Source: All England Reporter
Publisher Citation: [2010] All ER (D) 81 (Dec)
Court: European Court of Human Rights
Judge:

Judge Garlicki (President), Judges Bratza, Mijovic, Hirvela, Bianku, Vucinic And Anthony De Gaetano, And L Early (Section Registrar)
Judgment Dates: 7 December 2010

Catchwords

Human rights - Fair Trial - Civil right - Access to court - Leave required prior to commencement of any claim relating to exercise of police powers - Applicant's claim struck out on grounds that applicant failing to obtain leave prior to proceedings being brought - Whether applicant having 'right of access' to a court - European Convention on Human Rights, art 6(1).

The Case

Human rights Fair Trial. The European Court of Human Rights held that there had been no violation of art6(1) of the European Convention on Human Rights where the decision to strike out the applicant's claim did not impair the very essence of the applicant's right of access to court and was not disproportionate.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases