Search Results for: European Convention on Human Rights Art 8, 12

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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

Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012

The prisoners appealed saying that the whole life terms set on the imposition of a life sentence for murder were a breach of their human rights. Held: The continued detention of three defendants who had been made subject to a whole life tariff did not violate Article 3 because the ‘requirements of punishment and deterrence … Continue reading Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012

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

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

Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011

(Grand Chamber) The claimants complained of the use against them of hearsay evidence in their trials. Held: ‘the underlying principle is that the defendant in a criminal trial should have an effective opportunity to challenge the evidence against him. This principle requires not merely that the defendant should know the identity of his accusers so … Continue reading Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011

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

Hill v Governing Body of Great Tey Primary School: EAT 29 Jan 2013

EAT UNFAIR DISMISSAL/POLKEY DEDUCTION/HUMAN RIGHTSA school mid-day dinner assistant told a child’s parents that the child had been tied to a railing in the playground and whipped across the legs by other pupils. She was suspended, She complained to the press about the suspension and in doing so confirmed what she had told the parents. … Continue reading Hill v Governing Body of Great Tey Primary School: EAT 29 Jan 2013

Bayatyan v Armenia: ECHR 7 Jul 2011

(Grand Chamber) The applicant was a practising Jehovah’s Witness and a conscientious objector. He said that his conviction for refusing to serve in the army had violated his right to freedom of thought, conscience and religion. That complaint had been rejected. Held: (Gyulumyan dissenting) There had been a violation of the applicant’s article 9 rights. … Continue reading Bayatyan v Armenia: ECHR 7 Jul 2011

Chernozub v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 8777/12, [2022] ECHR 823 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.681656

P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003

The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003

Ramirez Sanchez v France: ECHR 2 Dec 2010

(Execution of Judgment) Record of satisfaction of judgment against it by the respondent. Judges: L Wildhaber P Citations: [2010] ECHR 2241 Links: Bailii Statutes: European Convention on Human Rights 3 Citing: See Also – Ramirez Sanchez v France ECHR 27-Jan-2005 The applicant complained that he had been held in solitary confinement for a period of … Continue reading Ramirez Sanchez v France: ECHR 2 Dec 2010

Enea v Italy: ECHR 17 Sep 2009

(Grand Chamber) The applicant, a prisoner serving a long sentence for Mafia-type criminal offences, was subjected to a special regime by ministerial decrees. The restrictions included not only very limited family visits but also a long period (seemingly about three years) in a special form of high-security unit which involved separation from prisoners in other … Continue reading Enea v Italy: ECHR 17 Sep 2009

Samsonnikov v Estonia (Summary): ECHR 3 Jul 2012

ECHR Article 8 Expulsion Expulsion of long-term resident following series of criminal convictions: no violation Facts – The applicant was born in Estonia in 1978 and lived there on the basis of a temporary residence permit practically all his life until his expulsion in 2011. He did not appear to have ever formally requested Estonian … Continue reading Samsonnikov v Estonia (Summary): ECHR 3 Jul 2012

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

X v Finland: ECHR 3 Jul 2012

ECHR Article 8-1 Respect for private life Forced administration of therapeutic drugs in mental institution: violation Article 5 Article 5-1-e Persons of unsound mind Forced confinement in a mental institution: violationFacts – The applicant, a paediatrician, was arrested in October 2004 in connection with criminal proceedings that had been brought against her after she allegedly … Continue reading X v Finland: ECHR 3 Jul 2012

Trade Union of the Police in the Slovak Republic and Others v Slovakia: ECHR 25 Sep 2012

Article 11-1 Freedom of association Strong ministerial criticism of calls by police union for Government’s resignation: no violation Facts – The first applicant was a trade union representing police officers. The second, third and fourth applicants were respectively its former president and vice-president and one of its members. In October 2005 the union organised a … Continue reading Trade Union of the Police in the Slovak Republic and Others v Slovakia: ECHR 25 Sep 2012

V, Regina (on The Application of) v Commissioner of Police for The City of London: Admn 14 Nov 2012

The claimant complains about the police’s continued retention of information relating to him on the Police National Computer, retention which is said to be in breach of his rights under Article 8 of the European Convention on Human Rights. Judges: Richards LJ, Ouseley J Citations: [2012] EWHC 3430 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading V, Regina (on The Application of) v Commissioner of Police for The City of London: Admn 14 Nov 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

Ibrahim Gurkan v Turkey (CLIN): ECHR 3 Jul 2012

ECHR Article 6 Criminal proceedings Article 6-1 Impartial tribunal Independent tribunal Participation of serving military officer in military criminal court: violation Facts – In 2008 a military prosecutor filed an indictment against the applicant, who at the time was serving in the Turkish Navy, for wilfully disobeying a superior. A military criminal court composed of … Continue reading Ibrahim Gurkan v Turkey (CLIN): ECHR 3 Jul 2012

Koch v Germany: ECHR 19 Jul 2012

Article 8-1 Respect for private life Refusal by the German courts to examine the merits of an application by a man whose wife had just committed suicide in Switzerland after having attempted unsuccessfully to obtain authorisation to purchase a lethal substance in Germany: violation Facts – In 2004 the applicant’s wife, who was suffering from … Continue reading Koch v Germany: ECHR 19 Jul 2012

Al Nashiri v Poland: ECHR 10 Jul 2012

ECHR Article 3 Torture Alleged complicity in practice of rendition of persons to secret detention sites at which illegal interrogation methods were employed: communicated Effective investigation Alleged failure to acknowledge and investigate details of ill-treatment and enforced disappearance: communicated [This summary also covers the communicated case of Al Nashiri v. Romania, no. 33234/12.] The applicant, … Continue reading Al Nashiri v Poland: ECHR 10 Jul 2012

Arkhipov And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 26454/13, [2022] ECHR 825 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.681636

Britvin And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 2113/20, [2022] ECHR 881 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.681650

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

Jarvis v Revenue and Customs: FTTTx 1 Aug 2012

INCOME TAX – Penalty – Section 93A Taxes Management Act 1970 – late submission of partnership return – appeal submitted by a partner other than the ‘representative partner’ – whether Tribunal has jurisdiction to hear appeal – whether penalty invokes criminal head of Article 6.1 of European Convention on Human Rights – whether absence of … Continue reading Jarvis v Revenue and Customs: FTTTx 1 Aug 2012

Regina v P and others: HL 19 Dec 2000

Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000

Bezrukov v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 76344/12, [2022] ECHR 824 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.681643

Brewster, Re Judicial Review: QBNI 9 Nov 2012

The applicant challenged the decision of the respondent Northern Ireland Local Government Officers’ Superannuation Committee (‘NILGOSC’) made on 1 July 2011, by which it declined to pay a survivor’s pension to the applicant following the death of her co-habiting partner. She argued that the absolute requirement of nomination imposed on unmarried partners as a condition … Continue reading Brewster, Re Judicial Review: QBNI 9 Nov 2012

Gaughran, Re Judicial Review: QBNI 13 Nov 2012

The claimant sought judicial review of the refusal by the Police Service of Northern Ireland to remove records of his fingerprint, a photograph and DNA sample and profiles which had been collected when he was stopped on suspicion of driving wih excess alcohol. Though later convicted, he said that the retention of these items was … Continue reading Gaughran, Re Judicial Review: QBNI 13 Nov 2012

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

Camelot Group plc v Centaur Communications Limited: CA 23 Oct 1997

An order for a journalist to disclose the name of an employee disclosing his employer’s information, may be made where there was a need to identify a disloyal employee. Here drafts of accounts had been released to embarrass the company. The documents involved were stolen, and a return of them would enable identification of the … Continue reading Camelot Group plc v Centaur Communications Limited: CA 23 Oct 1997

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

Politayev And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 62123/16, [2022] ECHR 836 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 November 2022; Ref: scu.681728

BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: CA 19 Nov 2012

The Secretary of State wished to deport the applicant on the basis of his suspected involvement in acts of terrorism. An order for his deportation had been revoked by the respondent, but he had remained on very stringent bail conditions, since 2007. Held: The case failed on the article 6 issue because (i) the decision … Continue reading BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: CA 19 Nov 2012

Van Colle v The United Kingdom: ECHR 13 Nov 2012

Judges: Lech Garlicki, P Citations: 7678/09 – HEJUD, [2012] ECHR 1928, (2013) 56 EHRR 23 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 … Continue reading Van Colle v The United Kingdom: ECHR 13 Nov 2012

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

Corey, Re Judicial Review: QBNI 9 Jul 2012

C had been recalled from parole, and complained that the procedure had been unfair in that it had been almost entirely based upon closed materials. Held: The Commissioners’ decision was indeed based solely or decisively on the closed material. Moreover, the allegations contained in the open material were not sufficiently specific to enable the appellant … Continue reading Corey, Re Judicial Review: QBNI 9 Jul 2012

Breshchanov And Others v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 33120/08, [2022] ECHR 821 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681649

Smith and Others v The Ministry of Defence: CA 19 Oct 2012

The mother of a soldier claimed after he had died in an attack while serving in Iraq. She asserted that if he had had proper equipment his life would not have been. Held: Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of … Continue reading Smith and Others v The Ministry of Defence: CA 19 Oct 2012

Kent County Council, Regina (on The Application of) v HM Coroner for The County of Kent (North-West District) and Others: Admn 15 Oct 2012

The council sought review of the coroner’s decision that the inquest would be an article 2 inquest and with a jury. The deceased was 14 years old and had taken methadone. In the months before his death, he had had involvement with the council’s social services department, and he had been assessed to be at … Continue reading Kent County Council, Regina (on The Application of) v HM Coroner for The County of Kent (North-West District) and Others: Admn 15 Oct 2012

AAM (A Child) v Secretary of State for The Home Department: QBD 27 Sep 2012

The claimant sought damages, alleging false imprisonment and breach of article 5 of the European Convention on Human Rights. The defendant conceded that the detention had been unlawful because officers had wrongly applied a presumption that an asylum seeker who arrived clandestinely should be detained, but disputed that other grounds on which the claimant alleged … Continue reading AAM (A Child) v Secretary of State for The Home Department: QBD 27 Sep 2012

Buckland v The United Kingdom: ECHR 18 Sep 2012

The applicant alleged that the Court of Appeal’s decision to dismiss her appeal and uphold the judgment making a possession order constituted an unjustified breach of her right to respect for her home and her family life and discriminated against her, in violation of Article 8 taken alone and in conjunction with Article 14. Held: … Continue reading Buckland v The United Kingdom: ECHR 18 Sep 2012

Shapovalov v Ukraine: ECHR 31 Jul 2012

The claimant, a Ukrainian journalist said that he had (contrary to the Ukranian Information Act 1992) been refused access by administrative authorities during the 2004 elections to certain information and meetings. He relied on article 6 because the Ukrainian courts had wrongly failed on procedural grounds to consider the merits of his complaints. Held: The … Continue reading Shapovalov v Ukraine: ECHR 31 Jul 2012

Regina (T) v the Secretary of State for the Home Department; similar: CA 23 Sep 2003

The claimant asylum seeker had been refused benefits having failed to declare his application on entry. The Secretary now appealed a finding that the decision was flawed. Was the treatment of the applicant inhuman or degrading? Held: No simple test could be laid down, and each case is to be considered individually. The appeal court, … Continue reading Regina (T) v the Secretary of State for the Home Department; similar: CA 23 Sep 2003

Stefanetti And Others v Italy: ECHR 15 Apr 2014

Article 1 of Protocol No. 1 Article 1 para. 1 of Protocol No. 1 Peaceful enjoyment of possessions Loss of two-thirds of old-age pension as a result of introduction of legislation effectively deciding outcome of pending litigation against the State: violation Article 6 Civil proceedings Article 6-1 Fair hearing Introduction of legislation effectively deciding outcome … Continue reading Stefanetti And Others v Italy: ECHR 15 Apr 2014

Kurishko v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 12094/19, [2022] ECHR 870 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681698

Tekhnyuk v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 17112/16, [2022] ECHR 832 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681750

Kudryashov v Russia: ECHR 13 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 41244/19, [2022] ECHR 875 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681693

Corey, Re Judicial Review: CANI 21 Dec 2012

The claimant had been recalled to prison from parole, and challenged his recall, saying that the procedure, being almost entirely based upon closed material infringed his rights to a fair trial. The respondent now appealed against an order finding the Commissioners in breach. Held: The appeal was allowed. The material provided to the appellant and … Continue reading Corey, Re Judicial Review: CANI 21 Dec 2012

Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: Admn 4 Sep 2012

It was said that a squad of the British army had caused the deaths of 24 civilians in 1948 in Batang Kali (now part of Malaysia. Held: No inquiry was required. It was a matter of discretion, and there were no sustainable reasons for overturning the decisions of the respondents. Judges: Sir John Thomas P, … Continue reading Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: Admn 4 Sep 2012

R And H v The United Kingdom: ECHR 31 May 2011

The court considered arrangements for an adoption in Northern Ireland where the parent’s consent was withheld. Held: For parental consent to be overriden there had to be shown an overriding need for the decision. Judges: Lech Garlicki P Citations: [2011] ECHR 844, (2012) 54 EHRR 2, [2011] Fam Law 924, [2011] 2 FLR 1236, Links: … Continue reading R And H v The United Kingdom: ECHR 31 May 2011

Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007

(Statement of Facts) To resist an extradition application to America to stand trial on various federal charges, the appellants claimed that if they were extradited there was a real prospect that they would be made subject to a determination by the President that would have the effect that they be detained indefinitely and/or that they … Continue reading Ahmad And Aswat v United Kingdom: ECHR 10 Jul 2007

Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012

The claimants sought judicial review of schemes which they said appeared to require them to work for free in order to claim Jobseekers Allowance. Held: Judicial review was granted. There had been a breach of regulation 4(2) of the 2011 Regulations, because the Secretary of State had breached regulation 4(2), by the failure to provide … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012

Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

It will only be in exceptional circumstances that an applicant’s private or family life in a contracting state will outweigh the legitimate aim pursued by his or her extradition. Recalling that there is no right in the Convention not to be extradited and that, by implication, there is no right to be prosecuted in a … Continue reading Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

Yudin And Others v Russia: ECHR 4 Oct 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 34963/12, [2022] ECHR 756 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681763

Navalnyy And Others v Russia: ECHR 4 Oct 2022

ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee Citations: 25809/17, [2022] ECHR 767 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681712

Blonski And Others v Hungary: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : First Section Committee Citations: 12152/16, [2022] ECHR 831 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681645

Ali and Another, Regina (on The Application of) v Minister for The Cabinet Office The Statistics Board: Admn 13 Jul 2012

The claimants sought a declaration that section 39(4)(f) of the 2007 Act is incompatible with Article 8 of the European Convention on Human Rights. Section 39(4)(f) permits disclosure by the Board of personal information and sensitive personal information provided to it in the 2011 census where the disclosure ‘is made for the purposes of a … Continue reading Ali and Another, Regina (on The Application of) v Minister for The Cabinet Office The Statistics Board: Admn 13 Jul 2012

Khawaja v Revenue and Customs: FTTTx 8 Mar 2012

FTTTx Income Tax – Penalties – Suppressed takings from Restaurant business reflected in concealed director’s remuneration – Negligent submission of incorrect Tax Returns – Abatement of penalty. Citations: [2012] UKFTT 183 (TC) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Revenue and Customs v Khawaja ChD 17-Jul-2008 The court considered the standard of … Continue reading Khawaja v Revenue and Customs: FTTTx 8 Mar 2012

Pontes v Portugal: ECHR 10 Apr 2012

‘The Court repeats forcefully, in such cases, the interests of the child must come before any other consideration.’ Judges: Tulkens P Citations: 19554/09 (French text), [2012] ECHR 1573 Links: Bailii Statutes: European Convention on Human Rights Cited by: Cited – ANS and Another v ML SC 11-Jul-2012 The mother opposed adoption proceedings, and argued that … Continue reading Pontes v Portugal: ECHR 10 Apr 2012

Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003

The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release. Held: False imprisonment is established on proof of imprisonment without lawful authority. An authority might commit both the tort of false imprisonment and infringe a patient’s human rights, but not all infringements of … Continue reading Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003

Z And Others v The United Kingdom: ECHR 10 May 2001

Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001

Vintman v Ukraine: ECHR 3 Jul 2012

Citations: 28403/05 (Communicated Case), [2012] ECHR 1223 Links: Bailii Statutes: European Convention on Human Rights Cited by: Communicated Decision – Vintman v Ukraine ECHR 23-Oct-2014 Article 8 Article 8-1 Respect for family life Refusal to transfer prisoner to a prison nearer home so that he could receive visits from his elderly mother: violation Facts – … Continue reading Vintman v Ukraine: ECHR 3 Jul 2012

Radu v Germany: ECHR 3 Jul 2012

Citations: 20084/07 (Communicated Case), [2012] ECHR 1230 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Radu v Germany (Legal Summary) ECHR 16-May-2013 ECHR Article 5-1-aAfter convictionApplicant’s continued placement in psychiatric hospital after expiry of his prison term: no violationFacts – In 1995 the applicant was convicted of … Continue reading Radu v Germany: ECHR 3 Jul 2012

Nagla v Latvia: ECHR 3 Jul 2012

Citations: 73469/10 (Communicated Case), [2012] ECHR 1280 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Nagla v Latvia (LS) ECHR 16-Jul-2013 ECHR Article 10-1 Freedom to impart information Freedom to receive information Urgent search at journalist’s home involving the seizure of data storage devices containing her sources of … Continue reading Nagla v Latvia: ECHR 3 Jul 2012

Razvyazkin v Russia: ECHR 3 Jul 2012

The Court discussed proportionality in respect of the solitary confinement of a prisoner under Article 8: ‘Given that solitary confinement is a serious restriction of a prisoner’s rights which involves inherent risks to the prisoner, the level of actual or potential harm must be at least equally serious and uniquely capable of being addressed by … Continue reading Razvyazkin v Russia: ECHR 3 Jul 2012

Ashlarba v Georgia: ECHR 3 Jul 2012

Citations: 45554/08 (Communicated Case), [2012] ECHR 1204 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Ashlarba v Georgia ECHR 15-Jul-2014 ECHR Article 7-1 Nullum crimen sine lege Use of undefined colloquial expression in definition of criminal offence: no violation Facts – In 2005 the Georgian legislature created a series of … Continue reading Ashlarba v Georgia: ECHR 3 Jul 2012

Tymoshenko v Ukraine: ECHR 31 May 2012

Citations: 49872/11 (Communicated Case), [2012] ECHR 1160 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Tymoshenko v Ukraine ECHR 3-Jul-2012 . .See Also – Tymoshenko v Ukraine (Legal Summary) ECHR 30-Apr-2013 ECHR Article 5-1 Lawful arrest or detention Pre-trial detention for allegedly contemptuous behaviour to trial court: … Continue reading Tymoshenko v Ukraine: ECHR 31 May 2012

Chakhmakhchyan And Oganesyan v Russia: ECHR 4 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 26129/09, [2022] ECHR 753 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681654