Lama (Video Recorded Evidence – Weight – Art 8 ECHRr): UTIAC 13 Jan 2017

UTIAC (i) Video recorded evidence from witnesses is admissible in the Upper Tribunal. Its weight will vary according to the context.
(ii) Alertness among practitioners and parties to the Upper Tribunal’s standard pre-hearing Directions and compliance therewith are crucial.
(iii) There are no hard and fast rules as to what constitutes family life within the compass of Article 8 ECHR.
(iv) A person’s value to the community is a factor which may legitimately be considered in the Article 8 proportionality balancing exercise.

Citations:

[2017] UKUT 16 (IAC)

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 28 January 2022; Ref: scu.573290

Gascogne Sack Deutschland and Gascogne v European Union: ECFI 10 Jan 2017

ECJ (Judgment) Non-contractual liability – Accuracy of the application – Limitation period – Admissibility – Article 47 of the Charter of Fundamental Rights – Reasonable judgment – Material damage – Losses suffered – Interest on the amount of unpaid fine – Loss of chance – Intangible damage – Causal link

Citations:

T-577/14, [2017] EUECJ T-577/14

Links:

Bailii

Statutes:

Charter of Fundamental Rights

Jurisdiction:

European

Human Rights

Updated: 28 January 2022; Ref: scu.573247

Netguru v EUIPO (Netguru): ECFI 17 Jan 2017

ECJ (Judgment) Trademark of the European Union – European trademark application NETGURU – Absolute ground for refusal – Lack of distinctive character – Article 7 (1) (b) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 41 of the Charter of Fundamental Rights – Article 75 of Regulation No 207/2009 – Article 76 (2) of Regulation No 207/2009

Citations:

ECLI:EU:T:2017:9, [2017] EUECJ T-54/16

Links:

Bailii

Statutes:

Regulation (EC) No 207/2009

Jurisdiction:

European

Intellectual Property, Human Rights

Updated: 28 January 2022; Ref: scu.573253

McNiece, Regina (on The Application of) v Criminal Injuries Compensation Authority: Admn 12 Jan 2017

The claimants sought judicial review of the operation of the criminal injuries compensation scheme saying that the way it imposed a ban on an award of damages to those with an unspent conviction infringed their human rights, being a disproportionate interference in their Article 1 rights, was discriminatory, and ultra vires the stautory powers.
Held: The claims failed.

Judges:

Wilkie J

Citations:

[2017] EWHC 2 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Human Rights

Updated: 28 January 2022; Ref: scu.573210

Cemalettin Canli v Turkey: ECHR 13 Dec 2011

Execution of the judgment of the European Court of Human Rights

Citations:

[2011] ECHR 2390, 22427/04

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Citing:

See AlsoCemalettin Canli v Turkey ECHR 18-Nov-2008
The Court found interference in the applicant’s right to respect of his private life in that the police prepared and submitted to a domestic court an inaccurate report in the context of criminal proceedings against him. . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 28 January 2022; Ref: scu.573173