [2005] ECHR 98 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 July 2022; Ref: scu.277215

Graczyk v Poland: ECHR 15 May 2007

Citations: 38340/04, [2007] ECHR 494 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Graczyk v Poland ECHR 18-Jan-2011 The applicant complained, among other articles, under Article 3 of the Convention about the conditions of his nearly 2 year long detention in Sosnowiec Remand Centre. . . Lists of cited by … Continue reading Graczyk v Poland: ECHR 15 May 2007

Secretary of State for the Home Department v Baiai and others: CA 23 May 2007

The claimants challenged rules which meant that certain immigrants subject to immigration control were unable to marry, save only those marrying according to the rites of the Church of England. Held: The rules were not justified by evidence that a sufficient number of sham marriages, or that the number of such marriages had any overall … Continue reading Secretary of State for the Home Department v Baiai and others: CA 23 May 2007

Kalliri-Giannikopoulou and Others v Greece: ECHR 10 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 as regard to the fairness of the proceedings, and under P1-1; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses (Convention proceedings) – claim rejected. … Continue reading Kalliri-Giannikopoulou and Others v Greece: ECHR 10 Feb 2005

Maaouia v France: ECHR 5 Oct 2000

A deportation order, made against a Tunisian, was eventually quashed by the French Administrative Court and the Article 6 complaints related to the length of time taken in the proceedings. The Court’s reasoning why Article 6 does not apply to procedures for the expulsion of aliens was: ‘the decision whether or not to authorise an … Continue reading Maaouia v France: ECHR 5 Oct 2000

Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The material was withheld in the interests of national security. Held: The failure to supply the defendants with … Continue reading Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening): HL 12 Nov 2008

(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading treatment, and that the police had given undue weight to the right to demonstrate. … Continue reading Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening): HL 12 Nov 2008

Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions: HL 1991

The applicant had left the USA after conviction, but before his prison term commenced, and a warrant issued. Nine years later he was arrested in the UK, and extradition sought. He said that the extradition was time-barred under the Order. The magistrates, and divisional court rejected the argument saying his claim was an abuse of … Continue reading Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions: HL 1991

Regina v Secretary of State for Home Department ex parte Launder: Admn 6 Aug 1996

The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. Citations: Times 29-Oct-1996, [1996] EWHC Admin 60 Statutes: Extradition Act 1989 12 Jurisdiction: England and Wales Citing: Cited – Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions HL 1991 The … Continue reading Regina v Secretary of State for Home Department ex parte Launder: Admn 6 Aug 1996

Es v Austria: ECHR 25 Oct 2018

ECHR Judgment : No Article 10 – Freedom of expression-{general} : Fifth Section Citations: 38450/12, [2018] ECHR 891 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 July 2022; Ref: scu.628796

Onat v Turkey: ECHR 25 Sep 2018

ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 26826/10, [2018] ECHR 767 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 July 2022; Ref: scu.628753

Secretary of State for the Home Department v E: Admn 16 Feb 2007

The claimant challenged a control order made against him, saying that the respondent had renewed the order despite failing to keep under review the possibility of prosecuting him, and that his mental health had suffered as a result of the order and that that had not been taken account of. Held: Ony very limited weight … Continue reading Secretary of State for the Home Department v E: Admn 16 Feb 2007

Connolly v Director of Public Prosecutions: Admn 15 Feb 2007

The defendant appealed against her conviction under the Act for having sent indecent or grossly offensive material through the post in the form of pictures of an aborted foetus sent to pharmacists. She denied that they were offensive, or that she wished to cause distress, and said she wished to educate the pharmacists as to … Continue reading Connolly v Director of Public Prosecutions: Admn 15 Feb 2007

FP (Iran) v Secretary of State for the Home Department: CA 23 Jan 2007

The claimants said that rules which allowed an appeal tribunal to proceed in their absence when they were absent through no fault of their own, were unlawful in depriving them of a fair trial. The claimants had each moved house but their former solicitors had failed to notify the court. Held: There was no general … Continue reading FP (Iran) v Secretary of State for the Home Department: CA 23 Jan 2007

Yousef v The Netherlands: ECHR 5 Nov 2002

In ‘judicial decisions where the rights under article 8 of parents and of a child are at stake, the child’s rights must be the paramount consideration.’ Judges: J-P Costa, P Citations: [2003] 1 FLR 210, 33711/96, (2003) 36 EHRR 20, [2002] ECHR 716 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 8.1 Jurisdiction: Human … Continue reading Yousef v The Netherlands: ECHR 5 Nov 2002

In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return. Held: The mother’s appeal succeeded. The Convention required an order to be made for the return of a child only where the parent … Continue reading In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

LD (Article 14; Same-Sex Relationships) Brazil: IAT 10 Sep 2006

Prior to the coming into force of the Civil Partnership Act 2004, it was not a breach of art 14 of the ECHR amounting to unlawful discrimination on the ground of sexual orientation to refuse to grant leave to a person in a same-sex relationship who could not satisfy the requirements of the Immigration Rules … Continue reading LD (Article 14; Same-Sex Relationships) Brazil: IAT 10 Sep 2006

Murungaru v Secretary of State for the Home Department and others: Admn 4 Oct 2006

The claimant challenged the decision of the respondent that his continued presence in the UK would not be conducive to the public good. He had been given multiple entry visas which had been revoked. Held: The refusal of entry interfered with the peaceful enjoyment of the claimant’s possessions (the right to obtain medical treatment), under … Continue reading Murungaru v Secretary of State for the Home Department and others: Admn 4 Oct 2006

Stoll v Switzerland: ECHR 25 Apr 2006

(In french) Citations: 69698/01, [2006] ECHR 476 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Cited by: See Also – Stoll v Switzerland ECHR 7-Feb-2007 Grand Chamber – Press release . .See Also – Stoll v Switzerland ECHR 10-Dec-2007 Grand Chamber – The applicant alleged that his conviction for publishing ‘secret official deliberations’ had … Continue reading Stoll v Switzerland: ECHR 25 Apr 2006

Martinie v France: ECHR 12 Apr 2006

The Grand Chamber said: ‘The Court reiterates that the public character of proceedings before the judicial bodies referred to in art 6(1) protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts, superior and inferior, can be maintained. By rendering … Continue reading Martinie v France: ECHR 12 Apr 2006

Duzel v Turkey: ECHR 25 Sep 2018

ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 64375/12, [2018] ECHR 765 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 July 2022; Ref: scu.628747

Ayaydin v Turkey: ECHR 25 Sep 2018

ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 20509/10, [2018] ECHR 754 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 July 2022; Ref: scu.628742

Hirst v Secretary of State for the Home Department: CA 6 Jul 2006

The prisoner had been released on licence but then recalled. He complained that the procedure infringed his human rights. He had been convicted of manslaughter, and was seen to be a long term danger. The court awarded him compensation saying that the parole board had unduly delayed in informing him of the reasons for his … Continue reading Hirst v Secretary of State for the Home Department: CA 6 Jul 2006

Sigurthor Arnarsson v Iceland: ECHR 15 Jul 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe applicant had been acquitted of the criminal charge against him at first instance. This decision was reversed on appeal by the Supreme Court after an oral hearing at which it … Continue reading Sigurthor Arnarsson v Iceland: ECHR 15 Jul 2003

A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004

The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004

Austin and Another v The Commissioner of Police of the Metropolis: QBD 23 Mar 2005

The claimants had variously been attending a demonstration in London, or passing through. The police detained them in a cordon for several hours. They sought damages. No unlawful acts were alleged against them. Held: There was no deprivation of liberty during the initial period when the cordon was not absolute and people were free to … Continue reading Austin and Another v The Commissioner of Police of the Metropolis: QBD 23 Mar 2005

Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006

The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006

Capital Bank Ad v Bulgaria: ECHR 24 Nov 2005

The courts of Bulgaria had decided that, on a winding-up petition, the question of the company’s insolvency was determined by a decision of the Central Bank of Bulgaria to revoke the company’s banking licence because it was insolvent. It had been held by the Bulgarian Supreme Court that the Central Bank’s decision to that effect … Continue reading Capital Bank Ad v Bulgaria: ECHR 24 Nov 2005

Christian Democratic People’s Party v Moldova: ECHR 14 Feb 2006

Citations: 28793/02, [2006] ECHR 132 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006 The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant … Continue reading Christian Democratic People’s Party v Moldova: ECHR 14 Feb 2006

Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

Pisk-Piskowski v Poland: ECHR 14 Jun 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 8; Remainder inadmissible; Not necessary to examine under Art. 34; Non-pecuniary damage – finding of violation sufficient. Citations: 92/03, [2005] ECHR 392 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; Ref: scu.230666

Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005

The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005

Sl and others (Returning Sikhs and Hindus) Afghanistan CG: IAT 7 Oct 2005

IAT Afghanistan – country guidance as to whether as a class Afghan Sikhs and Hindus are entitled to international surrogate protection – Held: (1) there is no evidence to support the claim that the Afghan Sikh and Hindu minorities in Afghanistan are persecuted or treated in breach of their protected human rights under Article 3 … Continue reading Sl and others (Returning Sikhs and Hindus) Afghanistan CG: IAT 7 Oct 2005

Maurice v France: ECHR 6 Oct 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; No separate issue under Art.14 in conjunction with P1-1; No separate issue under Art. 6-1; No violation of Art. 13; No violation of Art. 8; Costs and expenses partial award – Convention and domestic proceedings; Just satisfaction reserved. Citations: 11810/03, [2005] ECHR 683 Links: Worldlii, … Continue reading Maurice v France: ECHR 6 Oct 2005

Shannon v The United Kingdom: ECHR 4 Oct 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary and non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.The defendant had already been charged with offences when he was called for interview and obliged to answer questions from a financial investigator. His answers would have been admissible at … Continue reading Shannon v The United Kingdom: ECHR 4 Oct 2005

Rey And Others v France: ECHR 5 Oct 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses (Convention proceedings) – claim rejected. Citations: 68406/01;68412/01;68408/01;…, [2004] ECHR 486 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; … Continue reading Rey And Others v France: ECHR 5 Oct 2004