Tag: Human Rights

Kyprianou v Cyprus: ECHR 15 Dec 2005

Citations:

[2005] ECHR 873, 73797/01

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 06 April 2022; Ref: scu.606511

Donnellan v The Revenue Commissioners: ECJ 8 Mar 2018

ECJ (Mutual Assistance for The Recovery of Claims Relating To Taxes – Opinion) Council Directive 2010/24/EU – Mutual assistance for the recovery of claims relating to taxes, duties and other measures – Notification to a person of a claim after, rather than before, the issuance of a request for its recovery by the uniform instrument permitting enforcement under Article 12 of Directive 2010/24 – Permissibility of challenge under Article 14 of Directive 2010/24 in the courts of the requested Member State to enforcement of the claim – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection

Citations:

C-34/17, [2018] EUEECLI:EU:C:2018:174CJ C-34/17 – O, [2018] EUECJ C-34/17

Links:

Bailii, Bailii

Statutes:

Charter of Fundamental Rights of the European Union 47

Jurisdiction:

European

Human Rights

Updated: 05 April 2022; Ref: scu.606002

Buzatu v Romania: ECHR 1 Jun 2004

Citations:

[2004] ECHR 238, 34642/97

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Cited by:

See Also – Buzatu v Romania ECHR 27-Jan-2005
ECHR Judgment (Just Satisfaction) – Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings. . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 05 April 2022; Ref: scu.605779

Chernaya v Ukraine: ECHR 15 Dec 2016

Merits and Just Satisfaction – The court considered involved an injury inflicted by a non-state agent.
Held: The court reiterated that ‘[t]he minimum standards of effectiveness laid down by the Court’s case law include the requirements that the investigation be independent, impartial and subject to public scrutiny, and that the competent authorities must act with exemplary diligence and promptness’

Citations:

ECLI:CE:ECHR:2016:1215JUD000166108, 1661/08

Links:

ECHR

Jurisdiction:

Human Rights

Cited by:

Cited – Commissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 05 April 2022; Ref: scu.605756

Hussein v Secretary of State for The Home Department and Another: Admn 1 Feb 2018

The claimants, adult men of the Muslim faith detained at an immigration removal centre claimed that the conditions and regime interfered with their required religious observance as, they say, devout Muslims, and that the conditions and regime had a differential and discriminatory impact upon them as Muslims, not experienced by those of other faiths or of no faith at all. This is said to follow from a combination of the hours of ‘lock-in’ when detainees coukld not leave their rooms; the required times of Muslim prayer; room sharing; and the presence within the room of a lavatory cubicle without a door.

Judges:

Holman J

Citations:

[2018] EWHC 213 (Admin)

Links:

Bailii

Statutes:

Equality Act 2010 149

Jurisdiction:

England and Wales

Prisons, Human Rights, Discrimination

Updated: 05 April 2022; Ref: scu.605604

MC v Bulgaria: ECHR 10 Mar 2011

Execution of the judgment

Citations:

[2011] ECHR 586

Links:

Bailii

Jurisdiction:

Human Rights

Citing:

Judgment – MC v Bulgaria ECHR 4-Dec-2003
The applicant complained that she had been raped by two men when she was 14 years old. The men were interviewed but it was concluded that they had not used threats or violence and there was no evidence of resistance. The district prosecutor issued a . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 05 April 2022; Ref: scu.605317

BV v Ireland: ECHR 2 May 2017

The court stated that the obligation to carry out an effective investigation ‘cannot be limited to cases of ill-treatment by agents of the state’.
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Effective investigation Procedural aspect

Citations:

61030/08, [2017] ECHR 401

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

Cited – Commissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 05 April 2022; Ref: scu.605318

Razumas v Ministry of Justice: QBD 12 Feb 2018

The claiimant sought damages against the ministry as a prisoner, he said that his medical treatment was so poor that he lost his leg unnecessarily.
Held: The claim failed.

Judges:

Cockerill J

Citations:

[2018] EWHC 215 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Prisons, Negligence, Human Rights

Updated: 05 April 2022; Ref: scu.604812

AB (A Child), Regina (on The Application of) v The Secretary of State for Justice: Admn 4 Jul 2017

Complaint was made that the child detained in a Young Offender Institute had, because of his challenging behaviour been held in effective solitary confinement.

Judges:

Ouseley J

Citations:

[2017] EWHC 1694 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Prisons, Human Rights, Children

Updated: 05 April 2022; Ref: scu.588898

Bruggeman and Scheuten v Federal Republic of Germany: ECHR 12 Jul 1977

(Commission) The applicants complained at restrictions on the termination of unwanted pregnancies.
Held: Article 8(1) secures to the individual a sphere within which he can freely pursue the development and fulfilment of his personality. He must have the possibility of developing relationships of various kinds, including sexual, with other persons. However, there are limits to the personal sphere. The concept of private life comprises to a certain degree the right to establish and to develop relationships with other human beings, especially in the emotional field for the development and fulfilment of one’s own personality.

Citations:

(1977) 3 EHRR 244, [1977] ECHR 1

Links:

Bailii

Statutes:

European Convention on Human Rights 8(1), European Convention on Human Rights 8

Jurisdiction:

Human Rights

Cited by:

Cited – Whitefield v General Medical Council PC 14-Nov-2002
The doctor had been allowed to continue in practice only on condition that he did not drink alcohol and that he complied with other conditions to support that restriction. He challenged it as an infringement of his human rights.
Held: The . .
Cited – Countryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market . .
Cited – N, Regina (on the Application of) v Secretary of State for Health; Regina (E) v Nottinghamshire Healthcare NHS Trust CA 24-Jul-2009
The claimants appealed against the imposition on them of smoking bans while they were compulsorily detained at Rampton Hospital. They said that other persons detained for example in prisons had been exempted fully.
Held: The right or freedom . .
Cited – McCann v The State Hospitals Board for Scotland SC 11-Apr-2017
A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 05 April 2022; Ref: scu.180109

F v Bevandorlasi es Allampolgarsagi Hivatal: ECJ 25 Jan 2018

Area of Freedom, Security and Justice – Judgment – Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 7 – Respect for private and family life – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Fear of persecution on grounds of sexual orientation – Article 4 – Assessment of facts and circumstances – Recourse to an expert’s report – Psychological tests

Citations:

ECLI:EU:C:2018:36, [2018] EUECJ C-473/16

Links:

Bailii

Jurisdiction:

European

Human Rights

Updated: 04 April 2022; Ref: scu.604678

Euro Wines (C and C) Ltd v HMRevenue and Customs: CA 25 Jan 2018

‘Where a penalty is imposed on a person in possession of goods on which it is alleged that excise duty has not been paid, is the reverse burden of proof on whether duty has been paid incompatible with article 6(2) of the European Convention on Human Rights and Fundamental Freedoms (the Convention)? The Upper Tribunal held that it was compatible and Euro Wines (CandC) Limited (the appellant) appeals with leave granted by this court.’

Citations:

[2018] WLR(D) 46, [2018] EWCA Civ 46

Links:

WLRD, Bailii

Jurisdiction:

England and Wales

Customs and Excise, Human Rights

Updated: 04 April 2022; Ref: scu.604142

Coghlan v Chief Constable of Cheshire Police and Others: QBD 17 Jan 2018

The claimant had been demonstrated to be innocent of very serious charges brought against him, and sought a declaration alleging malicious prosecution. The defendants sought a strike out of the claim.

Judges:

Edward Pepperall QC DHCJ

Citations:

[2018] EWHC 34 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Police, Torts – Other, Human Rights

Updated: 03 April 2022; Ref: scu.603725

Bowen v Secretary of State for Justice: CA 20 Dec 2017

The appellants challenged dismissal of their claims for judicial review of their detention following conviction and for alleged breaches by the respondent of public law duty and violation of Article 5 of the European Convention on Human Rights and Fundamental Freedoms. Each complained of the delays in their release following decisions by the Parole Board for licensed release.

Judges:

Sir Terence Etherton MR. McCombe LJ, Sir Ernest Ryder SPT

Citations:

[2017] EWCA Civ 2181

Links:

Bailii

Statutes:

Eurpean Convention on Hman Rights

Jurisdiction:

England and Wales

Crime, Human Rights, Prisons

Updated: 03 April 2022; Ref: scu.602601

Spain v Council – C-521/15: ECJ 20 Dec 2017

Economic and Monetary Policy Economic and Monetary Policy – Action for annulment – Implementing Decision (EU) 2015/1289 – Imposition of a fine on a Member State in the context of economic and budgetary surveillance of the euro area – Manipulation of statistical data relating to the deficit of the Member State concerned – Jurisdiction – Regulation (EU) No 1173/2011 – Article 8(1) and (3) – Delegated Decision 2012/678/EU – Articles 2(1) and (3) and 14(2) – Regulation (EC) No 479/2009 – Articles 3(1), 8(1), 11 and 11a – Rights of defence – Charter of Fundamental Rights of the European Union – Article 41(1) – Right to good administration – Articles 121, 126 and 136 TFEU – Protocol No 12 on the excessive deficit procedure – Existence of an infringement – Misrepresentations – Determination of the fine – Principle that penal provisions may not have retroactive effect

Citations:

[2017] EUECJ C-521/15

Links:

Bailii

Jurisdiction:

European

European, Human Rights

Updated: 02 April 2022; Ref: scu.602114

T v Secretary of State for Justice: Admn 7 Dec 2017

Application for judicial review, seeking a declaration of incompatibility under s. 4(2) of the Human Rights Act 1998 in relation to the prohibition on assisted suicide contained in s. 2(1) of the Suicide Act 1961

Judges:

Sir Brian Leveson P QBD,Whipple DBE J

Citations:

[2017] EWHC 3181 (Admin)

Links:

Bailii

Statutes:

Human Rights Act 1998 4(2), Suicide Act 1961 2(1)

Jurisdiction:

England and Wales

Human Rights, Health Professions, Crime

Updated: 02 April 2022; Ref: scu.601446

O’Connell, Regina (on The Application of) v Westminster Magistrates’ Court: Admn 6 Dec 2017

The claimant sought judicial review of his committal to prison for non compliance with confiscation order. The committal was sought some 11 years after the order had been made.
Held: The application failed. There had been very considerable delay, but such cases are not settled by the simple issue of timed passed, but rather by that element among the others present in the particular case.

Judges:

Lindblom LJ, Edis J

Citations:

[2017] EWHC 3120 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing, Human Rights

Updated: 02 April 2022; Ref: scu.601441

Uttley v United Kingdom: ECHR 29 Nov 2005

Citations:

36946/03, [2005] ECHR 955

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

At HL – Uttley, Regina (on the Application of) v Secretary of State for the Home Department HL 30-Jul-2004
In 1995 the defendant was sentenced to twelve years for rapes committed in 1983. He complained that the consequences of the later sentence were adverse because of the 1991 Act. He would now serve three quarters of the sentence rather than two . .

Cited by:

Cited – Docherty, Regina v SC 14-Dec-2016
After conviction on his own admission for wounding with intent, and with a finding that he posed a threat to the public, the defendant was sentenced to imprisonment for public protection. Such sentences were abolished with effect from the day after . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Sentencing

Updated: 01 April 2022; Ref: scu.618370

Zaprianov v Bulgaria: ECHR 6 Mar 2003

ECHR ‘Article 7 does not guarantee the right to have a subsequent and favourable change in the law applicable to an earlier offence.’

Citations:

41171/98, [2003] ECHR 730

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Zaprianov v Bulgaria ECHR 30-Sep-2004
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-3 with regard to right to be brought promptly before a judge;Violation of Art. 5-3 with regard to length of pre-trial detention;Violation of Art. . .
Cited – Docherty, Regina v SC 14-Dec-2016
After conviction on his own admission for wounding with intent, and with a finding that he posed a threat to the public, the defendant was sentenced to imprisonment for public protection. Such sentences were abolished with effect from the day after . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 01 April 2022; Ref: scu.618425

Mazhar v The Lord Chancellor: FD 12 Oct 2017

The claimant had been subject to a without notice order allowing him to be taken against his will to hospital for treatment. He said that, having capacity himself, the court had no power to make such an order. A settlement of damages having been agreed, the court now considered whether a declaration as to the law was required, in particular as to whether the court’s jurisdiction was limited to cover only those without mental capacity.
Held:

Judges:

Sir Ernest Ryder, Senior President

Citations:

[2017] EWHC 2536 (Fam), [2017] WLR(D) 680

Links:

Bailii, WLRD

Statutes:

European Convention on Human Rights 5 6 8, Mental Capacity Act 2005

Jurisdiction:

England and Wales

Family, Human Rights

Updated: 01 April 2022; Ref: scu.598965

Lendore and Others v The Attorney General of Trinidad and Tobago: PC 31 Jul 2017

(From the Court of Appeal of the Republic of Trinidad and Tobago)

Judges:

Lord Mance, Lord Kerr, Lord Sumption, Lord Reed, Lord Hughes

Citations:

[2017] UKPC 25, [2017] 1 WLR 3369, [2017] WLR(D) 582

Links:

WLRD, Bailii Summary, Bailii

Jurisdiction:

Commonwealth

Human Rights, Criminal Sentencing

Updated: 01 April 2022; Ref: scu.598622

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 is not competent to examine any complaints by these applicants against Turkey so far as the alleged violations are based on facts having occurred before . . January 1987’.
Held: The claims nonetheless succeeded, as the court held that, unlike killings, disappearances carried with them an ongoing obligation to investigate.

Citations:

[2009] ECHR 1313

Links:

Bailii

Jurisdiction:

Human Rights

Citing:

See Also – Varnava And Others v Turkey ECHR 10-Jan-2008
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 . .

Cited by:

Cited – Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another SC 25-Nov-2015
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 30 March 2022; Ref: scu.594617

Beer v Revenue and Customs: FTTTx 1 Sep 2017

Income Tax/Corporation Tax : Penalty – INCOME TAX – penalty for failure to make returns – did appellant have a reasonable excuse for the failure? – No – jurisdiction of Tribunal to consider whether late filing penalties under schedule 55 Finance Act 2009 are unfair or disproportionate – s 6 Human Rights Act 1998 – article 1 of the First Protocol to the European Convention on Human Rights – appeal dismissed

Citations:

[2017] UKFTT 662 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax, Human Rights

Updated: 30 March 2022; Ref: scu.594557

Purcell and Another v Public Prosecutor of Antwerp and Another: Admn 31 Jul 2017

Adjourned hearing of two joined applications against decisions to order the extradition of individuals to Belgium pursuant to European arrest warrants. The decisions are challenged on the basis that prison conditions in Belgium violate the appellants’ rights under Article 3 of the European Convention on Human Rights

Judges:

Hamblen LJ, Ouseley J

Citations:

[2017] EWHC 1981 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 3

Jurisdiction:

England and Wales

Extradition, Human Rights, Prisons

Updated: 29 March 2022; Ref: scu.593602

Zaprianov v Bulgaria: ECHR 30 Sep 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-3 with regard to right to be brought promptly before a judge;Violation of Art. 5-3 with regard to length of pre-trial detention;Violation of Art. 5-4;No violation of Art. 6-1;Non-pecuniary damage – financial award;Costs and expenses partial award – Convention proceedings.

Citations:

41171/98, [2004] ECHR 464

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Citing:

See Also – Zaprianov v Bulgaria ECHR 6-Mar-2003
ECHR ‘Article 7 does not guarantee the right to have a subsequent and favourable change in the law applicable to an earlier offence.’ . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 29 March 2022; Ref: scu.227863

YA (F) v A Local Authority: FD 2 Sep 2010

The son of the family who lacked capacity and required a high degree of assistance in his care was taken to hospital, but then removed from there and placed for care without his mother being told where he was. Having grown up he complained of the Local Authority’s actions. The LA now argued that the coP did not have jurisdiction.
Held: ‘ the Court of Protection has jurisdiction (a) to deal with arguments raised on behalf of the son (and so, in general Court of Protection terms, P), which rely on breaches of Convention rights of which he (P) is a victim, and (b) to grant declaratory relief in respect of them.’

Judges:

Charles j

Citations:

[2010] EWHC 2770 (Fam), [2011] 1 WLR 1505, [2011] 1 FLR 2007, [2011] Fam Law 143

Links:

Bailii

Statutes:

Mental Capacity Act 2005

Jurisdiction:

England and Wales

Health, Human Rights

Updated: 28 March 2022; Ref: scu.592365

Ajayi v Abu and Another (Labour Exploitation : Human Trafficking : Modern Slavery): QBD 31 Jul 2017

labour exploitation – human trafficking – modern slavery – domestic servitude – minimum wage – domestic worker – employee rights -Immigration and Nationality Directorate – terms and conditions – wage deductions – special hearing arrangements – civil procedure – National Minimum Wage Act 1998 – family worker exemption – UK Visa – ECHR Art. 6 – Directive on Preventing and Combating Trafficking in Human Beings and Protecting its Victims 2011

Judges:

McCloud LJ

Citations:

[2017] EWHC 1946 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Human Rights, European, Employment, Immigration

Updated: 28 March 2022; Ref: scu.592017

Belchikova v Russia: ECHR 25 Mar 2010

Citations:

[2010] ECHR 2266

Links:

Bailii

Jurisdiction:

Human Rights

Cited by:

Cited – McDonald v McDonald and Others SC 15-Jun-2016
Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 28 March 2022; Ref: scu.591290

Tsfayo v The United Kingdom: ECHR 10 Jul 2007

Judges:

Mr J. Casadevall, P

Citations:

60860/00, [2007] ECHR 656

Links:

Bailii

Jurisdiction:

Human Rights

Citing:

See Also – Tsfayo v The United Kingdom ECHR 14-Nov-2006
The applicant challenged the prodecures for deciding her appeal against the council’s refusal to pay backdated housing benefits. She complained that the availability of judicial review of the decision was not adequate.
Held: The system did not . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 28 March 2022; Ref: scu.591246

Khurshid Mustafa And Tarzibachi v Sweden: ECHR 8 Jun 2011

The Strasbourg court considered a claim by applicants who had been evicted by a court order at the suit of their landlords, who had determined their tenancy for installing a satellite dish in breach of covenant.
Held: This infringed the applicant’s article 10 rights,

Citations:

[2011] ECHR 1277

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Jurisdiction:

Human Rights

Citing:

See Also – Khurshid Mustafa And Tarzibachi v Sweden ECHR 16-Dec-2008
. .
Cited – Pla and Puncernau v Andorra ECHR 13-Jul-2004
A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for life, with a stipulation that he was to leave this inheritance to a son or grandson of a lawful and canonical marriage, failing which the estate was to . .

Cited by:

Cited – McDonald v McDonald and Others SC 15-Jun-2016
Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Housing

Updated: 28 March 2022; Ref: scu.591291

Mentes and Others v Turkey: ECHR 24 Jul 1998

Citations:

[1998] ECHR 57

Links:

Bailii

Jurisdiction:

Human Rights

Citing:

See Also – Mentes and Others v Turkey ECHR 28-Nov-1997
ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Not necessary to examine Art. 5; Not necessary to examine Art. 6; Violation of Art. 13; No violation of Art. 14; No . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 27 March 2022; Ref: scu.590538

Guardian Europe v European Union: ECFI 7 Jun 2017

ECJ Non-Contractual Liability – Representation of The European Union – Barring of Actions : Judgment – Non-contractual liability – Representation of the European Union – Barring of actions – Nullification of the legal effects of a decision which has become final – Precision of the application – Admissibility – Article 47 of the Charter of Fundamental Rights – Obligation to adjudicate within a reasonable time – Equal treatment – Material damage – Losses sustained – Loss of profit – Non-material damage – Causal link

Citations:

ECLI:EU:T:2017:377, [2017] EUECJ T-673/15

Links:

Bailii

Jurisdiction:

European

Human Rights

Updated: 27 March 2022; Ref: scu.588274

Djaba v West London Mental Health Trust and Another: CA 28 Jun 2017

The claimant appealed against rejection of his request for release from liability to be detained for medical treatment.

Judges:

Arden, McCombe, Sales LJJ

Citations:

[2017] EWCA Civ 436

Links:

Bailii

Statutes:

Mental Health Act 1983, European Convention of Human Rights 5 8

Jurisdiction:

England and Wales

Health, Human Rights

Updated: 27 March 2022; Ref: scu.588320

King v The Sash Window Workshop Ltd: ECJ 8 Jun 2017

ECJ Social Policy – Article 7 of Directive 2003/88/EC and the right to paid annual leave – Article 31 of the EU Charter of Fundamental Rights in horizontal disputes between two private parties – Absence of a facility for the full duration of the employment relationship for exercise of the right to paid annual leave – Member State law requiring workers to first take leave before being able to ascertain if the leave will be paid – Article 7(2) of Directive 2003/88 and the right to an allowance in lieu of leave untaken upon termination of the employment relationship – right to an effective remedy

Citations:

C-214/16, [2017] EUECJ C-214/16

Links:

Bailii

Statutes:

Directive 2003/88/EC 7

Jurisdiction:

European

Human Rights, Employment

Updated: 27 March 2022; Ref: scu.588281

Lietuvos Respublikos Transporto priemoniu draudiku biuras v Gintaras Dockevicius, Jurgita Dockeviciene: ECJ 15 Jun 2017

ECJ (Insurance Against Civil Liability In Respect of Motor Vehicles : Judgment) Reference for a preliminary ruling – Insurance against civil liability in respect of motor vehicles – Accident occurring in 2006 between vehicles normally based in different Member States – Internal Regulations of the Council of Bureaux of national insurers of the Member States – Lack of jurisdiction of the Court – Directive 2009/103/EC – Not applicable ratione temporis – Directives 72/166/EEC, 84/5/EEC and 2000/26/EC – Not applicable ratione materiae – Article 47 of the Charter of Fundamental Rights of the European Union – Inapplicability – Failure to implement EU law

Citations:

ECLI:EU:C:2017:463, [2017] EUECJ C-587/15

Links:

Bailii

Jurisdiction:

European

Road Traffic, Human Rights

Updated: 27 March 2022; Ref: scu.588285

Online Games and Others v Landespolizeidirektion Oberosterreich: ECJ 14 Jun 2017

ECJ (Freedom of Establishment – Freedom To Provide Services : Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Games of chance – Restrictive legislation of a Member State – Penal administrative sanctions – Overriding reasons in the public interest – Proportionality – Charter of Fundamental Rights of the European Union – Article 47 – Right to effective judicial protection – National legislation laying down the requirement for the court to examine of its own motion the facts of the case before it in the context of the prosecution of administrative offences – Compliance

Citations:

ECLI:EU:C:2017:452, [2017] EUECJ C-685/15

Links:

Bailii

Jurisdiction:

European

Human Rights, Licensing

Updated: 27 March 2022; Ref: scu.588293

Scarfe and Others, Regina (on The Application of) v HMP Woodhill and Another: Admn 23 May 2017

The Claimants sought to challenge ‘the Defendants’ failures to comply with their public law, common law and article 2 ECHR duties to protect prisoners at HMP Woodhill from suicide’, failures which they contended were ‘ongoing’, including a declaration that the Defendants had breached those duties and an order requiring them to comply with the mandatory provisions of national prison policy.

Judges:

Irwin LJ, Garnham J

Citations:

[2017] EWHC 1194 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Prisons, Human Rights

Updated: 26 March 2022; Ref: scu.584236

A v Cornwall Council: QBD 28 Apr 2017

Allegation that the local council had resisted A’s contact with his child after he had published blogs with opinions as to abortion and same sex marriages.
Held: A had not demonstrated that the response of the social worker had been as claimed. Though there were criticisms, there was no infringement of the claimant’s human rights.

Judges:

Dingemans J

Citations:

[2017] EWHC 842 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Local Government, Human Rights

Updated: 26 March 2022; Ref: scu.584200

LC (Albania) v The Secretary of State for The Home Department and Another: CA 9 May 2017

The court was asked whether the guidance upon the correct approach to sexual orientation asylum claims given by the Supreme Court in HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31; [2011] 1 AC 592 (‘HJ (Iran)’) still hold good?

Judges:

Beatson, David Richards, Hickinbottom LJJ

Citations:

[2017] EWCA Civ 351, [2017] WLR(D) 318

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 25 March 2022; Ref: scu.583656

Amirteymour v The Secretary of State for The Home Department: CA 10 May 2017

This appeal is concerned with the extent to which an individual appealing to the First-tier Tribunal (‘FTT’) against a decision of the Secretary of State to refuse to issue a derivative residence card under the Immigration (European Economic Area) Regulations 2006 (‘the EEA Regulations’) is entitled to introduce a distinct human rights claim for leave to remain in the United Kingdom in that appeal.

Judges:

Beatson, Ryder SPT, Sales LJJ

Citations:

[2017] EWCA Civ 353

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights, European

Updated: 25 March 2022; Ref: scu.583646

William Faulkner v The United Kingdom: ECHR 10 Mar 2011

A single letter had not been sent on from a prisoner to the Scottish Minister of State. A violation of article 8 was found. The interference was not ‘in accordance with the law’ nor ‘necessary in a democratic society’ for any reason permitted by article 8(2). However, the annoyance and frustration from the failure to send this one letter was not of an intensity to justify awarding damages and so the court considered that finding of violation was sufficient just satisfaction.

Citations:

[2011] ECHR 602

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Citing:

See Also – William Faulkner v The United Kingdom ECHR 4-Jun-2002
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings . .

Cited by:

Cited – Bruton v The Governor of HMP Swaleside and Another Admn 19-Apr-2017
The prisoner complained that his protected correspondence had been wrongfully opened by prison staff. Despite a finding in his favour by the Prisons Ombudsman, the service had repeatedly failed either to change its behaviour or to apologise.
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons

Updated: 24 March 2022; Ref: scu.582169

Conway, Regina (on The Application of) v The Secretary of State for Justice: CA 12 Apr 2017

Application for permission to appeal against the decision of the Divisional Court refusing permission to apply for judicial review to seek a declaration under section 4(2) of the Human Rights Act 1998 that section 2(1) of the Suicide Act 1961 (‘the 1961 Act’) is incompatible with the European Convention on Human Rights.

Judges:

McFarlane, Beatson LJJ

Citations:

[2017] EWCA Civ 275

Links:

Bailii

Jurisdiction:

England and Wales

Human Rights, Crime

Updated: 24 March 2022; Ref: scu.582087

Giggs v Giggs: FD 17 Feb 2017

The parties, both famous, were divorcing. In financial remedy proceedings, they now sought restrictions on the publication of the financial details of the applications.
Held: Granted as to financial details.

Judges:

Cobb J

Citations:

[2017] EWHC 822 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Family, Media, Human Rights

Updated: 24 March 2022; Ref: scu.582026