Search Results for: European Convention on Human Rights 9

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Kirkwood v The United Kingdom: ECHR 12 Mar 1984

(Admissibility – Commission) The claimant, a United States national, said that the proceedings for his extradition from the United Kingdom to the United States infringed article 6(3)(d), because he was not permitted to cross-examine the witnesses against him in the United Kingdom. Held: Although ‘the tasks of the Magistrates’ Court included the assessment of whether … Continue reading Kirkwood v The United Kingdom: ECHR 12 Mar 1984

QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

Judges: Sedley, Longmore, Maurice Kay LJJ Citations: [2009] EWCA Civ 620, [2009] INLR 514, [2010] Imm AR 132, C5/2008/1706, C5/2009/0251 Links: Bailii Statutes: European Convention on Human Rights 2 3, Directive 2004/83/EC Jurisdiction: England and Wales Citing: Examined – Elgafaji and Elgafaji v Staatssecretaris van Justitie ECJ 17-Feb-2009 Europa (Grand Chamber) Directive 2004/83/EC – Minimum … Continue reading QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore subject to security round-ups of such people which occurred when the … Continue reading Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

Rafferty and Another v Secretary of State for Communities and Local Government and Another: CA 29 Jul 2009

Appeal against refusal of permission for change of use. The permission sought was for a change of use to a residential gypsy caravan site for two Romany gypsies. The issue was whether an Article 8 right could be established in respect of a prospective home. Citations: [2009] EWCA Civ 809, [2009] 31 EG 72, [2010] … Continue reading Rafferty and Another v Secretary of State for Communities and Local Government and Another: CA 29 Jul 2009

Secretary of State for the Home Department v Sim and The Parole Board: CA 19 Dec 2003

The prisoner was subject to an extended sentence, and had been recalled to prison. He now complained that the recall procedure had infringed his human rights. Judges: Ward, Keene LJJ, Munby J Citations: [2003] EWCA Civ 1845, [2004] 2 WLR 1170, [2004] HRLR 15 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000& 85, … Continue reading Secretary of State for the Home Department v Sim and The Parole Board: CA 19 Dec 2003

Zielinski v France: ECHR 28 Oct 1999

Hudoc The applicants challenged a retrospective change in employment law under article 6(1). Held: The court stated that while in principle the legislature is not precluded in civil matters from adopting new retrospective provisions to regulate rights arising under existing laws, the principle of the rule of law and the notion of fair trial enshrined … Continue reading Zielinski v France: ECHR 28 Oct 1999

Aquilina v Malta: ECHR 9 Jun 2020

ECHR Judgment : Protection of property : Third Section ECHR Judgment : Protection of property : Third Section Citations: 40246/18, [2020] ECHR 409, [2020] ECHR 426 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.651302

Mk v Hungary: ECHR 9 Jun 2020

ECHR Judgment : Right to liberty and security : Fourth Section Committee ECHR Judgment : Right to liberty and security : Fourth Section Committee Citations: 46783/14, [2020] ECHR 417, [2020] ECHR 434 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.651329

Draskovic v Montenegro: ECHR 9 Jun 2020

ECHR Judgment : Right to respect for private and family life : Second Section ECHR Judgment : Right to respect for private and family life : Second Section Citations: 40597/17, [2020] ECHR 406, [2020] ECHR 423 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: … Continue reading Draskovic v Montenegro: ECHR 9 Jun 2020

Dudas v Romania: ECHR 9 Jun 2020

ECHR Judgment : Right to a fair trial : Fourth Section Committee ECHR Judgment : Right to a fair trial : Fourth Section Committee Citations: 80278/13, [2020] ECHR 418, [2020] ECHR 435 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.651312

Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

Test for police protection need The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2. Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s expectation being falsified either in one … Continue reading Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981

Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have been imposed on the applicants (warning, censure and reprimand . .), the suspension of which they complained undoubtedly constituted a direct and … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981

Fayed v United Kingdom: ECHR 6 Oct 1994

The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994

Nesic v Montenegro: ECHR 9 Jun 2020

ECHR Judgment : Protection of property : Second Section ECHR Judgment : Protection of property : Second Section Citations: 12131/18, [2020] ECHR 408, [2020] ECHR 425 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651331

Pshibiyev And Berov v Russia: ECHR 9 Jun 2020

ECHR Judgment : Right to respect for private and family life : Third Section ECHR Judgment : Right to respect for private and family life : Third Section Citations: 63748/13, [2020] ECHR 411, [2020] ECHR 427 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: … Continue reading Pshibiyev And Berov v Russia: ECHR 9 Jun 2020

Samsonov v Russia: ECHR 9 Jun 2020

ECHR Judgment : Freedom of expression-{general} : Third Section Committee ECHR Judgment : Freedom of expression-{general} : Third Section Committee Citations: 38427/11, [2020] ECHR 414, [2020] ECHR 431 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651337

Zulufoiu v Romania: ECHR 9 Jun 2020

ECHR Judgment : Right to a fair trial : Fourth Section Committee ECHR Judgment : Right to a fair trial : Fourth Section Committee Citations: 66110/13, [2020] ECHR 419, [2020] ECHR 436 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651345

Suzen v Turkey: ECHR 9 Jun 2020

ECHR Judgment : Freedom of assembly and association : Second Section Committee ECHR Judgment : Freedom of assembly and association : Second Section Committee Citations: 58418/10, [2020] ECHR 420, [2020] ECHR 437 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651340

Erlich And Kastro v Romania: ECHR 9 Jun 2020

ECHR Judgment : No Freedom of thought, conscience and religion : Fourth Section ECHR Judgment : No Freedom of thought, conscience and religion : Fourth Section Citations: 23735/16, [2020] ECHR 407, [2020] ECHR 424 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651313

Achilov And Others v Russia: ECHR 9 Jun 2020

ECHR Judgment : Right to liberty and security : Third Section Committee ECHR Judgment : Right to liberty and security : Third Section Committee Citations: 10780/07, [2020] ECHR 412, [2020] ECHR 429 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651300

Jeret v Estonia: ECHR 9 Jun 2020

ECHR Judgment : Prohibition of torture : Second Section Committee ECHR Judgment : Prohibition of torture : Second Section Committee Citations: 42110/17, [2020] ECHR 415, [2020] ECHR 432 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651321

Lascau v Romania: ECHR 9 Jun 2020

ECHR Judgment : Right to a fair trial : Fourth Section Committee ECHR Judgment : Right to a fair trial : Fourth Section Committee Citations: 39855/13, [2020] ECHR 421, [2020] ECHR 438 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651326

Yankov And Manchev v Bulgaria: ECHR 22 Oct 2009

Judges: Peer Lorenzen, P Citations: 27207/04, [2009] ECHR 1608 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013 The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said … Continue reading Yankov And Manchev v Bulgaria: ECHR 22 Oct 2009

MA (Pakistan) v Secretary of State for the Home Department: CA 27 Jul 2009

The claimant appealed against refusal of leave to enter and cancelling his leave to remain. He had made his claim on human rights grounds, saying that the refusal would split him from his wife. He had been told that he would have to renew his application from abroad. Held: Where a case was properly founded … Continue reading MA (Pakistan) v Secretary of State for the Home Department: CA 27 Jul 2009

P, Regina (On the Application of) v HM Coroner for the District Of Avon: Admn 5 Mar 2009

The deceased was found suspended by a sheet in her prison cell. The jury found accidental death, not being satisfied that she was not issuing a cry for help. The family appealed saying that the jury had not been directed that they could provide a narrative verdict to explain further their conclusions. Held: The jury … Continue reading P, Regina (On the Application of) v HM Coroner for the District Of Avon: Admn 5 Mar 2009

Kiss Menczel v Hungary: ECHR 9 Jun 2020

ECHR Judgment : Right to a fair trial : Fourth Section Committee ECHR Judgment : Right to a fair trial : Fourth Section Committee Citations: 61675/14, [2020] ECHR 416, [2020] ECHR 433 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.651324

B v Romania (No 2): ECHR 19 Feb 2013

ECHR Article 8Positive obligationsArticle 8-1Respect for family lifeRespect for private lifeLack of adequate legal protection in a case concerning a mother’s committal to a psychiatric institution and the placement of her children in care: violationsFacts – The applicant was assisted by the social services from 1996 onwards, having been classified as a disabled person unfit … Continue reading B v Romania (No 2): ECHR 19 Feb 2013

Garcia Mateos v Spain: ECHR 19 Feb 2013

ECHR Article 14DiscriminationFailure to enforce a judgment acknowledging gender discrimination against a working mother: violationFacts – In February 2003, relying on the labour regulations, the applicant asked her employer for a reduction in her working hours as she had custody of her son, who was under the six-year age-limit. When her employer refused, she brought … Continue reading Garcia Mateos v Spain: ECHR 19 Feb 2013

Neij And Sunde Kolmisoppi v Sweden: ECHR 19 Feb 2013

ECHR Article 10-1Freedom to impart informationFreedom to receive informationConviction and order to pay damages for operating website allowing third parties to share files in breach of copyright: inadmissibleFacts – During 2005 and 2006 the two applicants were involved in different aspects of one of the world’s largest file sharing services on the Internet, the website … Continue reading Neij And Sunde Kolmisoppi v Sweden: ECHR 19 Feb 2013

Hamilton v Al Fayed: CA 26 Mar 1999

A member of Parliament was able to proceed with an action for defamation in respect of matters of which he had been criticised by the appropriate committee in Parliament. The trial would not impeach Parliament though retrying the issues. Lord Woolf MR said: ‘the vice to which Article 9 is directed (so far as the … Continue reading Hamilton v Al Fayed: CA 26 Mar 1999

Esbester v United Kingdom: ECHR 2 Apr 1993

(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his rejection had been based. Held: The complaints were manifestly unfounded. As to Article 8: ‘In … Continue reading Esbester v United Kingdom: ECHR 2 Apr 1993

Nicholds and others v Security Industry Authority: Admn 19 Jul 2006

Application for judicial review of, in substance, the licensing criteria prepared and published by the Defendant, the Security Industry Authority. The applicants were door supervisors refused licenses for previous convictions. Judges: Kenneth Parker QC J Citations: [2006] EWHC Admin 1792, [2006] EWHC 1792 (Admin), [2007] 1 WLR 2067, [2007] ICR 1076 Links: Bailii Statutes: Private … Continue reading Nicholds and others v Security Industry Authority: Admn 19 Jul 2006

Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007

The claimant sought damages, saying that he had been unlawfully detained when found unfit to plead in 1997. Held: The claim failed. (a) The 1964 Act, and its Scottish equivalent, did not authorise anything that was arbitrary. (b) It followed that Parliament did not, by the 1986 Order, pass subordinate legislation which authorised arbitrary detention … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007

Leander v Sweden: ECHR 26 Mar 1987

Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987

Regina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd: QBD 9 Dec 1992

An injunction was not granted to restrain the publication of a decision of the ASA pending the result of a challenge by way of Judicial Review. There is a general principle in our law that the expression of opinion and the conveyance of information will not be restrained by the courts save on pressing grounds. … Continue reading Regina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd: QBD 9 Dec 1992

Schluga v Austria: ECHR 19 Feb 2004

ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings 65665/01 ; 71879/01 ; 72861/01 Citations: 71879/01, 65665/01, [2004] ECHR 82, [2004] ECHR 83, 72861/01 … Continue reading Schluga v Austria: ECHR 19 Feb 2004

SJ v Belgium (Striking Out): ECHR 19 Mar 2015

ECHR Grand Chamber Article 37 Article 37-1 Striking out applications Application concerning absence of suspensive effect of application for judicial review of deportation order or of refusal of leave to remain: struck out following friendly settlement Article 13 Effective remedy Absence of suspensive effect of application to Aliens Appeals Board for judicial review of deportation … Continue reading SJ v Belgium (Striking Out): ECHR 19 Mar 2015

N, Regina (on The Application of) v Secretary of State for Health: CA 24 Jul 2009

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

Warren, Regina (on the Application of) v Her Majesty’s Assistant Coroner for Northamptonshire: Admn 29 Apr 2008

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

MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019

(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

Steck-Risch and Others v Liechtenstein: ECHR 19 May 2005

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

Napier v Secretary of State for Home Department: Admn 29 Apr 2004

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

ABC v Shulmans Llp: ComC 25 Sep 2019

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

Holmes v The United Kingdom: ECHR 10 Feb 2009

The applicant complained under Article 6 – 1 of the Convention that the ancillary relief proceedings were not dealt with within a reasonable time, that he was not given a real opportunity to present his case and that some of the judges involved in the proceedings were not impartial. Judges: Lech Garlicki, P Citations: 5787/06, … Continue reading Holmes v The United Kingdom: ECHR 10 Feb 2009

Weber and Saravia v Germany: ECHR 29 Jun 2006

(Admissibility) ‘The first applicant is a freelance journalist who works for various German and foreign newspapers, radio and television stations on a regular basis. In particular, she investigates matters that are subject to the surveillance of the Federal Intelligence Service, notably armaments, preparations for war, drug and arms trafficking and money laundering. In order to … Continue reading Weber and Saravia v Germany: ECHR 29 Jun 2006

AM (Zimbabwe) v Secretary of State for The Home Department: SC 29 Apr 2020

Ability to deport the appellant, a Zimbabwean citizen, who, while lawfully resident here, has committed serious crimes. He seeks to challenge the order for his deportation by reference to article 3 of the European Convention on Human Rights providing: ‘No one shall be subjected to torture or inhuman or degrading treatment or punishment’. He is … Continue reading AM (Zimbabwe) v Secretary of State for The Home Department: SC 29 Apr 2020

LG, Regina (on the Application of) v Tom Hood School; Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others: Admn 2 Mar 2009

The claimant sought judicial review of the decision to confirm his exclusion from the school, arguing that his exclusion engaged his article 6 rights. Held: The application failed. The decision to exclude a student from a particular school did not engage his article 6 rights. The panel proceedings were not either to be classified as … Continue reading LG, Regina (on the Application of) v Tom Hood School; Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others: Admn 2 Mar 2009

SRM Global Master Fund Lp and Others, Regina (on the Applications of) v The Commissioners of Her Majesty’s Treasury: Admn 13 Feb 2009

The claimant alleged that the methods chosen for the nationalisation of Northern Rock plc infringed its human rights in providing unfair compensation. Held: The claim was dismissed. The provision made by the 2008 Act did not infringe the claimants’ human rights to peaceful enjoyment of their possessions. The assumptions underlying the compensation scheme provided in … Continue reading SRM Global Master Fund Lp and Others, Regina (on the Applications of) v The Commissioners of Her Majesty’s Treasury: Admn 13 Feb 2009

Reynolds TD v Times Newspapers Ltd; Ruddock and Witherow: CA 8 Jul 1998

The claimant, the former Taoiseach of Ireland sought damages after the defendant newspaper published an article falsely accusing him of duplicity. The paper said that his position meant that they should have the defence of quaified privilege available. Held: Qualified privilege defence applied in defamation proceedings reporting acts of public officials where there appeared a … Continue reading Reynolds TD v Times Newspapers Ltd; Ruddock and Witherow: CA 8 Jul 1998

Achour v France: ECHR 29 Mar 2006

Judges: Wildhaber P Citations: [2006] ECHR 268, (2007) 45 EHRR 2, 67335/01 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Achour v France ECHR 10-Nov-2004 ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 7; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; … Continue reading Achour v France: ECHR 29 Mar 2006