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Costs and Procedure

 
 

Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895

Two exceptions to the general rule that the loser pays the winner's costs


Beer v Austria

The right to equality of arms under Article 6 is applicable to an employment dispute between an individual and a private employer.


Corner House

Protective Costs Orders should only be made where the issues are of general public importance, the applicant has no private interest in the outcome but is unlikely to continue if there is a risk as to costs, and it is fair and just to make the order having regard to the financial resources of the parties.



Covey

The process of declaring someone a vexatious litigant was not an unjustified interference with his right of access to court under Article 6


Kreuz v Poland

A complaint concerning the requirement to pay court fees has been upheld as a violation of the right of access to Court under Article 6 where it imposed a disproportionate burden on the individual.


McMullen v Ireland

Dismissal of the applicants' various negligence actions against his legal representatives did not deny him a fair trial under Article 6


McTear v UK

An applicant supported on a pro bono basis cannot complain that the lack of legal aid breaches her right of access to court under Article 6.


Mcvicar v UK

The lack of legal aid for the conduct of a justification defence in libel proceedings did not breach the defendant's right to freedom of expression under Article 10


Nasser

An order for security for the defendant’s costs of an appeal against a strike out order did not breach the claimant’s rights under Article 6


Peryt v Poland

An applicant contesting court costs could not invoke Article 1 Protocol 1 where the proceedings in question involved a civil law dispute between private individuals


Regentford

The refusal to make a defendant's costs order because of the conduct of the defendant, and the lack of judicial review to challenge that refusal, did not breach Article 6.


Smeaton

Where a public interest claimant has been unsuccessful, the public interest in the case should not immunise that claimant from the cost consequences of losing.


Stevens Associates

Article 6 of the Convention does not afford a right to a claimant to proceed with a claim where he or she has not paid the costs of a previous action.


Wright

The rule of forensic immunity in Scotland was not a breach of the right of access to court under Article 6 of the Convention


 

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