Search Results for: European Convention on Human Rights Art 5

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PM v The United Kingdom: ECHR 19 Jul 2005

A father complained that tax deductions which were granted to married fathers but not to unmarried fathers were discriminatory. He had paid maintenance for his daughter, but was not allowed to set the payments off against his income tax in the way he would have if he and the mother had been married. Held: There … Continue reading PM v The United Kingdom: ECHR 19 Jul 2005

Podbielski And Ppu Polpure v Poland: ECHR 26 Jul 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 – Convention proceedings.‘However, restrictions applied which are of a purely financial nature and which . . are completely unrelated to the merits of an appeal or its prospects of … Continue reading Podbielski And Ppu Polpure v Poland: ECHR 26 Jul 2005

Forbes v Secretary of State for the Home Department: QBD 26 Jul 2005

The defendant argued that the 2003 Act was in breach of his article 8 rights. He had been registered as a sex offender, but the offence for which he had been convicted involved no proof of intention. Held: The claimant having brought the proceedings, his name was not to be withheld. The substantial point was … Continue reading Forbes v Secretary of State for the Home Department: QBD 26 Jul 2005

Regina on the Application of Ruslanas Bagdanavicius, Renata Bagdanaviciene v Secretary of State for the Home Department: CA 11 Nov 2003

Failed Roma asylum applicants challenged an order for their return to Lithuania. There had been family objections to the mixed marriage leaving them at risk of violence from the local mafia, and an order for their return would infringe their article 3 rights. Held: The threshold of risk test which was to be applied in … Continue reading Regina on the Application of Ruslanas Bagdanavicius, Renata Bagdanaviciene v Secretary of State for the Home Department: CA 11 Nov 2003

Varhan v Turkey: ECHR 25 Sep 2018

ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 2433/12, [2018] ECHR 758 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 July 2022; Ref: scu.628758

Vlahov v Croatia: ECHR 5 May 2022

ECHR Judgment : Article 11 – Freedom of assembly and association : First Section Citations: 31163/13, [2022] ECHR 346 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July 2022; Ref: scu.677886

Regina on the Application of Rozo v Snaresbrook Crown Court and the Director of Public Prosecutions: Admn 6 Jan 2005

An application for bail was based on more general Article 5 grounds, and the learned judge was pressed with the need for him to have regard to Article 5 and to approach the matter on the basis that Article 5 applied. Judges: Gray J Citations: [2005] EWHC 75 (Admin). Statutes: European Convention on Human Rights … Continue reading Regina on the Application of Rozo v Snaresbrook Crown Court and the Director of Public Prosecutions: Admn 6 Jan 2005

Wildman, Regina (on the Application of) v The Office of Communications: Admn 25 Jul 2005

The claimant sought judicial review of an order quashing the decision of the Office of Communications to refuse a radio licence. Held: The court should be very cautious before quashing a decision as to the allocation of broadcasting licences. It was OfCom to which the responsibility for making such a decision had been given. Its … Continue reading Wildman, Regina (on the Application of) v The Office of Communications: Admn 25 Jul 2005

Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005

The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays. Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, so far as working hours are concerned, an employer is entitled to keep … Continue reading Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005

Uner v The Netherlands: ECHR 5 Jul 2005

Where a court considered the expulsion of a non-national who was long settled but had been convicted of criminal offences, the interest and well-being of any child of the family must be considered. Citations: 46410/99, [2005] ECHR 464, (2006) 45 EHRR 421 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: Human Rights … Continue reading Uner v The Netherlands: ECHR 5 Jul 2005

Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005

(Gibraltar) The appellants sought to argue that the failure to allow an acquitted defendant any possible order for costs was a breach of the Constitution. Held: Section 8 of the Constitution, like its analogue article 6 of the European Convention, seeks to guarantee the procedural fairness of the criminal process. Though the Convention is not … Continue reading Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005

Martinez Sala And Others v Spain: ECHR 2 Nov 2004

ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 3 regarding the allegations of ill-treatments; Violation of Art. 3 regarding the lack of effective investigation; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses partial award – Convention proceedings. ECHR Court found that the Spanish authorities had … Continue reading Martinez Sala And Others v Spain: ECHR 2 Nov 2004

Buzatu v Romania: ECHR 27 Jan 2005

ECHR Judgment (Just Satisfaction) – Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings. Citations: 34642/97, [2005] ECHR 40 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Buzatu v Romania ECHR 1-Jun-2004 . . Lists of cited by … Continue reading Buzatu v Romania: ECHR 27 Jan 2005

Anagnostopoulos v Greece: ECHR 10 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of Art. 13; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses partial award – Convention proceedings. Citations: 37429/02, [2005] ECHR 95 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6.1 Jurisdiction: Human Rights Human … Continue reading Anagnostopoulos v Greece: ECHR 10 Feb 2005

Sciacca v Italy: ECHR 11 Jan 2005

The court was asked whether the applicant’s rights under Article 8 had been infringed by the release to the press of an identity photograph taken of her by the Italian Revenue Police while she was under arrest and investigation for various criminal offences. It was a ‘vertical’ application of Article 8. Revenue police compiled a … Continue reading Sciacca v Italy: ECHR 11 Jan 2005

Fociac v Romania: ECHR 3 Feb 2005

ECHR Judgment (Merits) – No violation of Art. 6-1 with regard to the non-execution; Inadmissible under Art. 6-1 with regard to the length of the proceedings, and under Art. 13. Citations: 2577/02, [2005] ECHR 55 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 01 July 2022; Ref: scu.227584

Partidul Comunistilor (Nepeceristi) And Ungureanu v Romania: ECHR 3 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 11; Not necessary to examine Art. 14; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award. Citations: 46626/99, [2005] ECHR 58 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 11 Human Rights Updated: 01 July 2022; … Continue reading Partidul Comunistilor (Nepeceristi) And Ungureanu v Romania: ECHR 3 Feb 2005

Crowther v The United Kingdom: ECHR 1 Feb 2005

The applicant complained of the delay by the Customs and Excise in enforcing a confiscation order against him of four years. Held: The respondent had allowed almost four years to pass after the liability had been incurred without taking any steps to enforce the order. That deal did infringe the applicant’s human rights. The defendant … Continue reading Crowther v The United Kingdom: ECHR 1 Feb 2005

Andreadaki 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 Andreadaki and Others v Greece: ECHR 10 Feb 2005

Beller v Poland: ECHR 1 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Not necessary to examine P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings. Citations: 51837/99, [2005] ECHR 44 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 01 July 2022; … Continue reading Beller v Poland: ECHR 1 Feb 2005

Sukhorubchenko v Russia: ECHR 10 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to access to a court; Not necessary to examine Art. 6-1 with regard to the length of the proceedings; Not necessary to examine Art. 13; No violation of P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award. Citations: 69315/01, [2005] … Continue reading Sukhorubchenko v Russia: ECHR 10 Feb 2005

Blum v Austria: ECHR 3 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 with regard to impartiality and lack of an oral hearing before the Administrative Court, and under Arts. 6-2 and 6-3; Pecuniary damage – claim rejected; Costs and expenses (domestic proceedings) – claim … Continue reading Blum v Austria: ECHR 3 Feb 2005

Fehr v Austria: ECHR 3 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 with regard to impartiality and under Art. 6-2; Pecuniary damage – claim rejected; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 19247/02, [2005] … Continue reading Fehr v Austria: ECHR 3 Feb 2005

Quemar v France: ECHR 1 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 (domestic proceedings) – claim dismissed; Costs and expenses partial award – Convention proceedings. Citations: 69258/01, [2005] ECHR 49 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: … Continue reading Quemar v France: ECHR 1 Feb 2005

Kolasinski v Poland: ECHR 1 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 – Convention proceedings. Citations: 46243/99, [2005] ECHR 48 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 01 July 2022; Ref: scu.227595

Riepl v Austria: ECHR 3 Feb 2005

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 award – Convention proceedings. Citations: 37040/02, [2005] ECHR 59 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 01 July 2022; Ref: scu.227600

Indra v Slovakia: ECHR 1 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection dismissed (non-exhaustion of domestic remedies); Violation of Art. 6-1 with regard to impartiality; Not necessary to examine under Art. 6-1 with regard to fairness; Not necessary to examine under Art. 13; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses … Continue reading Indra v Slovakia: ECHR 1 Feb 2005

Frangy v France: ECHR 1 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 6-1 concerning access to investigation files; Violation of Art. 6-1 concerning length of proceedings; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim dismissed; Costs and expenses partial award – Convention proceedings. Citations: 42270/98, [2005] ECHR 46 Links: Worldlii, Bailii Statutes: … Continue reading Frangy v France: ECHR 1 Feb 2005

Thaler v Austria: ECHR 3 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 58141/00, [2005] ECHR 63 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human … Continue reading Thaler v Austria: ECHR 3 Feb 2005

Ziliberberg v Moldova: ECHR 1 Feb 2005

The court observed that: ‘the right to freedom of assembly is a fundamental right in a democratic society and, like the right to freedom of expression, is one of the foundations of such a society.’ it is possible to distinguish between interferences which ‘encroach on the essence of the right’ and interferences which impact on … Continue reading Ziliberberg v Moldova: ECHR 1 Feb 2005

Biyan v Turkey: ECHR 3 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 3; Violation of Art. 6-1; Not necessary to examine Art. 6-3; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award. Citations: 56363/00, [2005] ECHR 52 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 3 6-1 Human Rights Updated: … Continue reading Biyan v Turkey: ECHR 3 Feb 2005

Isayeva, Yusupova And Bazayeva v Russia: ECHR 24 Feb 2005

ECHR Judgment (Merits and Just Satisfaction). The court considered the duties of a signatory state under article 2 when taking substantial military actions against insurgents. Citations: 57949/00, [2005] ECHR 129, 57947/00, 57948/00, (2005) 41 EHRR 39 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 2 Jurisdiction: Human Rights Cited by: Cited – Smith, Regina … Continue reading Isayeva, Yusupova And Bazayeva v Russia: ECHR 24 Feb 2005

Beet And Others v The United Kingdom: ECHR 1 Mar 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-1 with regard to one applicant; Violation of Art. 5-5 with regard to one applicant; Violation of Art. 6-1+6-3-c with regard to four applicants; Non-pecuniary damage – financial award (with regard to one applicant); Non-pecuniary damage – finding of violation sufficient (with regard to four … Continue reading Beet And Others v The United Kingdom: ECHR 1 Mar 2005

Chmelir v The Czech Republic: ECHR 7 Jun 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings. Citations: 64935/01, [2005] ECHR 364 Links: Worldlii, Bailii, Bailii Statutes: European Convention on Human Rights Cited by: See Also – Chmelir v The Czech … Continue reading Chmelir v The Czech Republic: ECHR 7 Jun 2005

Scordino v Italy (3): ECHR 17 May 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; Just satisfaction reserved. Citations: 43662/98, [2005] ECHR 294 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: See Also – Scordino v Italy (No. 2) ECHR 15-Jul-2004 . . See Also – Scordino v Italy ECHR 29-Jul-2004 (French Text) Grand Chamber. In the context … Continue reading Scordino v Italy (3): ECHR 17 May 2005

Sisojeva And Others v Latvia: ECHR 16 Jun 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 8; No violation of Art. 34; Non-pecuniary damage – financial award; Costs and expenses – claim rejected. Citations: 60654/00, [2005] ECHR 405, [2005] ECHR 923 Links: Worldlii, Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – AXA General Insurance … Continue reading Sisojeva And Others v Latvia: ECHR 16 Jun 2005

Fox, Campbell And Hartley v The United Kingdom: ECHR 27 Mar 1991

ECHR Judgment (Just Satisfaction) – Costs and expenses award – Convention proceedings; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient. Citations: [1991] ECHR 27, 12245/86, 12244/86, 12383/86 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: See Also – Fox, Campbell and Hartley v The United Kingdom ECHR 30-Aug-1990 The … Continue reading Fox, Campbell And Hartley v The United Kingdom: ECHR 27 Mar 1991

Blackstock v The United Kingdom: ECHR 21 Jun 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-4; Violation of Art. 5-5; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.The claimant was a prisoner serving a life sentence. He complained that the delays in considering the move towards his being detained in more open conditions, and the … Continue reading Blackstock v The United Kingdom: ECHR 21 Jun 2005

PK (Article 8, Return, Marriage-Refugee) Democratic Republic of Congo: IAT 13 Nov 2002

The Appellant is a citizen of the Democratic Republic of Congo (DRC). He has been given leave to appeal the determination of an Adjudicator dismissing his appeal against the Respondent’s decision to give directions for his removal from the United Kingdom and to refuse asylum. Judges: Moulden Ch Citations: [2002] UKIAT 05220 Links: Bailii Statutes: … Continue reading PK (Article 8, Return, Marriage-Refugee) Democratic Republic of Congo: IAT 13 Nov 2002

Kugathas v Secretary of State for the Home Department: CA 21 Jan 2003

Sedley LJ considered the circumstances where the Secretary of state should take into account the defendant’s article 8 human rights when considering deportation after serving a sentence of imprisonment: ‘Generally, the protection of family life under Article 8 involves cohabiting dependants, such as parents and their dependant minor children. Whether it extends to other relationships … Continue reading Kugathas v Secretary of State for the Home Department: CA 21 Jan 2003

Wright, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Nov 2004

Request for judicial review of refusal to pay compensation for wrongful detention in prison after end of sentence. Judges: Bennett J Citations: [2004] EWHC 3084 (Admin) Links: Bailii Statutes: European Convention on Human Rights 5(5) Jurisdiction: England and Wales Human Rights, Prisons, Damages Updated: 01 July 2022; Ref: scu.226917

Y, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Jul 2013

Challenge to refusal of indefinite leave to remain, saying that a return would infringe his articles 3 and 5 rights beause of his mental condition. Judges: Anthony Thornton QC J Citations: [2013] EWHC 2127 (Admin) Links: Bailii Statutes: European Convention on Human Rights 3 8 Jurisdiction: England and Wales Immigration, Human Rights Updated: 01 July … Continue reading Y, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Jul 2013

Rainford, Regina (on the Application of) v Secretary of State for the Home Department: Admn 17 Oct 2008

The claimant had been in England since he was 11, and was now 38. He had been repeatedly convicted. He had challenged a deportation notice on a human rights basis. He now challenged a certificate that this claim was manifestly ill founded. Held: The certificate was quashed. The respondent was wrong to say that he … Continue reading Rainford, Regina (on the Application of) v Secretary of State for the Home Department: Admn 17 Oct 2008

Fornah v Secretary of State for the Home Department: CA 9 Jun 2005

The applicant sought refugee status, saying that if returned home to Sierra Leone, she would as a young woman be liable to be circumcised against her will. Held: Female sexual mutilation ‘is an evil practice internationally condemned and in clear violation of Article 3 of the European Convention of Human Rights (‘ECHR’). As a practice, … Continue reading Fornah v Secretary of State for the Home Department: CA 9 Jun 2005

Holland v Her Majesty’s Advocate (Devolution): PC 11 May 2005

The defendant appealed his convictions for robbery. He had been subject to a dock identification, and he complained that the prosecution had failed in its duties of disclosure. Held: The combination of several failings meant that the defendant had not received a fair trial, and the appeal was allowed. The practice of dock identification was … Continue reading Holland v Her Majesty’s Advocate (Devolution): PC 11 May 2005

Sinclair v Her Majesty’s Advocate: PC 11 May 2005

(Devolution) The defendant complained that the prosecutor had failed to disclose all the witness statements taken, which hid inconsistencies in their versions of events. Held: The appeal was allowed. It was fundamental to a fair trial that the parties have equality of arms, but in a criminal trial the rights were entirely in the defendant. … Continue reading Sinclair v Her Majesty’s Advocate: PC 11 May 2005

Yesiller Ve Sol Gelecek Partisi v Turkey: ECHR 10 May 2022

ECHR Judgment : No Article 11 – Freedom of assembly and association : Second Section Citations: 41955/14, [2022] ECHR 360 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.677888

Mocanu And Others v Romania: ECHR 5 May 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 18213/16, [2022] ECHR 354 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 June 2022; Ref: scu.677876

K v Netherlands: ECHR 1 Jul 1985

Discrimination; Immigration; Nationality; Right to respect for private and family life Judges: MM J A FROWEIN, Acting President Citations: 11278/84, [1985] ECHR 15, (1986) 50 DR 199, (1986) 8 EHRR CD95, (1985) 43 D and R 216 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Johnson, Regina (on … Continue reading K v Netherlands: ECHR 1 Jul 1985

Becker v Norway: ECHR 5 Oct 2017

ECHR Judgment : Violation of Article 10 – Freedom of expression -(general) Article 10-1 – Freedom of expression Freedom to impart information… Citations: 21272/12, [2017] ECHR 834 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 June 2022; Ref: scu.607913

Sellick and Sellick, Regina v: CACD 14 Mar 2005

The defendants appealed convictions for murder saying that the court had had read to it the statements of four witnesses who refused to attend for fear, having been intimidated. Other witnesses had been unco-operative and had been treated by the prosecution as hostile. Held: The appeal failed. The appellants’ rights under Article 6 were in … Continue reading Sellick and Sellick, Regina v: CACD 14 Mar 2005

Spinks, Regina (on the Application of) v Secretary of State for the Home Department: CA 28 Jan 2005

May LJ said that if the State was in breach of its Article 3 obligations, that had to be remedied. If the only way to remedy was to release the prisoner, then the Secretary of State for Justice would be obliged to order his immediate release. Judges: May, Buxton, Sedley LJJ Citations: [2005] EWCA Civ … Continue reading Spinks, Regina (on the Application of) v Secretary of State for the Home Department: CA 28 Jan 2005

Lloyd And Others v The United Kingdom: ECHR 1 Mar 2005

Magistrates had committed the applicants to prison in their absence for non-payment of local taxes and fines. Held: The proceedings infringed the claimants’ human rights in that they had been found guilty of wilful refusal or culpable neglect without having had an appropriate opportunity to respond. Legal aid had not been available for the proceedings … Continue reading Lloyd And Others v The United Kingdom: ECHR 1 Mar 2005

Commissioner of Police of the Metropolis v Hooper: QBD 16 Feb 2005

The police applied to the court for a closure order in respect of premises they said were being used for the sale of Class A drugs. The tenant sought an adjournment, which was granted as were two later applications. On the last hearing, the police did not appear and the application was dismissed as out … Continue reading Commissioner of Police of the Metropolis v Hooper: QBD 16 Feb 2005

Hoxha and Another v Secretary of State for the Home Department: HL 10 Mar 2005

The claimants sought to maintain their claims for asylum. They had fled persecution, but before their claims for asylum were determined conditions in their home country changed so that they could no longer be said to have a well founded fear of persecution. Held: The decision on the grant required the fear to remain well … Continue reading Hoxha and Another v Secretary of State for the Home Department: HL 10 Mar 2005

SB, Regina (on the Application of) v Denbigh High School: CA 2 Mar 2005

The applicant, a Muslim girl sought to be allowed to wear the gilbab to school. The school policy which had been approved by Muslim clerics prohibited this, saying the shalwar kameeze and headscarf were sufficient. The school said she was making a voluntary choice not to attend. Held: The applicant was not choosing to stay … Continue reading SB, Regina (on the Application of) v Denbigh High School: CA 2 Mar 2005

Saggar, Re: CA 24 Feb 2005

Whether alleged delay by Her Majesty’s Commissioners of Customs and Excise in seeking to re-open a defendant’s confiscation order, so as to increase the ‘amount which might be realised’ under it, had caused a breach of article 6(1) of the European Convention of Human Rights. Judges: Lord Justice Rix, Lord Justice Mummery, Lord Justice Carnwath … Continue reading Saggar, Re: CA 24 Feb 2005

TK (Article 3, Blind Person, KAA, Prison Condition) Iraq CG: IAT 8 Aug 2002

The Secretary of State appeals to the Tribunal against the determination of an Adjudicator allowing on human rights grounds an appeal by TK against the decision of the Secretary of State to refuse to grant leave to enter the United Kingdom. Judges: Prof D B Casson, AVP Citations: [2002] UKIAT 03576 Links: Bailii Statutes: European … Continue reading TK (Article 3, Blind Person, KAA, Prison Condition) Iraq CG: IAT 8 Aug 2002

Malinowska-Biedrzycka v Poland: ECHR 5 Oct 2004

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: 63390/00, [2004] ECHR 477 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 June 2022; Ref: scu.230582

British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health: Admn 5 Nov 2004

The claimants challenged the validity of regulations restricting cigarette advertisements, saying that greater exceptions should have been allowed, and that the regulations infringed their commercial right of free speech. Held: The Regulations were lawful. There was a balance to be found between the need for commercial freedom of speech, and the protection of public health. … Continue reading British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health: Admn 5 Nov 2004

Kinik v Turkey: ECHR 25 Sep 2018

ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 39047/11, [2018] ECHR 756 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.628750

Pearson and Another v Secretary of State for Home Department and Another: CA 18 Jun 2001

The claimants sought leave to appeal against rejection of their complaint that as serving prisoners they were unable to vote. Judges: Simon Brown LJ VP Citations: [2001] EWCA Civ 927 Links: Bailii Statutes: European Convention on Human Rights 3, Representation of the People Act 1983 3(1) Jurisdiction: England and Wales Human Rights, Prisons, Constitutional, Elections … Continue reading Pearson and Another v Secretary of State for Home Department and Another: CA 18 Jun 2001

Balui And Others v Romania: ECHR 5 May 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 5077/15, [2022] ECHR 353 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 June 2022; Ref: scu.677859

Wu v Secretary of State for Home Department: CA 5 Jul 2002

W had been brought to the UK illegally by Chinese gangs. He had argued that his considerable debts to these gangs meant that if returned he or his family would be subject to severe physical threat including death. The SS now appealed from his grant of asylum. Citations: [2002] EWCA Civ 1189 Links: Bailii Statutes: … Continue reading Wu v Secretary of State for Home Department: CA 5 Jul 2002

Secretary of State for Work and Pensions v M: CA 15 Oct 2004

M had challenged the Child Support Regulations saying that they discriminated against her. She was the liable parent, and in a monogomoud lesbian relationship. As such she said that she was treated worse than she would have been since the Regulations did not that her relationship as constituting a family. The Secretary of State appealed … Continue reading Secretary of State for Work and Pensions v M: CA 15 Oct 2004

Schuler-Zgraggen v Switzerland (Article 50): ECHR 31 Jan 1995

Citations: [1995] ECHR 2, 14518/89 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017 The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement … Continue reading Schuler-Zgraggen v Switzerland (Article 50): ECHR 31 Jan 1995

Popov v Russia: ECHR 5 May 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 17730/08, [2022] ECHR 349 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 June 2022; Ref: scu.677878

Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004

The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his. Held: The right to be referred to the parole board was a statutory right, which was not the same as an article 3 right to liberty and … Continue reading Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004

ZT v Secretary of State for the Home Department: CA 24 Nov 2005

The applicant entered the UK as a visitor, but resisted her return home saying that she had HIV, and would not receive proper treatment for her condition if returned to Zimbabwe. Held: the prohibition against inhuman and degrading treatment did not require a contracting state to guarantee medical treatment to aliens. Judges: Buxton LJ Citations: … Continue reading ZT v Secretary of State for the Home Department: CA 24 Nov 2005

Allan v The United Kingdom: ECHR 5 Nov 2002

The appellant had been convicted of murder. The police had encouraged an informant to associate with him whilst in prison and to entice admissions from him. They had also recorded conversations whilst he was in the police station cells. Held: No system regulated such recordings, and accordingly the recordings were not according to law, and … Continue reading Allan v The United Kingdom: ECHR 5 Nov 2002

Masson And Van Zon v The Netherlands: ECHR 28 Sep 1995

ECHR Judgment (Merits) – Lack of jurisdiction (complaint inadmissible); No violation of Art. 6-1; Not necessary to examine Art. 13.The court discussed whether article 6 requires a discretion to be given to a judge to make an award of costs in favour of a successful defendant: As to whether a ‘dispute’ over a ‘right’ existed … Continue reading Masson And Van Zon v The Netherlands: ECHR 28 Sep 1995

Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005