Tag: Human Rights

Platakou v Greece: ECHR 11 Jan 2001

Citations:

38460/97, [2001] ECHR 14, [2010] ECHR 2238

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Platakou v Greece ECHR 2-Dec-2010
Execution of the judgment of the European Court of Human Rights . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 19 June 2022; Ref: scu.212122

Garrett, Falcao And Others v Portugal: ECHR 10 Apr 2001

Citations:

29813/96, [2001] ECHR 246

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Garrett, Falcao And Others v Portugal ECHR 11-Jan-2000
Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione temporis); Violation of P1-1; Not necessary to examine Art. 6, 13 and 17; Just satisfaction reserved; Costs and expenses partial award – Convention proceedings . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 19 June 2022; Ref: scu.211633

Affaire Radio France et autres v France: ECHR 30 Mar 2004

A person’s right to protect his/her reputation is among the rights guaranteed by ECHR Article 8 as an element of the right to respect for private life.

Citations:

53984/00, [2007] ECHR 127, (2005) 40 EHRR 29

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 8

Cited by:

Cited – Greene v Associated Newspapers Ltd CA 5-Nov-2004
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her.
Held: ‘in an action for defamation a court will not impose . .
Cited – George Galloway MP v Telegraph Group Ltd QBD 2-Dec-2004
The claimant MP alleged defamation in articles by the defendant newspaper. They claimed to have found papers in Iraqi government offices after the invasion of Iraq which implicated the claimant. The claimant said the allegations were grossly . .
Cited – Mardas v New York Times Company and Another QBD 17-Dec-2008
The claimant sought damages in defamation. The US publisher defendants denied that there had been any sufficient publication in the UK and that the court did not have jurisdiction. The claimant appealed the strike out of the claims.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 19 June 2022; Ref: scu.211495

Gorraiz Lizarraga et Autres v Espagne: ECHR 27 Apr 2004

(French Text) An excessively formalistic interpretation of the concept of a ‘victim’ would make protection of the rights guaranteed by the Convention ineffectual and illusory.

Citations:

(2004) 45 EHRR 1039, 62543/00, [2004] ECHR 176, [2004] ECHR 178

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 19 June 2022; Ref: scu.211522

Chief Constable of Lancashire v Wilson and Others: QBD 14 Jul 2015

The court was asked to consider the compatibility of provisions in the 2009 Act with Human Rights law, in determining the rights of the individual subject to orders.

Judges:

Kerr J

Citations:

[2015] EWHC 2763 (QB)

Links:

Bailii

Statutes:

Policing and Crime Act 2009

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 18 June 2022; Ref: scu.566578

In Re Westminster Property Management Ltd: ChD 19 Jan 2000

Since company director disqualification proceedings were not criminal proceedings, even though they involved the imposition of a penalty, they remained civil proceedings in nature. The European Convention on Human Rights did not apply to protect a director against having material, disclosed by him under compulsion in the course of an insolvency, being used against him in disqualification proceedings.

Citations:

Times 19-Jan-2000, Gazette 03-Feb-2000

Statutes:

European Convention on Human Rights, Company Directors Disqualification Act 1986

Jurisdiction:

England and Wales

Litigation Practice, Human Rights, Company

Updated: 17 June 2022; Ref: scu.82287

Al-Waheed v Ministry of Defence: SC 17 Jan 2017

‘These two appeals arise out of actions for damages brought against the United Kingdom government by detainees, alleging unlawful detention and maltreatment by British forces. They are two of several hundred actions in which similar claims are made. In both cases, the claim is based in part on article 5(1) of the European Convention on Human Rights, which provides that no one shall be deprived of his liberty except in six specified cases and in accordance with a procedure prescribed by law. They also rely on article 5(4), which requires that the detainee should be entitled to take proceedings by which the lawfulness of his detention may be tested. The appeals have been heard together with a view to resolving one of the more controversial questions raised by such actions, namely the extent to which article 5 applies to military detention in the territory of a non-Convention state in the course of operations in support of its government pursuant to mandates of the United Nations Security Council.’

Judges:

Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Kerr, Lord Wilson, Lord Sumption, Lord Reed, Lord Hughes, Lord Toulson, Lord Hodge

Citations:

[2017] UKSC 2, [2017] 3 All ER 215, 43 BHRC 137, [2017] AC 821, [2017] 2 WLR 327, [2017] WLR(D) 50, [2017] HRLR 1, UKSC 2014/0219

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Video, SC Summary video

Statutes:

European Convention on Human Rights 5(1) 5(4), Human Rights Act 1998

Jurisdiction:

England and Wales

Cited by:

See Also – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
See Also – Rahmatullah (No 2) v Ministry of Defence and Another SC 17-Jan-2017
‘another round in the series of important points of law which arise as preliminary issues in actions brought by people who claim to have been wrongfully detained or mistreated by British or American troops in the course of the conflicts in Iraq and . .
Lists of cited by and citing cases may be incomplete.

Armed Forces, Torts – Other, Human Rights

Updated: 14 June 2022; Ref: scu.573212

Regina v Horseferry Road Justices, Ex Parte Bennett (No 2): QBD 12 Nov 1993

The Crown Prosecution Service may voluntarily disclose documents covered by a public interest immunity certificate if the Treasury Solicitor approves. A list should be maintained of all voluntary disclosures. A question about the propriety of the means used to bring the defendant before the court takes precedence over the desire to prosecute. A committal was quashed after improper means had been used to bring the Defendant within the jurisdiction.

Citations:

Independent 12-Nov-1993, Times 01-Apr-1994, Times 26-Nov-1993, Independent 06-May-1994, [1993] CLY 809

Jurisdiction:

England and Wales

Criminal Practice, Human Rights

Updated: 14 June 2022; Ref: scu.86884

Foley v The United Kingdom: ECHR 22 Oct 2002

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings
The applicant alleged, in particular, that civil proceedings brought by him were not determined within a reasonable time.

Judges:

J-P Costa P

Citations:

39197/98, [2002] ECHR 687, (2003) 36 EHRR 15

Links:

Bailii

Jurisdiction:

Human Rights

Citing:

Appeal from – Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden CA 31-Jul-2000
When an Employment Tribunal looked at whether a dismissal was reasonable, the test related not to an assessment of what tribunal members would think or do, but rather whether to ask whether the employer’s response was within a ‘band or range of . .

Cited by:

Appeal from – Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden CA 31-Jul-2000
When an Employment Tribunal looked at whether a dismissal was reasonable, the test related not to an assessment of what tribunal members would think or do, but rather whether to ask whether the employer’s response was within a ‘band or range of . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Discrimination

Updated: 11 June 2022; Ref: scu.177456

Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others: Admn 22 Jul 2004

Proceedings before the Mental Health Review Tribnal had been very nearly all held in private. The patient, Ian Brady sought to have his hearing in public.
Held: Beatson J approved the Tribunal’s reasons forfind that their privacy rules were a proper and proportionate departure from the principle of open justice and thus compatible with article 6 of the European Convention on Human Rights:
‘By definition the issues which the mental health review tribunal has to deal with involve personal and clinical confidential information affecting individuals who are often very vulnerable and not always in a position to make an informed decision as to what may or may not be in their best interests. Questions of capacity may frequently arise and clinical progress may be affected by the consequences of publicity.’

Judges:

Beatson J

Citations:

[2005] 1 WLR 2469, [2004] EWHC 1749 (Admin), [2005] 2 All ER 820

Links:

Bailii

Statutes:

Mental Health Act 1983 78, Mental Health Review Tribunal Rules 1983, Administration of Justice Act 1960 12

Jurisdiction:

England and Wales

Citing:

Cited – Pickering v Liverpool Daily Post and Echo Newspapers plc HL 1991
Damages were awarded for a breach of statutory duty where the claimant had suffered loss or damage by reason of the breach. The publication at issue went beyond reporting and ‘it reached deeply into the substance of the matter which the court had . .

Cited by:

Cited – Regina (on the application of C) v Secretary of State for Justice SC 27-Jan-2016
The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to . .
Lists of cited by and citing cases may be incomplete.

Health, Media, Human Rights

Updated: 11 June 2022; Ref: scu.199832

Nadarajah Senthuran v Secretary of State for the Home Department: CA 16 Jul 2004

The claimant appealed refusal of his claim for asylum, saying that an order for his removal would breach his article 8 rights in separating him from his family.
Held: The Tribunal was wrong to think that Advic said that family ties could never give rise to an article 8 infringement on removal. The issue was one of fact in each case. The applicant had lived with one or other of his siblings since arrival, and there would be a fresh hearing.

Judges:

The President

Citations:

[2004] EWCA Civ 950, Times 03-Aug-2004, [2005] 1 FLR 229

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Salad IAT 2002
. .
Cited – Advia / Advic v United Kingdom ECHR 6-Sep-1995
(Commission) In the ordinary course of events the fact that there are siblings in the same jurisdiction as an applicant does not establish a family life per se. There must be some genuine connection between siblings for family life to obtain, . .

Cited by:

Cited – EB (Kosovo) v Secretary of State for the Home Department HL 25-Jun-2008
The claimant arrived as a child from Kosovo in 1999. He said that the decision after so long, it would breach his human rights now to order his return.
Held: The adjudicator had failed to address the effect of delay. That was a relevant . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 11 June 2022; Ref: scu.199811

Hrico v Slovakia: ECHR 20 Jul 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award
There is little scope under article 10(2) of the Convention for restrictions on political speech or on debate on questions of public interest.

Judges:

Sir Nocholas Bratza

Citations:

49418/99, [2004] ECHR 365, (2005) 41 EHRR 18

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 10

Cited by:

Cited – Spiller and Another v Joseph and Others SC 1-Dec-2010
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal.
Held: The defendants’ appeal succeeded, and the fair . .
Cited – Economou v De Freitas QBD 27-Jul-2016
Failed action for defamation on rape allegations
The claimant had been accused by the defendant’s daughter of rape. He was never charged but sought to prosecute her alleging intent to pervert the course of justice. She later killed herself. The defendant sought to have the inquest extended to . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 11 June 2022; Ref: scu.199505

Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004

The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery.
Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights of amenity existed. Here the interference with rights was not by the state, but another private individual. Article 8 made no significant impact upon the task to be performed by the Inspector. The Inspector struck a balance which was entirely in accord with the requirements of Article 8 and the jurisprudence under it.

Judges:

Lord Justice Pill Lord Justice Keene And Lord Justice Scott Baker

Citations:

[2004] EWCA Civ 905, Times 29-Jul-2004, [2004] 1 WLR 2557

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Appeal from – Lough and others v First Secretary of State Admn 21-Jan-2004
The claimants challenged the grant of planning permission for neighbouring land. . .
Cited – Samaroo and Sezek v Secretary of State for the Home Department CA 17-Jul-2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation.
Held: Where the deportation of a foreigner following a conviction here, would conflict with his human . .
Cited – Lopez Ostra v Spain ECHR 9-Dec-1994
A waste treatment plant was built close to the applicant’s home in an urban location and the plant released fumes and smells which caused health problems to local residents.
Held: A duty exists to take reasonable and appropriate measures to . .
Cited – Guerra and Others v Italy ECHR 19-Feb-1998
(Grand Chamber) The applicants lived about 1km from a chemical factory which produced fertilizers and other chemicals and was classified as ‘high risk’ in criteria set out by Presidential Decree.
Held: Failure by a government to release to an . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Gosbee and Another, Regina (on the Application Of) v First Secretary of State and Another Admn 20-Mar-2003
A bungalow was not demolished as required by a condition when planning permission for a new dwelling was given. An enforcement notice was issued requiring the demolition of the bungalow.
Held: ‘in determining whether the interference is . .
Cited – Hatton and Others v The United Kingdom ECHR 8-Jul-2003
More Night Flights No Infringement of Family Life
The claimants complained that the respondent had acted to infringe their rights. They were residents living locally to Heathrow Airport. They claimed the respondent had increased the number of night flights, causing increased noise, but without . .
Cited – Powell and Rayner v The United Kingdom ECHR 21-Feb-1990
The applicants complained of the noise generated by Heathrow Airport saying that it affected their human rights to enjoy their private life and possessions.
Held: Whether the case was analysed in terms of a positive duty on the state to take . .
Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – Connors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
Cited – Marcic v Thames Water Utilities Limited HL 4-Dec-2003
The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights.
Held: The . .
Cited – London Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .

Cited by:

Appealed to – Lough and others v First Secretary of State Admn 21-Jan-2004
The claimants challenged the grant of planning permission for neighbouring land. . .
Cited – O’Brien and others v South Cambridgeshire District Council CA 24-Oct-2008
The court considered the use of injunctions to restrain breaches of planning control. The applicants were gypsies who had taken up occupation of land in mobile homes. The respondent had given them twelve months for them to find alternative . .
Lists of cited by and citing cases may be incomplete.

Planning, Human Rights

Updated: 11 June 2022; Ref: scu.198852

Clinique Mozart Sarl v France: ECHR 8 Jun 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings

Citations:

46098/99, [2004] ECHR 250, [2004] ECHR 250

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 11 June 2022; Ref: scu.198284

Thompson v The United Kingdom: ECHR 15 Jun 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedings

Citations:

36256/97, [2004] ECHR 267, [2004] ECHR 267

Links:

Worldlii, Bailii

Cited by:

Cited – Mistry v Thakor and others CA 5-Jul-2005
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Armed Forces, Criminal Practice

Updated: 11 June 2022; Ref: scu.198174

Tamminen v Finland: ECHR 15 Jun 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings

Citations:

40847/98, [2004] ECHR 266, [2004] ECHR 266, [2009] ECHR 2273

Links:

Worldlii, Bailii, Bailii

Human Rights

Updated: 11 June 2022; Ref: scu.198176

Andrews v Reading Borough Council: QBD 29 Apr 2004

The claimant sought damages for increased road noise resulting from traffic control measures taken by the respondent.
Held: The defendants action to strike out the claim could not succeed. They had not shown that the claim was unarguable, however difficult were the prospects of success.

Judges:

Mr Justice Collins

Citations:

[2004] EWHC 970 (QB)

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – Hatton and Others v The United Kingdom ECHR 8-Jul-2003
More Night Flights No Infringement of Family Life
The claimants complained that the respondent had acted to infringe their rights. They were residents living locally to Heathrow Airport. They claimed the respondent had increased the number of night flights, causing increased noise, but without . .
Cited – Anufrijeva v Secretary of State for the Home Department CA 22-Mar-2002
Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum . .
Cited – Regina v Secretary of State for the Home Department ex parte Anufrijeva HL 26-Jun-2003
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several . .
Cited – Marcic v Thames Water Utilities Limited HL 4-Dec-2003
The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Damages, Human Rights

Updated: 10 June 2022; Ref: scu.196629

National Westminster Bank Plc, Malhan Malhan v Malhan, The Secretary of State for Consitutional Affairs and Lord Chancellor: ChD 22 Apr 2004

Judges:

Vice-Chancellor, The Vice-Chancellor

Citations:

[2004] EWHC 847 (Ch)

Links:

Bailii

Statutes:

Law of Property Act 1925 2(1)

Jurisdiction:

England and Wales

Citing:

Cited – Williams and Glyn’s Bank Ltd v Boland HL 19-Jun-1980
Wife in Occupation had Overriding Interest
The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding . .
Lists of cited by and citing cases may be incomplete.

Land, Human Rights, Banking

Updated: 10 June 2022; Ref: scu.195975

Campbell and others v South Northamptonshire District Council, Secretary of State for the Department for Work and Pensions: CA 7 Apr 2004

The claimants were members of the Jesus Fellowship church, living communally. Their claim for housing benefit was rejected on the basis that the payment made was not by way of a commercial rental.
Held: The court could take into account the background of the payments in deciding whether the tenancy agreements were on a commercial basis. To take that into account was not discrimination infringing their freedom of religion. The question posed was one of fact, and the Convention did not operate to make evidence inadmissible on such an issue.

Judges:

Lord Justice Aldous Lord Justice Peter Gibson Lord Justice Jacob

Citations:

[2004] EWCA Civ 409, Times 23-Apr-2004, [2004] 3 All ER 387

Links:

Bailii

Statutes:

Housing Benefit (General) Regulations 1987 7

Jurisdiction:

England and Wales

Cited by:

Cited – RJM, Regina (on the Application of) v Secretary of State for Work and Pensions HL 22-Oct-2008
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was . .
Lists of cited by and citing cases may be incomplete.

Benefits, Housing, Human Rights

Updated: 10 June 2022; Ref: scu.195490

Gorgulu v Germany: ECHR 26 Feb 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to refusal of custody and access ; No violation of Art. 8 with regard to involvement in the proceedings ; No violation of Art. 6 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award

Citations:

74969/01, [2004] ECHR 88, [2004] ECHR 89

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 10 June 2022; Ref: scu.193997

In re William Andrew Malcolm; William Andrew Malcolm v Benedict Mackenzie, Allied Dunbar: ChD 26 Feb 2004

The bankrupt sought to protect his personal pension taken out before his bankruptcy. The bankruptcy was initiated by the Inland Revenue, and sought protection under Human Rights law.
Held: The alleged infringement of the former bankrupt’s rights had taken place before the coming into force of the Human Rights Act 1998, and he could therefore only rely on that Act if the retrospective provision of section 22(4) applied. That section would only have effect if the proceedings were instigated by a public authority. The proceedings here were begun by the trustee in bankruptcy. The bankrupt could not rely upon protection by the 1998 Act.

Judges:

The Hon Mr Justice Lloyd

Citations:

Gazette 01-Apr-2004, [2004] EWHC Ch 339

Links:

Bailii

Statutes:

Human Rights Act 1998 22(4)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Malcolm v Mackenzie, Allied Dunbar Plc CA 21-Dec-2004
The bankrupt complained that having been made bankrupt, his self-employed pension was subject to attachment by his trustee, but had he been a member of a company scheme the asset would not, and that this was discriminatory.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Financial Services, Insolvency

Updated: 10 June 2022; Ref: scu.193898

McGibbon and Corstorphine v Her Majesty’s Advocate: HCJ 19 Feb 2004

It was conceded that there had been a breach of article 8 in the obtaining of covert video and audio recordings of the appellants’ incriminating conversations.
Held: If there was a breach by the police of article 8, it did not follow that the evidence thereby obtained was inadmissible. Any breach of article 8 in the obtaining of the evidence was due to acts of the police, not the Lord Advocate.
Lord Justice Clerk Gill said that the act that was relevant to section 57(2) of the Scotland Act 1998 was the act of the Lord Advocate in leading the evidence.

Judges:

Lord Johnston And Lord Justice Clerk And Lord Wheatley

Citations:

[2004] ScotHC 13, 2004 SCCR 193, 2004 JC 60

Links:

Bailii

Statutes:

Police Act 1997, European Convention on Human Rights 6 8, Scotland Act 1998 57(2)

Jurisdiction:

Scotland

Cited by:

Cited – Kinloch v Her Majesty’s Advocate SC 19-Dec-2012
The appellant said that the police officers had acted unlawfully when collecting the evidence used against him, in that the information used to support the request for permission to undertake clandestine surveillance had been insufficiently . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Police, Human Rights

Updated: 10 June 2022; Ref: scu.193809

B B v The United Kingdom: ECHR 10 Feb 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 14+8 with regard to different treatment of homosexuals and heterosexuals ; Not necessary to examine Art. 14+8 with regard to alleged discrimination on basis of age ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings
The complainant argued that the UK law providing different ages for consent for homosexual and heterosexual activity was discriminatory. He had been prosecuted after complaining of an assault by a youth with whom he had had consensual sex. The court noted that the prosecution was later dropped, and the law had been changed.

Citations:

53760/00, Times 18-Feb-2004, [2004] ECHR 65

Links:

Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 09 June 2022; Ref: scu.193562

Kosmopoulou v Greece: ECHR 5 Feb 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings
‘the mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life, even if the relationship between the parents has broken down, and domestic measures hindering such enjoyment amount to an interference with the right protected by Article 8 of the Convention.’ and ‘In examining whether the non-enforcement of the access arrangements amounted to a lack of respect for the applicant’s family life the Court must strike a balance between the various interests involved, namely the interests of the applicant’s daughter, those of the applicant herself and the general interest in ensuring respect for the rule of law.’

Citations:

60457/00, [2004] 1 FCR 427, [2004] ECHR 58

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Cited by:

Cited – F v M FD 1-Apr-2004
The court considered the ‘ongoing debate’ about the court’s role in contact disputes. ‘this case illustrates all too uncomfortably the failings of the system. There is much wrong with our system and the time has come for us to recognise that fact . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 09 June 2022; Ref: scu.193564

Hindawi and Another v Secretary of State for the Home Department: Admn 29 Jan 2004

The prisoner was subject to a long term of imprisonment, and also to a deportation order which was to take effect upon his release. He complained that, because of the latter, he had not been considered for parole, and that this was discriminatiry.
Held: The difference in treatment occurred because of the nationality of the prisoner. Such a decision in respect of French nationals would be discriminatory. It was not for the court to speculate as to the reasons for the policy, but it was discriminatory and unlawful.

Judges:

McCombe J

Citations:

Times 05-Feb-2004, [2004] EWHC 78 (Admin)

Links:

Bailii

Statutes:

Criminal Justice Act 1991 31, European Convention on Human Rights 14

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal Admn 25-Mar-2004
The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act.
Held: The right to have a judicial review could only be . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Prisons, Human Rights

Updated: 09 June 2022; Ref: scu.192687

McCaughey and Another, Re Application for Judicial Review: QBNI 20 Jan 2004

Application by the fathers of Martin McCaughey and Desmond Grew, who were killed by soldiers on 9 October 1990, for Judicial Review of the decisions of the Chief Constable and the Coroner concerning the disclosure of documents for the purposes of the Inquests into the deaths.

Judges:

Weatherup J

Citations:

[2004] NIQB 2

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Cited – Jordan v Lord Chancellor and Another (Northern Ireland) HL 28-Mar-2007
In each case a death had occurred many years earlier where the deceased had apparently died at the hands of the armed forces. The relatives now challenged the range of verdicts which could be left to a coroner’s jury.
Lord Bingham said: ‘The . .
See Also – Police Service of Northern Ireland v McCaughey and Another CANI 14-Jan-2005
. .
See Also – McCaughey and Quinn, Re Judicial Review CANI 26-Mar-2010
The claimants challenged the mode of inquest sought to be carried out. They had been refused an undertaking that the inquest would comply with obligations under article 2.
Held: The appeal failed. McKerr remained binding on the court, even if . .
See Also – 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. . .
Lists of cited by and citing cases may be incomplete.

Coroners, Human Rights, Litigation Practice

Updated: 09 June 2022; Ref: scu.192356

Sorrentino Prota v Italy: ECHR 29 Jan 2004

Hudoc Judgment (Merits and just satisfaction) No violation of P1-1 with regard to one set of proceedings ; No violation of Art. 6-1 with regard to one set of proceedings ; Violation of P1-1 with regard to other proceedings ; Violation of Art. 6-1 with regard to other proceedings ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings

Citations:

40465/98, [2004] ECHR 50

Links:

Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 09 June 2022; Ref: scu.192313

Bellini v Italy: ECHR 29 Jan 2004

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings

Citations:

64258/01, [2004] ECHR 44

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 09 June 2022; Ref: scu.192311

Kyprianou v Cyprus: ECHR 27 Jan 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 6-2 ; Violation of Art. 6-3-a ; Not necessary to examine Art. 10 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings
The complaint was as to the independence and impartiality of the first instance court.
Held: The defect was not remedied by review of the decision by the Supreme Court: ‘There was no retrial of the case by the Supreme Court. As a court of appeal, the Supreme Court did not have full competence to deal de novo with the case, but could only review the first instance judgment for possible legal or manifest factual errors. It did not carry out an ab initio, independent determination of the criminal charge against the applicant for contempt of the Assize Court. Furthermore, the Supreme Court found that it could not interfere with the judgment of the Assize Court, accepting that that court had a margin of appreciation in imposing a sentence on the applicant.’

Citations:

73797/01, [2004] ECHR 43

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Hammond, Regina (on the Application of) v Secretary of State for the Home Department HL 1-Dec-2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the . .
See Also – Kyprianou v Cyprus ECHR 15-Dec-2005
. .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 09 June 2022; Ref: scu.192314

Singh v The Secretary of State for the Home Department for Judicial Review: OHCS 24 Dec 2003

The applicant complained that the adjudicator who had heard his asylum appeal in 1997 had not been sufficiently independent.
Held: The tribunal lacked what had come to be called ‘structural independence’ The common law test for impartiality was the appropriate test for the time of the hearing. That test would have differed substantially.

Judges:

Lord Kirkwood And Lord President And Lord Weir

Citations:

[2003] ScotCS 342, Times 23-Jan-2004

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Cited – Starrs and Chalmers and Bill of Advocattion for Procurator Fiscal, Linlithgow v Procurator Fiscal, Linlithgow and Hugh Latta Starrs and James Wilson Chalmers; Starrs v Ruxton, Ruxton v Starrs ScHC 11-Nov-1999
The system in Scotland whereby lesser judges were appointed by the executive, for a year at a time, and could be discharged without explanation or challenge, meant that they could be seen not to be independent, and the system was a breach of the . .
Cited – Millar v Dickson PC 24-Jul-2001
The Board was asked whether the appellants had waived their right to an independent and impartial tribunal under article 6 of the Convention by appearing before the temporary sheriffs without objecting to their hearing their cases on the ground that . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 08 June 2022; Ref: scu.190783

Kmetty v Hungary: ECHR 13 Dec 2011

Citations:

[2011] ECHR 2401, 57967/00

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

SeeAlso – Kmetty v Hungary ECHR 16-Dec-2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Non-pecuniary damage – financial award ; Costs and expenses award – Convention proceedings . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 08 June 2022; Ref: scu.190522

Krone Verlag Gmbh and Co Kg (No 3) v Austria: ECHR 11 Dec 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings

Citations:

39069/97, [2003] ECHR 683

Links:

Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 08 June 2022; Ref: scu.190185

Girdauskas v Lithuania: ECHR 11 Dec 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to length ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings ; Inadmissible under Art. 6-1 with regard to fairness

Citations:

70661/01, [2003] ECHR 681

Links:

Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 08 June 2022; Ref: scu.190184

Imre v Hungary: ECHR 2 Dec 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected

Citations:

53129/99, [2003] ECHR 623, [2003] ECHR 627, [2011] ECHR 2163

Links:

Worldlii, Bailii, Bailii

Statutes:

European Convention on Human Rights 5-3

Human Rights

Updated: 08 June 2022; Ref: scu.190203

Soc De Ro Sa v Italy: ECHR 4 Dec 2003

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – claim rejected ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings

Citations:

64449/01, [2003] ECHR 657, [2003] ECHR 662

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 08 June 2022; Ref: scu.190195

Trippel v Germany: ECHR 4 Dec 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings

Citations:

68103/01, [2003] ECHR 666

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 08 June 2022; Ref: scu.190196

Giunta v Italy: ECHR 4 Dec 2003

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings

Citations:

63514/00, [2003] ECHR 641, [2003] ECHR 646

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 08 June 2022; Ref: scu.190194