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HXA v The Home Office: QBD 21 May 2010

The claimant challenged as unlawful his administrative detention for 10 months pending deportation. Judges: King J Citations: [2010] EWHC 1177 (QB) Links: Bailii Statutes: European Convention of Human Rights 5, Immigration Act 1971 5(5) Jurisdiction: England and Wales Citing: Cited – A v Secretary of State for the Home Department, and X v Secretary of … Continue reading HXA v The Home Office: QBD 21 May 2010

Johansson v Finland: ECHR 6 Sep 2007

Citations: 10163/02, [2007] ECHR 711 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 August 2022; Ref: scu.259243

Khaydarov v Russia: ECHR 20 May 2010

Citations: 21055/09, [2010] ECHR 685 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 August 2022; Ref: scu.416292

Flaxmode Ltd v Revenue and Customs: FTTTx 13 Jan 2010

FTTTx INCOME TAX-PENALTY-Failure to produce documents in accordance with section 19 TMA 1970 order – daily penalties imposed under section 97AA(1)(b)TMA 1970 – was the penalty a criminal charge within the meaning given by Strasbourg cases – no – was article 6(3)(a) ECHR engaged – no – did the penalty determination comply with section 100 … Continue reading Flaxmode Ltd v Revenue and Customs: FTTTx 13 Jan 2010

Birmingham City Council v Clue (Shelter intervening): CA 29 Apr 2010

The claimant had sought housing from the appellant. It had taken the view that her application for indefinite leave to remain would be refused and had rejected her application. The court had found it improper of the council to prejudge the decision of the immigration authorities. The council appealed. Held: The appeal failed. Except only … Continue reading Birmingham City Council v Clue (Shelter intervening): CA 29 Apr 2010

Charahili v Turkey: ECHR 13 Apr 2010

Citations: 46605/07, [2010] ECHR 565 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016 The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the … Continue reading Charahili v Turkey: ECHR 13 Apr 2010

Depalle v France: ECHR 29 Mar 2010

Grand ChamberThe Court summarised the effect of Sporrong: ‘The Court reiterates that, according to its case-law, Article 1 of Protocol No 1, which guarantees in substance the right of property, comprises three distinct rules (see, inter alia, James v United Kingdom (1986) 8 EHRR 123, para 37): the first, which is expressed in the first … Continue reading Depalle v France: ECHR 29 Mar 2010

Dimakos v Romania: ECHR 6 Jul 2010

Citations: 10675/03, [2010] ECHR 1056 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 August 2022; Ref: scu.420460

Dolhamre v Sweden: ECHR 8 Jun 2010

Citations: 67/04, [2010] ECHR 855 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 August 2022; Ref: scu.416505

CN v The United Kingdom: ECHR 26 Mar 2010

Citations: 4239/08, [2010] ECHR 380 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – CN v The United Kingdom ECHR 13-Nov-2012 The claimant said that having been raped repeatedly in Uganda, she had fled to England, where her passport was taken and she was forced to work and her earnings taken, … Continue reading CN v The United Kingdom: ECHR 26 Mar 2010

Salford City Council v Mullen: CA 30 Mar 2010

The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that such decisions, being decisions affecting their Article 8 rights must be subject to challenge.The court considered the situation at Human … Continue reading Salford City Council v Mullen: CA 30 Mar 2010

Daltel Europe Ltd and others v Makki and others: CA 28 Feb 2006

The defendant had breached freezing orders and had verified statements put before the court without honestly believing them. He now challenged the subsequent contempt proceedings saying that they were criminal within section 25 of the 1988 Act and hearsay evidence should not have been allowed. Held: The use of section 25 was confined to the … Continue reading Daltel Europe Ltd and others v Makki and others: CA 28 Feb 2006

Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013

The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in the United Kingdom as an illegal immigrant, another Albanian national named … Continue reading Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013

Hakan Duman v Turkey: ECHR 23 Mar 2010

The claimant said he had not been given appropriate access to a lawyer when in police custody. Held: The use of statements obtained at the stage of the police inquiry and the judicial investigation is not inconsistent with article 6(1), provided that the rights of the defence are respected. Citations: 28439/03, [2010] ECHR 368 Links: … Continue reading Hakan Duman v Turkey: ECHR 23 Mar 2010

Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010

The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. Judges: Mummery, Maurice Kay, Hooper LJJ Citations: [2010] EWCA Civ 212 Links: Bailii Statutes: British Nationality Act 1981 40(4) Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010

Van Colle and Van Colle v The United Kingdom: ECHR 9 Feb 2010

Statement of Facts Citations: 7678/09, [2010] ECHR 247 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Van Colle v Hertfordshire Police QBD 10-Mar-2006 The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the … Continue reading Van Colle and Van Colle v The United Kingdom: ECHR 9 Feb 2010

Gradek v Poland: ECHR 8 Jun 2010

Citations: 39631/06, [2010] ECHR 852 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 August 2022; Ref: scu.416507

Bicer v Turkey: ECHR 8 Jun 2010

Citations: 21316/05, [2010] ECHR 846 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 August 2022; Ref: scu.416504

Lelas v Croatia: ECHR 20 May 2010

Citations: 55555/08, [2010] ECHR 687 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 August 2022; Ref: scu.416298

Gorny v Poland: ECHR 8 Jun 2010

Citations: 50399/07, [2010] ECHR 850 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 August 2022; Ref: scu.416506

Racareanu v Romania: ECHR 1 Jun 2010

Citations: 14262/03, [2010] ECHR 761 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 August 2022; Ref: scu.416333

Kamyshev v Ukraine: ECHR 20 May 2010

Citations: 3990/06, [2010] ECHR 696 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 August 2022; Ref: scu.416290

Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011

(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011

Zaichenko v Russia: ECHR 18 Feb 2010

(First Section) The claimant complaned that he had not been allowed access to a lawyer when being questioned by police when he was not under arrest. He had been stopped driving home from work and his car inspected by the police after reports of workers stealing diesel from their service vehicles. Two cans of diesel … Continue reading Zaichenko v Russia: ECHR 18 Feb 2010