In today’s Grand Chamber judgment in the case of J.K. and Others v. Sweden the European Court of Human Rights held, by ten votes to seven, that there would be: a violation of article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights if the ord
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When a worker puts an end to their employment relationship they are entitled to an allowance if they could not use up all or part of their right to paid annual leave, the Court of Justice of the European Union has ruled. Hans Maschek, a civil servant of the city of Vienna, retired, at his own reques
A name containing several tokens of nobility and freely chosen by a German in another member state of which he also holds the nationality does not necessarily have to be recognised in Germany, the European Court of Justice has ruled. Mr Nabiel Peter Bogendorff von Wolffersdorff, who was born in Germ
A ban on wearing headscarves in companies may be admissible if it is based on a general company rule which prohibits political, philosophical and religious symbols from being worn visibly in the workplace to ensure religious and ideological neutrality, in the opinion of an advocate general of the Co
The EU trade mark representing the shape of a Rubik’s Cube must be declared invalid on the basis it covers the generic function of the product and could therefore frustrate competition according to an Advocate General of the Court of Justice of the European Union. At the request of Seven Towns, a
A Hungarian national of Roma origin’s complaint that the authorities failed to investigate allegations she suffered racial abuse and threats from participants in an anti-Roma march has been upheld by a majority at the European Court of Human Rights. The court considered in particular that, given t
A man who complained German courts violated his article 6 right to be presumed innocent after they revoked the suspension of a sentence previously imposed on him has won his appeal at the European Court of Human Rights (ECtHR). The ECtHR noted that the German courts had stated their “firm convicti
The Lord Chief Justice of England and Wales has backed calls for the abolition of the dock as part of an attempt to modernise the court system. Lord Thomas of Cwymgiedd lent his support to the new report by all-party human rights group Justice argues the dock should be removed and that defendants sh
A number of new sheriffs have been appointed in Tayside, Central and Fife. Gillian Anne Wade QC (pictured right) and Simon Geoffrey Collins QC have been appointed as floating sheriffs of Tayside, Central and Fife.
A devious pair of fishermen narrowly lost a €30,000 cash prize after tournament organisers discovered they had stuffed their catch with lead weights. Jacob Runyan and Chase Cominsky were found out just before they were due to be awarded $28,760 USD (around €29,000 or £25,305) at the
An undercover cop coaxed a criminal suspect out of hiding by offering to marry him and then arrested him when he showed up for the wedding. The bizarre incident unfolded in New Delhi, where police were forced to resort to unconventional means to track down Balkishan Chaubey, wanted in connection wit
A man who was allegedly caught with cocaine on his nose during a traffic stop claimed that it "was not his", police said. Officers who pulled over the car in the early hours of Sunday morning noticed a "white powdery substance" on a passenger's nose.
A person tortured in the past in their country of origin is eligible for subsidiary protection if they face a real risk of being intentionally deprived in that country of appropriate physical and psychological health care, the Court of Justice of the European Union (CJEU) has ruled. The UK Supreme C
According to Advocate General Wathelet, EUIPO must re-examine whether the three-dimensional shape of the ‘Kit Kat 4 fingers’ product may be maintained as an EU trade mark. He proposes that the appeals brought by Nestlé, EUIPO and Mondelez be dismissed and states that Nestle did not adduce suffi
in other payment systems, discriminatory rules, and restrictions on the basis of institutional status. In that case, the High court asks whether, in the event that a three party payment system such as American Express enters into co-branding arrangements or makes use of an agent, that system is sub
