Clarke v. the United Kingdom
![handle is hein.journals/hurcd15 and id is 1063 raw text is: 15 HRCD [2004-zo05]
CLARKE v. the UNITED KINGDOM
Right to a fair trial - inadmissible Article 6, Section 1
Alleged lack of independence and impartiality of district and circuit judges in proceedings
against the Lord Chancellor's Department.
On z5 August zoo5 a Chamber of the European Court of Human Rights declared
inadmissible the application in the case of Clarke v. the United Kingdom.
Summary of the facts
Judgment was given against the applicant in an action he had brought against
a local authority and an insurance company, and costs were ordered against
him. The applicant never met the judgment debt and he was declared bankrupt.
The applicant subsequently brought proceedings against the Lord Chancellor's
Department in respect of a form which the courts had supplied him in his origi-
nal action which he claimed had misled him. The claim was dismissed in first
and second instance by a district and circuit judge, respectively, on grounds that
it had no real prospect of success, despite acknowledging that the issued form
was ambiguous and to a certain extent incorrect. Leave to appeal was granted
on a number of points, principally on the point of constitutional importance
concerning the position of circuit and district judges in cases against the Lord
Chancellor or his department.
Complaints
The applicant complains about the initial proceedings and about the subsequent
proceedings. Referring to Article 6 of the Convention, he contends that the
position of judges in the lower courts generally, and the judges in his case in
particular, is incompatible with Convention standards. He also contends that
the Official Receiver should have pursued the actions in which these issues are
raised on his behalf.
He also makes a series of additional complaints about the proceedings, including
that the proceedings against the Lord Chancellor's Department, the Zurich and
the Zurich's barrister should not have been dealt with separately.](ViewImageLocal?handle=hein.journals/hurcd15&div=265&collection=&method=preview&ext=.png&size=3)
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Clarke v. the United Kingdom
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