Search Results for: European Convention on Human Rights 8 6

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Ismail v Secretary of State for Home Department: Admn 26 Mar 2013

The court was asked as to the extent of the Secretary of State’s discretion and obligation to consider a person’s Article 6 rights when requested personally to serve a judgment of an overseas court pursuant to a request for mutual legal assistance from the government of the country of that overseas court. The Claimant said … Continue reading Ismail v Secretary of State for Home Department: Admn 26 Mar 2013

A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013

A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B was 2 and a … Continue reading A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013

Falter Zeitschriften Gmbh v Austria (No 2) (1707): ECHR 18 Sep 2012

Citations: 3084/07 – HEJUD, [2012] ECHR 1707 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Falter Zeitschriften Gmbh v Austria (No 2) (2044) ECHR 18-Sep-2012 ECHR Article 10-1 Freedom of expression Publication of untrue statements concerning alleged judicial bias: no violation Facts – In May 2005 a … Continue reading Falter Zeitschriften Gmbh v Austria (No 2) (1707): ECHR 18 Sep 2012

Myshchyshyn v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 41557/13, [2022] ECHR 772 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681711

Department for Work and Pensions v Courts: Admn 3 May 2006

The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006

Wynne v United Kingdom: ECHR 18 Jul 1994

A Discretionary lifer is not entitled to a review by a court of his continued detention. His article five rights were not breached. Where a national court imposed a fixed sentence of imprisonment, the supervision required by article 5.4 was incorporated into that judgment. The court held that the mandatory life sentence belonged to a … Continue reading Wynne v United Kingdom: ECHR 18 Jul 1994

Rowe and Davis v The United Kingdom: ECHR 16 Feb 2000

(Grand Chamber) Complaint as to non-disclosure of prosecution evidence. Judges: Wildhaber P Citations: [2000] ECHR 91 Links: Bailii Statutes: European Convention on Human Rights 5 6.1 Citing: Conjoined Hearing – Jasper v The United Kingdom ECHR 16-Feb-2000 Grand Chamber – The defendants had been convicted after the prosecution had withheld evidence from them and from … Continue reading Rowe and Davis v The United Kingdom: ECHR 16 Feb 2000

Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013

UTIAC 1. In cases to which the new Immigration Rules introduced as from 9 July 2012 by HC 194 apply, judges should proceed by first considering whether a claimant is able to benefit under the applicable provisions of the Immigration Rules designed to address Article 8 claims. Where the claimant does not meet the requirements … Continue reading Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013

Ignatova v Bulgaria: ECHR 18 Oct 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 39954/19, [2022] ECHR 904 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681858

Adamovych v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 2564/21, [2022] ECHR 795 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681628

Muhammad v Spain: ECHR 18 Oct 2022

ECHR Judgment : Preliminary objection dismissed : Third Section Citations: 34085/17, [2022] ECHR 901 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681863

Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

Adeojo and Another v Regina: CACD 6 Feb 2013

The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013

Selmouni v France: ECHR 25 Nov 1996

Citations: [1996] ECHR 100, 25803/94 Links: Bailii Statutes: European Convention on Human Rights 3 Cited by: Cited – Selmouni v France ECHR 28-Jul-1999 Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – . .Cited – Selmouni … Continue reading Selmouni v France: ECHR 25 Nov 1996

SR v The Netherlands (Dec): ECHR 18 Sep 2012

ECHR Article 5 Article 5-4 Review of lawfulness of detention Supreme Court decision declaring appeal inadmissible but nevertheless addressing the merits: inadmissible Article 5-1-e Persons of unsound mind Court order for admission to psychiatric hospital for observation owing to concerns about applicant’s mental state: inadmissible Facts – In July 2006 a public prosecutor submitted a … Continue reading SR v The Netherlands (Dec): ECHR 18 Sep 2012

Falter Zeitschriften Gmbh v Austria (No 2) (2044): ECHR 18 Sep 2012

ECHR Article 10-1 Freedom of expression Publication of untrue statements concerning alleged judicial bias: no violation Facts – In May 2005 a certain HP was acquitted in criminal proceedings of the attempted rape of an asylum-seeker. The applicant company published an article which was highly critical of those proceedings, in particular on account of the … Continue reading Falter Zeitschriften Gmbh v Austria (No 2) (2044): ECHR 18 Sep 2012

Egmez v Cyprus (Dec): ECHR 18 Sep 2012

ECHR Article 35-3 Ratione materiae Complaint relating to implementation of previous European Court judgment and raising no new facts: inadmissible Facts – In a judgment of 21 December 2000,* the Court found that the applicant in the present case had been ill-treated contrary to Article 3, and that there had been a breach of Article … Continue reading Egmez v Cyprus (Dec): ECHR 18 Sep 2012

Harman v United Kingdom: ECHR 11 May 1984

ECHR Article 7 of the Convention: Allegedly unforeseeable conviction for the contempt of court (Complaint declared admissible). Articles 10 and 14 of the Convention : Official documents produced in the course of discovery proceedings: solicitor found guilty of contempt of court notwithstanding that the documents had been read out in open court. Question of violation … Continue reading Harman v United Kingdom: ECHR 11 May 1984

Basu v Germany: ECHR 18 Oct 2022

ECHR Judgment : Remainder inadmissible : Third Section Citations: 215/19, [2022] ECHR 903 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.681856

Sengul And Others v Turkiye: ECHR 18 Oct 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 10596/13, [2022] ECHR 898 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.681864

Loucaides v Cyprus: ECHR 18 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Citations: 60277/19, [2022] ECHR 905 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.681859

Boldyrev And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 19957/21, [2022] ECHR 803 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681647

Kushtyev And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 15984/21, [2022] ECHR 798 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681699

Gunnerside Estates Limited v Terence Milner, Cynthia Mary Milner (Easements): LRA 18 Aug 2010

LRA An application to cancel a unilateral notice in respect of shooting rights on the basis that such rights interfered with the registered proprietors’ human rights under Article 8 of the European Convention on Human Rights and Article 1 of the First Protocol. Human rights found to have no relevance to the question of cancellation, … Continue reading Gunnerside Estates Limited v Terence Milner, Cynthia Mary Milner (Easements): LRA 18 Aug 2010

Demidetskiy v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 50829/09, [2022] ECHR 770 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681667

Liu v Poland: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : First Section Citations: 37610/18, [2022] ECHR 793 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681702

Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012

The defendant appealed against an anti-social behaviour order. He had been a journalist, and began a private newsletter and campaign alleging amongst other things corruption in the police. He complained that his article 10 rights had been infringed. Held: The order was quashed. Pitchford LJ said: ‘that separate issues arise out of these blogs. In … Continue reading Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012

MF (Article 8 – New Rules) Nigeria: UTIAC 31 Oct 2012

UTIAC Prior to the new immigration rules (HC 194) introduced on 9 July 2012, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights.The … Continue reading MF (Article 8 – New Rules) Nigeria: UTIAC 31 Oct 2012

Re Erskine 1948 Trust: ChD 29 Mar 2012

The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012

Kornilov v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 25633/18, [2022] ECHR 791 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681687

Gorbunenko v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 23534/20, [2022] ECHR 782 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681672

Morck Jensen v Denmark: ECHR 18 Oct 2022

ECHR Judgment : No Article 7 – No punishment without law : Second Section Citations: 60785/19, [2022] ECHR 906 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681862

Moral And Others v Turkiye: ECHR 18 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 49867/17, [2022] ECHR 902 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681861

Moamer v Bulgaria: ECHR 18 Oct 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 40124/19, [2022] ECHR 897 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 November 2022; Ref: scu.681860

Juszczyszyn v Poland: ECHR 6 Oct 2022

ECHR Judgment : Preliminary objection dismissed : First Section Citations: 35599/20, [2022] ECHR 794 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 November 2022; Ref: scu.681679

Redfearn v The United Kingdom: ECHR 6 Nov 2012

The applicant alleged that his rights had been infringed by his dismissal from his post as driver transporting children and adults with physical and/or mental disabilities. He had stood for election as a candidate for the British National Party, a party then allowing only white nationals as members. The majority of his customers and a … Continue reading Redfearn v The United Kingdom: ECHR 6 Nov 2012

Stokes v The United Kingdom: ECHR 18 Oct 2012

The applicant complained of the failure to protect her article 8 rights. As a traveller and heavily pregnant she had been obliged to vacate her temporary pitch. Citations: 65819/10 – HECOM, [2012] ECHR 1862 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights, Housing, Land Updated: 06 November 2022; Ref: scu.465579

Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, Slovenia And The Former Yugoslav Republic Of Macedonia: ECHR 6 Nov 2012

Citations: 60642/08 – HEJUD, [2012] ECHR 1880 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Emina Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, Slovenia And The Former Yugoslav Republic Of Macedonia ECHR 17-Oct-2011 . . Cited by: See Also – Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, … Continue reading Alisic And Others v Bosnia And Herzegovina, Croatia, Serbia, Slovenia And The Former Yugoslav Republic Of Macedonia: ECHR 6 Nov 2012

Parkhomenko And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 13422/21, [2022] ECHR 797 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681719

Bantysh And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 13063/18, [2022] ECHR 790 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681640

Telepenko v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 31763/20, [2022] ECHR 785 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681751