Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
(b) where the criminal injury was sustained before 1 October 1979 and the victim and the assailant were living together at the time as members of the same family...".
"... According to the Courts established case law, Article 14 complements the other substantive provision of the Convention and the Protocols. It has no independent existence since it has effect solely in relation to 'the enjoyment of the rights and freedoms' safeguarded by these provisions. Although the application of Article 14 does not necessarily presuppose a breach of these provisions - and to this extent it is autonomous - there can be no room for its application unless the facts at issue fall within the ambit of one or more of the latter ". (My emphasis).
"... (1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights...
(c) does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if... primary legislation prevents removal of the incompatibility...".
"... (1) In the determination of his civil rights and obligations... everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law...".
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.