Search Results for: European Convention on Human Rights 86

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Jan Konas v Poland: ECHR 15 Dec 2009

Citations: 54862/07, [2009] ECHR 2227 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 August 2022; Ref: scu.416080

NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010

The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in Chapter III of the Regulation fall within the scope of … Continue reading NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010

Kucera v Slovakia: ECHR 17 Jul 2007

Citations: 48666/99, [2007] ECHR 609 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 August 2022; Ref: scu.258248

Sabeva v Bulgaria: ECHR 10 Jun 2010

Citations: 44290/07, [2010] ECHR 886 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 August 2022; Ref: scu.418561

Garagulya v Russia: ECHR 20 May 2010

Citations: 12157/06, [2010] ECHR 695 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 August 2022; Ref: scu.416286

Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life. Held: The decision … Continue reading Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

Vyrovyy v Ukraine: ECHR 12 Jul 2007

Citations: 28746/03, [2007] ECHR 594 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 August 2022; Ref: scu.258286

Skrzynski v Poland: ECHR 6 Sep 2007

Citations: 38672/02, [2007] ECHR 713 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 August 2022; Ref: scu.259255

Oluic v Croatia: ECHR 20 May 2010

Citations: 61260/08, [2010] ECHR 686 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 August 2022; Ref: scu.416309

Choumakov v Poland: ECHR 29 Jul 2008

Citations: 33868/05, [2008] ECHR 744 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 August 2022; Ref: scu.272664

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

Somchenko v Russia: ECHR 31 Jul 2007

Citations: 33986/02, [2007] ECHR 688 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 August 2022; Ref: scu.258575

Juncal v The United Kingdom (Dec): ECHR 17 Sep 2013

Article 5-1-e Persons of unsound mind Order for psychiatric confinement made as a result of finding of unfitness to plead: inadmissible Facts – In December 1997 the applicant was brought before the Crown Court on a charge of unlawful wounding. He claimed he had been acting in self-defence. However, after hearing psychiatric evidence that had … Continue reading Juncal v The United Kingdom (Dec): ECHR 17 Sep 2013

Peak v Hungary: ECHR 1 Jul 2008

Citations: 20280/04, [2008] ECHR 574 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 August 2022; Ref: scu.270686

Bobrowski v Poland: ECHR 17 Jun 2008

Citations: 64916/01, [2008] ECHR 529 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 August 2022; Ref: scu.270086

Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009

Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples. Held: The aim of discouraging homosexual relationships is equally impermissible under sections 7(1) and 14 of the Constitution of Gibraltar. The suggested aims are incoherent and the means employed … Continue reading Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009

Denisova v Russia: ECHR 18 Sep 2008

Citations: 34431/04, [2008] ECHR 860 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 August 2022; Ref: scu.276579

Fokin v Russia: ECHR 18 Sep 2008

Citations: 75893/01, [2008] ECHR 849 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 August 2022; Ref: scu.276586

McDonagh, Regina (on The Application of) v Chief Constable of Leicestershire Constabulary: Admn 19 Dec 2013

The claimant alleged that his treatment in the police station had been wrongful. His solicitor, representing two clients, had refused to attend the interview with the claimant until he had seen the second client. There was a scene and the solicitor was excluded. The claimant said that this had unlawfully imposed a condition on his … Continue reading McDonagh, Regina (on The Application of) v Chief Constable of Leicestershire Constabulary: Admn 19 Dec 2013

Manchester City Council v Pinnock: SC 9 Feb 2011

The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011

Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Osborn v The Parole Board: SC 9 Oct 2013

Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013

Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Airedale NHS Trust v Bland: HL 4 Feb 1993

Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993

Agrokualita Eood v Romania: ECHR 5 Jul 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 18669/19, [2022] ECHR 548 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.678985

Kemmache v France (Nos. 1 And 2) (Article 50): ECHR 2 Nov 1993

ECHR Judgment (Just Satisfaction) – Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 14992/89, [1993] ECHR 51, 12325/86 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: … Continue reading Kemmache v France (Nos. 1 And 2) (Article 50): ECHR 2 Nov 1993

Potter for Judicial Review of Acts and Decisions of the Scottish Prison Service: OHCS 20 Mar 2007

The prisoner complained that the prison arranged that outgoing telephone calls from the prison should be preceded by a message which said the call was being made from a prison. Held: There was no lawful authority for the message. The prison rules allowed rules to be made for the purposes of the regulation, management or … Continue reading Potter for Judicial Review of Acts and Decisions of the Scottish Prison Service: OHCS 20 Mar 2007

Ciancimino v Italy: ECHR 27 May 1991

Citations: 12541/86, [1991] ECHR 74 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.273149

Trojanowski v Poland: ECHR 8 Feb 2011

Citations: 27952/08, [2011] ECHR 220 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.428634

Musayeva v Russia: ECHR 3 Jul 2008

Citations: 12703/02, [2008] ECHR 586 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.270683

Maruseva v Russia: ECHR 29 May 2008

Citations: 28602/02, [2008] ECHR 461 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.268125