Cases T-439/10 and T-440/10, Fulmen & Mahmoudian v. Council of the European Union, read judgment Fulmen, as many of you will know, means thunderbolt in Latin. So it must have seemed when this Iranian company had its assets frozen. This case is a good example of how general principles of European law were applied to annul measures [...]
Archive for the ‘Protocol 1 Art. 1 | Peaceful enjoyment of property’ Category
Reasons and evidence in Europe
Posted in Art. 6 | Right to Fair Trial, Case comments, European, In the news, International, Protocol 1 Art. 1 | Peaceful enjoyment of property on March 22, 2012 | 3 Comments »
GP’s rights not violated by suspension from performers list
Posted in Case summaries, Disciplinary Proceedings, Employment, Medical, Protocol 1 Art. 1 | Peaceful enjoyment of property, tagged Health on March 15, 2012 |
Malik v United Kingdom 23780/08 [2012] ECHR 438 (13 March 2012) - Read judgment The European Court of Human Rights held that the suspension of a GP from the Primary Care Trust (PCT) Performers List did not violate his right to peaceful enjoyment of possessions under Article 1 Protocol 1 (A1P1) of the European Convention on [...]
Can UK courts pass judgment on due process in other Convention countries?
Posted in Art. 6 | Right to Fair Trial, Case summaries, Company/Commercial, Damages, European, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property, tagged Legal Certainty on March 5, 2012 |
Merchant International v Naftogaz International [2012] EWCA Civ 196 - read judgment The Court of Appeal has ruled that domestic courts may refuse to recognise a judgment of another Convention country on the basis that it failed to respect the fair trial principles in Article 6. In this case the Ukraine Supreme Court was said to [...]
Smells and mosquitoes but no extra damages under the Human Rights Act
Posted in Art. 8 | Right to Privacy/Family, Article 13 | Effective remedy, Damages, Environment, In the news, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property on January 2, 2012 | 1 Comment »
Dobson and others v Thames Water Utilities Ltd [2011] EWHC 3253 – read judgment David Hart QC acted for the defendants in this case. He has played no part in the writing of this post. An operator carrying out activities authorised by legislation is immune from common law nuisance liability unless the claimant can prove [...]
Terrorist asset-freezing: an intrusion too far – Dr Cian Murphy
Posted in Art. 6 | Right to Fair Trial, Criminal, In the news, Margin of Appreciation, Politics / Public Order, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property, Terrorism, tagged European Court of Human Rights, terrorism legislation on December 21, 2011 | 1 Comment »
One could be forgiven, amidst the furore over the European Court of Human Rights’ Al-Khawaja judgment last Thursday, for missing the first report of the Independent Reviewer of Terrorism Legislation on the operation of the Terrorist Asset-Freezing etc Act 2010. The Report runs to over 100 pages and is the most comprehensive account of UK terrorist asset freezing in print. [...]
European Court of Human Rights defers to traditional UK common law
Posted in Case law, Company/Commercial, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property on December 16, 2011 | 3 Comments »
OBG Ltd et al v. United Kingdom, 29 November 2011 We have become quite used to the Strasbourg Court having a serious go at bits of our statutory law, whether it be prisoners’ rights, anti-terrorist legislation or housing law. A lot of this statute enables the state to do things to private citizens which may or [...]
Uninterrupted Morris Dancing rights beaten by an A1P1 claim?
Posted in Case comments, Case law, Environment, Protocol 1 Art. 1 | Peaceful enjoyment of property on December 7, 2011 | 3 Comments »
Leeds Group v. Leeds City Council et al [2011] EWCA Civ 1447 Retrospective legislation often gives rise to claims under Article 1 Protocol 1 of the Convention – you may have some legal advantage (whether it be property or a legal claim) which you then find yourselves losing as a result of the change of law. [...]
Insurers’ human right not to pay for putting asbestos in employees’ lungs?
Posted in Damages, Environment, In the news, Medical, Personal Injury, Protocol 1 Art. 1 | Peaceful enjoyment of property on October 13, 2011 | 1 Comment »
AXA General Insurance Ltd & Ors v Lord Advocate & Ors (Scotland) [2011] UKSC 46 (12 October 2011 When you breathed in asbestos fibres from your dusty shipbuilding job on the River Clyde in the 1950s and 1960s, some of those fibres stuck around in the lungs. Some may cause the pleural plaques seen on [...]
Misrepresenting the law on squatting
Posted in Art. 8 | Right to Privacy/Family, Criminal, Housing, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property on September 26, 2011 | 19 Comments »
Today, an open letter from 158 lawyers and academics has been published in The Guardian claiming that the law on squatting, on which the Government has proposed reforms, has been misrepresented by politicians and the media. I am one of the letter’s signatories. Amongst other things, it states that: a significant number of recent media [...]
ROCing the law: a successful human rights damages claim
Posted in Environment, In the news, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property on August 11, 2011 | 2 Comments »
Updated| R (Infinis) v. Ofgem & Non-Fossil Purchasing Agency Limited, Interested Party [2011] EWHC 1873 (Admin) Lindblom J, 10 August 2011 Read judgment In a recent post, I suggested that successful claims under Article 1 Protocol 1 (the human right to peaceful enjoyment of property) faced all sorts of difficulties, hence the particular interest of that decision in Thomas which bucked the [...]
Just when you thought they were extinct: human rights environmental case succeeds
Posted in Environment, In the news, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property on July 27, 2011 |
Update | Thomas v. Bridgend County Borough Council [2011] EWCA Civ 862, Court of Appeal. Read judgment Conventional wisdom has it that an Article 1 Protocol 1 (the human right to peaceful enjoyment of property) environmental claim faces all sorts of difficulties. The claimants may have a right to the peaceful possession of property, but that right is immediately [...]
The last tango of the fag packet machine?
Posted in Case comments, European, In the news, Margin of Appreciation, Protocol 1 Art. 1 | Peaceful enjoyment of property on June 20, 2011 | 2 Comments »
Sinclair Collis Ltd, R (o.t.a) v. The Secretary of State for Health [2011] EWCA Civ 437 read judgment here Sinclair Collis own cigarette machines, some 20,000 of them. So when cigarette machines were banned by law, there was nowhere for their owners to go, apart from the Courts. On Friday, the Court of Appeal dismissed their challenge to [...]
Seizure of passport actionable in law
Posted in Art. 8 | Right to Privacy/Family, Case comments, Case law, Case summaries, Damages, Employment, Immigration/Extradition, In the news, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property, Public/Private on June 9, 2011 | 1 Comment »
Atapattu, R. (On the Application of) v The Secretary of State for the Home Department [2011] EWHC 1388 (Admin) - read judgment 1 Crown Office Row’s John Joliffe appeared for the Secretary of State the Home Department in this case. He is not the writer of this post. This case on the wrongful retention of the passport of [...]
Luck, human rights and the lottery winning rapist
Posted in Case comments, Costs and Procedure, Damages, Protocol 1 Art. 1 | Peaceful enjoyment of property on April 27, 2011 | 8 Comments »
Iorworth HOARE v the United Kingdom – 16261/08 [2011] ECHR 722 (12 April 2011) – Read decision Potential future US president Donald Trump once said that “Everything in life is luck“. Sometimes a case arises from such an unlikely factual scenario that it raises questions about the relationship between justice, fairness and luck. This is [...]
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Recommended- Latest human rights developments in the UK: 21/5/2012 – 27/5/2012 - Law Think May 27, 2012
- UK Blawg Review #10 – Part 1 - May 27, 2012
- Can the UK suspend free movement? - Free Movement Blog May 27, 2012
- Prisoners’ votes: Ballot and chain | The Economist May 25, 2012THE vexed issue of voting rights for prisoners combines two of the Conservative Party’s main preoccupations: penal policy and the European Court of Human Rights (ECHR)...
- We must defy Strasbourg on prisoner votes - David Davis and Jack Straw, Telegraph May 24, 2012
- Sunlight is the best disinfectant: open justice and company law proceedings May 24, 2012
- Names and CVs of Candidate Judges for Eight Countries May 24, 2012
- UK to resist giving prisoners the vote despite European court ruling | Law | The Guardian May 23, 2012
- Case law
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012ECtHR Grand Chamber: automatic and indiscriminate disenfranchisement of prisoners unlawful but up to individual states how to implement changes were such a ban exist
- Dishonesty in entry clearance applications May 21, 2012An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of Article 8
- MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012) May 18, 2012Secretary of State acted lawfully in not ordering independent inquiry into 2009 protest at Immigration Detention Centre. Challenge by children separated from parents during protest and claiming pschiatric damage as result.
- British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012) May 17, 2012Sky, BBC, ITN etc. succeed in JR of decision by court to order production of 100+ hours of video footage to Essex Police of Dale Farm protesters: "... there were no reasonable grounds for believing that the footage of over 100 hours included material likely to be of substantial value to the investigation"
- Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012) May 16, 2012Supreme Court: paying child tax credit to "main" care giver not discriminatory under art.14 ECHR to father caring for child 3 days per week. The specific test for justifying discrimination in the context of state benefits is that with questions of social and economic strategy the Court will generally respect the legislature’s policy choice unless i […]
- Hounga v Allen & Anor [2012] EWCA Civ 609 (15 May 2012) May 16, 2012Court of Appeal: Person knowingly working illegally cannot bring racial discrimination claim against "employers"
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012
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UKHRB on Twitter
- Weekend catchup from Wessen Jazrawi- prisoner voting, Bratza's replacement and peaceful protest- human rights roundup ukhumanrightsblog.com/2012/05/27/pri… 3 hours ago
- #Prisonervotes is generating some strong and contrasting opinions- see Aitken v David and Straw: guardian.co.uk/commentisfree/… telegraph.co.uk/news/uknews/la… 2 days ago
- Fresh on the blog by Reuven Ziegler: the case for letting prisoners vote ukhumanrightsblog.com/2012/05/24/the… 2 days ago
- New from @rosalindenglish- police denied TV footage of Dale Farm evictions ukhumanrightsblog.com/2012/05/24/pol… 3 days ago
- Prisoner votes ruling continuing to have political repercussions guardian.co.uk/law/2012/may/2… #prisonervotes 3 days ago
- SC: for Art 6 compliance, cts can, in exceptional circumstances, extend period for filing and serving notice of appeal #extradition 3 days ago
Adam Wagner on Twitter
- RT @MsLods: UK: Barrister who called opposing lawyers "slimebags" on twitter struck off. telegraph.co.uk/news/uknews/la… (ping @journlaw) 32 minutes ago
- Is David Mitchell being serious or not? Human rights … or just an excuse for Strasbourg to tell Britain what to do? gu.com/p/37pfb/tw 2 hours ago
- Prisoner voting, Bratza's replacement and peaceful protest > this week's UK #humanrights roundup just posted wp.me/pJiO3-3Fb 2 hours ago
- It's here! @charonqc tells it as it is > UK Blawg Review #10 – Part 1 j.mp/JG8V4Y 6 hours ago
- Oh! Extraordinary goings on at Charles Taylor's war crimes trial... > More on the Removal of Judge Sow j.mp/LnNQH1 2 days ago
- RT @koldo_casla: One of the best pieces I´ve ever read on the case for letting prisoners vote - Reuven Ziegler wp.me/pJiO3-3F7 via ... 2 days ago
- Recent posts
- Prisoner voting, Bratza’s replacement and peaceful protest – The Human Rights Roundup May 27, 2012 Wessen Jazrawi
- The case for letting prisoners vote – Reuven Ziegler May 24, 2012 1 Crown Office Row
- Police denied TV footage of Dale Farm evictions May 24, 2012 Rosalind English
- Time extended for appeals under Extradition Act May 23, 2012 Rosalind English
- Why no public appointment hearings for UK’s new European Court of Human Rights judge? May 23, 2012 Adam Wagner
- Don’t rely on human rights in a dismissal claim May 22, 2012 Martin Downs
- European Court of Human Rights retreats but doesn’t surrender on prisoner votes May 22, 2012 Adam Wagner
- Pssst… no secret hearings in naturalisation cases May 22, 2012 Isabel McArdle
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Housing benefit system discriminated against disabled people, rules Court of Appeal
Posted in Art. 14 | Anti-Discrimination, Case comments, Case law, Discrimination, Housing, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property, Social Care, Spending cuts, tagged government, Politics, social security law on May 19, 2012 | 2 Comments »
Burnip v. Birmingham City Council, Trengrove v. Walsall Metropolitan Council, Gorry v. Wiltshire Council [2012] EWCA Civ 629 – read judgment In the same week that the Secretary of State for Work and Pensions, Iain Duncan-Smith, announced his intention to implement sweeping reforms of the current system of disability benefits, the Court of Appeal has [...]
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