Source: All England Reporter
Publisher Citation: [2002] All ER (D) 321 (Oct)
Court: European Court of Human Rights

Judges Costa (President), Bratza, Loucaides, Birsan, Jungwiert, Butkevych, Thomassen and Mrs S Dolle (Section Registrar)

Representation Bobbetts Mackan, Bristol, for the applicant.
  C Whomersley of the Commonwealth and Foreign Office for the Government of the United Kingdom.
Judgment Dates: 22 October 2002


Human rights - Right to family and private life - Interception of communications - Interception of pager messages - Right to effective remedy - European Convention on Human Rights, arts 8, 13.

The Case

Although the government of the United Kingdom accepted that the interception of pager messages by police at a time when such interception was not regulated by legislation amounted to a violation of the applicant's rights under art8 of the European Convention on Human Rights, the European Court of Human Rights also found that s78 of the did not provide an effective remedy to deal with the substance of that complaint, and thus that art13 had been breached.

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