header-logo header-logo

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

The right to be heard

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

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
back-to-top-scroll