header-logo header-logo

The right to be heard

16 December 2016 / Peter Thompson KC
Issue: 7727 / Categories: Opinion , Legal services , Profession
printer mail-detail
nlj_7727_thompson

Peter Thompson QC contends that setting aside a default judgment should be a free service

The right to be heard. It is older than the Human Rights Act and older than the Convention. It goes back to the days when lawyers spoke Latin: audi alteram partem. It is one of the twin pillars of natural justice that are now incorporated in Art 6 of the Convention and in our black letter law: “In the determination of his civil rights…everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.”

So what about court fees? Should the right to a fair and public hearing mean that access to the courts and tribunals should be free at the point of use, like other public services? This is the case in the social security and child support tribunals; and the recent introduction of hefty fees for access to the employment tribunals as well as a major hike in court fees has been

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll