Ndidi v The United Kingdom, No. 41215/14, ECHR, 14th September 2017 The applicant was a Nigerian national and entered the United Kingdom in 1989 before being granted indefinite leave to remain in 2003.The applicant developed a record of criminal offences and was given fair warning of deportation. In 2011, after release from an institution for […]
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Reasonable belief age defence; Articles 6 & 8
Reference of a Compatibility issue under section 288ZB(1) of the Criminal Procedure (Scotland) Act 1995 [2017] HCJAC 70 The minuter argued that section 39(2)(a)(i) of the 2009 Sexual Offences (Scotland) Act was incompatible with Article 6 and 8 of the European Convention on Human Rights (ECHR). The minuter had been indicted on two charges of […]
Three recent A1P1 cases: comment by David Bartos, Advocate
Halving of social security: Breach of A1P1 A Hungarian incapacity benefit claimant had her disability pension reduced from 91k forints to nearly 42k forints. This followed a) the introduction of a new non-contribution based social security scheme; and b) a reassessment of her capacity from 41% to 54% following criteria under the new scheme. The […]
Art.5, OLRs and rehabilitation
Art.5, OLRs and rehabilitation A petitioner brought a case for judicial review claiming that he had not been granted reasonable opportunity to demonstrate to the Parole Board for Scotland that his imprisonment was no longer necessary for the protection of the public. As such he claimed that his Article 5 right under the European Convention […]
Compatibility of Bankruptcy Act with ECHR
Compatibility of Bankruptcy Act with ECHR A case was brought by the trustee in the sequestration of John Walker, against the debtor’s former wife challenging a gratuitous alienation. The issue brought by the defender concerned whether section 34(4) of the Bankruptcy (Scotland) Act 1985 was incompatible with the European Convention on Human Rights. While recognising […]