Tag: Human Rights

Secretary of State for Justice v Staffordshire County Council and Another: CA 22 Dec 2016

‘The issue in this case is whether, in order for the United Kingdom to avoid being in breach of Article 5(1) of the European Convention on Human Rights (‘the Convention’), it is necessary for a welfare order to be made by the Court of Protection (‘the CoP’) pursuant to the Mental Capacity Act 2005 (‘the MCA’) in a case where an individual, who lacks the capacity to make decisions about where to live and the regime of care, treatment and support that he should receive, is to be given such care, treatment and support entirely by private sector providers in private accommodation in circumstances which, objectively, are a deprivation of his liberty within the meaning of Article 5(1) of the Convention (‘Article 5(1)’).’

Sir Terence Etherton MR, Elias, Beatson LJJ
[2016] EWCA Civ 1317
Bailii
European Convention on Human Rights 5(1)
England and Wales

Human Rights, Health

Updated: 27 January 2022; Ref: scu.572741

Club Hotel Loutraki and Others v Commission: ECJ 21 Dec 2016

ECJ Judgment – Appeal – State aid – Operation of Video Lottery Terminals – Grant by a Member State of an exclusive licence – Decision finding no State aid – Article 108(3) TFEU – Regulation (EC) No 659/1999 – Articles 4, 7 and 13 – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Date of the assessment – Article 296 TFEU – Charter of Fundamental Rights of the European Union – Article 41 – Obligation to state reasons – Article 47 – Right to effective judicial protection – Article 107(1) TFEU – Concept of ‘economic advantage’ – Joint assessment of the measures notified

C-131/15, [2016] EUECJ C-131/15
Bailii
Charter of Fundamental Rights of the European Union 41
European

Human Rights

Updated: 27 January 2022; Ref: scu.572571

Bowman v Pensionsversicherungsanstalt: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Directive 2000/78 / EC – Equal treatment in employment and occupation – Article 2 (1) and (2) – Discrimination on grounds of age – Collective labor agreement – Extension of the period from the first to the second scale – Unequal treatment on the basis of age

C-539/15, [2016] EUECJ C-539/15
Bailii
Charter of Fundamental Rights of the European Union
European

Discrimination, Human Rights

Updated: 27 January 2022; Ref: scu.572568

Re V (A Child): CA 12 Oct 2004

The local authority had succeeded in its application for a freeing order, but the judge had also found that it had infringed the parents human riights by the way it had acted toward them before the birth of V, and had awarded sums of damages for that breach. The authority appealed against that finding.
Held: The order was indeed extraordinary. The appeal was allowed.

Thorpe, Wall, LJJ, Holman J
[2004] EWCA Civ 1575, [2006] 2 FCR 121, [2005] 1 FLR 627, [2005] Fam Law 201, [2005] UKHRR 144
Bailii
England and Wales

Children, Human Rights

Updated: 27 January 2022; Ref: scu.572364

Eurosaneamientos and Others v ArcelorMittal Zaragoza SAand Others: ECJ 8 Dec 2016

ECJ (Judgment) Reference for a preliminary ruling – Services provided by Procuradores de los Tribunales – Tariff – Jurisdictions – Derogation impossible

ECLI:EU:C:2016:932, [2016] EUECJ C-532/15
Bailii
European

Human Rights, Legal Professions

Updated: 27 January 2022; Ref: scu.572320