ECHR Judgment : Preliminary objection joined to merits and dismissed : Fourth Section Citations: 2265/12, [2022] ECHR 937 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.682644
ECHR Judgment : Remainder inadmissible : Fourth Section Citations: 59012/17, [2022] ECHR 930 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.682643
ECHR Judgment : Preliminary objection dismissed : First Section Citations: 46342/19, [2022] ECHR 912 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.682337
The claimant, who suffered Down’s Syndrome, complained that the 1967 Act as amended unlawfully discriminated against her and those like her. Judges: Lord Justice Underhill (Vice-President of the Court of Appeal (Civil Division)) Lady Justice Thirlwall And Lord Justice Peter Jackson Citations: [2022] EWCA Civ 1559 Links: Bailii, Judiciary, Judiciary Summary Statutes: Abortion Act 1967 … Continue reading Crowter and Another, Rex (on The Application of) v The Secretary of State for Health and Social Care: CA 25 Nov 2022
Whether extradition to allow prosecution for theft of 80 pounds in 2003 was proportionate. Judges: Mr Justice Julian Knowles Citations: [2022] EWHC 2913 (Admin) Links: Bailii Statutes: ECHR European Convention on Human Rights 8 Jurisdiction: England and Wales Extradition, Human Rights Updated: 30 November 2022; Ref: scu.683566
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017
Citations: 65311/09 (Judgment (Merits and Just Satisfaction) : Court (Second Section)), [2016] ECHR 249 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.560998
Citations: 47530/13 (Judgment (Merits and Just Satisfaction) : Court (Third Section Committee)) French Text, [2016] ECHR 253 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.560999
Citations: 23304/05 (Judgment (Merits and Just Satisfaction) : Court (Third Section Committee)), [2016] ECHR 248 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.560997
Appeal against an order of Deputy Master Eyre by which he struck out the appellant’s statements of case and dismissed the action with judgment for the defendant with costs. The claimant said that the procedures adopted by the Board in disciplinary proceedings had (inter alia) infringed her human rights. She had eventually been cleared of … Continue reading O’Connor v Bar Standards Board: QBD 18 Dec 2014
The serving prisoner said that new general restrictions on smoking in public buildings applied also in prisons. were a breach of his human rights. The only spaces where prisoners were allowed now to smoke were their cells, and he would share cells with smokers, suffering second hand inhalation. He suffered health problems. Judges: Singh J … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: Admn 5 Mar 2015
The Coroner, conducting an investigation into a person’s death, issued notices under para 1(2) of Schedule 5 to the Coroners and Justice Act 2009, requiring the Revenue and Customs Commissioners to provide occupational information concerning the deceased for the purpose of investigating whether he had died as a result of an industrial disease. The Commissioner … Continue reading Revenue and Customs, Regina (on The Application of) v HM Coroner for The City of Liverpool: Admn 21 May 2014
A challenge was made to the ban on smoking at a secure hospital. Judges: Lord Clarke MR, Keene, Moses LJJ Citations: [2009] EWCA Civ 795, [2010] PTSR 674, [2009] HRLR 31 Links: Bailii Statutes: European Convention ofHuman Rights 8 14 Jurisdiction: England and Wales Cited by: Cited – Black, Regina (on The Application of) v … Continue reading N, Regina (on The Application of) v Secretary of State for Health: CA 24 Jul 2009
Resolution as to execution of judgment Citations: 32526/05, [2011] ECHR 1637 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Appeal from – Sampanis v Greece ECHR 5-Jun-2008 The Greek authorities failed to enrol in school a group of Greek children of Roma origin who were receiving no formal education for an … Continue reading Sampanis and Others v Greece: ECHR 8 Aug 2011
Citations: 46113/99, [2010] ECHR 306 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.403023
Citations: 40384/04, [2009] ECHR 428 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.317919
The deceased had committed suicide in his prison cell. Prison officers were charged with manslaughter by gross neglect, but they were discharged. The applicant sought now to challenge the refusal of the coroner to allow to be called to give evidence a psychiatrist who had provided a report to the family’s solicitors. The coroner felt … Continue reading Warren, Regina (on the Application of) v Her Majesty’s Assistant Coroner for Northamptonshire: Admn 29 Apr 2008
The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006
Citations: 45630/99, [2004] ECHR 194 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.211527
(i) A decision of the Secretary of State not to grant indefinite leave to remain to a person subject to the restricted leave policy (‘the RL policy’) does not normally engage Article 8 of the European Convention on Human Rights. However, Article 8 may be engaged by a decision to refuse to grant indefinite leave … Continue reading MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
The defendant sought to defend the claim for defamation by claiming fair comment. The claimant said that the relevant facts were not known to the defendant at the time of the publication. Held: To claim facts in aid of a defence of fair comment, it would make no sense if those facts were not known … Continue reading Lowe v Associated Newspapers Ltd: QBD 28 Feb 2006
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013
The applicants’ young child had been suspected of being the victim of physical abuse. After court proceedings the child was removed. In later proceedings and after being placed with an aunt, she was diagnosed as having brittle bone disease. In the meantime, the mother had suffered ostracism in her community. The court had found her … Continue reading RK and AK v The United Kingdom: ECHR 18 Oct 2005
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
ECHR Judgment : No Article 8 – Right to respect for private and family life : First Section Citations: 10390/15, [2022] ECHR 986 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682607
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 17230/19, [2022] ECHR 970 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682641
ECHR Judgment : No Article 8 – Right to respect for private and family life : First Section Citations: 22105/18, [2022] ECHR 916 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682342
ECHR Judgment : Article 14+P1-3 – Prohibition of discrimination : First Section Citations: 49636/14, [2022] ECHR 981 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682598
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 63528/16, [2022] ECHR 949 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682623
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 72595/13, [2018] ECHR 940 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.631243
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Fair hearing Violation of Article 6 Citations: 20489/07, [2017] ECHR 508 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607723
ECHR Judgment : Remainder inadmissible : Third Section Citations: 44873/09, [2018] ECHR 950 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.631242
ECHR Judgment : No violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for correspondence Respect for private and family life Citations: 33242/12, [2017] ECHR 613 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607715
ECHR Judgment : Preliminary objection dismissed Article 35-1 – Final domestic decision No violation of Article 10 – Freedom of expression Citations: 931/13, [2017] ECHR 607 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607699
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Substantive aspect Violation of Article 5 ECHR Judgment : Struck out of the list : Third Section Committee Citations: 48826/08, [2017] ECHR 579, [2020] ECHR 263 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human … Continue reading Maznev And Others v Russia: ECHR 22 Jun 2017
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Administrative proceedings Article 6-1 – Fair hearing Equality of arms Citations: 70329/12, [2017] ECHR 597 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607675
ECHR Judgment : Violation of Article 6+6-3-c – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Fair hearing Article 6 Citations: 5217/06, [2017] ECHR 589 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607683
ECHR Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property Article 1 para. 1 of Protocol No. 1 – Peaceful enjoyment Citations: 7359/14, [2017] ECHR 531 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607679
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Reasonable time Citations: 21357/08, [2017] ECHR 516 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607692
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Citations: 30723/09, [2017] ECHR 591 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607672
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Torture Substantive aspect Violation of Article 3 Citations: 21571/05, [2017] ECHR 491 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607686
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Citations: 23137/04, [2017] ECHR 540 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607671
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Impartial tribunal Non-pecuniary loss Citations: 5856/13, [2017] ECHR 598 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607696
ECHR Judgment : No violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for family life Citations: 30441/09, [2017] ECHR 494 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607673
ECHR Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property Article 1 para. 2 of Protocol No. 1 Citations: 33076/10, [2017] ECHR 594 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607681
ECHR Judgment : Violation of Article 6+6-3-d – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Fair hearing Article 6 Citations: 38958/07, [2017] ECHR 509 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607694
ECHR Judgment : No violation of Article 2 – Right to life Article 2-1 – Life Substantive aspect Violation of Article 2 – Right to life Citations: 30500/11, [2017] ECHR 500 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607680
ECHR Judgment : No violation of Article 10 – Freedom of expression-{General} Article 10-1 – Freedom of expression Violation of Article 10 Citations: 57218/10, [2017] ECHR 535 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607654
ECHR Judgment : Violation of Article 6+6-3-c – Right to a fair trial Article 6 – Criminal proceedings Article 6 – Right to a fair trial Citations: 13289/06, [2017] ECHR 560 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607648
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention No violation of Article 5 Citations: 70440/10, [2017] ECHR 550 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607667
ECHR Judgment : Remainder inadmissible Article 35-1 – Exhaustion of domestic remedies Violation of Article 1 of Protocol No. 1 Citations: 20086/13, [2017] ECHR 614 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607668
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Citations: 66328/12, [2017] ECHR 566 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607644
ECHR Press release – inadmissible application : dismissal of Turkish civil servants after the attempted coup d’etat Citations: 70478/16, [2017] ECHR 513 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607663
ECHR Judgment : No violation of Article 3 – Prohibition of torture Article 3 – Torture Substantive aspect Violation of Article 3 Citations: 38305/07, [2017] ECHR 538 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607641
ECHR Judgment : Violation of Article 11 – Freedom of assembly and association Article 11-1 – Freedom of peaceful assembly Citations: 44699/13, [2017] ECHR 612 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607655
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Substantive aspect Violation of Article 1 Citations: 12487/09, [2017] ECHR 580 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607662
ECHR Judgment : Respondent State to take measures of a general character Article 46 – General measures Pecuniary and non-pecuniary damage ECHR Judgment : Revision rejected : Second Section Citations: 32093/10, [2017] ECHR 574, [2019] ECHR 162 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; … Continue reading Cumhuriyetci Egitim Ve Kultur Merkezi Vakfi v Turkey: ECHR 20 Jun 2017
ECHR Judgment : No violation of Article 6 – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Fair hearing Equality of arms Citations: 61503/14, [2017] ECHR 505 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607659
ECHR Judgment : No violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Substantive aspect Citations: 9635/13, [2017] ECHR 502 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607642
ECHR Judgment : Violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for family life Citations: 55950/09, [2017] ECHR 497 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607653
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-4 – Speediness of review Violation of Article 5 Citations: 61513/14, [2017] ECHR 583 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607665
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Citations: 61902/12, [2017] ECHR 520 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607633
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Citations: 71444/13, [2017] ECHR 600 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607630
ECHR Judgment : Violation of Article 10 – Freedom of expression-{General} Article 10-1 – Freedom of expression Violation of Article 6 Citations: 29969/07, [2017] ECHR 537 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607639
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-4 – Review of lawfulness of detention Citations: 56982/10, [2017] ECHR 549 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607632
ECHR Judgment : Remainder inadmissible Violation of Article 8 – Right to respect for private and family life Article 8 Citations: 13812/09, [2017] ECHR 571 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607631
Citations: 13448/07, [2010] ECHR 1509 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.425443
Citations: 4176/03, [2010] ECHR 1298 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.424132
Citations: 45783/05, [2010] ECHR 1567 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.425462
Citations: 35016/03, [2010] ECHR 1580 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.425453
Citations: 37908/04, [2010] ECHR 1489 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.425077
Citations: 33201/08, [2010] ECHR 1560 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.425461
Citations: 32553/04, [2009] ECHR 2082 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.392763
Citations: 47677/06, [2009] ECHR 2095 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.392746
Citations: 30173/06, [2009] ECHR 2099 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.392745
Citations: 26982/95, [2004] ECHR 138 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.277193
ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 6-1 (tribunal); Violation of Art. 6-1 (proceedings); Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 63151/00, [2005] ECHR 309, [2005] ECHR 309 Links: Worldlii, Bailii … Continue reading Steck-Risch and Others v Liechtenstein: ECHR 19 May 2005
Questions as to the proper interpretation of para 317(i) of the Immigration Rules (‘the Rules’) and the application of articles 8 and 14 of the European Convention on Human Rights (‘the Convention’) to that paragraph Citations: [2008] EWCA Civ 102, [2008] Imm AR 490, [2008] INLR 590 Links: Bailii Jurisdiction: England and Wales Immigration, Human … Continue reading MB (Somalia) v Entry Clearance Officer: CA 20 Feb 2008
Citations: 11843/03, [2007] ECHR 369 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.251711
Citations: 42276/98, [2002] ECHR 739 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.213249
The claimant, whilst a prisoner. had been found guilty in disciplinary proceedings, and sentenced to additional days. He was not allowed representation at the hearing. The respondent argued that, the penalty having later been quashed, the hearing had been reduced in status to an administrative hearing which did not require compliance with the Human Rights … Continue reading Napier v Secretary of State for Home Department: Admn 29 Apr 2004
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses partial award – Convention proceedingsThe court pointed to the distinction in the context of political debate between a value judgment, where the proportionality of an interference may depend on whether … Continue reading Dichand And Others v Austria: ECHR 26 Feb 2002
Whether the imposition of a Notification Order (‘N/O’) under section 97 of the Sexual Offences Act 2003 (‘SOA 2003’) was disproportionate and breached Article 8 of the European Convention on Human Rights Judges: Lord Justice Haddon-Cave and Mr Justice Holgate Citations: [2020] EWHC 1053 (Admin) Links: Bailii Jurisdiction: England and Wales Criminal Sentencing, Human Rights … Continue reading Halabi, Regina (on The Application of) v The Crown Court At Southwark: Admn 1 May 2020
Citations: 49518/99, [2003] ECHR 540, [2003] ECHR 540 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 November 2022; Ref: scu.213539
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
Citations: 18831/02, [2006] ECHR 1006 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.246880
Citations: 43090/04, [2006] ECHR 1020 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.246875
The patient had been detained under the Act and was incapable of making an application for her freedom. Held: There was a duty on the state to ensure that mechanisms were made available to a patient to apply to review her continued detention where she was herself incompetent to make such an application. Having been … Continue reading MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004
Citations: 38469/97, [2000] ECHR 76 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.211695
A single homosexual man complained that the respondent state had made it impossible for him to adopt a child. Held: The claim was within the ambit of article 8 as regards respect for family life, but the court dismissed the claim under article 14 in conjunction with article 8, on margin of appreciation grounds. The … Continue reading Frette v France: ECHR 26 Feb 2002
There are certain grounds of factual difference which by common accord are not acceptable, without more, as a basis for different legal treatment, including sexual orientation: ‘. . the Contracting States enjoy a margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a different treatment in law. The … Continue reading Frette v France: ECHR 2002
The applicants wished to challenge the confiscation of their goods by the Commissioners of Customs and Excise on their return to Dover. They appealed the refusal of Legal Aid. Held: The Convention guaranteed the right to legal assistance for someone charged with a criminal offence and who could not afford representation, but these condemnation proceedings … Continue reading Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial awardThe mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life, and the placement of children in foster homes or other accommodation which they … Continue reading Kutzner v Germany: ECHR 26 Feb 2002
The Claimant seeks damages from the Defendant for alleged professional negligence in the conduct of certain legal proceedings commenced in 2014 and 2015. These proceedings, comprising a claim in the Employment Tribunal, a petition under section 994 of the Companies Act 2006 and a further claim for damages in the High Court, were for the … Continue reading ABC v Shulmans Llp: ComC 25 Sep 2019
ECHR Judgment : Remainder inadmissible : Third Section Citations: 65550/13, [2018] ECHR 1012 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631264
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 42991/13, [2018] ECHR 999 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631266
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Citations: 42507/06, [2018] ECHR 968 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631239
ECHR Judgment : Article 2 – Right to life : Third Section Committee Citations: 5374/07, [2018] ECHR 980 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631296