Sargsyan v. Azerbaijan (Decision) (App no. 40167/06)

Human rights – Private life – inability to return to the village where one was born and spent much of one’s life affected private life - cultural and religious attachment to the graves of late relatives might also fall within the notion of private and family life Citation: Sargsyan v. Azerbaijan (Decision) (App no. 40167/06)

Advertisements

Khoroshenko v. Russia (App no. 41418/04)

Human rights – ECHR Art 8 – a prison regime which entailed restrictions on the types, frequency and duration of visits of family members involved an interference with family life – it was an essential part of a prisoner’s right to family life that he was permitted to maintain contact with close family members   Citation: … Continue reading Khoroshenko v. Russia (App no. 41418/04)

WALID YOUSIF v COMMISSIONER OF POLICE OF THE METROPOLIS (2016)

The judge below had been correct to conclude that the appellant's treatment while in police custody did not give rise to a breach of ECHR art.3 or art.8. The strip search and cell move (while unclothed) to which he had been subjected had resulted from his own failure to engage with officers at the police … Continue reading WALID YOUSIF v COMMISSIONER OF POLICE OF THE METROPOLIS (2016)

EIGHT REPRESENTATIVE CLAIMANTS & ORS v MGN LTD (2016)

The court had to determine whether conditional fee agreement (CFA) legislation, which allowed the recovery of additional liabilities in defamation and privacy cases, was incompatible with ECHR art.10. The claimants had sought damages for invasion of privacy after their phones were hacked by the defendant newspaper publisher. Eight of the claimants had gone to trial, … Continue reading EIGHT REPRESENTATIVE CLAIMANTS & ORS v MGN LTD (2016)

MP (SRI LANKA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)

The appellant Sri Lankan national appealed against a refusal ([2014] EWCA Civ 829) of his application for asylum. The respondent secretary of state had accepted that the appellant had been a member of the Liberation Tigers of Tamil Eelam, and that he had been detained and tortured by the Sri Lankan security forces. However, she … Continue reading MP (SRI LANKA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)

R (on the application of TERESA TAINTON) (Claimant) v HM SENIOR CORONER FOR PRESTON & WEST LANCASHIRE (Defendant) & LANCASHIRE CARE NHS TRUST (Interested Party) (2016)

The claimant applied for judicial review of the defendant coroner's inquest into her son's death.   The deceased had died of oesophageal cancer while in custody. An inquest was held at which the NHS trust responsible for his medical care, the interested party, admitted to shortcomings in his medical care. The coroner decided to withdraw … Continue reading R (on the application of TERESA TAINTON) (Claimant) v HM SENIOR CORONER FOR PRESTON & WEST LANCASHIRE (Defendant) & LANCASHIRE CARE NHS TRUST (Interested Party) (2016)

TOBIAS BOWEN v (1) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2) UNITED STATES OF AMERICA (2016)

The appellant (B) appealed against the respondent secretary of state's decision to order his extradition to the US. He sought permission to appeal on the ground that his extradition would breach ECHR art.5.   The US government had requested B's extradition to New York in respect of allegations of sexual offences. New York law provided … Continue reading TOBIAS BOWEN v (1) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2) UNITED STATES OF AMERICA (2016)

PT (SRI LANKA) v ENTRY CLEARANCE OFFICER, CHENNAI (2016)

  The appellant Sri Lankan national appealed against a decision to refuse him entry clearance. The appellant had lived in Sri Lanka with his parents and three siblings. His father came to the UK and obtained indefinite leave to remain in 2010. Shortly afterwards his brother entered the UK on a student visa. The appellant's … Continue reading PT (SRI LANKA) v ENTRY CLEARANCE OFFICER, CHENNAI (2016)