Information Note on the Court’s case-law 12

November 1999

Faulkner v. the United Kingdom - 30308/96

Judgment 30.11.1999 [Section III]

Article 6

Civil proceedings

Article 6-1

Access to court

Unavailability of legal aid for civil proceedings in Guernsey: friendly settlement

The case concerned the applicant's complaint that he could not institute civil proceedings against the Guernsey authorities for false imprisonment, assault and battery due to the fact that no legal aid was available for such proceedings. The parties reached a friendly settlement on the following basis: The Government undertook that a Policy Letter to establish a civil legal aid system i n Guernsey will be introduced by the Advisory and Finance Committee of the States of Guernsey into the States. The Advisory and Finance Committee has confirmed that it intends to submit such a Policy Letter to the States to authorise the drafting of the ne cessary legislation and thereafter the introduction of a civil legal aid scheme which will enable Guernsey to comply with the provisions of the Convention. To this end the Advisory and Finance Committee has already sought legal advice from the Law Officers of the Crown in Guernsey and has invited the Guernsey Bar Council to make submissions to the Committee as to the form which this scheme should take. The reply of the Bar Council is awaited. Detailed discussions will then take place to establish the princi ples of a scheme which the Committee can recommend to the States of Guernsey. The Committee intends that the approach to the States of Deliberation will be made in 2000 and that the scheme will come into force in the same year. Furthermore, the Government will pay the applicant compensation of £6,000 as well as his reasonable legal costs (of £14,235.77) incurred in bringing his application.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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