ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of Art. 13; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic and Convention proceedings. Citations: 29052/03 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 June 2022; Ref: scu.235178
ECHR Judgment : Article 2 – Right to life : First Section Committee Citations: 14385/18, [2022] ECHR 356 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 June 2022; Ref: scu.677866
Appeals by the SS from two decisions that removal of respondents from the UK was not required, after allowing for article 8 rights. Citations: [2019] EWCA Civ 661 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales Immigration, Human Rights Updated: 17 June 2022; Ref: scu.635795
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
ECHR The applicants complained, firstly, the amount of compensation awarded to them following an expropriation procedure: according to them, it was not reasonably related to the actual value their property. They see it as a violation of Article 1 of Protocol N o 1 to the Convention. Judges: Isabelle Berro, P Citations: 44262/10 – Chamber … Continue reading Moreno Diaz Pena And Others v Portugal: ECHR 4 Jun 2015
The court was asked whether the Claimant’s proposed deportation to Jamaica, following his conviction and imprisonment for a very serious criminal offence, involves a violation of article 14 in conjunction with article 8 of the European Convention on Human Rights (‘ECHR’), contrary to the Human Rights Act 1998 (‘the Human Rights Act’). The discrimination is … Continue reading Johnson, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 17 Jul 2014
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 17839/21, [2022] ECHR 352 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.677884
Confiscation proceedings fell to be treated as part of the process of sentencing after conviction and did not, of themselves, involve charging the offender with offences other than those of which he had been convicted and which had given rise to the sentencing process. Citations: 19581/04 Statutes: European Convention on Human Rights 6.2 Jurisdiction: Human … Continue reading Van Offeren v The Netherlands: ECHR 5 Jul 2005
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Committee Citations: 4642/17, [2022] ECHR 355 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.677858
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 5123/09, [2022] ECHR 350 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 June 2022; Ref: scu.677869
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Citations: 8709/20, [2022] ECHR 347 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 June 2022; Ref: scu.677873
There is a real risk to SC of inhuman or degrading treatment, in contravention of article 3 of the European Convention on Human Rights (‘ECHR’) in urban but not in rural parts of his country of origin, Jamaica. So, his deportation to that country by the Secretary of State for the Home Department (‘SSHD’), as … Continue reading SC (Jamaica) v Secretary of State for The Home Department: SC 15 Jun 2022
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Committee Citations: 48820/19, [2022] ECHR 357 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 June 2022; Ref: scu.677862
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 10; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award (domestic proceedings); Costs and expenses award (Convention proceedings). Citations: 66298/01, [2005] ECHR 862, 15653/02 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human … Continue reading Wirtschafts-Trend Zeitschriften-Verlagsgesellschaft MBH (No 3) v Austria: ECHR 13 Dec 2005
Reasons for orders following a case management hearing to review whether there are steps which the court should now be taking to procure compliance by the Secretary of State for Defence with the duty of the UK under articles 2 and 3 of the European Convention on Human Rights (the ‘Convention’), incorporated into English law … Continue reading Al-Saadoon and Others v Secretary of State for Defence: Admn 26 Jun 2015
The applicant had sought asylum here, but her application was rejected. She was suffering advanced HIV/AIDS. With continued proper treatment she would survive several years. If returned to Uganda she would not receive that treatment and would not survice as long. Held: The issue was not as to her mistreatment in Uganda, but as to … Continue reading N v Secretary of State for the Home Department: HL 5 May 2005
The court referred to ‘the fundamental importance of the guarantees contained in Article 5 for securing the right of individuals in a democracy to be free from arbitrary detention at the hands of the authorities’ and to the need to interpret narrowly any exception to ‘a most basic guarantee of individual freedom.’ Enforced disappearance is … Continue reading Kurt v Turkey: ECHR 25 May 1998
Citations: 21367/07, [2010] ECHR 276 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 June 2022; Ref: scu.402995
The Commission held inadmissible a complaint of substantial delay in granting permission for the family of a refugee to join him in this country, observing: ‘The Commission recalls that delay in proceedings concerning matters of ‘family life’ may raise issues under Article 8 of the Convention. In the case of H. v. the United Kingdom, … Continue reading Askar v United Kingdom: ECHR 1995
The applicant entered the UK illegally. She was unwell and was given treatment. She resisted removal on the grounds that the treatment available to her would be of such a quality as to leave her life threatened. Held: D -v- UK should be strictly confined. The applicant’s condition was not one created by the respondent, … Continue reading N v the Secretary of State for the Home Department: CA 16 Oct 2003
ECHR Judgment : Right to a fair trial : Fifth Section Committee Citations: 66362/11, [2020] ECHR 915 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 June 2022; Ref: scu.656994
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings‘the mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life, even if the relationship … Continue reading Kosmopoulou v Greece: ECHR 5 Feb 2004
The claimant had sought asylum on the day after arrival, and had therefore been refused any assistance beyond the provision of a list of charities who might assist. His lawyers were unable to secure either shelter or maintenance, and he had been left to sleep rough outside a police station. Held: The treatment amounted to … Continue reading Regina (Limbuela) v Secretary of State for the Home Department: QBD 4 Feb 2004
The prisoner was subject to a long term of imprisonment, and also to a deportation order which was to take effect upon his release. He complained that, because of the latter, he had not been considered for parole, and that this was discriminatiry. Held: The difference in treatment occurred because of the nationality of the … Continue reading Hindawi and Another v Secretary of State for the Home Department: Admn 29 Jan 2004
In cases involving children, Article 3 provides that the best interests of the child are a primary consideration, not the primary consideration. The court looked at the test for making an interim ASBO: ‘Consideration of whether it is just to make an order without notice is necessarily a balancing exercise. The court must balance the … Continue reading Kenny, Regina (on the Application of) v Leeds Magistrates Court, Leeds City Council: Admn 5 Dec 2003
Police had made secret tape recordings of conversations in the claimant’s home, which recordings had later been used as evidence against him, and had led to his conviction. Held: At the time of the recordings there was no statutory system regulating such recordings, and therefore the interference in his private and family life was an … Continue reading Lewis v The United Kingdom: ECHR 25 Nov 2003
The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve. Held: In exercising this function, the LCJ was acting in a judicial capacity, and therefore his recommendation was not subject to … Continue reading Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003
The appellant had been found unfit to plead after assaulting his son, and he had been detained under the 1964 Act. He alleged his detention was in breach of his right to a fair trial. His release had been authorised subject to the appointment of a supervising psychiatrist. He complained that his detention was unlawful … Continue reading Regina v Secretary of State for the Home Department and Another ex parte IH: HL 13 Nov 2003
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee Citations: 39696/12, [2022] ECHR 302 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 June 2022; Ref: scu.676972
In each case asylum applicants had been certified as suitable to be returned to the first country at which they had arrived on fleeing their home countries. Held: To determine whether article 8 was engaged given the territoriality principle, the following should be considered. First, the claimant’s case in relation to his private life in … Continue reading Secretary of State for the Home Department, Regina on the Application of Soumahoro; Regina on the Application of Nadarajah; and similar: CA 19 Jun 2003
The appellant, a Turkish citizen entered illegally and claimed asylum. He falsely said he had not sought asylum in another EC country. He had lived in Germany for eight years, and had twice unsuccessfully claimed asylum. Shortly after arrangements were made for his removal to Germany, he married a woman whom he had known in … Continue reading Ekinci, Regina (on the Application of) v Secretary of State for the Home Department: CA 17 Jun 2003
The court rejected a challenge to the Home Secretary’s decision to substitute a period of 18 months for the 9 months recommended by the Parole Board to be passed in open conditions before the prisoner’s next review. ‘[The right not to be detained arbitrarily] can be breached as a matter of law if the Home … Continue reading Spence, Regina (on the Application of) v Secretary of State for the Home Department: CA 23 May 2003
Citations: 48898/99, [2001] ECHR 485 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – The Mayor Commonalty and Citizens of London v Samede (St Paul’s Churchyard Camp Representative) and Others CA 22-Feb-2012 The defendants sought to appeal against an order for them to vacate land outside St Paul’s Cathedral … Continue reading Perna v Italy: ECHR 25 Jul 2001
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
The Home Secretary appealed a ruling that his implementation of section 55 was unlawful, having been said to be incompatible with human rights law. Held: The way in which the section had been operated, by denying consideration and all benefits to any asylum applicant who did not claim asylum immediately upon entry, was unfair. There … Continue reading Regina (on the Application of Q and others) v Secretary of State for the Home Department: CA 18 Mar 2003
The defendant had been convicted of a serious offence involving violece or sex, and been made subject to a extended sentence. He had been released on licence but recalled, and now challenged the system under which it had been decided that he should serve the balance of the first sentence. Held: The system of extended … Continue reading Regina (Sim) v Secretary of State for the Home Department: Admn 11 Feb 2003
The applicants’ claims for asylum had been rejected as bound to fail, and under the new Act, they were to be removed from the UK. If they wanted to appeal, they they would have to do so from outside the jurisdiction. The section had been brought into effect before the Act had been formally published. … Continue reading Regina (ZL and VL) v Secretary of State for the Home Department and Lord Chancellor’s Department: CA 24 Jan 2003
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 38549/16, [2022] ECHR 304 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 June 2022; Ref: scu.676962
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Citations: 49588/12, [2022] ECHR 298 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 June 2022; Ref: scu.676977
The League challenged the respondent’s statement in the Prisons’ Handbook that children held in young offender institutions were not subject to the protection of the 1989 Act. Held: Neither the Prison Act and Rules excluded the Prison authorities from the list of those required to co-operate with local authorities in the exercise of their duties … Continue reading Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee ECHR Judgment : Pecuniary and non-pecuniary damage – award : Third Section Committee Citations: 2294/17, [2019] ECHR 193, [2019] ECHR 851 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 June … Continue reading Kostal And Others v Slovakia: ECHR 5 Mar 2019
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers. Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the requirements to give reasons both for the authorisation and for the stop and search, make … Continue reading Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another: SC 17 Dec 2015
The applicants were serving prisoners. They had been the subject of disciplinary proceedings in which they had been denied the right to representation. They claimed an infringement of their right to a fair trial. Held: Both proceedings had resulted in the extension of the respective prison sentences. The rules gave the governor discretion to allow … Continue reading Ezeh and Connors v The United Kingdom: ECHR 15 Jul 2002
The applicant had come to England on a six month visitor’s visa. She then married an English national, but her visa was not extended. Held: The husband had business interests and activities throughout the community. The deportation of the applicant would have the effect of removing her support for him and restrict his ability to … Continue reading Carpenter v Secretary of State for the Home Department: ECJ 11 Jul 2002
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4; Non-pecuniary damage – finding of violation sufficient; Costs and expenses (domestic proceedings) – claim rejected‘In the present case, the Court cannot speculate as to whether the applicant would have been detained if the procedural guarantees of Article 5 ss 4 of the Convention had been … Continue reading Migon v Poland: ECHR 25 Jun 2002
The claimant was a prisoner. He became entitled to be considered for release on parole, but was not released because the Parole Board had not made a decision. Held: The system for consideration of the release of discretionary and life prisoners infringed the human rights of such prisoners, insofar as the consideration of their release … Continue reading Regina (Noorkoiv) v Secretary of State for the Home Department and Another: CA 30 May 2002
The applicant sought damages from the defendant who had released from custody pending deportation a man convicted of violent sexual crimes and who had then raped her. She appealed against a strike out of her claim. She had been refused information about the decision to release the offender because it was anticipated that her claim … Continue reading K v the Secretary of State for the Home Department: CA 31 May 2002
The applicant sought admission to the UK. In the past he had made utterances which were capable of being racist. He claimed to have recanted, and had given undertakings as to his behaviour. At first instance it was held that the Home Secretary had failed to demonstrate an objective reason for refusing admission. It was … Continue reading Farrakhan, Regina (on the Application of) v Secretary of State for the Home Department: CA 30 Apr 2002
The appellant challenged her common law public order conviction, on the basis that the charge did not provide a clear definition of what amounted to the offence, and so infringed her human rights. Judges: Lord Coulsfield and Lord Osborne and Lord Sutherland Citations: [2001] ScotHC 121 Links: ScotC, Bailii Statutes: European Convention on Hman Rights … Continue reading Smith v Procurator Fiscal, Dumbarton: HCJ 28 Sep 2001
Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum applications. Held: All three claims failed. The essential object of article 8 is to protect individuals against … Continue reading Anufrijeva v Secretary of State for the Home Department: CA 22 Mar 2002
A prisoner had been killed in his cell by a cell-mate known to be unstable and racist. His family sought to be involved in the inquiry into the death within the prison system. A second prisoner hanged himself in his cell. His family alleged that he should have been kept on suicide watch. The coroner … Continue reading Regina (Amin) v Secretary of State for the Home Department; Regina (Middleton) v Coroner for West Somersetshire: CA 27 Mar 2002
The company applied for planning permission. The Secretary of State called in the application to be decided by a reporter. The applicant complained that this infringed its right to a hearing before an impartial tribunal. Such a person might deal with issues of fact, but here he would also be making the decision, and the … Continue reading County Properties Limited v The Scottish Ministers: OHCS 25 Jul 2000
The applicants sought an order that the government enquiries into the foot and mouth outbreak should be held in public. They argued that the need to re-establish public faith made a decision not to hold the enquiries in public irrational, and that a failure to hold the enquiry in public infringed the applicant’s human rights. … Continue reading Regina (Persey and Others) v Secretary of State for Environment, Food and Rural Affairs: Admn 15 Mar 2002
The applicant had been convicted in 1990 of conspiracy to cause explosions. He had been arrested by means of an unlawful eviction from Zimbabwe, and his appeal had been successful after ten years in prison. He now appealed against a refusal to award him compensation for his imprisonment, and said that the provision of ex … Continue reading Regina (on the Application of Mullen) v The Secretary of State for the Home Department: QBD 21 Feb 2002
The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The penalties were substantial, though there existed a system of appeals. Held: The principle … Continue reading Secretary of State for the Home Department v International Transport Roth Gmbh and others: CA 22 Feb 2002
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights Act. The service of the original notice to quit, engaged the Human Rights Act, but the action taken was lawful … Continue reading Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson: CA 25 Jan 2002
ECHR Judgment : Article 2 – Right to life : Second Section Committee Citations: 1792/12, [2019] ECHR 195 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 June 2022; Ref: scu.634328
(Commission) The application was made a patient, restricted under the 1959 Act. A mental health review tribunal which concluded that the continued detention of a restricted patient was no longer justified had power to recommend but not to order the discharge of the patient. Held: This advisory power did not meet the Convention requirement: ‘Nonetheless, … Continue reading X v United Kingdom: ECHR 5 Nov 1981
The claimants were farmers, who had been made subject to orders under the Act. They had accumulated maggot waste on their land. The second defendant accepted that the waste included material which would be high risk under the Directive. The defendant had entered the claimant’s land to execute works required under the notice, and the … Continue reading Langton, Allen, Regina (on the Application of) v Department for the Environment, Food and Rural Affairs and Another: Admn 17 Dec 2001
The applicant said the procedure under which he was struck from the roll of solicitors was unfair. There was no provision for legal advice or representation, and given the nature and severity of the allegations and consequences, the trial was unfair. Held: The Convention was to be applied to the particular facts. In this case, … Continue reading Pine v Law Society: CA 25 Oct 2001
The claimant had sought to amend her claim for damages for personal injuries. The application had been rejected as introducing a claim not based on the same facts. She had suffered severe head injuries, and had no memory of the accident. She served a statement of claim based upon the defendant’s statement. The defendants defence … Continue reading Goode v Martin: CA 13 Dec 2001
An applicant for asylum had had his case rejected and was separated from his family whose similar application had not yet been finally determined, but he remained in close contact with them. He was imprisoned, and on his release ordered to be deported to Argentina. He complained, successfully that the effect would be to destroy … Continue reading Regina v Secretary of State for the Home Department ex parte R: QBD 29 Nov 2000
When the Home Secretary set a tariff sentence for a mandatory life sentence prisoner, in order to satisfy the requirement for retribution and deterrence, that exercise was not a judicial sentencing exercise to which the provisions of the Human Rights legislation applied. The issues he considered were wider than those involved in the strict sentencing … Continue reading Regina v Secretary of State for the Home Department ex parte Anderson Same v Same, ex parte Taylor: QBD 27 Feb 2001
Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971. Held: The Court of Appeal in Austin and in Walker were right to say that there could be imprisonment at common law … Continue reading Jalloh, Regina (on the application of) v Secretary of State for the Home Department: SC 12 Feb 2020
The Home Secretary appealed against a finding that a non-derogating control order was unlawful in that, in restricting the subject to an 18 hour curfew and otherwise severely limiting his social contacts, the order amounted to such a deprivation of liberty as to be unlawful. Held: The appeal failed. When looking at the lawfulness of … Continue reading Secretary of State for the Home Department v JJ and others: HL 31 Oct 2007
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Violation of Art. 5-3; Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial awardThe applicant was ordered to strip naked and was subjected to humiliating abuse by guards when he tried to exercise his right to … Continue reading Iwanczuk v Poland: ECHR 15 Nov 2001
The court considered a complaint that the Norwegian defamation law interfered with the applicant’s freedom of speech, and placed an unfair burden of proof on them in defending themselves. One of the defamatory phrases under consideration was ‘deliberate lie’. Held: The allegation was required to be proved as a fact but, as it happened, there … Continue reading Nilsen and Johnsen v Norway: ECHR 25 Nov 1999
The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, they had acted contrac bonos mores. They complained that the … Continue reading Hashman and Harrup v The United Kingdom: ECHR 25 Nov 1999
(Grand Chamber) The claimant had been detained for long periods after coming under suspicion of theft of large sums. Her detention had initially been ordered by prosecutors. Her initial appeals against her detention were also decided by prosecutors. After three weeks she appealed to a court, which refused her appeal about four weeks later. It … Continue reading Nikolova v Bulgaria: ECHR 25 Mar 1999
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 11; Not necessary to examine Art. 9; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not necessary to examine Art. 18; Not necessary to examine P1-1; Not necessary to examine P1-3; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation … Continue reading The United Communist Party of Turkey And Others v Turkey: ECHR 30 Jan 1998
Turkey – prison sentence imposed by Diyarbakir National Security Court on account of a statement to journalists (Articles 168 and 312 of the Criminal Code) – accused unable to appear at hearing in that court (Article 226 – 4 of the Code of Criminal Procedure in force at material time) – length of criminal proceedings … Continue reading Zana v Turkey: ECHR 25 Nov 1997
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Violation of Art. 5-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings‘In order to determine whether someone has been ‘deprived of his liberty’ within the meaning of Article 5, the … Continue reading Amuur v France: ECHR 25 Jun 1996
The applicant had been refused a certification certificate for his video ‘Visions of Ecstasy’ on the basis that it infringed the criminal law of blasphemy. The Court found that the offence was prescribed by law and served the legitimate aim of protecting the rights of others. Held: The provision of a system which would allow … Continue reading Wingrove v The United Kingdom: ECHR 25 Nov 1996
The Commission had concluded, by a narrow majority, that the measures taken by the respondent in refusing planning permission and enforcing planning orders were excessive and disproportionate, even allowing a margin of appreciation enjoyed by the national authorities. The Commission found that the interests of the applicant outweighed the general interest. The Court, also by … Continue reading Buckley v The United Kingdom: ECHR 25 Sep 1996
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (publicly); No violation of Art. 6-1 (impartiality); Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings‘The Court reiterates that the holding of court hearings in public constitutes a fundamental principle enshrined … Continue reading Diennet v France: ECHR 26 Sep 1995
A dairy association complained of milk quota orders made with retrospective effect under domestic provisions. A regulation had been submitted in draft to the Conseil d’Etat, which had advised that a statute was necessary to give retrospective effect to the proposed new rules and had drafted a single clause bill which had been enacted as … Continue reading Procola v Luxembourg: ECHR 28 Sep 1995
Article 10 requires that journalists be permitted a good deal of latitude in how they present their material and that a degree of exaggeration must also be accepted. The media have a special place in any democratic society as purveyor of information and public watchdog. There is a strong public interest in maintaining the confidence … Continue reading Prager And Oberschlick v Austria: ECHR 26 Apr 1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that planning permission should be granted), (b) (that there had been no breach of planning control) and … Continue reading Bryan v The United Kingdom: ECHR 22 Nov 1995
Hudoc Preliminary objection rejected (non-exhaustion); No violation of P1-1; No violation of Art. 14+P1-1 Citations: [1995] ECHR 35, 12868/87, (1996) 21 EHRR 482 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Cited by: Cited – Salvesen v Riddell and Another; The Lord Advocate intervening (Scotland) SC 24-Apr-2013 The appellant owned farmland tenanted by a … Continue reading Spadea And Scalabrino v Italy: ECHR 28 Sep 1995
M. Funke successfully challenged his conviction for failing to provide documents which the customs authorities had demanded of him, on the grounds that his rights under Article 6 had been infringed: ‘The Court notes that the customs secured Mr. Funke’s conviction in order to obtain certain documents which they believed must exist, although they were … Continue reading Funke v France: ECHR 25 Feb 1993
‘Slippering’, a punishment by hitting a child with a slipper, when used as part of school discipline was not a degrading punishment under the convention. Conduct must attain a minimum level of severity to engage the operation of the Convention. Citations: Independent 26-Mar-1993, 13134/87, (1993) 19 EHRR 112, [1993] ECHR 16 Links: Worldlii, Bailii Statutes: … Continue reading Costello-Roberts v The United Kingdom: ECHR 25 Mar 1993
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedingsUnsuccessful proceedings brought by the applicant to challenge his detention in a state psychiatric clinic had taken four months to be completed, the period allowed under domestic law being three months. Held: … Continue reading Koendjbiharie v The Netherlands: ECHR 25 Oct 1990
The applicants, discretionary life prisoners, complained of a violation on the ground that they were not able to have the continued lawfulness of their detention decided by a court at reasonable intervals throughout their imprisonment. Held: A discretionary life sentence in English law was composed of a punitive element followed by a security element giving … Continue reading Thynne, Wilson and Gunnell v The United Kingdom: ECHR 25 Oct 1990
The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and detention which is laid down in Article 5(1)(c). The court agrees with the Commission and … Continue reading Fox, Campbell and Hartley v The United Kingdom: ECHR 30 Aug 1990
‘According to the Court’s case law, this provision comprises three distinct rules. The first rule, set out in the first sentence of the first paragraph, is of a general nature and enunciates the principle of peaceful enjoyment of property; the second rule, contained in the second sentence of the same paragraph, covers deprivation of possessions … Continue reading Allan Jacobsson v Sweden: ECHR 25 Oct 1989
The defendant complained that he had been tried and convicted in his absence. Held: The right to a fair trial had been breached: ‘the object and purpose of [article 6] taken as a whole show that a person ‘charged with a criminal offence’ is entitled to take part in the hearing. Moreover, sub-paragraphs (c), (d) … Continue reading Colozza v Italy: ECHR 12 Feb 1985
Hudoc No violation of Art. 11; No violation of Art. 14+11The Belgian Government failed to consult a municipal police union about legislation affecting public sector employment rights. The union’s direct claim under article 11 failed, but article 14 was engaged (though on the particular facts the article 14 claim also failed). Article 14 comes into … Continue reading National Union of Belgian Police v Belgium: ECHR 27 Oct 1975
Three strokes with a birch constituted degrading punishment for a 15-year-old boy, which violated article 3 having regard to the particular circumstances in which it was administered. Preliminary objection rejected (disappearance of object of proceedings); Violation of Art. 3; Just satisfaction not applied.The Convention is a living instrument which must be interpreted in the light … Continue reading Tyrer v The United Kingdom: ECHR 25 Apr 1978
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are … Continue reading Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982
Having been convicted of drug trafficking, an application was made for a confiscation under the 1994 Act. On the civil balance of proof, and applying the assumptions under the Act, an order was made. The applicant claimed that his article 6 rights had been infringed. The respondent government said the application for an order was … Continue reading Phillips v United Kingdom: ECHR 5 Jul 2001
Hudoc The claimants said that the dissolution of their political party by the Turkish Constitutional Court infringed their rights. Judges: J-P Costa P Citations: 41340/98, [2001] ECHR 491, [2003] ECHR 87, 41343/98, [2001] ECHR 495, 41342/98 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Refah Partisi … Continue reading Refah Partisi (Welfare Party) And Others v Turkey: ECHR 31 Jul 2001
These: ‘claims are about the detention of prisoners who were subject to sentences of imprisonment for public protection passed before 14 July 2008, when new statutory provisions governing indeterminate sentences came into force. The Claimants argue that their detention breaches article 5, in various different ways’ Judges: Elisabeth Laing DBE J Citations: [2015] EWHC 136 … Continue reading Knights and Another v Parole Board of England and Wales and Another: Admn 11 Feb 2015
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Citations: 24014/07, [2019] ECHR 187 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 June 2022; Ref: scu.634322
‘In this case the Court is required to consider the approach of the Defendant Secretary of State for Communities and Local Government (‘SSCLG’) to the consideration and determination of planning appeals which relate to the provision of pitches for use by travellers within the Green Belt. Such pitches are used to station caravans in which … Continue reading Moore and Another v Secretary of State for Communities and Local Government: Admn 21 Jan 2015
(Judgment) 1. The right to respect for private life, which is embodied in Article 8 of the European Convention on Human Rights and which derives from the common constitutional traditions of the Member States, is one of the fundamental rights protected by the Community legal order. It includes in particular a person’ s right to … Continue reading X v Commission: ECJ 5 Oct 1994
ECHR Judgment : Article 8 – Right to respect for private and family life : Second Section Committee Citations: 51051/15, [2019] ECHR 196 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 June 2022; Ref: scu.634314
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 53319/10, [2019] ECHR 194 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 June 2022; Ref: scu.634325
The claimant’s daughter had died after walking out of a mental health ward and being knocked down. She sought damages alleging negligence and in infringement of her daughter’s right to life. Held: Negligence amounting to a breach of the right to life had to be gross negligence at a level which might support a charge … Continue reading Savage v South Essex Partnership NHS Foundation Trust: QBD 21 Dec 2006
Citations: 55565/00, [2006] ECHR 1139 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 02 June 2022; Ref: scu.248122
ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee Citations: 71977/12, [2022] ECHR 303 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 02 June 2022; Ref: scu.676969