Information Note on the Court’s case-law 267 October 2022 Coventry v. the United Kingdom – 6016/16 Judgment 11.10.2022 [Section IV] Article 6 Civil proceedings Article 6-1 Fair hearing Equality of arms Excessive and arbitrary burden on unsuccessful uninsured defendants in…
Beeler v. Switzerland [GC] (European Court of Human Rights)
Information Note on the Court’s case-law 267 October 2022 Beeler v. Switzerland [GC] – 78630/12 Judgment 11.10.2022 [GC] Article 14 Discrimination Discriminatory treatment of widower, taking care full-time of children, by terminating his survivor’s pension when youngest child reached adulthood,…
CASE OF I.U. AND Z.K. v. RUSSIA (European Court of Human Rights) 12767/20
The case concerns risk of treatment contrary to Article 3 of the Convention in the event of the applicants’ removal to Uzbekistan. THIRD SECTION CASE OF I.U. AND Z.K. v. RUSSIA (Application no. 12767/20) JUDGMENT STRASBOURG 11 October 2022 This…
CASE OF GARRIDO HERRERO v. SPAIN (European Court of Human Rights) 61019/19
THIRD SECTION CASE OF GARRIDO HERRERO v. SPAIN (Application no. 61019/19) JUDGMENT Art 2 (procedural) • Ineffective investigation into cause of applicant’s child’s death following alleged failure in ventilator sustaining life after road traffic accident • Criminal investigation excessively long…
CASE OF ASHOT MALKHASYAN v. ARMENIA (European Court of Human Rights) 35814/14
The case concerns the death of the applicant’s son during compulsory military service as a result of the authorities’ alleged failure to adequately assess his state of health during his conscription, as well as the ensuing investigation. It raises issues…
CASE OF ÇÖÇELLI AND OTHERS v. TÜRKIYE (European Court of Human Rights) 81415/12
The case concerns the applicants’ complaints under Article 6 § 1 of the Convention that they were not given sufficient time to challenge the composition of an expert panel, that the expert report produced in the course of proceedings on…
CASE OF COVENTRY v. THE UNITED KINGDOM (European Court of Human Rights) 6016/16
The applicant was an unsuccessful defendant in a nuisance action which the claimants had funded through a conditional fee arrangement (a “CFA”, or “no win no fee” agreement) and “after the event” insurance (“ATE insurance”), which was intended to underwrite…
CASE OF KOTOV AND OTHERS v. RUSSIA (European Court of Human Rights) 6142/18 and 13 others
The main issues in the present case are (i) whether the authorities failed to take protective measures to minimise or eliminate the effects of the pollution allegedly caused by the continuing operation of a landfill site near the applicants’ homes…
CASE OF S.F.K. v. RUSSIA (European Court of Human Rights) 5578/12
In the present case, the applicant, a 20-year-old mother-to-be at the time of the events, was forced by her parents to have her pregnancy terminated after her partner and would-be father of the child was arrested on suspicion of having…
CASE OF THEO NATIONAL CONSTRUCT S.R.L. v. THE REPUBLIC OF MOLDOVA (European Court of Human Rights) 72783/11
The case concerns a “raider attack” against the applicant company, that is the alleged illegal seizure of its goods with the assistance of presumedly corrupt courts and law-enforcement agencies. SECOND SECTION CASE OF THEO NATIONAL CONSTRUCT S.R.L. v. THE REPUBLIC…