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Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 2014

ECJ (Opinion of the full court) Opinion pursuant to Article 218(11) TFEU – Draft international agreement – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms – Compatibility of the draft agreement with the EU and FEU TreatiesHeld: ‘The agreement on the accession of the European … Continue reading Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 2014

Accession Of The European Union To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: ECJ 13 Jun 2014

ECJ (View Of Advocate General Kokott) Conclusion of international agreements by the European Union – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) – Preservation of the specific characteristics of the European Union and EU law – Maintaining the competences of the European Union … Continue reading Accession Of The European Union To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: ECJ 13 Jun 2014

In re A (permission to remove child from jurisdiction: human rights): CA 2000

The mother had been given leave by the Recorder to remove a ten month old girl permanently from the jurisdiction to the United States in circumstances where the mother`s job prospects were better in New York than in England. The father, (in person) raised the question of a breach of his right under Article 8(1). … Continue reading In re A (permission to remove child from jurisdiction: human rights): CA 2000

Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010

ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – Unemployment benefits – Child with the nationality of a Member State – Right of residence of parents who are … Continue reading Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010

Warsama and Another v The Foreign and Commonwealth Office and Others (Bill of Rights 1689 – Constitution – Parliament – Separation of Powers – Child Abuse): QBD 15 Jun 2018

Bill of Rights 1689 – Constitution – Parliament – Parliamentary Privilege – Separation of Powers – Immunity – Jurisdiction of Court – Human Rights – Public Authority – Child Abuse – Inquiry Report – Motion for an Unopposed Return – ECHR Art 8 – ECHR Art 6 – Damages – St Helena and Ascension Island … Continue reading Warsama and Another v The Foreign and Commonwealth Office and Others (Bill of Rights 1689 – Constitution – Parliament – Separation of Powers – Child Abuse): QBD 15 Jun 2018

Fessal v Revenue and Customs (Income Tax/Corporation Tax : Human Rights): FTTTx 26 Apr 2016

FTTTx INCOME TAX – self-assessment – barrister – move from cash to true and fair basis – overpayment tax year between two underpayment tax years – tax paid twice on same profits – application of European Convention on Human Rights and Human Rights Act 1998 – held Section 29 of the Taxes Management Act 1970 … Continue reading Fessal v Revenue and Customs (Income Tax/Corporation Tax : Human Rights): FTTTx 26 Apr 2016

Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015

The court was asked: ‘(1) Do rights under Article 8 of the European Convention on Human Rights and Fundamental Freedoms 1950 (ECHR) survive the making of an adoption order? (2) Did the coming into force in April 2014 of s. 51A Adoption and Children Act 2002 (ACA 2002), which allows the court to make a … Continue reading Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015

Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001

A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act. Held: The prisoner had followed through his rights to petition the governor. Had he done so and failed, … Continue reading Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001

Association For The Defence Of Human Rights In Romania-Helsinki Committee on behalf of Ionel Garcea v Romania: ECHR 24 Mar 2015

ECHR Article 34 Locus standi Standing of non-governmental organisation to lodge an application on behalf of deceased mentally-ill detainee Article 2 Article 2-1 Effective investigation Failure to conduct effective investigation into the death of mentally-ill detainee: violation Facts – The application was lodged by an NGO named the Association for the Defence of Human Rights … Continue reading Association For The Defence Of Human Rights In Romania-Helsinki Committee on behalf of Ionel Garcea v Romania: ECHR 24 Mar 2015

Petition of Andrew Scott and Scott Davidson for Judicial Review of A Decision To Continue Their Detention In Inhumane Prison Conditions: SCS 26 Oct 2001

Each applicant sought an interim order against the Scottish Minister with respect to their treatment in prison. It had been found that the conditions in Barlinnie Prison were inhumane. The Crown responded that the court had no jurisdiction to make such an order. Held: McDonald is binding on the court. An interim order could not … Continue reading Petition of Andrew Scott and Scott Davidson for Judicial Review of A Decision To Continue Their Detention In Inhumane Prison Conditions: SCS 26 Oct 2001

Youth Initiative For Human Rights v Serbia: ECHR 25 Jun 2013

Article 10-1 Freedom to receive information Refusal to allow a non-governmental organisation access to intelligence information despite a binding decision directing disclosure: violation Facts – The applicant was a non-governmental organisation which monitored the implementation of transitional laws with a view to ensuring respect for human rights, democracy and the rule of law. In October … Continue reading Youth Initiative For Human Rights v Serbia: ECHR 25 Jun 2013

Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

European Air Transport v College d’Environnement de la Region de Bruxelles-Capitale: ECJ 17 Feb 2011

ECJ (Opinion) Air transport – Directive 2002/30/EC – Definition of ‘operating restrictions’ – Noise limits at source which must be observed when overflying built-up areas near an airport – Possibility of adopting national rules based on noise levels measured on the ground – Relationship with Directive 2002/49/EC – Convention on International Civil Aviation – Fundamental … Continue reading European Air Transport v College d’Environnement de la Region de Bruxelles-Capitale: ECJ 17 Feb 2011

Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening): HL 12 Nov 2008

(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading . .

Grujic v Serbia: ECHR 28 Aug 2018

ECHR Judgment : No Article 8 – Right to respect for private and family life : Third Section Citations: 203/07, [2018] ECHR 679 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 May 2022; Ref: scu.622496

Roberts, Regina (on The Application of) v The Commissioner of Police of The Metropolis and Others: CA 4 Feb 2014

The claimant asserted that the provisions of section 60 of the 1994 Act, which allowed personal searches by police officers where no suspicion of misbehaviour was present, infringed her rights under Article 8 of the Convention. Held: The claimant’s appeal failed. There was no deprivation of liberty within the meaning of article 5, and nor … Continue reading Roberts, Regina (on The Application of) v The Commissioner of Police of The Metropolis and Others: CA 4 Feb 2014

Mckeown v The United Kingdom: ECHR 11 Jan 2011

The applicant alleged that his trial for terrorism related offences was unfair because of the way the courts in Northern Ireland had approached the question of non-disclosure of prosecution papers to the defence on grounds of public interest immunity. Citations: [2011] ECHR 22 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: … Continue reading Mckeown v The United Kingdom: ECHR 11 Jan 2011