UK Cases at the European Court of Human Rights since 1975
Standard Note: SN/IA/5611 Last updated: 4 November 2014
Author: Vaughne Miller and Julie Gill
Section International Affairs and Defence Section
This note gives brief details of UK cases at the European Court of Human Rights since 1975.
Cases concluded by friendly settlement are included in this note, but Article 41 (previously Article 50) cases, which are concerned with determining “just satisfaction”, are not included.
For cases since September 1997 a link is provided to the text of the ruling. As some links to material at the ECHR website may prove unstable, please contact the International Affairs and Defence Section in the event of any access problems.
This information is provided to Members of Parliament in support of their parliamentary duties and is not intended to address the specific circumstances of any particular individual. It should not be relied upon as being up to date; the law or policies may have changed since it was last updated; and it should not be relied upon as legal or professional advice or as a substitute for it. A suitably qualified professional should be consulted if specific advice or information is required.
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Contents
1 1975 – 2000 2
2 2001 – 2014 9
1 1975 – 2000
Date Party Details of Case
21 February 1975 Golder Interference with prisoner’s correspondence, Breach of Articles 6.1 and 8
7 December 1976 Handyside Seizure of obscene publication (the Little Red Schoolbook). No breach of Articles 10.2, 14 or 18; no breach of Article 1 of Protocol 1
18 January 1978 Ireland The exercising of extrajudicial powers of arrest, detention and internment by the authorities in Northern Ireland between August 1971 and December 1975, during a crisis period of terrorism in Northern Ireland. The proceedings concerned the scope and the operation in practice of those measures and the alleged ill-treatment of persons thereby deprived of their liberty. Breaches of Article 3 in terms of inhuman and degrading treatment, but not torture. No breaches of Articles 5 or 6
25 April 1978 Tyrer Inhuman and degrading treatment. Judicial corporal punishment. Breach of Article 3. No breach of Article 8 (corporal punishment, destructive of family well-being), Article 13 (no effective remedies), Article 14 (financial and social discrimination)
26 April 1979 Sunday Times Freedom of expression. Injunction to stop Sunday Times from publishing an article about thalidomide children and settlement of their compensation claims in the UK. Breach of Article 10. Asked the Commission to direct or request Government to introduce legislation overruling House of Lords decision and bring law of contempt of court into line with the Convention. No breach of Article 14 with 10
13 August 1981 Young, James and Webster
Freedom of thought, conscience, expression and association with others (enforcement of Trade Union and Labour Relations Act and Amendment Act, allowing their dismissal from employment when objecting on reasonable grounds to joining a trade union). Breach of Article 11
22 October 1981 Dudgeon Right to respect for private life (existence in criminal law of various offences capable of relating to male homosexual conduct in Northern Ireland). Breach of Article 8
5 November 1981 X Mental patient: right to have detention reviewed. No breach of Article 5.1. Breach of Article 5.4 25 February 1982 Campbell and
Cosans
Corporal punishment in state schools. No breach of Article 3. Breach of Article 2 of Protocol 1
25 March 1983 Silver Control of mail by prison authorities. Right to respect for correspondence and freedom of expression: breach of Article 8. No effective domestic remedy: breach of Article 13. Denied access to the courts on account of refusal of two petitions for permission to seek legal advice: breach of Article 6.1
Date Party Details of Case
28 June 1984 Campbell and Fell Conduct of disciplinary proceedings; delay in obtaining legal advice (right of access to court, right to respect for correspondence); refusal of independent medical examination. Breach of Articles 6, 8 and 13. No breach of Article 6
2 August 1984 Malone Interception of telephone conversation and correspondence, telephone calls being ‘metered’ by device recording numbers dialled: Breach of Article 8
28 May 1985 Ashingdane Detention of mental patient (after being declared fit for transfer to ordinary psychiatric hospital): no breach of Article 5.1. Lawfulness of authorities’ refusal to transfer patient: no breach of 5.4 or 6
28 May 1985 Abdulaziz, Cabales and Balkandali
Immigration: discrimination on grounds of sex: breach of Articles 13 and 14 in one respect only. No breach of Articles 3 or 8
21 February 1986 James Leasehold reform: no breach of Article 1, Protocol 1. Absence of appeal system: No breach of Articles 6.1 and 13 8 July 1986 Lithgow Compensation regarding nationalisation and the Aircraft and Shipbuilding Industries Act 1977: no breach of
Article 1 of Protocol 1. No breach of articles 6.1, 13 or 14.
17 October 1986 Rees Rights of transsexual: changing sex on birth certificate. No breach of Article 8 or 12 26 October 1986 AGOSI Forfeiture by customs: no breach of Article 1, Protocol 1
24 November 1986 Gillow Interference in right to respect for home in Guernsey: breach of Article 8, regarding application of Housing Control (Extension and Amendment) (Guernsey) Law 1957 by the Housing Authority: no breach of Article 6 or 14
2 March 1987 Weeks Re-detention: no breach of Article 5.1. Unable to challenge lawfulness of re-detention before a court or to have periodic reviews of detention throughout imprisonment: breach of Article 5.4
2 March 1987 Monnell and Morris Criminal appeals; deprivation of liberty: denied fair trial because unable to attend or be represented in proceedings; discriminatory loss-of-time procedure. Also alleged impropriety by police in the conduct of the criminal investigation. No breach of Article 5.1, 6.1, 6.3(c) or 14
8 July 1987 O Inability to challenge decisions on access rights to children: Breach of Article 6.1. No breach of Article 8
8 July 1987 H,W,B,R Child care decisions (absence of remedy to challenge decisions, denial of hearing within reasonable time):
breach of Articles 6.1 and 8
27 April 1988 Boyle and Rice Right to respect for family and private life, home and correspondence. Right to receive visits in prison; right to send more than one free letter a week; right to have access to telephone and censorship of prison mail: breach of Article 8 29 November 1988 Brogan, Coyle,
McFadden and Tracey
Detention under Prevention of Terrorism (Temporary Provisions) Act: breach of Article 5.3 and 5.5. No breach of Article 5.1 and 5.4
30 March 1989 Chappell Terms, content and manner of service of the Anton Pillar Order: no breach of Article 8
7 July 1989 Soering Extradition to United States of America, with likelihood of death sentence: inhuman and degrading treatment and punishment with regard to “death row phenomenon”: breach of Article 3, if carried out. No effective remedy under UK law in respect of complaint under Article 3. No breach of Article 13
7 July 1989 Gaskin Refusal of access to applicants’ child care records; right to respect for private and family life: breach of Article 8.
Right to receive information: no breach of Article 10
Date Party Details of Case
21 February 1990 Powell and Rayner Excessive noise levels in connection with the operation of Heathrow Airport: no breach of Article 13 28 March 1990 Granger Refusal of free legal aid for appeal: breach of Article 6.1 and 6.3(c). No breach of Article 5.3 26 June 1990 Fox, Campbell and
Hartley
Unjustified arrest and detention in Northern Ireland: breach of Article 5.1 (c) and 5.5
30 August 1990 McCallum Various complaints concerning the conditions, correspondence and circumstances of Scottish prisoner’s imprisonment: breach of Article 8
27 September 1990 Cossey Birth certificate for transsexual. Under English law applicant cannot claim full recognition of changed status and cannot enter into a valid marriage with a man: no breach of Articles 8 and 12
25 October 1990 Thynne,
Wilson and Gunnell
Judicial review for sex offenders. No judicial procedure available under UK law to determine the continued lawfulness of detention or, in the case of W and G, their re-detention following release: breach of Article 5.5. For Wilson, also breach of Article 5.5
30 October 1991 Vilvarajah and others Expulsion of Sri Lankan nationals to Sri Lanka. As young male Tamils, applicants had reasonable grounds to fear persecution, torture, arbitrary execution or inhuman or degrading treatment: no breach of Article 3. No effective remedy under UK law: no breach of Article 13
26 November 1991 Times Newspapers and Neil
Interlocutory injunctions constituted an unjustified interference with freedom of expression: breach of Article 10.
No effective remedy before a national authority: no breach of Article 13. Victims of discrimination: no breach of Article 14
26 November 1991 Observer and Guardian
Interlocutory injunctions constituted unjustified interference with freedom of expression: breach of Article 10. No effective remedy before a national authority: no breach of Article 13. Victims of discrimination: no breach of Article 14
29 October 1992 Y Y subjected to corporal punishment: no breach of Article 3
25 March 1992 Campbell Interference by prison authorities with prisoner’s correspondence: breach of Article 8
16 December 1992 Edwards Right to fair trial; cross-examination of police witnesses on basis of new evidence: no breach of Article 6
25 March 1993 Costello-Roberts Corporal punishment: no breach of Article 3. Right to respect for private and family life (as a result of corporal punishment): no breach of Article 8. No effective domestic remedies for the complaints: no breach of Article 13 20 April 1993 Sibson Closed Shop. Compulsion to join TGWU or move to another depot contrary to rights under Article 11: no breach
of Article 11 26 May 1993 Brannigan and
McBride
Derogation under Prevention of Terrorism Act. Failure to be promptly brought before a judge: no breach of Article 5.3. No enforceable right to compensation: no breach of Article 5.5. No effective remedy in respect of complaints: no breach of Article 13
28 June 1993 Colman Policy on advertising in the medical profession and right to freedom of expression (Article 10). No effective remedy (Article 13): friendly settlement
28 June 1993 Lamguindaz Deportation (Article 8 and 14): friendly settlement
26 October 1993 Darnell Length of Proceedings. ‘Civil rights’ proceedings leading to the final termination of employment took unreasonable length of time; procedure followed by the Secretary of State and RHA was neither fair nor public
Date Party Details of Case
and the former was not independent or impartial: breach of Article 6.1 23 February 1994 Stanford Right to fair trial (could not hear the proceedings): no breach of Article 6.1
28 February 1994 Boyle Refusal by local authority to allow access to nephew in care and absence of any possibility before entry into force of the Children Act 1989 of applying to courts for access; right to respect for family life (Article 8): friendly settlement 18 July 1994 Wynne Inability to have lawfulness of detention reviewed by court: no breach of Article 5.4
21 September 1994 Fayed State investigation into affairs of private company. Inspectors’ report determined civil right to honour and reputation.
Denied effective access to a court in determination of this civil right: no breach of Article 6.1. Not necessary to examine: denied effective domestic remedies to challenge findings of Inspectors (Article 13); presumption of innocence (Article 6.2); unjustifiable interference with honour and reputation, right to respect for private life (Article 8); peaceful enjoyment of possessions (Article 1, Protocol No. 1)
28 October 1994 Murray Arrest and detention of six people in Northern Ireland. Right to respect for private and family life and home: no breach of Article 8. No effective remedy: no breach of Article 13. Arrest and questioning of first applicant and detention of five other applicants: no breach of Article 5.1, 5.2, 5.5
28 October 1994 Boner Refusal of legal aid for appeal: breach of Article 6.3(c)
28 October 1994 Maxwell Refusal of legal aid for appeal (Scotland): breach of Article 6.3(c)
9 February 1995 Welch Confiscation order imposed constituted imposition of a retrospective criminal penalty: breach of Article 7.1 5 May 1995 Air Canada Seizure of aircraft and subsequent return on conditions: no breach of Article 1, Protocol 1. Proceedings involved
in repatriation of illegal aliens: no breach of Article 6.1 24 February 1995 McMichael Parental rights and right of access to custody documents:
breach of Article 8. Re. Mrs McMichael, breach of Article 6.1 and 8. Re. Mr McMichael: no legal right to obtain custody of son or participate in the custody or adoption proceedings: no breach of Article 6.1 or 14
13 July 1995 Tolstoy Miloslavsky Denial of fair hearing by impartial tribunal and right of access to court: no breach of Article 6.1. Freedom of expression: breach of Article 10
5 September 1995 McCann and others Right to protection of life by State. SAS shooting of suspected IRA terrorists in Gibraltar: breach of Article 2
22 November 1995 S.W. and C.R. Both applicants convicted for the rape of their wives. Applicants submitted that at the time, this did not, constitute a criminal offence: no breach of Article 7.1
22 November 1995 Bryan Right to peaceful enjoyment of possessions: no breach of Article 6.1
8 February 1996 Murray Deprived of right to silence in criminal proceedings: no breach of Article 6.1 and 6.2. Lack of access to lawyer during detention: breach of Article 6.1 with 6.3(c)
21 February 1996 Hussain Right to appeal against life imprisonment; right to periodic review of continued detention; ultimate decision over release lay with executive; right to oral hearing; right to see Parole Board reports: breach of Article 5.4
21 February 1996 Singh Lawfulness of continued detention and failure of Parole Board to offer requisite safeguards: breach of Article 5.4 27 March 1996 Goodwin Fined for not disclosing source of information: breach of Article 10
10 June 1996 Benham Detention of poll tax defaulter; denial of legal aid: no breach of Article 5.1. Breach of Article 6.1 + 6.3(c)
10 June 1996 Pullar Denial of fair trial by impartial tribunal: no breach of Article 6.1. Unable to challenge witness evidence to High Court: no breach of Article 6.1 + 6.3(d)
Date Party Details of Case
26 September 1996 June Buckley Right to live with family in caravans on own land and follow traditional gypsy lifestyle: no breach of Article 8 22 October 1996 Stubbings and others Denied access to court regarding compensation claims for psychological injury caused by childhood sexual
abuse due to operation of Limitation Act 1980: no breach of Article 6. State’s failure to protect right to respect for private life because no civil remedy for childhood abuse: no breach of Articles 8 or 14
15 November 1996 Chahal Deportation to India of Sikh asylum seeker would expose applicant to risk of torture or inhuman or degrading treatment: breach of Article 3. Ineffective judicial control: breach of Article 5.4. No effective domestic remedy:
breach of Article 13
25 November 1996 Wingrove Freedom of expression: refusal to grant classification certificate for distribution of video work: no breach of Article 10.2
17 December 1996 Saunders ‘Guinness Affair’. Use of self incriminating statements made by applicant to DTI inspectors under their compulsory powers in a fraud trial; deprived of fair hearing: breach of Article 6
19 February 1997 Laskey, Jaggard and Brown
Prosecution and conviction of sado-masochists; interference with right to respect for private life: no breach of Article 8
25 February 1997 Findlay Denial of fair hearing before court martial: breach of Article 6.1
25 February 1997 Gregory Failure of fair trial by independent and impartial tribunal: no breach of Article 6. Discrimination on grounds of race: no breach of Article 14
22 April 1997 X,Y and Z Recognition of trans-sexual father of child; right to respect for family and private life because of lack of recognition of first applicant’s role as father to third applicant; resulting situation in which they were placed was discriminatory. Breach of Article 8
2 May 1997 D Deportation of drug courier with AIDS: breach of Article 3 if deportation carried out. Denial of effective remedy to challenge the removal order: no breach of Article 13
25 June 1997 Halford Right to respect for private life and freedom of expression (telephone tapping): breach of Article 8. No effective domestic remedy in relation to the interceptions: breach of Article 13. Sex discrimination: not necessary to examine Article 14
23 September 1997 Robins Length and cost of proceedings (during dispute with neighbour): breach of Article 6.1
24 September 1997 Coyne Denial of fair hearing by independent and impartial tribunal; delay in dealing with case and assessment for legal aid (court-martial): Breach of Article 6.1
23 October 1997 National and Provincial; Leeds Permanent and Yorkshire Building Societies
Protection of property; fair trial. Applicants’ legal claims to restitution of monies paid under invalidated tax provisions extinguished under effects of retrospective legislation: no breach of Article 6.1 or 14
24 October 1997 Johnson Continued detention in hospital due to mental illness including period when no longer suffering from mental illness: breach of Article 5.1
19 February 1998 Bowman Barring distribution of campaign information before election; right to freedom of expression: breach of Article 10
Date Party Details of Case
9 June 1998 McGinley and Egan Failure to be warned of effects of exposure to radiation from 1958 nuclear tests. Denied access to own military medical and radiation records compiled following the explosions. Denied access to fair hearing before Pensions Appeal Tribunal. Subjection to harassment and surveillance. Court has no jurisdiction to consider breaches of Articles 2, 3, 6.1,10, 11, 12 (first applicant only), 13 and 14. No breach of Article 8
9 June 1998 L.C.B. Failure to be warned of effects of exposure to radiation (Articles 2 and 3). Subjection to harassment and surveillance (Article 8). Court has no jurisdiction to consider alleged breaches of Articles 2, 3, 8 and 13
10 July 1998 Tinnelly and Sons Ltd and others and McElduff and others
Denied access to an independent and impartial tribunal; interference with right to respect for private and family life. No jurisdiction to consider breaches of Articles 8, 13 and 14. Victims of discrimination on religious grounds:
breach of Article 6.1 30 July 1998 Sheffield and
Horsham
Failure of State to recognise post-operative transsexuals: no breach of Articles 8, 12 or 14
2 September 1998 Ahmed and others Local Government Officers (Political Restrictions) Regulations 1990 deny rights to freedom of expression, assembly and full participation in the electoral process. No breach of Articles10, 11 or Article 3, Protocol 1
23 September 1998 A. Failure to protect from ill-treatment by relative: breach of Article 3
23 September 1998 McLeod Alleged interference by police with applicant’s home, private life and enjoyment of possessions: breach of Article 8. Right to fair hearing: no breach of Article 6
23 September 1998 Steel and others Inadequate detail of accusations: no breach of Article 6.3. Uncertainty inherent in breach of the peace: breach of Article 10. Arrest of protesters: breach of Article 5.1. Denied right to compensation: no breach of Article 5.5 28 October 1998 Osman Police Immunity, failure to protect lives and prevent harassment of family. No access to court or effective
remedy: breach of Article 6.1. No breach of Articles 2 and 8
18 February 1999 Hood Independence of military officer to whom detainee brought: breach of Article 5.3 and 5.5; independence and impartiality of court martial: breach of Article 6.1
18 February 1999 Matthews Exclusion of Gibraltar from European parliamentary elections: breach of Article 3, Protocol 1 18 February 1999 Cable and others Independence and impartiality of courts martial: Breach of Article 6.1
22 July 1999 Scarth Lack of public hearing in arbitration proceedings: breach of Article 6.1 27 September 1999 Lustig-Prean and
Beckett
Dismissal of homosexuals from armed forces following investigation into private life: breach of Article 8
27 September 1999 Smith and Grady Dismissal of homosexuals from armed forces following investigation into private life: breach of Article 8;
degrading treatment: no breach of Article 3; availability of effective remedy: breach of Article 13 29 September 1999 Moore and Gordon Independence and impartiality of courts martial: breach of Article 6.1
29 September 1999 Smith and Ford Independence and impartiality of courts martial: breach of Article 6.1 12 October 1999 Perks and
others
Detention for non-payment of community charge: no breach of Article 5.1; unavailability of legal aid for proceedings re. non-payment: breach of Article 6.3 (c)
9 November 1999 Crossland Unavailability of widows’ allowance to widowers (Article 14): friendly settlement
Date Party Details of Case
25 November 1999 Hashman and Harrup
Binding over to good behaviour – conduct contra bonos mores (treatment of hunt saboteurs): breach of Article 10 30 November 1999 Faulkner Unavailability of legal aid for civil proceedings in Guernsey (Article 6.1) [friendly settlement]: struck off list
16 December 1999 Thompson and Venables
Trial of children for murder in adult court: no breach of Article 3; detention of convicted child: no breach of Article 5.1(a); no review of continuing lawfulness of detention: breach of Article 5.4; child on trial in adult court and Executive fixing of minimum detention period: breach of Article 6.1
28 January 2000 McGinley and Egan Revision request: revision rejected
8 February 2000 Caballero Lack of power of judge to order release on bail: breach of Articles 5.3 and 5.5
8 February 2000 McGonnell Independence and impartiality of the Bailiff in Guernsey in proceedings on refusal of planning application for change of use: breach of Article 6.1
16 February 2000 Rowe and Davis;
Jasper; Fitt
Non-disclosure of material by prosecution on grounds of public interest immunity: breach of Article 6.1 for Rowe and Davis. No breach of Article 6.1 for Jasper and Fitt
14 March 2000 Stephen Jordan Independence of military officer: breach of Articles 5.3 and 5.5
21 March 2000 MC and others Detention for non-payment of community charge (Article 5.1); unavailability of legal aid (Article 6.3(c)): struck off list
28 March 2000 Curley Absence of court review of detention after expiry of tariff: breach of Article 5.4; absence of right to compensation:
breach of Article 5.5. No breach of Article 3
30 March 2000 J.T. Respect for private life of involuntary psychiatric detainee: struck off list [friendly settlement]
4 April 2000 Paul Walsh Delay in review of lawfulness of continued detention: struck off list [friendly settlement]
25 April 2000 Cornwell Unavailability of widows’ allowance to widowers (Article 14): struck off list [friendly settlement]
25 April 2000 Leary Unavailability of widows’ allowance to widowers (Article 14). Struck off list [friendly settlement]
2 May 2000 Condron Drawing of adverse inferences by jury from accused’s failure to answer police questions: breach of Article 6.1 9 May 2000 Sander Alleged racial prejudice of jurors: breach of Article 6.1
12 May 2000 Khan Absence of legal basis for interception of conversation by listening device on private property: breach of Article 8.
Use in criminal proceedings of evidence obtained in breach of Article 8: no breach of Article 6.1. Absence of effective remedy in respect of complaint about interception of conversation: breach of Article 13
6 June 2000 Averill Drawing adverse inferences from accused’s silence: no breach of Article 6.1 and 6.2. Denial of access to lawyer:
breach of Articles 6.1 and 6.3(c)
6 June 2000 Magee Denial of access to a lawyer during initial stages of detention: breach of Articles 6.1 and 6.3(c). Alleged discrimination between detainees: no breach of Article 14
6 June 2000 Downing Absence of court review of detention after expiry of tariff: struck off list (friendly settlement) 20 June 2000 Foxley Redirection of bankrupt’s mail to the trustee in bankruptcy: breach of Article 8
31 July 2000 A.D.T. Conviction for gross indecency between men: breach of Article 8 19 September 2000 I.J.L., G.M.R. and
A.K.P.
Use at trial of statements made under threat of sanction to inspectors investigating company takeover: breach of Article 6.1. Alleged improper collusion between inspectors: no breach of Article 6.1. Non-disclosure of material by prosecution: no breach of Article 6.1. Length of criminal proceedings: no breach of Art 6.1
Date Party Details of Case
19 September 2000 Glaser Enforcement in Scotland of contact order of English court granting father access to children: no breach of Article 8. Length and fairness of civil proceedings: no breach of Article 6.1. Alleged failure of courts to respect parent’s freedom of religion in child access proceedings: no breach of Article 9
21 September 2000 Howarth Length of criminal proceedings: breach of Article 6.1; alleged adverse effect of delay in proceedings: no breach of Article 3
26 September 2000 Oldham Two-year period between reviews of detention after recall to prison: breach of Article 5.4 10 October 2000 McDaid and others Independence and impartiality of Court-martial (Article 6.1.): struck off list (arrangement) 7 November 2000 Kingsley Impartiality of Gaming Board and scope of judicial review: breach of Article 6.1
21 December 2000 Varey Refusal of planning permission for gypsies for residential caravan on land owned by them (Arts. 8 and 14): struck off list (friendly settlement)
2 2001 – 2014
Date Party Details of Case
18 January 2001 Chapman Refusal of planning permission for gypsy for residential caravan on land owned by her; scope of court review of refusal of planning permission; alleged discrimination: no breach
18 January 2001 Beard Refusal of planning permission for gypsies for residential caravan on land owned by them (Article 8) and alleged discrimination (Article 14): no breach
18 January 2001 Coster Refusal of planning permission for gypsies for residential caravan on land owned by them; alleged interference with education of gypsy children (Article 2 of Prot. 1); alleged discrimination (Article 14): no breach
18 January 2001 Lee Refusal of planning permission for gypsies for residential caravan on land owned by him; alleged interference with education of gypsy children; alleged discrimination: no breach
18 January 2001 Jane Smith Refusal of planning permission for gypsies for residential caravan on land owned by her; alleged interference with education of gypsy children; alleged discrimination: no breach
6 February 2001 Wilkinson and Allen Independence and impartiality of courts martial: breach of Article 6.1
6 February 2001 Bensaid Inhuman treatment; threatened expulsion of schizophrenic to Algeria: no breach of Articles 3, 8 or 13
6 March 2001 Hilal Threatened expulsion to Tanzania: breach of Article 3. Availability of effective remedy: no breach of Article 13 27 March 2001 Sutherland Difference in age of consent for homosexual and heterosexual relations (Article 14+8): struck off list
3 April 2001 Keenan Inhuman and degrading treatment; prisoner’s suicide: no breach of Article 2. Treatment of prisoner with history of mental disorder: breach of Article 3. Lack of effective remedy, breach of Article 13
24 April 2001 B. and P. Absence of public hearing in child custody proceedings and no public pronouncement of judgment in child custody proceedings: no breach of Article 6.1
4 May 2001 Hugh Jordan Effectiveness of investigation into shooting by soldiers: breach of Article 2. Alleged shoot to kill policy: no breach of Article 6.1. Alleged discrimination against Catholics: no breach of Article 14. Effective remedy: no breach of
Date Party Details of Case
Article 13
4 May 2001 McKerr Effectiveness of investigation into shooting by soldiers: Breach of Article 2. Alleged discrimination against Catholics: no breach. Effective remedy: no breach of Article 13
4 May 2001 Shanaghan Effectiveness of investigation into shooting by soldiers: breach of Article 2. Alleged discrimination against Catholics: no breach of Article 14. Effective remedy: no breach of Article 13
4 May 2001 Kelly and others Effectiveness of investigation into shooting by soldiers: breach of Article 2. Alleged shoot to kill policy: no breach of Article 6.1. Alleged discrimination against Catholics: no breach of Article 14. Effective remedy: no breach of Article 13
10 May 2001 Z and others Failure of social services to remove children from parents known to be neglecting them: breach of Article 3.
Access to court (striking out claims against local authority on grounds that no duty of care in exercising statutory powers in relation to child care): no breach of Article 6.1. Lack of effective remedy: breach of Article 13
10 May 2001 T.P. and K.M. Failure of social services to involve a parent in decisions on care of child following removal of child due to suspected sexual abuse: breach of Article 8. Access to court (striking out of claims against local authority on ground that no duty of care in exercising statutory powers in relation to child care): no breach of Article 6.1. Lack of effective remedy: breach of Article 13
5 June 2001 Mills Independence and impartiality of court martial: breach of Article 6.1
19 June 2001 S.B.C. Lack of power of judge to order release on bail: breach of Article 5.3. Absence of right to compensation: breach of Article 5.5. Alleged lack of effective remedy: no breach of Article 13
19 June 2001 Atlan Non-disclosure of material by prosecution on grounds of public interest immunity: breach of Article 6.1
5 July 2001 Phillips Confiscation following conviction on basis of presumption that assets acquired through drug trafficking: no breach of Article 6.2 (not applicable). Fairness of application of statutory presumption that assets acquired through drug trafficking: no breach of Article 6.1. Confiscation of assets acquired through drug trafficking: no breach of Article 1 of Prot. 1
10 July 2001 Price Conditions of detention of seriously handicapped person were degrading treatment: breach of Article 3 24 July 2001 Hirst Length of time between periodic reviews of discretionary life sentence: breach of Article 5.4
25 September 2001 P.G. and J.H. Absence of legal basis for installing covert listening device in private property; absence of legal basis for covert recording of voice samples at police station: breach of Article 8. Acquisition by police of information on use of private telephone: no breach of Article 8. Non-disclosure of material by prosecution on grounds of public interest immunity: no breach of Article 6.1. Use in criminal proceedings of evidence obtained in breach of Article 8: no breach of Article 6.1. Absence of effective remedy regarding complaints about use of covert listening devices:
breach of Article 13
2 October 2001 Hatton and others Interference with right to respect for private and family lives and the home (from aircraft noise, causing sleep disturbance): breach of Articles 8 and 13
2 October 2001 Duyonov and others Unavailability of legal aid in Gibraltar for appeal to Privy Council (Article 6.1): struck off list (friendly settlement) 16 October 2001 O’Hara Arrest allegedly without reasonable suspicion: no breach of Article 5.1(c). Failure to bring detainee promptly
before judge: breach of Article 5.3. Absence of right to compensation: breach of Article 5.5
Date Party Details of Case
16 October 2001 Brennan Deferral of access to lawyer following arrest and use at trial of admissions made to police in absence of lawyer:
no breach of Articles 6.1 and 3(c). Police supervision of detainee’s consultation with lawyer: breach of Articles 6.1 and 3(c)
30 October 2001 Devlin Access to court (issuing of national security certificate precluding operation of legislation on non-discrimination in employment): breach of Article 6.1
21 November 2001 Al-Adsani Striking out of claim for damages against foreign government in respect of alleged torture on grounds of State immunity: no breach of Article 3. Access to court (striking out claim on grounds of State immunity): no breach of Article 6.
21 November 2001 Fogarty Access to court (State immunity bar on claim of sex discrimination in respect of refusal of employment by foreign embassy): no breach of Article 6.1. Alleged sex discrimination: no breach of Articles 14 and 6
19 December 2001 C.G. Alleged unfairness of trial due to frequent interruptions by judge: no breach of Article 6.1 29 January 2002 Fielding Unavailability of widows’ allowances to widowers (Article 14): struck off list (friendly settlement)
26 February 2002 Morris Independence and impartiality of court martial: breach of Article 6.1. Specific complaints about fairness of court martial: no breach of Article 6.1. Representation of accused at court martial: no breach of Article 6.3(c)
12 March 2002 Sawden Unavailability of widows’ allowances to widowers (Article 14): struck off list (friendly settlement) 14 March 2002 Paul and Audrey
Edwards
Killing of detainee by mentally ill cell-mate and lack of effective investigation: breach of Article 2. Lack of effective remedy: breach of Article 13
19 March 2002 Devenney Access to court (issuing national security certificate precluding operation of legislation on non-discrimination in employment): breach of Article 6.1
26 March 2002 Loffelman Unavailability of widows’ allowance to widowers : struck off list (friendly settlement)
29 April 2002 Pretty Refusal to give advance undertaking not to prosecute husband for assisting wife to commit suicide: no breach of Articles 2, 3, 8 and 9. Alleged discrimination against those physically incapable of committing suicide: no breach of Article 14
7 May 2002 McVicar Unavailability of legal aid for defamation actions; exclusion of evidence and requirement that defendant prove allegations: no breach of Articles 6.1 and 10
21 May 2002 Downie Unavailability of widows’ allowance to widowers: struck off list (friendly settlement)
28 May 2002 McShane Effectiveness of investigation into death of applicant’s husband as a result of actions of the security forces during a riot: breach of Article 2. Alleged deprivation of right to fair trial: no breach of Article 6.1. Alleged discrimination:
no breach of Article 14. Alleged lack of effective remedy: no breach of Article 13. Failure to comply with obligations under Article 34
28 May 2002 Stafford Continued detention following expiry of prison sentence, on basis of mandatory life sentence where life licence had been revoked: breach of Article 5.1(a). Absence of review of lawfulness of continuing detention on basis of mandatory life sentence: breach of Article 5.4
28 May 2002 Kingsley [referral case]
Impartiality of Gaming Board and scope of judicial review: breach of Article 6.1
Date Party Details of Case
4 June 2002 William Faulkner Interference with prisoner’s correspondence: breach of Article 8
11 June 2002 Willis Unavailability of widows’ allowances to widower: breach of Article 14 and Article 1 of Prot. 1. Unavailability of widow’s pension to widower: no breach of Article 14 and Article 1 of Prot. 1. Effective remedy: no breach of Article 13
2 July 2002 Wilson and National Union of Journalists and others
Offering of incentives to employees to renounce right to representation by trade union: breach of Article 11
11 July 2002 I. Lack of legal recognition of transsexual: breach of Article 8. Impossibility for transsexual to marry: breach of Article 12
11 July 2002 Christine Goodwin Lack of legal recognition of transsexual: breach of Article 8. Impossibility for transsexual to marry: breach of Article 12. Effective remedy: no breach of Article 13
15 July 2002 Michael Matthews Different age requirements for men and women regarding entitlement to elderly person’s travel permit (Article 14 + Article 1 of Prot. 1): struck off list (friendly settlement)
15 July 2002 Ezeh and Connors Refusal to allow convicted prisoners to be legally represented in prison disciplinary proceedings: breach of Article 6.3(c)
16 July 2002 P., C. and S. Absence of legal representation in proceedings concerning child care: breach of Article 6.1. Taking of child into care at birth on emergency basis: breach of Article 8. Procedures concerning care and freeing for adoption orders: breach of Article 8
16 July 2002 Armstrong Absence of legal basis for covert audio surveillance by the police: breach of Article 8. Absence of effective remedy: breach of Article 13
16 July 2002 Davies Length of proceedings concerning disqualification of company director: no breach of Article 6.1
24 September 2002 Nerva and others Employer’s inclusion of waiters’ tips in minimum wage: no breach of Article 1 of Prot. 1. Alleged discrimination against waiters: no breach of Article 14 and Article 1 of Prot. 1
24 September 2002 M.G. Refusal of access to records of time spent as child in public care: breach of Article 8 24 September 2002 Cuscani Failure to provide interpreter for hearing on sentencing: breach of Article 6.1 and 6.3(e)
26 September 2002 Benjamin and Wilson Absence of right to review of lawfulness of detention by body with power to order release: breach of Article 5.4 1 October 2002 Rice Unavailability of widows’ allowances to widower: struck off list (Friendly settlement)
8 October 2002 Beckles Drawing of adverse inferences by a jury from accused’s failure to answer police questions: breach of Article 6.1 10 October 2002 D.P. and J.C. Alleged failure of social services to protect children from sexual abuse: no breach of Article 3 + 8. Access to
court (striking out claims against local authority on ground that no duty of care in exercising statutory powers in relation to child care): no breach of Article 6.1. Lack of effective remedy: breach of Article 13
15 October 2002 Somjee Length of several sets of proceedings relating to employment: breach of Article 6.1 22 October 2002 Foley Length of civil proceedings: breach of Article 6.1
22 October 2002 Perkins and R Dismissal of homosexuals from armed forces following investigation into private life: breach of Article 8
22 October 2002 Taylor-Sabori Absence of legal basis for interception by police of pager messages sent via private communications system:
breach of Article 8. Lack of effective remedy: breach of Article 13
Date Party Details of Case
22 October 2002 Beck, Copp and Bazeley
Dismissal of homosexuals from armed forces following investigation into private life: breach of Article 8.
Degrading treatment: no breach of Article 3. Availability of effective remedy: breach of Article 13
5 November 2002 Allan Absence of legal basis for covert recording of remand prisoner at police station: breach of Article 8. Use in criminal proceedings of evidence obtained by police informer put in suspect’s cell: breach of Article 6.1. Absence of effective remedy: breach of Article 13
26 November 2002 E. and others Failure of social services to protect children from sexual and physical abuse by mother’s partner: breach of Article 3. Lack of effective remedy: breach of Article 13
10 December 2002 Stephen Jordan (no.2)
Length of court martial proceedings: breach of Article 6.1
10 December 2002 Waite Lack of oral hearing in proceedings for review of lawfulness of detention on recall to prison following revocation of life licence: breach of Article 5.4. Lawfulness of detention following revocation of life licence: no breach of Article 5.1(a). Absence of right to compensation: breach of Article 5.5. Alleged discrimination on grounds of sexual orientation: no breach of Article 14
17 December 2002 A. Access to court (Parliamentary immunity attaching to statements made by Member of Parliament in parliamentary debate): no breach of Article 6.1 Unavailability of legal aid for defamation actions: no breach of Article 6.1. Alleged infringement of respect for private life: no breach of Article 8. Alleged discrimination: no breach of Articles 14 and 6. Alleged lack of effective remedy: no breach of Article 13
17 December 2002 Mitchell and Holloway
Length of civil proceedings: breach of Article 6.1
16 January 2003 Obasa Length of proceedings relating to discrimination in employment: breach of Article 6.1
28 January 2003 Peck Disclosure to public of CCTV images recorded in a public place: breach of Article 8. Lack of effective remedy:
breach of Article 13
20 February 2003 Hutchison Reid Detention on basis of untreatable mental disorder: no breach of Article 5.1(e). Burden of proof on detainee to show absence of mental disorder requiring continued detention and speed of review of lawfulness of continuing detention on basis of mental disorder: breach of Article 5.4
8 April 2003 Atkinson Unavailability of widows’ allowances to widower: struck off list (friendly settlement) 29 April 2003 McGlinchey and
others
Adequacy of medical care provided by prison authorities to heroin addict suffering withdrawal symptoms: breach of Article 3. Lack of effective remedy: breach of Article 13
6 May 2003 Appleby and others Refusal of permission to solicit signatures for petition in privately owned shopping mall: no breach of Article 10.
Refusal of permission to meet in a privately-owned shopping mall to solicit signatures for petition: no breach of Article 11. Alleged lack of effective remedy: no breach of Article 13
27 May 2003 Hewitson Absence of legal basis for installation of listening device on private property: breach of Article 8 12 June 2003 Easterbrook Fixing of tariff by the Secretary of State after lengthy delay: breach of Article 6.1
12 June 2003 Chalkley Absence of legal basis for interception of conversation by means of listening device on private property: Breach of Article 8. Absence of effective remedy: breach of Article 13
24 June 2003 Stretch Denial of option to extend lease from local authority, on ground that the granting of the option was ultra vires:
breach of Article 1 of Prot. 1
Date Party Details of Case
24 June 2003 Dowsett Non-disclosure of material by prosecution: breach of Article 6.1
1 July 2003 Finucane Effectiveness of investigation into shooting allegedly carried out with collusion of security forces: breach of Article 2
8 July 2003 Hatton and others (referral case)
Noise nuisance from night flights: no breach of Article 8. Scope of judicial review: breach of Article 13 17 July 2003 Mellors Length of criminal proceedings, in particular appeal proceedings: breach of Article 6.1
17 July 2003 Perry Covert filming of suspect at police station for identification purposes: breach of Article 8
22 July 2003 Edwards and Lewis Non-disclosure by prosecution on grounds of public interest immunity of material potentially relevant to defence of entrapment: breach of Article 6.1
29 July 2003 Price and Lowe Length of civil proceedings: breach of Article 6.1
29 July 2003 Z.W. Alleged failure of social services to protect children from sexual abuse by foster parents and lack of effective remedy (Arts. 3 and 13): struck off list (friendly settlement)
29 July 2003 Brown Dismissal of homosexual from the armed forces following investigation into private life; availability of effective remedy; alleged discrimination: struck off list (friendly settlement)
7 October 2003 Von Bulow Absence of review on lawfulness of continued detention on basis of mandatory life sentence after expiry of tariff:
breach of Article 5.4
9 October 2003 Ezeh and Connors Refusal to allow convicted prisoners to be legally represented in prison disciplinary proceedings: breach of Article 6.3(c)
16 October 2003 Wynne (No.2)
Absence of review on lawfulness of continued detention on basis of mandatory life sentence after expiry of tariff:
breach of Article 5.4. Absence of right to compensation: breach of Article 5.5
25 November 2003 Lewis Absence of legal basis for installation of listening device on private property: breach of Article 8. Lack of effective remedy: breach of Article 13
16 December 2003 Cooper Independence and impartiality of air force court martial: no breach of Article 6.1 16 December 2003 Grieves Independence and impartiality of navy court martial: breach of Article 6.1
13 January 2004 Owens British social security legislation discriminated against him on grounds of sex: struck off list (friendly settlement) 10 February 2004 B.B. Different treatment of homosexuals and heterosexuals over age of consent: breach of Article 14 + 8
19 February 2004 Martin Covert surveillance of private home by local council: struck off list (friendly settlement)
9 March 2004 Glass Interference by NHS Trust with right to respect for private life (UK law and practice failed to guarantee physical and moral integrity): breach of Article 8
30 March 2004 Hirst (2) Ban from voting in parliamentary elections: breach of Protocol 1, Article 3
27 April 2004 Kansal Defendant forced to make statements that were self-incriminating: breach of Article 6.1
27 April 2004 Hill No review of continued lawfulness of detention following expiry of tariff; no possibility of compensation: breach of Articles 5.4 and 5.5
27 May 2004 Connors Eviction of gypsy and family from site : breach of Article 8; no breach of Article 6 15 June 2004 S.C. Denial of access to participate effectively during hearing: breach of Article 6.1
Date Party Details of Case
15 June 2004 G.W. Denial of access to a fair hearing by an independent and impartial tribunal: breach of Article 6.1 15 June 2004 Le Petit Denial of fair hearing by an independent and impartial tribunal: breach of Article 6.1
15 June 2004 Thompson Failure to bring detainee promptly before judge: breach of Article 5.3; absence of right to compensation: breach of Article 5.5; denial of independent and impartial hearing: breach of Article 6.1; Refusal of legal aid for appeal:
breach of Article 6.3(c)
20 July 2004 Eastaway Length of civil proceedings: breach of Article 6.1
5 October 2004 H.L. Detention in a psychiatric institution as an informal patient in the absence of mental disorder: breach of Article 5.1; absence of review of lawfulness in continuing detention: breach of Article 5.4
26 October 2004 Miller and others Independence and impartiality of court martial: breach of Article 6.1
27 October 2004 Edwards and Lewis Denial of access to fair trials as a result of the incitement of offences by agents provocateurs: breach of Article 6.1
16 November 2004 Hooper Denial of access to a hearing before it imposed a binding over order: breach of Article 6.1 and 3(c) 16 November 2004 King Length of tax penalty proceedings: breach of Article 6.1
16 November 2004 Massey Length of criminal proceedings, in particular the investigation, trial and appeal: breach of Article 6.1
16 November 2004 Wood Interception of covert recordings by police while being held in custody: breach of Article 8; Absence of effective remedy in respect of complaint about interception of conversation: breach of Article 13
1 February 2005 Crowther Confiscation proceedings took unreasonable length of time: breach of Article 6.1
15 February 2005 Steel and Morris Unavailability of legal aid for defamation actions: breach of Article 6.1; freedom of expression: breach of Article 10
1 March 2005 Beet and others Unlawful detention for failure to pay local taxes or court-imposed fines: breach of Article 5.1; denied access to compensation: breach of Article 5.5; unavailability of legal representation and not represented at the hearing;
Fogg, Moore, Telfer and Rigby: breach of Article 6.1 and 3(c)
1 March 2005 Lloyd and others Unlawful detention for failure to pay local taxes or court-imposed fines: breach of Article 5.1; denied access to compensation: breach of Article 5.5; unavailability of legal representation and not represented at the hearing:
breach of Article 6.1 and 3(c)
17 March 2005 Bubbins The State's alleged failure to protect the right to life: no breach of Article 2; the effectiveness of the investigation:
no breach of Article 2; availability of effective remedy: breach of Article 13
12 April 2005 Whitfield and others Independence and impartiality of the adjudicating body: breach of article 6.1; unavailability of legal aid: breach of Article 6.3(c); denied access to compensation: no breach of Article 5 alone or in conjunction with Article 13
17 April 2005 Blackstock Twenty two month period between review of detention conditions: breach of Article 5.4; subsequent compensation for the above: breach of Article 5.5
21 June 2005 Kolanis Detention of mental patient: no breach of Article 5.1; absence of review of lawfulness of continuing detention:
breach of Article 5.4; subsequent compensation for the above: breach of Article 5.5; Absence of effective remedy: no breach of Article 13
19 July 2005 P.M. Discrimination against unmarried father: breach of Article 14 in conjunction with Article 1 of Protocol No. 1;
Effective remedy: no breach of Article 13
13 September 2005 B. and L. Impossibility for father in law and daughter in law to marry: breach of Article 12
Date Party Details of Case
4 October 2005 Shannon Requirement to attend an interview and give information to financial investigators exercising their powers under the Proceeds of Crime (Northern Ireland) Order 1996, and the ensuing prosecution and conviction for failing to attend: breach of Article 6.1
6 October 2005 Hirst Denied access to full participation in the electoral process: breach of Article 3 of Protocol No.1; discrimination against convicted prisoner: no breach of Article 14; denied right to freedom of expression through voting: no breach of Article 10
19 October 2005 Roche Denied adequate access to a court as a result of the certificate issued by the Secretary of State under section 10 of the Crown Proceedings Act 1947: no breach of Article 6.1; denied access to a “possession” (a claim in negligence against the MoD) until deprived of it, in an unjustified manner, when the Secretary of State issued the section 10 certificate: no breach of Article 1 of Protocol No. 1; Section 10 of the 1947 Act was discriminatory: no breach of Article 14 in conjunction with Article 6 and Article 1 of Protocol No.1; lack of effective remedy: no breach of Article 13 in conjunction with Article 6 and Article 1 of Protocol No. 1; failure to provide information regarding tests in Portadown to allay fears linked to private and family life: breach of Article 8; right to receive information: no breach of Article 10
20 October 2005 Yetkinsekerci Length of proceedings incompatible with the “reasonable time” requirement: breach of Article 6.1 7 March 2006 Yassar Hussain Refusal by judge for defendant's costs order. Presumption of innocence: breach of Article 6.2
23 May 2006 Grant Rights of transsexual: lack of legal recognition of her change of gender and the refusal of the Department of Social Security (DSS) to pay her a retirement pension at the age of 60: breach of Article 8; refusal to pay State Pension at 60: no breach of Article 1 of Protocol No.1
20 June 2006 Elahi Absence of legal basis for a covert listening device on private property to obtain material which was subsequently relied on by the prosecution: breach of Article 8
11 July 2006 Saadi Detention at the Oakington Reception Centre constituted a “deprivation of liberty”: no breach of Article 5.1;
detainee unaware as to the reason why he is being deprived of his liberty: breach of Article 5.2
18 July 2006 Keegan Failure by police to take reasonable and available precautions “necessary in a democratic society”: breach of Article 8; lack of effective remedy: breach of Article 13
26 September 2006 Wainwright Strip and intimate body searches when seeking to visit a relative in prison was highly distressing and constituted degrading treatment: no breach of Article 3. Breach of Article 8; unavailability effective remedy: breach of Article 13
26 September 2006 Blake Length of court proceedings: breach of Article 6.1
24 October 2006 Martin Independence and impartiality of tribunal: breach of Article 6.1
14 November 2006 Tsfayo Hammersmith and Fulham Council Housing Benefit and Council Tax Benefit Review Board was not an independent and impartial tribunal: breach of Article 6.1
14 November 2006 Hobbs, Richard, Walsh and Green
Non-entitlement to a Widow’s Bereavement Tax Allowance: breach of Article 14 in conjunction with Article 1 of Protocol No.1 (Mr Hobbs, Mr Richard and Mr Walsh); non entitlement to a Widow’s Payment and/or Widowed Mothers’ Allowance; no breach of breach of Article 14 in conjunction with Article 1 of Protocol No.1 (Mr Green,
Date Party Details of Case
Mr Richard and Mr Walsh); non-entitlement to a Widow’s Pension: no breach of Article 14 in conjunction with Article 1 of Protocol No. 1 (Mr Richard and Mr Walsh)
12 December 2006 Burden and Burden Alleged discrimination for the significant liability to inheritance tax exemptions: no breach of Article 14 in conjunction with Article 1 of Protocol No. 1
16 January 2007 Bell Denial of access to a fair hearing by an independent and impartial tribunal: breach of Article 6.1; denied access to legal representation: breach of Article 6.3(c)
16 January 2007 Young Denial of access to a fair hearing by an independent and impartial tribunal: breach of Article 6.1; denied access to legal representation: breach of Article 6.3(c)
16 January 2007 Black Denial of access to a fair hearing by an independent and impartial tribunal: breach of Article 6.1; denied access to legal representation: breach of Article 6.3(c)
27 February 2007 Associated Society of Locomotive Engineers and Firemen (ASLEF)
Expulsion of a member due to membership of the British National Party, a political party which advocated views inimical to its own: breach of Article 11
3 April 2007 Copland Monitoring activity amounting to an interference with the right to respect for private life and correspondence:
breach of Article 8
10 May 2007 Runkee and White Non-entitlement to a Widow's Payment: breach of Article 14 in conjunction with Article 1 of Protocol No.1; non- entitlement to a Widow's Pension: no breach of Article 14 in conjunction with Article 1 of Protocol No.1
30 August 2007 J.A. Pye (Oxford) Ltd and J.A. Pye
(Oxford) Land Ltd
Disproportionate interference with property rights: no breach of Article 1 of Protocol No.1
2 October 2007 Bhandari Length of civil proceedings: breach of Article 6.1
9 October 2007 Cross Non-entitlement to a Widow's Bereavement Allowance: breach of Article 14 in conjunction with Article 1 of Protocol No1
20 November 2007 Gault Lack of relevant and sufficient reasons for three month detention: breach of Article 5.3
20 November 2007 Woods Discrimination on the grounds of sex for refusal to grant Widowed Mother's Allowance or equivalent: breach of Article 14 in conjunction with Article 1 of Protocol No.1
20 November 2007 Fallon Discrimination on the grounds of sex for refusal to grant Widowed Mother's Allowance or equivalent: breach of Article 14 in conjunction with Article 1 of Protocol No.1
20 November 2007 Crilly Discrimination on the grounds of sex for refusal to grant Widow’s Bereavement Allowance or equivalent: breach of Article 14 in conjunction with Article 1 of Protocol No.1
27 November 2007 Reavey Lack of independence in the early stages of murder investigation by the Royal Ulster Constabulary (Northern Ireland): breach of Article 2
27 November 2007 Brecknell Lack of independence in the early stages of murder investigation by the Royal Ulster Constabulary (Northern Ireland): breach of Article 2
27 November 2007 O’Dowd Lack of independence in the early stages of murder investigation by the Royal Ulster Constabulary (Northern Ireland): breach of Article 2
Date Party Details of Case
27 November 2007 McCartney Lack of independence in the early stages of murder investigation by the Royal Ulster Constabulary (Northern Ireland): breach of Article 2
27 November 2007 McGrath Lack of independence in the early stages of murder investigation by the Royal Ulster Constabulary (Northern Ireland): breach of Article 2
4 December 2007 Dickson Refusal of access to artificial insemination facilities: breach of Article 8
8 January 2008 Williams Discrimination on the grounds of sex for refusal to grant Widowed Mother's Allowance or equivalent: breach of Article 14 in conjunction with Article 1 of Protocol No.1
8 January 2008 Boyle Lack of independence and impartiality of the applicant's commanding officer in the 12th Regiment of the Royal Artillery: breach of Article 5.3; alleged failure to inform of the reasons for the detention in relation to the period 12 November 1999 to 22 February 2000: no breach of Article 5.3; lack of a factual or legal basis for the applicant's detention in relation to the period 12 November 1999 to 22 February 2000: no breach of Article 5.3
22 January 2008 Higham Discrimination on the grounds of sex for refusal to grant Widow’s Bereavement Allowance or equivalent: breach of Article 14 in conjunction with Article 1 of Protocol No.1
22 January 2008 Goodwin Discrimination on the grounds of sex for refusal to grant Widow’s Bereavement Allowance or equivalent: breach of Article 14 in conjunction with Article 1 of Protocol No.1
29 January 2008 Saadi Detention at the Oakington Reception Centre constituted a “deprivation of liberty”: no breach of Article 5.1;
detainee unaware as to the reason why he is being deprived of his liberty: breach of Article 5.2
27 March 2008 McNamee Discrimination on the grounds of sex for refusal to grant Widow’s Payment or equivalent: breach of Article 14 in conjunction with Article 1 of Protocol No.1
1 April 2008 Cummins Discrimination on the grounds of sex for refusal to grant Widow’s Payment or equivalent: breach of Article 14 in conjunction with Article 1 of Protocol No.1
1 April 2008 Bond Discrimination on the grounds of sex for refusal to grant Widowed Mother's Allowance or equivalent: breach of Article 14 in conjunction with Article 1 of Protocol No.1
1 April 2008 Nelson Discrimination on the grounds of sex for refusal to grant Widowed Mother's Allowance or equivalent: breach of Article 14 in conjunction with Article 1 of Protocol No.1
8 April 2008 Nnyanzi Facing a real and immediate risk of ill-treatment and arbitrary detention if returned to Uganda: no breach of Article 3; removal to Uganda constitutes disproportionate interference with the right to respect for private life: no breach of Article 8
8 April 2008 Szulc Discrimination on the grounds of sex for refusal to grant Widowed Mother's Allowance or equivalent: breach of Article 14 in conjunction with Article 1 of Protocol No.1; discrimination on the grounds of sex for refusal to grant Widow’s Bereavement Allowance or equivalent: breach of Article 14 in conjunction with Article 1 of Protocol No.1 13 May 2008 McCann Lack of adequate procedural safeguards: breach of Article 8
20 May 2008 Smith Discrimination on the grounds of sex for refusal to grant Widow’s Bereavement Allowance or equivalent: breach of Article 14 in conjunction with Article 1 of Protocol No.1
20 May 2008 Twizell Discrimination on the grounds of sex for refusal to grant Widow’s Payment: breach of Article 14 in conjunction with Article 1 of Protocol No.1
3 June 2008 Deak Length of proceedings: breach of Article 6.1 (Romania); no breach of Article 6.1 (United Kingdom)
Date Party Details of Case
1 July 2008 Liberty and others The examination, use and storage of intercepted communications constituted an interference: breach of Article 8 8 July 2008 Wakeling Discrimination on the grounds of sex for refusal to grant Widow’s Bereavement Allowance: breach of Article 14 in
conjunction with Article 1 of Protocol No.1
8 July 2008 Hubley Discrimination on the grounds of sex for refusal to grant Widow’s Bereavement Allowance: breach of Article 14 in conjunction with Article 1 of Protocol No.1
8 July 2008 Wells Discrimination on the grounds of sex for refusal to grant Widow’s Bereavement Allowance: breach of Article 14 in conjunction with Article 1 of Protocol No.1
17 July 2008 N.A. Expulsion of Sri Lankan national to Sri Lanka. As young male Tamil, applicant had reasonable grounds to fear persecution, torture and ill-treatment: breach of Article 3
17 July 2008 O’Brien Discrimination on the grounds of sex for refusal to grant Widow’s Bereavement Allowance: breach of Article 14 in conjunction with Article 1 of Protocol No.1
17 July 2008 Harrison Discrimination on the grounds of sex for refusal to grant Widow’s Bereavement Allowance: breach of Article 14 in conjunction with Article 1 of Protocol No.1
17 July 2008 Thomas Discrimination on the grounds of sex for refusal to grant Widow’s Payment and Widowed Mother's Allowance:
breach of Article 14 in conjunction with Article 1 of Protocol No.1
17 July 2008 Ginnifer Discrimination on the grounds of sex for refusal to grant Widow’s Bereavement Allowance: breach of Article 14 in conjunction with Article 1 of Protocol No.1
17 July 2008 Jackson Discrimination on the grounds of sex for refusal to grant Widow’s Bereavement Allowance: breach of Article 14 in conjunction with Article 1 of Protocol No.1
30 September 2008 R.K. and A.K. Care order constituted an interference with the right to respect for family life: no breach of Article 8; redress was not available at the relevant time: breach of Article 13
4 December 2008 S. and Marper Retention of fingerprints, cellular samples and DNA profiles interfered with the right to respect for private life:
breach of Article 8
9 December 2008 Shireby Discrimination on the grounds of sex for refusal to grant Widow’s Payment: breach of Article 14 in conjunction with Article 1 of Protocol No.1
8 January 2009 Bullen and Soneji Length of the criminal proceedings had contravened the “reasonable time” requirement: breach of Article 6.1 13 January 2009 Thorne Discrimination on the grounds of sex for refusal to grant Widow’s Payment and Widowed Mother's Allowance:
breach of Article 14 in conjunction with Article 1 of Protocol No.1 20 January 2009 Al-Khawaja and
Tahery
Violation of the right to a fair trial and denied the opportunity to examine or have examined a witness against applicant, whose evidence was the sole or decisive evidence in respect of one of the convictions: breach of Article 6.1 in conjunction with Article 6.3(d) in respect of Mr Al-Khawaja; violation of the right to a fair trial and denied the opportunity to examine or have examined a witness against applicant, whose evidence was the sole or decisive evidence in respect of one of the convictions: breach of Article 6.1 in conjunction with Article 6.3(d) in respect of Mr Tahery
3 February 2009 Booth Discrimination on the grounds of sex for refusal to grant Widow’s Payment: breach of Article 14 in conjunction with Article 1 of Protocol No.1
Date Party Details of Case
3 February 2009 Turner Discrimination on the grounds of sex for refusal to grant Widowed Mother's Allowance: breach of Article 14 in conjunction with Article 1 of Protocol No.1
3 February 2009 Mitchard Discrimination on the grounds of sex for refusal to grant Widowed Mother's Allowance: breach of Article 14 in conjunction with Article 1 of Protocol No.1
3 February 2009 Robert Murray Discrimination on the grounds of sex for refusal to grant Widowed Mother's Allowance: breach of Article 14 in conjunction with Article 1 of Protocol No.1
3 February 2009 Twomey Discrimination on the grounds of sex for refusal to grant Widowed Mother's Allowance: breach of Article 14 in conjunction with Article 1 of Protocol No.1
19 February 2009 A. and others Extradition to countries of origin with likelihood of inhuman and degrading treatment and punishment. Absence of effective remedy: no breach of Article 3 taken alone or in conjunction with Article 13, in respect of the first, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth and eleventh applicants; detention was unlawful: no breach of Article 5.1 in respect of the second and fourth applicants; detention was unlawful: breach of Article 5.1 in respect of the first, third, fifth, sixth, seventh, eighth, ninth, tenth and eleventh applicants; inability to have lawfulness of detention challenged: breach of Article 5.4 in respect of the first, third, fifth and tenth applicants but no breach of Article 5.4 in respect of the sixth, seventh, eighth, ninth and eleventh applicants; no right to compensation:
breach of Article 5.5 in respect of the first, third, fifth, sixth, seventh, eighth, ninth, tenth and eleventh applicants 28 April 2009 Blackgrove Discrimination on the grounds of sex for refusal to grant Widowed Mother's Allowance: breach of Article 14 in
conjunction with Article 1 of Protocol No.1
2 June 2009 Szuluk Monitoring of medical correspondence whilst in prison breached right to respect for correspondence and private life: breach of Article 8
27 October 2009 Crompton Industrial proceedings over redundancy took eleven years to reach their conclusion: breach of Article 6.1;
independence and impartiality of the tribunal determining the proceedings: no breach of Article 24 November 2009 Omojudi Deportation to Nigeria violated right to respect for family and private life: breach of Article 8
15 December 2009 Financial Times Ltd Decision of the High Court to order applicant to disclose leaked document violated the right to freedom of expression: breach of Article 10
12 January 2010 Gillan and Quinton The powers of stop and search constituted interferences with their right to respect for private life: breach of Article 8
12 January 2010 Khan A.W. Deportation to Pakistan violated right to respect for family and private life: breach of Article 8
26 January 2010 Ebanks Failure of original lawyers to ensure that case was put before the court in the trial proceedings and act in accordance with applicants instructions, and the subsequent failure of the Court of Appeal and the Privy Council to remedy that failure: no breach of Article 6.1 in conjunction with Article 6.3 (c)
9 February 2010 Richard Anderson Length of the proceedings before the Court of Session challenging the statutory notices was incompatible with the “reasonable time”: breach of Article 6.1
2 March 2010 Al-Saadoon and Mufdhi
Through the actions and inaction of the United Kingdom authorities, the applicants have been subjected, since at least May 2006, to the fear of execution by the Iraqi authorities causing the applicants psychological suffering of this nature and degree constituted inhuman treatment: breach of Article 3; unfair trial before the Iraqi High Tribunal: no breach of Article 6; transfer of the applicants out of the United Kingdom's jurisdiction exposed them
Date Party Details of Case
to a serious risk of grave and irreparable harm: breach of Articles 13 and 34
16 March 2010 A.D. and O.D. Decision to take the second applicant into local authority care violated their rights: breach of Article 8; absence of effective remedy: breach of Article 13 in conjunction with Article 8 in relation to first applicant; absence of effective remedy: no breach of Article 13 in relation to second applicant
23 March 2010 M.A.K. and R.K. Separation during the ten days that the second applicant was in hospital violated their right to respect for their private and family life: breach of Article 8 in relation to first and second applicant; withdrawal of legal aid deprived second applicant of an effective remedy within the national legal system for the complaint under Article 8: breach of Article 13 in relation to first applicant
30 March 2010 Allen Not permitted to attend the hearing of the prosecution's appeal against bail: breach of Article 5.4; Deputy District Judge did not “exercise judicial power,” as his decision on bail was open to appeal: no breach of Article 5.3 20 April 2010 Adetoro Unfair trials because of trial judge’s misdirection to the jury on drawing of adverse inferences from his refrusal to
answer questions during police interviews: no breach of Article 6.1.
18 May 2010 Kennedy Denied effective remedy; alleged interception of applicant’s communications: no breach of Articles 8, 6.1 or 13 15 June 2010 S.H. Government decision to expel Bhutanese national of Nepalese ethnic origin, who was allegedly at risk of
persecution in Bhutan: there would be a breach of Article 3 if applicant removed to Bhutan.
13 July 2010 Clift Continued imprisonment following recommendation of Parole Board that applicant be released on licence violated rights on account of difference in treatment compared with prisoners serving fixed-term sentences of less than 15 years or life sentences: breach of Article 5 in conjunction with Article 14.
21 September 2010 Kay and others Leases of housing units provided to applicants by charitable housing trust under special scheme terminated by Lambeth B.C. Applicants complained of possession proceedings brought against them and inability to challenge possession orders: breach of Article 8.
21 September 2010 Szypusz Applicant complained of unfair criminal proceedings, as police officer responsible allowed to remain alone with jury for almost two hours whilst viewing important video evidence: no breach of Article 6.1.
21 September 2010 O’Dowd Complaint of length of pre-trial detention and refusal of bail in criminal proceedings against applicant, for rape, false imprisonment and indecent assault: no breach of Article 5.3.
28 September 2010 J.M. Applicant alleged that when setting level of child maintenance she was required to pay, the authorities discriminated against her on basis of sexual orientation: breach of Article 14 in conjunction with Article 1 of Protocol No. 1.
23 November 2010 Greens and M.T. Applicants serving prison sentences complain of authorities’ refusal to enrol them on electoral register for domestic elections and for elections to European Parliament: breach of Article 3 of Protocol No. 1; no breach of Article 13.
7 December 2010 MacKay and BBC Scotland
Unable to challenge a court order prohibiting reporting on a criminal trial: breach of Article 13 in conjunction with Article 10.
7 December 2010 Seal Applicant arrested for breach of the peace and removed to hospital under 1983 Mental Health Act, where he was detained and eventually released. Complains about subsequent decision to strike out his civil claim against police for assault and false imprisonment on ground that he had failed to obtain leave to file such a claim, a
