ECHR Art. 8

Article 8 is engaged in considering eviction based on breach of navigation licence

Tags
ECHR Art. 8

High Court in Belfast dismissed application for judicial review of decision that asylum seeker would be deported pending appeal

Tags
Deportation, ECHR Art. 8

High Court rules that the right of a claimant to name her abusers prevails over her abusers’ right to private and family life

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Disclosure, ECHR Art. 8

Law prohibits cohabitee from claiming bereavement damages under Fatal Accidents Act

Smith v Lancashire Teaching Hospitals NHS Trust [2016] EWHC 2208

The High Court found that while the Fatal Accidents Act 1976 prevented unmarried couples from claiming an entitlement to bereavement damages, the right to privacy and family life under the Convention was not engaged.  The Court indicated that it hoped the outcome of this case would provoke further discussion in Parliament about possible reform of the law.

Tags
Discrimination, ECHR Art. 8

Not a breach of Article 8 to prohibit defendants from using facebook

The High Court ruled that defendants could be prohibited from accessing their facebook accounts, despite this being a violation of their Article 8 rights, because the balance weighed in favour of preserving evidence. 

The plaintiff had sent a sexualised photograph of herself to one of the defendants, at a time when they were in a relationship.  After the relationship ended, the defendants published the photograph.  She asserted that this undermined her independence, her dignity, her right to privacy and was in breach of the Data Protection Act 1998.

Tags
ECHR Art. 8, Private Information & Data Protection

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