The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died. Held: The appeal succeeded. The Regulations infringed the claimant’s rights because the evidence was that in … Continue reading Mathieson v Secretary of State for Work and Pensions: SC 8 Jul 2015
The defendant had been convicted of murder in Scotland. He requested a transfer to an English prison. The trial judge recommended a tariff of eight years which was eventually set at 12 years by the respondent. That figure also exceeded the maximum recommended by the English judges who had reviewed the sentence. He complained that … Continue reading McFetrich, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Jun 2003
The right to education of a child under Article 2 of Protocol 1 of the Convention, was not breached by an order enforcing immigration control with the effect of taking away from a good school a child who had become settled there. The Convention gave no right to an education in any particular country, and … Continue reading Regina v Secretary of State for the Home Department, ex parte Holub and Another: CA 13 Feb 2001
The interval between occasions of consideration of the granting of parole to a discretionary life prisoner, was to be determined on the facts and circumstances of each prisoner. There was no rule that the maximum period between reviews was to be two years. The earlier case had expressly stated that no maximum interval was being … Continue reading Regina v Parole Board, ex parte MacNeil: CA 18 Apr 2001
The applicant, a German national, claimed against the German consular and embassy officials in Morocco, alleging that they procured the Moroccan authorities to deport him from the country. The circumstances alleged by the applicant were bizarre. Held: He had not furnished sufficient proof in support of his allegations: ‘Whereas, in certain respects, the nationals of … Continue reading X v Federal Republic of Germany: ECHR 25 Sep 1965
ECHR Judgment : No Article 6 – Right to a fair trial : Third Section Citations: 30965/17, [2022] ECHR 225 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 May 2022; Ref: scu.674686
ECHR Judgment : Article 14+11-1 – Prohibition of discrimination : Second Section Committee Citations: 60377/10, [2022] ECHR 237 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 May 2022; Ref: scu.674696
Proceedings before an arbitrator were governed by rule 62.10, which provided its own entire code, and imposed a presumption in favour of privacy. The principles of Scott v Scott need not apply. Scott would now be decided under analogous reasonings under the Human Rights Act. Judges: Cooke J Citations: Times 01-Sep-2003 Statutes: Civil Procedure Rules … Continue reading Moscow City Council v Bankers Trust Company and Another: QBD 5 Jun 2003
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 47884/10, [2019] ECHR 40 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.633615
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 43852/12, [2019] ECHR 29 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.633616
The judgment of Collins J in Lekstaka [2005] EWHC 745 (Admin) established that on Judicial Review of a refusal of the Immigration Appeal Tribunal of permission to appeal to it that claimant’s case was arguable, but did not decide the merits of that case nor establish general propositions applicable to other cases. As now clarified … Continue reading KL (Article 8, Lekstaka, Delay, Near-Misses) Serbia and Montenegro: IAT 18 May 2007
(Practice Note) The solicitor appealed an order which made the success fee payable different at different stages of the court action. Held: The court had no power to make such an order. To the extent that the CPR might suggest otherwise they were wrong. ‘a practice direction has no legislative force. Practice directions provide invaluable … Continue reading KU (A Child) v Liverpool City Council: CA 27 Apr 2005
ECHR Judgment : Article 8 – Right to respect for private and family life : Second Section Committee Citations: 74360/12, [2022] ECHR 232 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.674702
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 10214/21, [2022] ECHR 288 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 May 2022; Ref: scu.675471
Morland J said: ‘it is the duty of the courts to keep claims alleging trade libels within their proper bounds, particularly having regard to s.12(4) of the Human Rights Act 1998 and Article 10 of the Convention.’ Judges: Morland J Citations: [2003] EWHC 1099 Statutes: European Convention on Human Rights 10, Human Rights Act 1998 … Continue reading Charterhouse Clinical Research Unit Ltd v Richmond Pharmacology Ltd: QBD 2003
Neill LJ explained article 8 of the Convention in the light of Brind: ‘(1) Article 10 is not part of English domestic law. It is therefore not necessary for the Minister when exercising an administrative decision conferred on him by Parliament to exercise that discretion in accordance with the provisions of Art.10. Nor will a … Continue reading Regina v Secretary of State for the Environment, Ex parte NALGO: CA 1992
The Convention gave a right to a fair reputation which had to be upheld in the law, but the disciplinary procedures within a school independent appeal panel did not directly affect that reputation, and the procedures had been designed to respect the potential for damage, and to provide proper protection. It was not necessary in … Continue reading Regina v Secretary of State for Education and Employment and Others ex parte B, Regina v Same ex parte T, Regina v Same, ex parte C: QBD 8 Jun 2001
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 8830/09, [2022] ECHR 236 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 May 2022; Ref: scu.674697
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 9051/18, [2022] ECHR 230 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 May 2022; Ref: scu.674687
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 60708/13, [2019] ECHR 112 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 May 2022; Ref: scu.633722
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 3356/15, [2019] ECHR 31 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 May 2022; Ref: scu.633635
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 38872/11, [2019] ECHR 28 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 May 2022; Ref: scu.633683
The applicants complained of the Turkish extradition procedures. Held: The Court reiterated that ‘decisions regarding the entry, stay and deportation of aliens do not concern the determination of an applicant’s civil rights or obligations or of a criminal charge against him, within the meaning of Article 6(1) of the Convention’. Citations: (2005) 41 EHRR 494 … Continue reading Mammatkulov and Askarov v Turkey: ECHR 2005
The applicant, a serving policeman with a university degree in law was arrested on suspicion of robbery. He signed a procedural rights notification form and noted that he wished to appoint a lawyer whom he named as his advocate. He was then questioned, without a lawyer being present, about the robbery just after he had … Continue reading Paskal v Ukraine: ECHR 15 Sep 2011
(Visitors to the Inns of Court) A Disciplinary Tribunal was convened by the President of COIC pursuant to the 2000 Regulations. It found the barrister guilty of misconduct and suspended her from practice for three months. The Visitors appointed to hear the barrister’s appeal included N, who was also a member of the Bar’s Professional … Continue reading P v The General Council of the Bar; Re P (A Barrister): 24 Jan 2005
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 25885/19, [2022] ECHR 234 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 May 2022; Ref: scu.674720
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Citations: 2840/10, [2022] ECHR 229 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 May 2022; Ref: scu.674710
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 54261/13, [2022] ECHR 198 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 May 2022; Ref: scu.672193
ECHR Judgment : Article 8 – Right to respect for private and family life : Second Section Committee Citations: 14191/14, [2022] ECHR 233 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 02 May 2022; Ref: scu.674719
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 2458/11, [2022] ECHR 231 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 02 May 2022; Ref: scu.674703
ECHR Judgment : No Article 2 – Right to life : Fourth Section Citations: 65666/16, [2022] ECHR 227 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 02 May 2022; Ref: scu.674698
ECHR Judgment : Article 3 of Protocol No. 1 – Right to free elections-{general} : Fourth Section Citations: 26081/17, [2022] ECHR 156 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 May 2022; Ref: scu.671994
Towards the end of a substantial May Day demonstration on the streets of London, police surrounded about 3,000 people in Oxford Circus and did not allow them to leave for seven hours. The claimant who was present, but not involved in any of the organisation sought damages. Held: Police have powers to act out of … Continue reading Austin and Saxby v Commissioner of the Police for the Metropolis: QBD 23 Mar 2005
(Commission) A primary school teacher had been prohibited from wearing an Islamic headscarf at her school. Held: The complaint was inadmissible. The court acknowledged the margin of appreciation afforded to the national authorities when determining whether this measure was ‘necessary in a democratic society’, and explained its role: ‘The Court’s task is to determine whether … Continue reading Dahlab v Switzerland: ECHR 15 Feb 2001
ECHR Judgment : Article 1 of Protocol No. 12 – General prohibition of discrimination : Second Section Citations: 29907/16, [2022] ECHR 94 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 April 2022; Ref: scu.671765
Claim for judicial review began as a challenge to the lawfulness of directions to remove the claimant from the United Kingdom. It now stands as a challenge to the defendant’s decision to certify the claimant’s human rights claim (article 8 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms) as … Continue reading Yarbo, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Jul 2014
The new system of appointment of lay members of employment tribunals is compliant with the right to a fair trial before an independent tribunal, particularly now where the Secretary of State had an interest in the proceedings. The Secretary had had power to select and remove the lay members of the tribunal, and the system … Continue reading Scanfuture UK Ltd, J M Link v K Bird J M Link C J Bennett Secretary of State for Department of Trade, Secretary of State for Department of Trade: EAT 23 Mar 2001
The applicants sought orders that enquiries into the activities of doctors under the Act should be held in public. Held: The Act contained no presumption that enquiries should be in public, and the Wagstaff case created no general principle to that effect. The right to free expression did not include the right to receive from … Continue reading Regina (Howard and Another) v Secretary of State for Health: QBD 15 Mar 2002
The respondent introduced rules imposing fixed and penalties on HGV drivers coming into the UK who were found to have stowaway illegal entrants. The operators sought judicial review. Held: The penalty was in the character of a criminal penalty, not a civil one as proposed by the Secretary of State. The opportunities to challenge the … Continue reading International Transport Roth GmbH and Others v Secretary of State for the Home Department: QBD 5 Dec 2001
The non-referral of lifers to the Parole Board till the minimum tariff had expired was unreasonable. A decision of the Parole Board, which is chaired by a High Court judge, can be the subject of judicial review. Citations: Times 06-Oct-1995, Independent 04-Oct-1995, [1995] 7 Admin LR 861 Statutes: Criminal Justice Act 1991, European Convention on … Continue reading Regina v Secretary of State for the Home Department and Another, Ex Parte Norney and Others: QBD 6 Oct 1995
The Secretary of State announced a public enquiry into the Shipman case. He did not say whether it would be a public enquiry. The bereaved families and media wanted it to be public, and contended that it had been invalidly constituted, that an expectation had been created that it would be public, and that to … Continue reading Regina v Secretary of State for Health, Ex Parte Wagstaff etc: QBD 31 Aug 2000
The local authority sought a declaration as to its rights to control the daily activities of an eighteen year old, who was incapable of managing her own affairs but was not subject to mental health legislation. Held: There remained an inherent jurisdiction which the court could exercise through the doctrine of necessity. The subject was … Continue reading In Re F (Adult: Court’s Jurisdiction): CA 25 Jul 2000
ECHR Article 8 Positive obligations Article 8-1 Respect for private life State’s failure to ensure that essential information regarding risks associated with use of decompression tables were available to divers: violation Facts – The applicants were former divers engaged in diving operations, including test dives, in the North Sea. They were recruited by diving companies … Continue reading Vilnes And Others v Norway: ECHR 5 Dec 2013
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
The claimant challenged rejection of his objection to the respondent’s ‘Prevent’ duty guidance which had prevented his speaking at universities. Judges: Sir Terence Etherton MR, Lady Justice Sharp, Lord Justice Irwin Citations: [2019] EWCA Civ 256 Links: Bailii, Bailii Summary Statutes: European Convention on Human Rights 10, Counter-Terrorism and Security Act 2015 15 Jurisdiction: England … Continue reading Butt, Regina (on The Application of) v The Secretary of State for The Home Department: CA 8 Mar 2019
The claimants challenged as discriminatory the statutory requirement for landlords to verify the immigration status of potential tenants and land occupiers. Held: The challenge succeeded. Judges: Martin Spencer Citations: [2019] EWHC 452 (Admin) Links: Bailii Statutes: Human Rights Act 1998 4, Immigration Act 2014 20-37, European Convention on Human Rights 8 14, Equality Act 2010 … Continue reading Joint Council for The Welfare of Immigrants, Regina (on The Application of) v Secretary of State for The Home Department: Admn 1 Mar 2019
Citations: [1983] 6 EHHR 62, [1983] ECHR 11, 7113/75, 7136/75, 5947/72, 6205/73, 7052/75, 7061/75, 7107/75 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 8 13 Jurisdiction: Human Rights Citing: See Also – Silver And Others v The United Kingdom ECHR 25-Mar-1983 There had been interference with prisoners’ letters by prison authorities. The Commission … Continue reading Silver And Others v The United Kingdom (Art 50): ECHR 24 Oct 1983
ECHR Judgment : Article 3 of Protocol No. 1 – Right to free elections-{general} : Second Section Committee Citations: 9526/20, [2022] ECHR 109 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 April 2022; Ref: scu.671773
ECHR Judgment : Article 3 of Protocol No. 1 – Right to free elections-{general} : Second Section Committee Citations: 47299/15, [2022] ECHR 110 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 April 2022; Ref: scu.671772
The claimant had been arrested on suspicion of terrorism, from his innocent association with people later convicted of terrorism. The defendant discovered evidence which would undermine the case against him, but refuse to disclose it. Eventually, after the prosecutor was refused a PII claim, he was ordered to be released and the case was dropped. … Continue reading Motasim v Crown Prosecution Service and Others: QBD 15 Aug 2017
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 24178/14, [2022] ECHR 147 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 April 2022; Ref: scu.671936
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Citations: 10978/06, [2018] ECHR 657 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.620512
Bill of Rights 1689 – Constitution – Parliament – Parliamentary Privilege – Separation of Powers – Immunity – Jurisdiction of Court – Human Rights – Public Authority – Child Abuse – Inquiry Report – Motion for an Unopposed Return – ECHR Art 8 – ECHR Art 6 – Damages – St Helena and Ascension Island … Continue reading Warsama and Another v The Foreign and Commonwealth Office and Others (Bill of Rights 1689 – Constitution – Parliament – Separation of Powers – Child Abuse): QBD 15 Jun 2018
ECHR Judgment : Article 5 – Right to liberty and security : First Section Committee Citations: 43924/12, [2018] ECHR 572 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.619991
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 41299/09, [2018] ECHR 571 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.619967
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 24/11, [2018] ECHR 575 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.619970
ECHR Judgment : Article 6+6-3-d – Right to a fair trial : First Section Committee Citations: 15477/14, [2018] ECHR 573 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.619984
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 30015/09, [2018] ECHR 574 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.619968
ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee Citations: 18490/09, [2022] ECHR 165 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 April 2022; Ref: scu.672079
A 15-year old boy was killed during the course of incidents in a Turkish city which involved demonstrations, shop closures and attacks on public buildings. The government maintained that he had been hit by a bullet fired by armed demonstrators at the local gendarmerie. An official investigation was quite soon discontinued. Held: The force used … Continue reading Gulec v Turkey: ECHR 1995
The respondent appealed from orders made as to the conduct of an investigation into an attempted suicide in prison. The judge had severely criticised the appellant’s treatment of the case. Held: The appeal failed. The court recited the requirements for an independent inquiry into such an incident in custody. The judge was correct to require … Continue reading D, Regina (on the Application of) v Secretary of State for the Home Department (Inquest Intervening): CA 28 Feb 2006
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this. Held: There existed a similar duty to hold an enhanced investigation as exists after a suicide, though: ‘The initial investigation should be prompt, … Continue reading JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department: HL 26 Nov 2008
ECHR Judgment : Article 5 – Right to liberty and security : Second Section Citations: 227/13, [2022] ECHR 97 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 April 2022; Ref: scu.671757
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 40694/13, [2018] ECHR 449 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617291
ECHR Judgment : No Article 5 – Right to liberty and security : Third Section Citations: 55844/12, [2018] ECHR 453 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617294
ECHR Judgment : Article 2 – Right to life : Second Section Citations: 54558/11, [2018] ECHR 454 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617287
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 24688/05, [2018] ECHR 464 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617292
ECHR Judgment : Article 2 – Right to life : Fourth Section Committee Citations: 889/15, [2018] ECHR 463 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617293
ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 37725/15, [2018] ECHR 460 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617284
ECHR Judgment : Article 6 – Right to a fair trial : Second Section French Text Citations: 17047/07, [2018] ECHR 465 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617295
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 41281/13, [2018] ECHR 451 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617285
ECHR Judgment : Article 3 – Prohibition of torture : Second Section Committee ECHR Judgment : Non-pecuniary damage – award : Second Section Committee Citations: 74441/14, [2018] ECHR 459, [2019] ECHR 657 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617283
ECHR Judgment : Article 2 – Right to life : Fourth Section Committee Citations: 43899/13, [2018] ECHR 462 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617289
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 30502/05, [2018] ECHR 461 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617286
ECHR Judgment : Article 3 – Prohibition of torture : Second Section Committee Citations: 30921/10, [2018] ECHR 458 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617288
ECHR Judgment : Article 3 – Prohibition of torture : Second Section Citations: 69929/12, [2018] ECHR 456 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617282
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Citations: 24459/12, [2018] ECHR 450 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617290
ECHR Judgment : Article 10 – Freedom of expression-{general} : Fourth Section Citations: 37326/13, [2018] ECHR 397 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617270
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 921/14, [2018] ECHR 452 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617281
ECHR Judgment : Article 3 – Prohibition of torture : Second Section Citations: 37869/08, [2018] ECHR 399 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617272
ECHR Judgment : No Article 6 – Right to a fair trial : Fourth Section Citations: 35517/11, [2018] ECHR 400 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617273
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Citations: 62798/09, [2018] ECHR 457 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617280
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Citations: 14416/06, [2018] ECHR 392 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617266
ECHR Judgment : Article 3 – Prohibition of torture : Second Section Citations: 16026/12, [2018] ECHR 455 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617279
ECHR Judgment : No Article 6 – Right to a fair trial : Second Section Citations: 1385/07, [2018] ECHR 393 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617265
ECHR Judgment : No Article 3 – Prohibition of torture : Third Section Citations: 6312/13, [2018] ECHR 396 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617245
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Citations: 52550/08, [2018] ECHR 394 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617257
ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Citations: 62526/15, [2018] ECHR 398 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 April 2022; Ref: scu.617253
Explanation of Medical Risks essential The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised. Held: The appeal failed. A mentally competent patient has an absolute right to refuse to consent to medical treatment for any reason, rational or … Continue reading Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital: HL 21 Feb 1985
Appeal against a decision of Sir Anthony May P whereby he refused an application by MM and by AO, a child, by her mother and litigation friend, for a mandatory order requiring the Secretary of State for the Home Department to make arrangements for an independent inquiry claimed to be required for compliance with article … Continue reading MM and AO (A Child), Regina (on The Application of) v Secretary of State for The Home Department: CA 18 May 2012
PIP Arrangements not Discriminatory The claimant suffered a life limiting condition, but not so that her death could be reasonably expected within six months. She complained that the resulting unavailability of PIP and UC without assessment was discriminatory as opposed to those who were predicted not so to survive, but did in fact do so. … Continue reading The Department for Communities v Cox: CANI 3 Aug 2021
The claimant’s son had been one of six soldiers of the Royal Military police to have been murdered by an armed mob attacking a police station in Iraq in 2003. The said that their deaths had not been properly or sufficiently investigated. The corone had requested the police to investigate whether there had been any … Continue reading Long, Regina (on The Application of) v Secretary of State for Defence: Admn 15 Jul 2014
Citations: 25851/06, [2010] ECHR 548 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 April 2022; Ref: scu.408485
Claim, after arrest and release, for damages for wrongful arrest and false imprisonment, and also for a declaration that his rights under Articles 5 and 8 of the European Convention on Human Rights have been infringed and consideration of whether damages amount to just satisfaction. Judges: Philip Mott QC Sitting as a Deputy High Court … Continue reading Fittschen v Chief Constable of Dorset Police: QBD 25 Feb 2022
ECHR Judgment : No Article 1 of Protocol No. 1 – Protection of property Article 1 of Protocol No. 1 – Protection of… : Fourth Section Committee Citations: 67544/13, [2018] ECHR 365 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 April 2022; Ref: scu.609118
ECHR Judgment : No Article 6 – Right to a fair trial : Grand Chamber Citations: 40160/12, [2018] ECHR 306 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 April 2022; Ref: scu.608907
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 40559/12, [2018] ECHR 304 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 April 2022; Ref: scu.608903
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Citations: 28417/07, [2018] ECHR 305 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 April 2022; Ref: scu.608885
ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Citations: 15074/08, [2018] ECHR 301 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 April 2022; Ref: scu.608891
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 21791/12, [2018] ECHR 303 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 April 2022; Ref: scu.608881