The finding that a party had been denied a fair trial may of itself be sufficient compensation. The applicant had been excluded from management of licensed casinos. The appeal board had been found to have given the appearance of bias against him. ‘The Court recalls that it is well established that the principle underlying the provision of just satisfaction for a breach of Article 6 is that the applicant should as far as possible be put in the position he would have enjoyed had the proceedings complied with the Convention’s requirements. The Court will award monetary compensation under Article 41 only where it is satisfied that the loss or damage complained of was actually caused by the violation it has found, since the State cannot be required to pay damages in respect of losses for which it is not responsible.’
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings
Wildhaber, Rozakis, Costa, Ress, Sir Nicolas Bratza, Ridruejo, Jorundsson, Bonello, Makarczyk, Turmen, Straznicka, Lorenzen, Fischbach, Casadevall, Tsatsa-Nikolovska, Levits, Kovler, Boer-Buquicchio
Times 04-Jun-2002, (2002) 35 EHRR 177, 35605/97, [2002] ECHR 464, [2002] ECHR 468, (2002) 35 EHRR 10
Worldlii, Bailii
European Convention on Human Rights 4.1
Human Rights
Citing:
See Also – Kingsley v The United Kingdom ECHR 7-Nov-2000
The judicial review procedure which restricted the matters which it considered so as to exclude consideration of the allegation by the applicant that the tribunal whose decision he challenged had not been impartial, was insufficient to support the . .
Cited by:
Cited – Davies v The United Kingdom ECHR 16-Jul-2002
The applicant had been subject to applications for his disqualification from acting as a company director. The Secretary of State waited until the last day before issuing proceedings, and the proceedings were then delayed another three years pending . .
Cited – Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Damages
Updated: 12 January 2022; Ref: scu.172163