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Action under HRA1998 for deficiencies by High Court

Action under HRA1998 for deficiencies by High Court

Postby NFH » Wed Jun 03, 2015 8:46 am

I'm looking for advice about how to take action under the Human Rights Act 1998. This concerns a divorce case (ancillary relief) and a subsequent refusal of permission to appeal by the High Court. I represented myself at the original hearing but was represented by a very experienced barrister at the hearing for permission to appeal at the High Court. My barrister told me that I had done a very good job at representing myself and he didn't understand both courts' blatant bias against me.

I subsequently approached a well-known chambers that specialises in human rights, but they referred me to another set in Holborn on a public access basis, which listed human rights as one of its many practice areas. However, rather giving me a meeting with a human rights barrister which I had requested, they gave me a meeting with a family law barrister. This was pointless, because I had already received plenty of advice from family law solicitors and barristers. He didn't even bother to read the issues of the case and simply discouraged me from taking any action. It was clear that he knew the High Court judge very well, possibly at a personal level, given the affectionate way he talked about her. He seemed to be protecting her rather than giving me any useful advice.

The human rights issues are Article 6 (right to a fair trial) and Protocol I Article 1 (right to peaceful enjoyment of possessions). I won't go into the long and detailed list of issues, but I'll give a brief taste of them. The district judge made many errors in his calculations, omitting assets and liabilities from his figures and his judgment was based on misquoted comments by me. I subsequently obtained a transcript which proved that I had said something different from what his judgment claimed that I had said. At the permission to appeal hearing, the High Court judge misquoted facts and figures again, despite this time having the benefit of a transcript of the original hearing. In addition, there was one crucial figure that the High Court judge misquoted as half of the figure in the district judge's written judgment and order, which she described as "de minimis" in view of her mistaken perception of its small size. She also omitted to address one of my several grounds of appeal entirely, neither refusing nor granting permission to appeal. This was one of countless oversights and errors by both judges. The number of factual and mathematical errors in both judgments was so stark and consistently in the other side's favour that this was symptomatic at best of cronyism and at worst of corruption. Not one error was in my favour. Having been refused permission to appeal, I have no further right of appeal in order to remedy the many errors.

Despite having paid for legal advice, I still don't know what I need to do. I understand that I have 12 months to take action under the Human Rights Act 1998. What is the procedure? In the meantime, I've submitted a very detailed application to the EHCR, just within 6 months from the refusal of permission to appeal, but this will take at least a year.
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Re: Action under HRA1998 for deficiencies by High Court

Postby Denning » Wed Jun 03, 2015 4:15 pm

From my reading of your brief you have not sufficiently provided what can be considered an Article 6 issue. Article 6 is an area that is not easily defined and your statement that you were represented by an experienced barrister would make it extremely difficult for a judge willing to find an Article 6 issue.

In English law only that same experienced barrister can give you any reprieve or way out possibly by stating clearly in a letter to you that the judges were biased against you (rather than saying it orally) and providing adequate reasons for such statement. Otherwise without the experienced barrister providing reasons that any judge is biased then the experienced barrister could land himself or herself in deep waters.

The phrase "human rights barrister or lawyer" in England and Wales jurisdiction is ambiguous and I think you were rightly recommended to a family law chambers where there might be a barrister with specialism in human rights law. So in brief you precisely wanted a family law barrister with specialism in human rights law.

Applying Section 9 of the Human Rights Act 1998 should be left for the "masters of the law" to assist you with it if they consider your application good enough. The court has jurisdiction to give you a right of appeal only on exceptional grounds but normally they expected you to only exercise that right along with an existing right of appeal. For example when you appealed to the High Court, you could have exercised that right of appeal to also plead about the human rights angle in your Appellant's Notice.

If you applied in person to the ECHR then you would need a supernatural miracle for your application to go pass the paper stage where there is an unwritten agreement to refuse no less than 95% of the applications from the UK. With millions of people in the UK fighting to leave both the EU and the ECHR (though this appeared now delayed) the chances to go pass the paper stage will not be enhanced. The ECHR gives more interest to criminal matter or immigration or family (where a child is involved).
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Re: Action under HRA1998 for deficiencies by High Court

Postby atticus » Wed Jun 03, 2015 4:21 pm

I think the OP may have asked what procedure he should use. I do not think that he regarded his post as a "brief" for advice.
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Re: Action under HRA1998 for deficiencies by High Court

Postby NFH » Thu Jul 09, 2015 8:58 am

atticus wrote:I think the OP may have asked what procedure he should use. I do not think that he regarded his post as a "brief" for advice.

Indeed. Does anyone know how I do this, or at least get an application in? I've approached more barristers, but they specialise in either family law or human rights, but not both, and they refuse to handle it. It seems very difficult to find anyone who can handle this. I'm fast running out of time, so some pointers would be great.
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Re: Action under HRA1998 for deficiencies by High Court

Postby atticus » Thu Jul 09, 2015 10:23 am

pm sent with barrister suggestion.
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Re: Action under HRA1998 for deficiencies by High Court

Postby Hairyloon » Thu Jul 09, 2015 10:30 am

If you have exhausted all domestic remedies, then you can make an application to the European Court of Human Rights. You do not necessarily need a barrister to do this.
There is information on the ECHR website about how to do it. It has been a while since I did it, but I don't recall it being particularly difficult.
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Re: Action under HRA1998 for deficiencies by High Court

Postby atticus » Thu Jul 09, 2015 10:33 am

OP is trying to pursue a domestic remedy!
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Re: Action under HRA1998 for deficiencies by High Court

Postby Hairyloon » Thu Jul 09, 2015 11:08 am

atticus wrote:OP is trying to pursue a domestic remedy!

If he cannot get permission to appeal a decision by the High Court, then he has exhausted domestic remedies.
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Re: Action under HRA1998 for deficiencies by High Court

Postby NFH » Thu Jul 09, 2015 3:05 pm

Hairyloon wrote:If he cannot get permission to appeal a decision by the High Court, then he has exhausted domestic remedies.

Indeed, but I still have a right to take action within 12 months for a breach of Human Rights Act 1998. My question is how I exercise that right. What kind of application do I make and to whom do I submit it?
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Re: Action under HRA1998 for deficiencies by High Court

Postby dls » Fri Jul 10, 2015 8:14 am

From my reading of your brief you have not sufficiently provided what can be considered an Article 6 issue. Article 6 is an area that is not easily defined and your statement that you were represented by an experienced barrister would make it extremely difficult for a judge willing to find an Article 6 issue.


I agree.
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