Tag: Human Rights

Aleksei Pervushin And Others v Estonia: 7 Dec 2010

Citations:

[2010] ECHR 1966, 54091/08

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Gjyli v Albania ECHR 29-Sep-2009
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See Also – Aleksei Pervushin And Others v Estonia ECHR 29-Sep-2009
. .
See Also – Aleksei Pervushin And Others v Estonia 2-Mar-2010
. .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 27 April 2022; Ref: scu.622706

Aleksei Pervushin And Others v Estonia: 2 Mar 2010

Citations:

[2010] ECHR 391, 54091/08

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Aleksei Pervushin And Others v Estonia ECHR 29-Sep-2009
. .

Cited by:

See Also – Aleksei Pervushin And Others v Estonia 7-Dec-2010
. .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 27 April 2022; Ref: scu.622707

Silver And Others v The United Kingdom (Art 50): ECHR 24 Oct 1983

Citations:

[1983] 6 EHHR 62, [1983] ECHR 11, 7113/75, 7136/75, 5947/72, 6205/73, 7052/75, 7061/75, 7107/75

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6-1 8 13

Jurisdiction:

Human Rights

Citing:

See Also – Silver And Others v The United Kingdom ECHR 25-Mar-1983
There had been interference with prisoners’ letters by prison authorities. The Commission considered Standing Orders and Circular Instructions in relation to restrictions on correspondence. The rules were not available to prisoners and were . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 27 April 2022; Ref: scu.622321

Wakenshaw, Regina (on The Application of) v Secretary of State for Justice: Admn 7 Aug 2018

Assertion that Parole Board lacked necessary independence to determine whether the claimant prisoner should be eligible for release after completion of indeterminate sentence of imprisonment.
Held: The court particularly considered the issue of tenure, where a member of the Board might be removed for failures of different kinds, but without the possibility of review, in the light of pressure applied politically for the removal of the Chair of the Parole Board. The court granted permission for the judicial review to go ahead with a declaration sought: ‘That the period of appointment (three or four years, renewable for three or four years) of Parole Board members coupled with the power of the Secretary of State to remove a member if he is satisfied that he or she has failed without reasonable excuse to discharge the functions of his or her office for a continuous period of at least three months, or is unable to discharge the functions of the office, without recourse to any procedure or machinery to determine the merit of a decision to remove him or her on one or other of these grounds, means that the provisions for tenure of Parole Board membership fail the test of objective independence.’

Judges:

Mostyn J

Citations:

[2018] EWHC 2089 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Prisons, Human Rights, Legal Professions

Updated: 26 April 2022; Ref: scu.621165

Motasim v Crown Prosecution Service and Others: QBD 15 Aug 2017

The claimant had been arrested on suspicion of terrorism, from his innocent association with people later convicted of terrorism. The defendant discovered evidence which would undermine the case against him, but refuse to disclose it. Eventually, after the prosecutor was refused a PII claim, he was ordered to be released and the case was dropped. The defendant now applied for the claim to be struck out, saying that it was and had to be speculative.
Held: The claimant having established the detention, it was for the defendant to justify it. The claim was not to be struck out. If necessary, material could be adduced under closed procedure.
In a developing area of law, it would be wrong to strike out a claim on the basis of assumed or hypothetical facts.

Judges:

Davison M

Citations:

[2017] EWHC 2071 (QB)

Links:

Bailii

Statutes:

European Convention on Human Rights 5, Human Rights Act 1998 6

Jurisdiction:

England and Wales

Citing:

Cited – Zenati v Police of The Metropolis and Another CA 11-Feb-2015
The claimant appealed against rejection of his claim for damages for false imprisonment and infringement of his human rights. On his arrest for a different offence his passport was suspected to be counterfeit, and he was then held for an offence . .
Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Cited – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .
Cited – Moulton v Chief Constable of The West Midlands CA 13-May-2010
The claimant appealed against dismissal of his claim for damages for malicious prosecution and misfeasance in public office. He had been arrested and held on allegations of serious sexual assaults, but then released when the matter came to the Crown . .
Cited – Hicks v Faulkner 1878
Before charging a prisoner, a police officer must have ‘an honest belief in the guilt of the accused based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would . .
Cited – Clooth v Belgium ECHR 12-Dec-1991
Hudoc Violation of Art. 5-3; Just satisfaction reserved . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Lists of cited by and citing cases may be incomplete.

Human Rights, Police, Torts – Other

Updated: 26 April 2022; Ref: scu.621127

Gulf Centre for Human Rights, Regina (on The Application of) v The Prime Minister and Another: CA 1 Aug 2018

Challenge to decision to change the Ministerial Code

Judges:

Lord Burnett of Maldon LCJ, Sir Terence Etherton MR and Lord Justice Hamblen

Citations:

[2018] EWCA Civ 1855

Links:

Bailii

Jurisdiction:

England and Wales

Constitutional, Human Rights

Updated: 25 April 2022; Ref: scu.620604

Yordanova And Others v Bulgaria: ECHR 19 Jul 2018

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Committee
ECHR Judgment : Pecuniary damage – award : Fifth Section Committee

Citations:

61432/11, [2018] ECHR 630, [2019] ECHR 551

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 25 April 2022; Ref: scu.620569

Stunt v Associated Newspapers Ltd: CA 30 Jul 2018

The claimant appealed against a stay of part of his proceedings relating to the 1998 Act. He questioned whether section 32(4) provided a proper balance of his human rights.
Held: The court being in disagreement, the issue was referred to the CJEU.

Judges:

Sir Terence Etherton MR, Lord Justice McFarlane and Lady Justice Sharp

Citations:

[2018] EWCA Civ 1780

Links:

Bailii

Statutes:

Data Protection Act 1998, Charter of Fundamental Rights of the European Union, European Convention on Human Rights

Jurisdiction:

England and Wales

Information, Human Rights, European

Updated: 25 April 2022; Ref: scu.620480

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 – Crown in Parliament – Non-Statutory Inquiry – Executive – Judicial Review – Delay – Professional Reputation – Salmon process – Maxwellisation
A report had been prepared into allegations of child sex abuse on St Helena. The claimant social workers had been severely criticised in the report and now said that the report had abused their own human rights in its approach and lack of independence. The defendant relied on parliamentary privilege, the report having been published under a ‘Motion for an Unopposed return’.

Citations:

[2018] EWHC 1461 (QB)

Links:

Bailii

Statutes:

Bill of Rights 1689, European Convention on Human Rights 6 8, Parliamentary Papers Act 1840

Jurisdiction:

England and Wales

Constitutional, Human Rights

Updated: 25 April 2022; Ref: scu.620076

Spika and Others v Fisheries Service under the Ministry of Agriculture of the Republic of Lithuania: ECJ 12 Jul 2018

Judgment – Reference for a preliminary ruling – Common fisheries policy – Regulation (EU) No 1380/2013 – Article 16 (6) and Article 17 – Allocation of fishing opportunities – National legislation providing for a method based on objective and transparent criteria – Conditions for fishing competition between operators in the sector – Charter of Fundamental Rights of the European Union – Articles 16 and 20 – Freedom of enterprise – Equal treatment – Proportionality

Citations:

ECLI:EU:C:2018:565, C-540/16, [2018] EUECJ C-540/16

Links:

Bailii

Jurisdiction:

European

Agriculture, Human Rights

Updated: 25 April 2022; Ref: scu.620047

ML, Generalstaatsanwaltschaft Bremen intervening (Conditions De Detention En Hongrie): ECJ 4 Jul 2018

Fundamental Rights – Opinion – Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584 / JHA – European arrest warrant – Grounds for refusal of enforcement – Charter of Fundamental Rights of the European Union – Article 4 – Prohibition of treatment inhuman and degrading conditions – Conditions of detention in the issuing Member State

Citations:

Fundamental Rights – Opinion, C-220/18, [2018] EUECJ C-220/18PPU – O, [2018] EUECJ C-220/18PPU

Links:

Bailii, Bailii

Statutes:

Charter of Fundamental Rights of the European Union

Jurisdiction:

European

Human Rights, Extradition

Updated: 25 April 2022; Ref: scu.620022