The Court had held, inter alia, that there had been a breach of Article 10 by reason of an injunction granted against Times Newspapers Limited in accordance with the English law of contempt of court but no breach of Article 14 (art. 14).
During the proceedings on the merits, the applicants, without quantifying their claim, had requested the Court to declare, in application of Article 50, that the Government of the United Kingdom should pay the costs and expenses which they, the applicants, had incurred in connection with the contempt litigation in the English courts and the proceedings before the Commission and the Court.
Held: By thirteen votes to three that the United Kingdom was to pay to the applicants, in respect of costs and expenses incurred in connection with the proceedings before the Commission and the Court, the sum of twenty-two thousand six hundred and twenty-six pounds sterling and seventy-eight pence, but rejects unanimously the remainder of the claim for just satisfaction.
The requirement of foreseeability was summarised by the court as follows: ‘A norm cannot be regarded as a ‘law’ unless it is formulated with sufficient precision to enable the citizen to regulate his conduct: he must be able – if need be with appropriate advice – to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail.’
Mr. G. BALLADORE PALLIERI, P
[1980] ECHR 6, (1981) 3 EHRR 317
Bailii
European Convention on Human Rights 50
Human Rights
Citing:
See Also – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Cited by:
Cited – Gallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Costs, Media
Updated: 02 January 2022; Ref: scu.564993