Can YOU lend any support to these Applications?
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We currently have only ONE application to publicise. We believe it is an important one. Please consider this an acorn.
Name: Case 1
Status: Application submitted to ECHR. Please see the notes on "The Process of Admissibility" below.
Third Party Intervention: One in process. If you have had similar experiences you may still be able to help and win yourself the chance to have your own experiences considered by the Court. There are strict time limits. Please see "Third Party Intervention" below.
Details: This application is looking for a declaration that the domestic remedies for dealing with complaints against solicitors in UK are infringing the European Convention of Human Rights. Such a ruling, if obtained, could be important for many people as well as in shaping future domestic legislation and (more importantly) enforcement of that legislation. Amongst the Articles quoted are Article 13 (the right to an effective remedy), Article 14 (prohibition of discrimination) and Article 6 (the right to a fair trial). For further details please contact the Applicant by email. Please type the address exactly as shown below... (more.. (new window))
The European Court operates a well-established and important system for intervention in cases by third parties - permitted under Article 36(2) of the Convention. A third party may be given permission by the Court to submit written comments or (in exceptional cases) to take part in the hearings. This process is ofetn used by organisations such as Amnesty International, Liberty and Justice as well as other Convention States... but it extends to "any PERSON concerned". It is a 2-stage process...
You must write to the President of the Court. A suggested letter template is here.
The Court will (if it grants permission) give directions. Typically these will include a maximum length of submissions (10 to 15 pages), a specified time limit to lodge them (4 to 6 weeks) and, importantly, conditions as to the matters which can be covered by the intervention. It is then up to you to comply with these directions.
It is also usual for the Court to indicate that you should not comment on the particular facts or circumstances of the case itself. As a lay-person you would not be expected to provide "legal argument" - which can be useful. The judges (we hope) are used to listening to the people and deciding how the Convention applies and the relevance and similarities of your experiences.
Perhaps one of the most significant things about Third Party Intervention is that it not time-barred in the same way as the Application itself (6 month limit to file). If you have missed the boat with own application you may still be permitted to "have your say" as a third party - and remember, the UK Government will get to see your submissions too. I think that this right would also apply even if your "domestic" matters are still on-going - provided you think your Human Rights may be violated. e.g. if the Law Society or the courts are appearing to be obstructive in their lawful duty.
Third Party Intervention can be made early, to help applications pass the "Process of Admissibility" or at the "Merits Stage"
Applications go through numerous stages and this takes time. The "Process of Admissibility" (just what it says) may take four, five or six months. If the application is admitted then the Hearing can be one or two years later. Passing the process of admissibility means that the application has enough grounds. This is an alarm call for the UK Government because they will be informed and all the paperwork will be sent to them. If you do not pass the process, you have lost the opportunity because there is no appeal. To pass the process of admissibility it is not a victory, but it means a lot...
...and you can get this far without any significant expenditure or professional help.
Third Party Intervention can help too... both now and in the later stages.
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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.