Take Your Own Application to the ECHR

(Please read the disclaimer)

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Firstly, this site was created primarily to bring attention to, and gain support for, an existing  application which concerns a matter close to our own hearts and those of a number of other web publishers and organisations that know of - see links section.  This matter is the long standing failure to regulate the Legal Profession (see footnote).  There are many, MANY Human Rights issues to be fought and we ask forgiveness for not attempting to be all things to all men on this little corner of the web.

If you have your own cause then you may find a few useful pointers and some encouragement here, though there will be better and more useful web sites out there.  In time, at the very least, we hope to work up a decent links section.  All help and suggestions welcome.  Who knows where we will all be in a year or two?

We would like to encourage more applications from like-minded people.

The Positives...

NO Court Fees - Application forms can be downloaded here

No requirement to pay the respondent Governments costs if you lose, withdraw or settle.  The risk of having to pay the other sides costs is a MAJOR factor that puts people off pursuing their rights in the British Courts (even if you could find a solicitor willing to sue the first)

Your own costs can be recovered if you are successful

English is one of the Official languages - you don't need to speak French

Transparency - Policy dictates that information about ECHR proceedings should be in the public domain.  Most people who have been through the Law Society mill complain about the complete lack of transparency.

You can submit the application and do the leg-work yourself with very little expenditure - no solicitor required

When you need professional help, a conditional fee basis is acceptable to the Court.

You may get some support from organisations such as Liberty or JUSTICE

If you have been through a mess of costly litigation via the British Courts, then through the soul-destroying Law Society's CCS (or the Bar Council) you may be very disillusioned.  If you then go to the Legal Services Ombudsman, perhaps thinking that finally your complaints will be recognised, only to find yourself dismissed with more of the same, inept, willing blind, twisted "logic" then you would be entitled to feel like giving up...

Take heart! You have probably been through the very worst there is.   Interested? Please read on...

Time Limits:

You have six months from your last "domestic remedy" in which to lodge an application.  This time limit does not apply to Third Party Intervention (new window) so there may be a possibility that you can still have your voice heard by way of (and in support of) someone else's application, even if you have missed the deadline.

The Negatives...

The process will take several years to complete.  Actually, knowing this up-front may even reduce the stress.

You must be professionally represented if your case proceeds to court.  However, even passing the Process of Admissibility (new window) can be a victory of sorts.  The Government will get to see your submissions - hopefully a cause for alarm.

A very useful book... possibly the best there is...

Title: Taking a Case to the European Court of Human Rights

Author: Philip Leach

Blackstone's Human Rights Series -  http://www.blackstonepress.com/ 

The 2001 edition (blue cover) is available new for around £5 + P&P via www.amazon.co.uk.  Amazon can also sell you the more up-to-date (orange cover) edition.  The cover price for the latest version is £80 but Amazon currently has several second-hand copies and your local library may also be able to help.

Note: Latest advice suggests that some of the ECtHR rules have changed since 2001 and that the new (orange cover) book will probably be required reading for anyone actually bringing their own application.  The £5 book still provides an excellent introduction.  If anyone has copies of either book which they no longer need, we would be happy to advertise them for you FREE, for sale, loan or donation.

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Footnote: For most people in dispute the Courts and legal action are the last possible resort - that final method of resolving things fairly and justly (or so we like to believe).  When your problem is with the legal profession itself your difficulties really begin.  Firstly, it is almost impossible to find another solicitor you can rely on to sue the first - so, even if you have the money, and you will need a LOT of money, that "last resort" is probably closed to you.  In theory the Law Society is supposed to "regulate" the profession - in practice you may find this entity at BEST ignores your complaints and at WORST actually colludes with their Members (the solicitors they are supposed to regulate) to get them off.  The final "regulator" - the Legal Services Ombudsman - seems just as bad.  Many people believe the OLSO is as corrupt and biased in favour of the "professionals" as the Law Society.

The Courts themselves are supposed to regulate the profession - but many judges (also practicing "professional") will ignore the LAW and reward their fellows misconduct and discretions.  The chances are that you will NOT receive a fair trial (your basic human right) if a mal-practicing solicitor is involved.  The "problem" has long been recognised and the law and the Rules are plain but in practice you may truly be up Shit-Creek without a paddle.  The domestic Courts are not impartial, the regulators are useless and your Rights my be denied.  Some people loose everything.  It is no uncommon for solicitors to bankrupt their own Clients in order to further hide their own greed, incompetence and mal-practice.  Justice denied - criminals rewarded?

Disclaimer: Please note that nobody currently associated with this website has any legal qualifications.  We cannot offer legal advice.  Any information given here is provided in good faith only.  You are advised to check the facts thoroughly for yourself.  If you need legal advice then you may wish to consider consulting a suitably qualified professional.  We cannot (currently) recommend anyone or tell you who to avoid.  If anything published here is incorrect then please let us know.