Citations:
23942/02, [2008] ECHR 865
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.276549
23942/02, [2008] ECHR 865
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.276549
34249/04, [2008] ECHR 873
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.276543
5173/05, [2008] ECHR 921, [2009] ECHR 1658
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.276542
69519/01, [2008] ECHR 862, [2009] ECHR 1616
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.276544
4897/05, [2008] ECHR 920
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.276547
28080/02, [2008] ECHR 869
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.276551
7511/76, [1983] ECHR 3, 7743/76
European Convention on Human Rights
Human Rights
See Also – Campbell and Cosans v The United Kingdom ECHR 25-Feb-1982
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 July 2022; Ref: scu.276360
7496/76, [1983] ECHR 1, [1983] ECHR 10, 7299/75, (1983) 5 EHRR 533
European Convention on Human Rights
Human Rights
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 July 2022; Ref: scu.276359
The claimant sought release of documents so that he could defend himself in a tribunal in the US. He said the documents would support his assertion that he had been subject to extraordinary rendition and had ‘disappeared’ for two years. Redactions were requested on the basis of British and US security considerations and could not be used before the US Convening Authority. The respondent had served a certificate claimining Public Interest Immunity, saying that release would damage intelligence relations with the US, and the US authorities said that the purposes stated were being satisfied by the US system.
Held: Time should be allowed to the respondent to furnish amended PII certificates addressing the issues raised more explicitly.
Thomas J, Lloyd Jones J
[2008] EWHC 2100 (Admin)
England and Wales
See also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
Cited – Regina v Chief Constable of West Midlands Police Ex Parte Wiley; Other Similar HL 14-Jul-1994
Statements made to the police to support a complaint against the police, were not part of the class of statements which could attract public interest immunity, and were therefore liable to disclosure.
Lord Woolf said: ‘The recognition of a new . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs, Admn 22-Oct-2008
The claimant was held by the US. He claimed he had been tortured by them, and sought release of dicuments which allow him to present his case. The respondent sought to prevent disclosure using Public Interest Immunity (PII) certificates.
Held: . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 5) Admn 16-Oct-2009
The claimant sought to assert that he had been tortured whilst held by the US Authorities. He sought publication of an unredacted report supplied by the US security services to the respondent. The respondent argued that the full publication was . .
See Also – Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (60 Admn 19-Nov-2009
The respondent had over time refused to allow publication of parts of a document disclosed to him by US security services. The court had previously delivered redacted judgments, and now asked whether and to what extent the redacted parts should be . .
See Also – Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 10-Feb-2010
The claimant had sought discovery and publication of materials supplied to the defendant by US security services which, he said, would support his allegations that he had been tortured by the US and that this had been known to the defendant.
See also – Binyan Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 26-Feb-2010
The claimant had sought public disclosure of documents supplied to the defendant by US security services which might support his claim that he had been tortured by the US, and that the defendant knew of it. The draft judgment was to be handed down . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 July 2022; Ref: scu.276250
20907/92, [1994] ECHR 54
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.273137
17821/91, [1994] ECHR 51
European Convention on Human Rights
Human Rights
See Also – Kay v United Kingdom ECHR 7-Jul-1993
. .
Lists of cited by and citing cases may be incomplete.
Updated: 19 July 2022; Ref: scu.273136
ECHR Preliminary objection rejected (non-exhaustion); No violation of Art. 6-1
12981/87, [1992] ECHR 81
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.273146
65478/01, [2008] ECHR 819
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.272866
29971/04, [2006] ECHR 1201
European Convention on Human Rights
See Also – Kats and Others v Ukraine ECHR 18-Dec-2008
The applicants were the parents and son of a prisoner who died in custody of an HIV related illness. They complained of her treatment in custody.
Held: If someone dies in custody an explanation of the cause of death must be provided, including . .
Cited – Rabone and Another v Pennine Care NHS Foundation SC 8-Feb-2012
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 July 2022; Ref: scu.272865
The court reviewed the need for the control order made against AP.
Keith J
[2008] EWHC 2001 (Admin)
Prevention of Terrorism Act 2005, European Convention on Human Rights 8
England and Wales
Appeal from – AP v Secretary Of State for the Home Department CA 15-Jul-2009
. .
At First Instance – Secretary of State for The Home Department v AP SC 16-Jun-2010
The claimant challenged the terms of the control order made against him under the 2005 Act saying that it was too restrictive. Though his family was in London, the control order confined him to a house many miles away for 16 hours a day.
Held: . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 July 2022; Ref: scu.272760
30523/07, [2008] ECHR 619
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.272652
40186/04, [2008] ECHR 791
European Convention on Human Rights
Updated: 19 July 2022; Ref: scu.272658
63647/00, [2008] ECHR 625
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.272692
33268/03, [2008] ECHR 640
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.272659
40008/04, [2008] ECHR 638
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.272677
[2009] Imm AR 170, 265/07, [2008] ECHR 761
European Convention on Human Rights
Human Rights
Cited – Quila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 July 2022; Ref: scu.272667
58372/00, [2008] ECHR 643
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.272608
9165/05, [2008] ECHR 694
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.272572
28055/02, [2008] ECHR 650
European Convention on Human Rights
Human Rights
Updated: 19 July 2022; Ref: scu.272589
The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The plaintiff claimed that the interception had been and was unlawful.
Held: Although he dismissed the plaintiff’s claim, the Vice Chancellor said ‘Any regulation of so complex a matter as telephone tapping is essentially a matter for Parliament, not the courts . . this case seems to me to make it plain that telephone tapping is a subject which cries out for legislation.’
‘I am not unduly troubled by the absence of English authority: there has to be a first time for everything, and if the principles of English law, and not least analogies from the existing rules, together with the requirements of justice and common sense, pointed firmly to such a right existing, then I think the court should not be deterred from recognising the right. On the other hand, it is no function of the courts to legislate in a new field. The extension of the existing laws and principles is one thing, the creation of an altogether new right is another.’
‘I readily accept that if the question before me were one of construing a statute enacted with the purpose of giving effect to obligations imposed by the Convention, the court would readily seek to construe the legislation in a way that would effectuate the Convention rather than frustrate it. However, no relevant legislation of that sort is in existence. It seems to me that where Parliament has abstained from legislating on a point that is plainly suitable for legislation, it is indeed difficult for the court to lay down new rules of common law or equity that will carry out the Crown’s treaty obligations, or to discover for the first time that such rules have always existed.’
Sir Robert Megarry VC
[1979] CLY 2098, [1979] 1 Ch 344, [1980] QB 49, [1979] 2 All ER 620, [1979] EWHC 2 (Ch)
European Convention on Human Rights
England and Wales
Cited – Bonalumi v Secretary of State for the Home Department CA 1985
In the course of extradition proceedings, an order was obtained under the 1879 Act. The defendant sought to appeal against the order, and applied to the Court of Appeal.
Held: The procedure under the 1879 Act was in the course of criminal . .
Cited – W, Regina v (Attorney General’s reference no 5 of 2002) CACD 12-Jun-2003
Three serving police officers provided confidential information to a known criminal. The Chief Constable authorised interception of telephones at a police station, a private network. The court accepted that section 17 prevented the defence asserting . .
Appeal from – Malone v The United Kingdom ECHR 2-Aug-1984
COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in . .
Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – Costello v Chief Constable of Derbyshire Constabulary CA 22-Mar-2001
The police seized a car from Mr Costello, believing that it was stolen. The seizure was lawful at the time, by virtue of section 19 of PACE. The police never brought any criminal proceedings against Mr Costello, but they refused to return the car to . .
Cited – Tillery Valley Foods v Channel Four Television, Shine Limited ChD 18-May-2004
The claimant sought an injunction to restrain the defendants broadcasting a film, claiming that it contained confidential material. A journalist working undercover sought to reveal what he said were unhealthy practices in the claimant’s meat . .
Cited – 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 . .
See Also – Malone v The United Kingdom ECHR 26-Apr-1985
Hudoc Judgment (Just satisfaction) Struck out of the list (friendly settlement) . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 July 2022; Ref: scu.183549
Hudoc Judgment (Questions of procedure) Questions of procedure partially accepted
332/57
Human Rights
Updated: 18 July 2022; Ref: scu.164860
ECHR Judgment (Merits) – Violation of Art. 5-3; Violation of Art. 5-5; No violation of Art. 5-1; No violation of Art. 5-4; Not necessary to examine Art. 13; Just satisfaction reserved.
The four applicants were arrested and detained under prevention of terrorism legislation on suspicion of being concerned in the commission, preparation or instigation of acts of terrorism. They were released without charge after periods between four and six days and without having been brought before a magistrate.
Held: In each case there had been a violation of article 5.3 but not article 5.1. There was an intention to bring them before a court if sufficient and usable evidence had been obtained during the police investigation following their arrest, and this was sufficient to satisfy the requirement in article 5.1(c) that the detention was for the purpose of bringing them before the court. There was no reason to believe that the police investigation was not in good faith or that their detention was for any other reason than to further the investigation by confirming or dispelling the suspicions which grounded their arrest. In other words, the police were not required to intend to take the applicants to court in the event of there being insufficient evidence after investigation to proceed against them.
11209/84, [1988] ECHR 24, 11234/84, (1988) 11 EHRR 117, 11266/84
European Convention on Human Rights
Human Rights
Cited – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
See Also – Brogan and Others v United Kingdom (Article 50) ECHR 30-May-1989
ECHR Judgment (Just Satisfaction) – Non-pecuniary damage – finding of violation sufficient. . .
Cited – Hicks and Others, Regina (on The Application of) v Commissioner of Police for The Metropolis SC 15-Feb-2017
The claimants had wanted to make a peaceful anti-monarchist demonstration during the wedding of the Duke and Duchess of Cambridge. They complained that the actions of the respondent police infringed their human rights by preventing that . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 July 2022; Ref: scu.165024
5033/07, [2010] ECHR 555
European Convention on Human Rights
Human Rights
Updated: 18 July 2022; Ref: scu.408480
5423/05, [2010] ECHR 537
European Convention on Human Rights
Human Rights
Updated: 18 July 2022; Ref: scu.408448
617/07, [2010] ECHR 556
European Convention on Human Rights
Human Rights
Updated: 18 July 2022; Ref: scu.408450
10555/05, [2007] ECHR 1140
European Convention on Human Rights
Human Rights
Updated: 18 July 2022; Ref: scu.271014
40039/03, [2007] ECHR 1152
European Convention on Human Rights
Human Rights
Updated: 18 July 2022; Ref: scu.271009
10471/05, [2007] ECHR 1150
European Convention on Human Rights
Human Rights
Updated: 18 July 2022; Ref: scu.271019
74664/01, [2007] ECHR 1151
European Convention on Human Rights
Human Rights
Updated: 18 July 2022; Ref: scu.271020
The presumption of innocence does not protect a suspect by providing a right of silence in a complex fraud investigation.
Times 10-Feb-1997
England and Wales
Updated: 18 July 2022; Ref: scu.81733
Admissibility. The arbitrary denial of citizenship may violate the right to respect for private life under Article 8. The Convention did not guarantee the right to acquire a particular nationality. Nevertheless, it did ‘not exclude that an arbitrary denial of citizenship might in certain circumstances raise an issue under article 8 of the Convention because of the impact of such a denial on the private life of the individual.’
G Ress, P
31414/96, [1999] ECHR 200, (1999) 28 EHRR CD132
European Convention on Human Rights 8
Human Rights
Cited – Secretary of State for The Home Department v Al-Jedda SC 9-Oct-2013
The claimant had obtained British citizenship, but had had it removed by the appellant by an order under the 1981 Act after he came to be suspected of terrorist involvement. He had appealed against the order, eventually succeeding on the basis that . .
Cited – Johnson, Regina (on The Application of) v Secretary of State for The Home Department SC 19-Oct-2016
The court was asked: ‘Is it compatible with the European Convention on Human Rights to deny British citizenship to the child of a British father and a non-British mother simply because they were not married to one another at the time of his birth or . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 July 2022; Ref: scu.540464
Lech Garlicki, P
63477/00, [2008] ECHR 600
European Convention on Human Rights
Human Rights
Updated: 17 July 2022; Ref: scu.270694
The family members disputed who should have custody of the deceased’s body and the right to make arrangements for the funeral.
Cranston J
[2008] EWHC 1387 (QB), [2008] EWHC 1387 (Admin), [2008] Fam Law 984, [2008] 2 FLR 1225
England and Wales
Cited – Re JS (Disposal of Body) FD 10-Nov-2016
Child’s Wish for post-mortem cryonic Preservation
JS, a child of 14, anticipating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a treatment might be available to allow her to be revived, and proceedings were issued. Her parents . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 July 2022; Ref: scu.270485
30206/04, [2008] ECHR 524
European Convention on Human Rights
Human Rights
Updated: 17 July 2022; Ref: scu.270079
15979/08, [2008] ECHR 523
European Convention on Human Rights
Human Rights
See Also – Ahmet Aslanbakan v Turkey ECHR 7-Jul-2009
. .
Lists of cited by and citing cases may be incomplete.
Updated: 17 July 2022; Ref: scu.270072
The complainant’s brother had been arrested for being drunk. After a time in a cell, he was found unwell and fell into a coma. Complaints were made of his treatment. The Police Complaints Commission was to investigate the events after the arrest independently, but the Sussex police wanted to investigate the matters before the arrest. The claimant wanted the entire investigation to be by the Commission.
Held: The Commission did have jurisdiction to investigate matters before the arrest, but it may be practical and proper to engage the local force to carry out that investigation. Such an extended investigation may in any event be required to satisfy the human rights obligations of the defendants.
Collins J
[2008] EWHC 1240 (Admin)
Police Reform Act 2002 10, Serious Organised Crime and Police Act 2005
England and Wales
Cited – Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening) HL 13-Jun-2007
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied . .
Cited – Stephen Jordan (No 2) v The United Kingdom ECHR 10-Dec-2002
The applicant was a soldier who had been court marshalled for misuse of travel warrants. He wished to use in his defence his recent epilepsy. There was some delay while medical reports were obtained, and subsequently when the new legal system was . .
Cited – 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 . .
Appeal from – Reynolds, Regina (on the Application of) v Independent Police Complaints Commission and Another CA 22-Oct-2008
The court was asked to consider whether the IPCC could investigate the circumstances leading to the arrest of a suspect who fell into a coma after being arrested for being drunk. The IPCC appealed, saying that it did not have jurisdiction to . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 July 2022; Ref: scu.270063
Renewed application for permission to appeal from a decision of the AIT which on a reconsideration dismissed her appeal from the Secretary of State’s decision that her removal from the United Kingdom would not breach Article 8.
[2008] EWCA Civ 651
England and Wales
Updated: 17 July 2022; Ref: scu.269714
The claimants sought an injunction to prevent the defendants publishing any information about their private sexual and other conduct. Held; The defendants had originally threatened publication before a previous order by consent, they had failed to confirm their intention later to abide by it, and therefore the first two claimants were entitled to the permanent injunction.
Eady J
[2008] EWHC 1051 (QB)
European Convention on Human Rights 88 10
England and Wales
Updated: 15 July 2022; Ref: scu.268692
[2008] ECHR 423, 69316/01
Updated: 15 July 2022; Ref: scu.268034
[2008] ECHR 427, 75157/01
Updated: 15 July 2022; Ref: scu.268039
[2008] ECHR 425, 21352/02
Human Rights
Updated: 15 July 2022; Ref: scu.268033
[2008] ECHR 424, 16880/02
Updated: 15 July 2022; Ref: scu.268041
[2008] ECHR 420, 17550/03
Updated: 15 July 2022; Ref: scu.268025
[2008] ECHR 428, 15197/02
Updated: 15 July 2022; Ref: scu.268036
Article 5(1) may apply to deprivations of liberty of even a very short duration.
[2008] ECHR 426, 65755/01
European Convention on Human Rights 5(1)
Cited – Austin and Another v Commissioner of Police of the Metropolis HL 28-Jan-2009
Movement retsriction was not Liberty Deprivation
The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 July 2022; Ref: scu.268030
[2008] ECHR 422, 54578/00
Updated: 15 July 2022; Ref: scu.268024
Application for permission to appeal from Asylum and Immigration Tribunal refusing application by YG (China) to remain in the United Kingdom on Article 8 grounds. Birth of child after entry.
Pill LJ
[2008] EWCA Civ 530
European Convention on Human Rights 8
England and Wales
Updated: 15 July 2022; Ref: scu.267915
41803/04, [2008] ECHR 393
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267693
37294/04, [2008] ECHR 370
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267608
11046/03, [2008] ECHR 368
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267607
35594/02, [2008] ECHR 375
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267609
4/05, [2008] ECHR 367
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267601
14659/04, [2008] ECHR 344
European Convention on Human Rights
Human Rights
See Also – Dorozhko And Pozharskiy v Estonia ECHR 2-Dec-2010
. .
Lists of cited by and citing cases may be incomplete.
Updated: 14 July 2022; Ref: scu.267296
The court criticised the Russian system in prisons: ‘in the absence of clear legal provisions establishing the procedure for ordering and extending detention with a view to extradition and setting up time-limits for such detention, the deprivation of liberty to which the applicants were subjected was not circumscribed by adequate safeguards against arbitrariness.’
2947/06, [2008] ECHR 348, (2008) 49 EHRR 42
European Convention on Human Rights
Human Rights
Cited – Equality and Human Rights Commission v Prime Minister and Others Admn 3-Oct-2011
The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not . .
Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 July 2022; Ref: scu.267303
28027/02, [2008] ECHR 326
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267268
27967/02, [2008] ECHR 274
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267279
36229/02, [2008] ECHR 262
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267276
42707/02, [2008] ECHR 322
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267262
27987/02, [2008] ECHR 307
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267275
26218/04, [2008] ECHR 311
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267265
1836/04, [2008] ECHR 267
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267263
27980/02, [2008] ECHR 272
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267277
28132/02, [2008] ECHR 328
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267267
66506/01, [2008] ECHR 312
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267266
36395/07, [2008] ECHR 249, [2010] ECHR 239
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267271
42697/02, [2008] ECHR 321
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267272
42690/02, [2008] ECHR 324
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267258
28004/02, [2008] ECHR 306
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267243
28013/02, [2008] ECHR 269
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267245
Admissibility – refusal of widow’s benefit to man.
28059/02, [2008] ECHR 264
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267247
27993/02, [2008] ECHR 271
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267253
42715/02, [2008] ECHR 317
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267244
64470/01, [2008] ECHR 310
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267257
28068/02, [2008] ECHR 265
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267252
Widower’s benefit
28057/02, [2008] ECHR 276
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267255
14401/03, [2008] ECHR 308
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267251
42694/02, [2008] ECHR 319
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267260
28075/02, [2008] ECHR 266
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267246
27964/02, [2008] ECHR 305
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267248
13226/02, [2008] ECHR 316
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267261
28002/02, [2008] ECHR 277
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267249
12955/02, [2008] ECHR 315
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.267254
The Commission renewed its application for a review of a decision on their request for judicial assistance in obtaining evidence from the firm. The firm had produced confidential documents to the court, and not disclosed to the Commission.
Held: The decision of the defendant court was based on an unsound appraisal of the law, and the matter would be remitted for reconsideration. The parties had agreed a way forward and it ws unclear why the court had not gone long with it.
[2008] EWHC 524 (Admin)
Crime (International Co-Operation) Act 2003, European Connevtion on Human Rights 8
England and Wales
Cited – Niemietz v Germany ECHR 16-Dec-1992
A lawyer complained that a search of his offices was an interference with his private life.
Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his . .
Cited – Regina v Southampton Crown Court ex parte J and P 21-Dec-1992
A special material warrant was quashed, partly because it was too widely drawn. It was suspected that there had been thefts from the solicitor’s firms client account. Watkins LJ discussed the need for a judge to give reasons for a decision under . .
Cited – Z v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .
Cited – Funke v France ECHR 25-Feb-1993
M. Funke successfully challenged his conviction for failing to provide documents which the customs authorities had demanded of him, on the grounds that his rights under Article 6 had been infringed: ‘The Court notes that the customs secured Mr. . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 July 2022; Ref: scu.266961
38713/06, [2008] ECHR 248
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.266357
26455/04, [2008] ECHR 198
European Convention on Human Rights
Human Rights
Updated: 14 July 2022; Ref: scu.266291
Buxton LJ, Penry-Davey J
[2000] EWHC 636 (Admin), [2001] ACD 1, [2001] UKHRR 165
England and Wales
Cited – Storer v British Gas plc CA 25-Feb-2000
An industrial tribunal hearing conducted behind the locked doors of the chairman’s office was not held in public, even if, in fact, no member of the public was prevented from attending. The obligation to sit in public was fundamental, and the . .
See Also – Pelling, Regina (on the Application Of) v Bow County Court CA 22-Jan-2001
Application for permission to appeal from refusal of leave to bring judicial review. . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.331012
38478/05, [2008] ECHR 140, [2009] ECHR 401
European Convention on Human Rights
Human Rights
Updated: 13 July 2022; Ref: scu.264608
10567/07, [2008] ECHR 136
European Convention on Human Rights
Human Rights
Updated: 13 July 2022; Ref: scu.264604
10731/05, [2008] ECHR 165
European Convention on Human Rights
Human Rights
See Also – Berger v Germany ECHR 17-Mar-2009
. .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.264601
16937/05, [2008] ECHR 164
European Convention on Human Rights
Human Rights
Updated: 13 July 2022; Ref: scu.264603
11101/04, [2008] ECHR 56
European Convention on Human Rights
Human Rights
Updated: 13 July 2022; Ref: scu.264382
3896/04, [2008] ECHR 105
European Convention on Human Rights
Human Rights
Updated: 13 July 2022; Ref: scu.264380
Where an individual had disappeared in circumstances raising a suspicion that he may have been killed, article 2 imposes a continuing duty to investigate the death. In this case the duty was said to have persisted for 34 years since the disappearance of a number of Greek Cypriots at the time of the Turkish invasion of Northern Cyprus.
16064/90, [2008] ECHR 30
European Convention on Human Rights
Human Rights
Cited – McCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
See Also – Varnava And Others v Turkey ECHR 18-Sep-2009
(Grand Chamber0 Turkey had failed to investigate the disappearance of individuals in Northern Cyprus in 1974. Turkey had ratified the Convention in 1954, but had only recognised the right of petition in 1987.
Held: (Grand Chamber) ‘the court . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.264390
26803/02, [2008] ECHR 100
European Convention on Human Rights
Human Rights
Updated: 13 July 2022; Ref: scu.264386
39846/04, [2008] ECHR 97
European Convention on Human Rights
Human Rights
Updated: 13 July 2022; Ref: scu.264383