Tag: Human Rights

Hirst v The United Kingdom: ECHR 3 Dec 2009

(Resolutions) The court noted the long delay in the respondent in implementing the judgment of the court and giving prisoners voting rights, the present consultation and adjourned until March 2011 for further information.

Citations:

[2009] ECHR 2260, 4025/01

Links:

Bailii

Statutes:

Representation of the People Act 1983 3, European Convention on Human Rights 3

Citing:

At Commission – Hirst v The United Kingdom (No. 2) ECHR 30-Mar-2004
(Commission) The prisoner alleged that the denial of his right to vote whilst in prison was disproportionate. He was serving a life sentence for manslaughter.
Held: The denial of a right to vote was in infringement of his rights and . .
Grand Chamber – Hirst v United Kingdom (2) ECHR 6-Oct-2005
(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting.
Held: Voting is a right not a privilege. It was a right central in a . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons, Elections

Updated: 03 September 2022; Ref: scu.430457

Daniela Lipkowsky And India Dawn McCormack v Germany: ECHR 18 Jan 2011

Citations:

26755/10, [2011] ECHR 276

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Re E (Children) (Abduction: Custody Appeal) SC 10-Jun-2011
Two children were born in Norway to a British mother (M) and Norwegian father (F). Having lived in Norway, M brought them to England to stay, but without F’s knowledge or consent. M replied to his application for their return that the children would . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 03 September 2022; Ref: scu.430101

BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: Admn 25 Feb 2011

The court was asked as to bail proceedings in the context of appeals to the Special Immigration Appeals Commission.

Citations:

[2011] EWHC 336 (Admin)

Links:

Bailii

Statutes:

Special Immigration Appeals Commission Act 1997

Crime, Human Rights

Updated: 03 September 2022; Ref: scu.430082

Hachette Filipacchi Associates v France: ECHR 12 Nov 2007

Citations:

71111/01, [2007] ECHR 5567

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – MGN Limited v United Kingdom ECHR 18-Jan-2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 02 September 2022; Ref: scu.429722

Windsor v United Kingdom: ECHR 14 Dec 1988

The claimant complained that whilst arrested, he had been denied access to a lawyer.

Citations:

13081/87, [1988] ECHR 29

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Cadder v Her Majesty’s Advocate SC 26-Oct-2010
Statement without lawyer access was inadmissible
The accused complained that he had been convicted for assault and breach of the peace on the basis of a statement made by him during an interview with the police where, under the 1995 Act, he had been denied access to a lawyer.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 31 August 2022; Ref: scu.427793

Wray, Regina (on The Application of) v Secretary of State for The Home Department: Admn 16 Dec 2010

Application for judicial review against the decision of the Defendant to refuse to treat a series of submissions by the Claimant that he should not be removed from the UK because such removal would infringe his Article 8 ECHR rights as a fresh claim under paragraph 353 Immigration Rules HC395.

Judges:

Bidder QC J

Citations:

[2010] EWHC 3301 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 31 August 2022; Ref: scu.427285

Milanovic v Serbia: ECHR 14 Dec 2010

Citations:

44614/07, [2010] ECHR 2029

Links:

Bailii

Statutes:

European Convention on Human Rights

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: 29 August 2022; Ref: scu.427258

Al Hassan-Daniel and Another v HM Revenue and Customs and Another: CA 15 Dec 2010

Suspected of having ingested bags of cocaine, the deceased had been arrested on arrival at the airport. He refused all liquids and foods, but after a week, he died of acute cocaine poisoning. His wife sought damages alleging human rights infringement, and the defendant sought to strike out the claim under ex turpi causa non oritur actio. His family appealed direct from the county court.
Held: The appeal succeeded. The defence of ex turpi causs could not be applied in a human rights case.

Judges:

Lord Neuberger MR, Maurice Kay VP, Sedley LLJ

Citations:

[2010] EWCA Civ 1443, [2011] HRLR 9, [2011] 2 WLR 488, [2011] 2 All ER 31, [2011] UKHRR 1

Links:

Bailii

Jurisdiction:

England and Wales

Human Rights, Torts – Other, Crime

Updated: 28 August 2022; Ref: scu.427168

Kay And Others v United Kingdom: ECHR 21 Sep 2010

(Fourth Section) After carefully considering the various views expressed in the House of Lords in Kay v Lambeth [2006] 2 AC 465 and Doherty v Birmingham [2009] 1 AC 367, and the relevant decisions of the Court of Appeal, the EurCtHR stated, at paras 65-68, that the principles laid down in Connors v UK (2005) 40 EHRR 9 and McCann v UK (2008) 47 EHRR 40 applied. In so far as the law had subsequently been developed in Doherty v Birmingham [2009] 1 AC 367, this development could not be relied on in this case.
‘The Court welcomes the increasing tendency of the domestic courts to develop and expand conventional judicial review grounds in the light of article 8. A number of their Lordships in Doherty alluded to the possibility for challenges on conventional judicial review grounds in cases such as the applicants’ to encompass more than just traditional Wednesbury grounds (see Lord Hope at para 55; Lord Scott at paras 70 and 84 to 85; and Lord Mance at paras 133 to 135 of the House of Lords judgment). However, notwithstanding these developments, the Court considers that at the time that the applicants’ cases were considered by the domestic courts, there was an important distinction between the majority and minority approaches in the House of Lords, as demonstrated by the opinions in Kay itself. In McCann, the Court agreed with the minority approach [in Kay v Lambeth [2006] 2 AC 465] although it noted that, in the great majority of cases, an order for possession could continue to be made in summary proceedings and that it would be only in very exceptional cases that an applicant would succeed in raising an arguable case which would require a court to examine the issue.’ and
‘In conclusion, the Kay applicants’ challenge to the decision to strike out their article 8 defences failed because it was not possible at that time to challenge the decision of a local authority to seek a possession order on the basis of the alleged disproportionality of that decision in light of personal circumstances. Accordingly, for the reasons given in McCann, the Court concludes that the decision by the County Court to strike out the applicant’s article 8 defences meant that the procedural safeguards required by article 8 for the assessment of the proportionality of the interference were not observed. As a result, the applicants were dispossessed of their homes without any possibility to have the proportionality of the measure determined by an independent tribunal. It follows that there has been a violation of article 8 of the Convention in the instant case.’

Citations:

[2010] ECHR 1322, 37341/06

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Citing:

See Also – Kay And Others v United Kingdom ECHR 17-Oct-2008
. .
Applied – Connors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
Applied – McCann v The United Kingdom ECHR 9-Sep-2008
The local authority had determined Mr McCann’s right to remain in his home by obtaining from his wife a notice to quit, the effect of which (surrendering their joint tenancy) upon him she did not understand. He said that this interfered with his . .

Cited by:

Cited – Manchester City Council v Pinnock SC 3-Nov-2010
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his . .
Cited – Manchester City Council v Pinnock SC 9-Feb-2011
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Housing

Updated: 28 August 2022; Ref: scu.426994

Secretary of State for The Home Department v DD (Afghanistan): CA 10 Dec 2010

The claimant appealed against rejection of his claim for asylum and protection on human rights grounds. He said that if returned to Afghanistan he would face a real risk of serious harm.

Judges:

Pill, Rimer, Black LJJ

Citations:

[2010] EWCA Civ 1407

Links:

Bailii

Statutes:

Geneva Convention relating to the Status of Refugees (1951), Immigration, Asylum and Nationality Act 2006 54, European Convention on Human Rights 3

Jurisdiction:

England and Wales

Cited by:

Appeal from – Al-Sirri v Secretary of State for The Home Department SC 21-Nov-2012
The appellants had been refused refugee status on the ground that they were suspected of having been guilty of terrorist acts. They said that the definition of terrorism applied within the UK was wider than that in the Convention which contained the . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 28 August 2022; Ref: scu.427003

Lyubov Efimenko v Ukraine: ECHR 25 Nov 2010

The applicant was the mother of a young man who was robbed and killed in an attack in a bar. He died on 6 June 1993, four years and three months before the Convention came into force in relation to Ukraine. Investigations were suspended shortly after his death, but resumed after the Convention had come into force.
Held: The resumed investigations fell within its jurisdiction ratione temporis and Article 2 applied to them.

Citations:

75726/01, [2010] ECHR 1835

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – McCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 28 August 2022; Ref: scu.426805

HM (Iraq) v The Secretary of State for The Home Department: CA 20 Oct 2010

Appeal against order for the deportation of the applicant to Iraq.

Judges:

Pill, Jackson, Patten LJJ

Citations:

[2010] EWCA Civ 1322

Links:

Bailii

Statutes:

European Convention on Human Rights, Nationality Immigration and Asylum Act 2002, Immigration Act 1971

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 28 August 2022; Ref: scu.426703