Tag: Human Rights

Tymoshenko v Ukraine: ECHR 3 Jul 2012

[2012] ECHR 1200
Bailii
European Convention on Human Rights
Human Rights
Citing:
See Also – Tymoshenko v Ukraine ECHR 31-May-2012
. .

Cited by:
See Also – Tymoshenko v Ukraine (Legal Summary) ECHR 30-Apr-2013
ECHR Article 5-1
Lawful arrest or detention
Pre-trial detention for allegedly contemptuous behaviour to trial court: violation
Article 18
Restrictions for unauthorised purposes
See Also – Tymoshenko v Ukraine ECHR 30-Apr-2013
. .

Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons

Updated: 26 January 2022; Ref: scu.571947

K and Others, Regina (on The Application of) v The Secretary of State for Defence and Another: CA 23 Nov 2016

The claimants appealed against rejection of their claims that they had acted as covert intelligence sources for the British Army in Afghanistan, and should have been given support and assistance accordingly.

Longmore, Treacy, Underhill LJJ
[2016] EWCA Civ 1149, [2016] WLR(D) 625
Bailii, WLRD
England and Wales

Human Rights, Armed Forces, Immigration

Updated: 26 January 2022; Ref: scu.571937

Guerrera and Fusco v Italy: ECHR 31 Jul 2003

[2003] ECHR 422, 40601/98
Worldlii, Bailii
European Convention on Human Rights
Human Rights
Citing:
See Also – Guerrera and Fusco v Italy ECHR 3-Apr-2003
ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (victim) ; Violation of Art. 6-1 ; No violation of P1-1; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; . .

Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 26 January 2022; Ref: scu.571860

Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Others: IPT 17 Oct 2016

The claimant NGO challenged the legality of the admitted collection of Bulk Personal Datasets by the Security and Intelligence Agencies.

[2016] UKIPTrib 15 – 110-CH
Bailii
Regulation of Investigatory Powers Act 2000, Security Service Act 1989, Intelligence Services Act 1994, Data Retention and Investigatory Powers Act 2014
England and Wales

Police, Human Rights

Updated: 26 January 2022; Ref: scu.571771

Martinie v France: ECHR 15 Sep 2010

[2010] ECHR 1885
Bailii
European Convention on Human Rights
Human Rights
Citing:
See Also – Martinie v France ECHR 12-Apr-2006
The Grand Chamber said: ‘The Court reiterates that the public character of proceedings before the judicial bodies referred to in art 6(1) protects litigants against the administration of justice in secret with no public scrutiny; it is also one of . .

Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 26 January 2022; Ref: scu.571748

Mosley v News Group Newspapers Ltd: QBD 9 Apr 2008

The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website.
Held: A claimant’s Article 8 rights may be engaged even where the information in question has been previously publicised.

Eady J
[2008] EWHC 687 (QB)
Bailii
European Convention on Human Rights 8
England and Wales
Cited by:
See Also – Mosley v News Group Newspapers Ltd Admn 1-Jul-2008
The claimant the son of a former fascist leader, sought damages for breach of confidence and a right to a private life after the defendant newspaper published stories alleging that his involvement with prostitutes had included nazi rituals. The . .
See Also – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
See Also – Mosley v The United Kingdom ECHR 22-Oct-2009
. .
See Also – Mosley v The United Kingdom ECHR 10-May-2011
The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more . .
Cited – PJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .

Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Information

Updated: 26 January 2022; Ref: scu.266533

Re W (A Child): CA 17 Nov 2016

The court was asked: ‘Can a witness in Family proceedings, who is the subject of adverse judicial findings and criticism, and who asserts that the process in the lower court was so unfair as to amount to a breach of his/her rights to a personal and private life under ECHR Art 8, challenge the judge’s findings on appeal?
If so, on what basis and, if a breach of Article 8 is found, what is the appropriate remedy?’

Munby P FD, McFarlane, Christopher Clarke LJJ
[2016] EWCA Civ 1140, [2016] WLR(D) 628, [2017] 1 FCR 349, [2017] 1 WLR 2415, [2017] 1 FLR 1629
Bailii
Eurppean Convention on Human Rights 8
England and Wales

Litigation Practice, Human Rights

Updated: 25 January 2022; Ref: scu.571425

Ullens De Schooten: ECJ 15 Nov 2016

ECJ (Judgment) Preliminary reference – Fundamental Freedoms – Articles 49, 56 and 63 TFEU – Situation in which all the elements are confined within a Member State – Non-contractual liability of a Member State for damage caused to individuals by breaches of law Union attributable to the national legislature and the national courts

ECLI:EU:C:2016:874, [2016] EUECJ C-268/15
Bailii
European

Human Rights

Updated: 25 January 2022; Ref: scu.571287

Brooks, Regina (on The Application of) v The Independent Adjudicator and Another: CA 28 Oct 2016

Appeal by the Secretary of State from an order declaring that the detention of the claimant for a period of 11 days following the expiry of the custodial element of a sentence imposed upon him in the Crown Court was a breach of his rights protected by Article 5(1) of European Convention on Human Rights and Fundamental Freedoms (ECHR) and was entitled to damages as just satisfaction for that breach.

Jackson McCombie LJJ
[2016] EWCA Civ 1033
Bailii
European Convention on Human Rights 5(1)
England and Wales

Prisons, Human Rights

Updated: 24 January 2022; Ref: scu.570642

Vinter, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 19 May 2016

The claimant prisoners said that section 269(4) of the 2003 Act was incompatible with their Article 3 rights.

Supperstone J
[2016] EWHC 1635 (Admin)
Bailii
Criminal Justice Act 2003 269(4), European Convention on Human Rights 3
England and Wales

Criminal Sentencing, Human Rights

Updated: 24 January 2022; Ref: scu.570532

Malik v Trump: QBD 28 Jul 2016

The claimant alleged negligence in the defendant US presidential candidate in that his election statements were said to have caused loss to the Muslim community in London. He now sought permission to serve out of the jurisdiction.

Master McLoud
[2016] EWHC 2011 (QB)
Bailii
European Convention on Human Rights 9 14
England and Wales

Human Rights, Negligence

Updated: 24 January 2022; Ref: scu.570509

Kanaginis v Greece: ECHR 27 Oct 2016

The applicant alleged a violation of his right to protection of his property. The State expropriated land belonging to the applicant located in the historical district of Plaka in Athens in order to carry out archaeological excavations . The applicant rented the land as an outdoor car park, which brought him a monthly income of 7,000 drachmas (about 20,50 euros). On 31 October 1977 he received as compensation the sum of 7 727 500 drachmas (22 678 euros). The expropriation was thus carried out.

Mirjana Lazarova Trajkovska, P
27662/09 (Judgment (Merits) : Court (First Section)) French Text, [2016] ECHR 943, [2016] ECHR 944, ECLI:EC:ECHR:2016:1027JUD00276620
Bailii, Bailii
European Convention on Human Rights
Human Rights

Human Rights

Updated: 24 January 2022; Ref: scu.570491

Wall v The Royal Bank of Scotland Plc: ComC 7 Oct 2016

Claimant may be ordered to disclose funder

The claimant alleged the misselling of interest rate sawp agreements by the defendant to his companies, leading to losses of andpound;700 million. The defendant now applied for disclosure of the identity of any third party funding the claimant’s litigation, and if appropriate the associated costs order.
Held: RBS has a proper basis to pursue an application under CPR 25.14 if only they can identify the correct respondent(s) to such an application. The order sought will require Mr Wall to provide information which he has that will enable RBS to identify that respondent or those respondents. There is a serious argument then to be had, on the merits, not between RBS and Mr Wall, although no doubt Mr Wall formally has an interest, but between RBS and the correct respondent(s), once identified, as to whether they should be required to put up security for RBS’s costs. An order would not infringe the claimant’s article 8 human rights.

Baker QC
[2016] EWHC 2460 (Comm)
Bailii
Civil Procedure Rules 25.14(2)(b)
England and Wales

Costs, Human Rights

Updated: 24 January 2022; Ref: scu.570438

Euro Wines (C and C) Ltd v Revenue and Customs: UTTC 4 Aug 2016

UTTC EXCISE DUTY – penalty for handling goods subject to unpaid excise duty – FA 2008, Sch 41, para 4(1) – whether penalty assessment is a ‘criminal charge’ for the purpose of Article 6, European Convention on Human Rights – whether reverse burden of proof in s 154 CEMA is incompatible with the presumption of innocence in Article 6(2)

[2016] UKUT 359 (TCC)
Bailii
European Convention on Human Rights 6
England and Wales

Customs and Excise, Human Rights

Updated: 24 January 2022; Ref: scu.570417

The Secretary of State for The Home Department v AJ (Zimbabwe): CA 20 Oct 2016

The court heard appeals with regard to two foreign criminals sentenced to between 12 months’ and four years’ imprisonment for criminal offences and then made subject to a deportation order by the Secretary of State; in each case the deportee successfully appealed on article 8 ECHR grounds to the First Tier Tribunal (FTT); in each case the principal basis of the FTT decision was that deportation would be a disproportionate interference with family life because it would have a significant detrimental effect upon the children of the deported criminal which outweighed the very powerful public interest in deporting foreign criminals and constituted ‘exceptional circumstances’ within the meaning of rule 398 of the Immigration Rules; and in each case a further appeal by the Secretary of State to the Upper Tribunal (UT) failed on the grounds that the decision reached by the FTT displayed no misdirection in law and was an assessment which it could legitimately reach on the evidence.

Elias, Vos LJJ
[2016] EWCA Civ 1012
Bailii
England and Wales

Immigration, Human Rights

Updated: 24 January 2022; Ref: scu.570178

Paoletti And Others: ECJ 6 Oct 2016

ECJ (Judgment) Reference for a preliminary ruling – Article 6 TEU – Article 49 of the Charter of Fundamental Rights of the European Union – Principle of retroactivity of the more lenient criminal law – Italian nationals having organised the illegal entry into Italy of Romanian nationals – Acts carried out before the accession of Romania to the European Union – Effect of Romania’s accession on the criminal offence of facilitation of illegal immigration – Implementation of EU law – Jurisdiction of the Court

ECLI:EU:C:2016:748, [2016] EUECJ C-218/15
Bailii
Charter of Fundamental Rights of the European Union 49, TEU 6
European

Human Rights, Crime, Immigration

Updated: 24 January 2022; Ref: scu.570141