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Viktorov And Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 49592/14, [2022] ECHR 990 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 December 2022; Ref: scu.682646

Sladkova v The Czech Republic: ECHR 10 Nov 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Citations: 15741/15, [2022] ECHR 987 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 December 2022; Ref: scu.682639

Lyparis v Greece: ECHR 10 Nov 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : First Section Committee Citations: 6047/14, [2022] ECHR 942 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 December 2022; Ref: scu.682617

Gabidullin And Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 43125/17, [2022] ECHR 957 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 December 2022; Ref: scu.682602

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

Jahn And Others v Germany: ECHR 22 Jan 2004

Hudoc Violation of P1-1 ; Not necessary to examine Art. 14 + P1-1 ; Just satisfaction reserved 46720/99 ; 72203/01 ; 72552/01 Citations: 46720/99, 72203/01, [2004] ECHR 36 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Jahn And Others v Germany ECHR 30-Jun-2005 A deprivation of … Continue reading Jahn And Others v Germany: ECHR 22 Jan 2004

Zielinski, Pradal, Gonzalez and Others v France: ECHR 8 Jun 2011

Citations: 34173/96, [1999] ECHR 108, 24846/94, 34165/96, [2011] ECHR 1257 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – 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 … Continue reading Zielinski, Pradal, Gonzalez and Others v France: ECHR 8 Jun 2011

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

Regina v Cotter and Others: CACD 10 May 2002

The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. … Continue reading Regina v Cotter and Others: CACD 10 May 2002

Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. … Continue reading Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

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

Dublin City Council v Gallagher: 11 Nov 2008

(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The district judge had found that save for a period when he resided with … Continue reading Dublin City Council v Gallagher: 11 Nov 2008

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

Regina v Chief Constable of Norfolk, ex parte DF: Admn 2002

Test for need for police protection The court considered the duties of the police to protect the applicants. Held: The search for a phrase which encapsulates a threshold of risk which engages article 2 is a search for a chimera. The degree of risk described as ‘real and immediate’ in Osman . . as used … Continue reading Regina v Chief Constable of Norfolk, ex parte DF: Admn 2002

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

Ferrazzini v Italy: ECHR 12 Jul 2001

(Grand Chamber) The court had to decide whether tax proceedings brought by the state against an individual involved the determination of a civil right within the meaning of article 6(1). It was argued by the Government that the existence of an individual’s tax obligation to pay tax belonged exclusively to the realm of public law … Continue reading Ferrazzini v Italy: ECHR 12 Jul 2001

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

Semerzhiy and Others v Ukraine: ECHR 10 Nov 2022

ECHR Judgment : Article 2 – Right to life : Fifth Section Committee Citations: 55064/18, [2022] ECHR 968 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.682635

Loste v France: ECHR 3 Nov 2022

ECHR Judgment : Article 13+3 – Right to an effective remedy : Fifth Section Citations: 59227/12, [2022] ECHR 923 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.682347

Dolenc v Slovenia: ECHR 20 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : First Section Citations: 20256/20, [2022] ECHR 910 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.682338

Lysak v Ukraine: ECHR 20 Oct 2022

ECHR Judgment : : Fifth Section Committee Citations: 52299/14, [2022] ECHR 913 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.682341

Akhtyamov And Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 17105/18, [2022] ECHR 962 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.682592

Eon v France (Note): ECHR 14 Mar 2013

ECHR – Information Note Citations: 26118/10, [2013] ECHR 1346 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.682589

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