resolution DH (2000) 48

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 22 JULY 1999 IN THE CASE OF SCARTH AGAINST THE UNITED KINGDOM

(Adopted by the Committee of Ministers on 10 April 2000 at the 704th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Scarth case delivered on 22 July 1999 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 33745/96) against the United Kingdom, lodged with the European Commission of Human Rights on 2 February 1996 under Article 25 of the unamended Co n vention by Mr Norman Scarth , a British national, and that the Commission declared admissible the complaint that the applicant had not had a public hearing in certain proceedings for recovery of a debt brought against the applicant;

Recalling that the case was brought before the Court by the Commission on 4 December 1998;

Whereas in its judgment of 22 July 1999 the Court, unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage suffered by the applicant;

- held that the respondent State was to pay the applicant, within three months 705.82 pounds sterling in respect of costs and expenses and that simple interest at an annual rate of 7.5% would be payable on this sum from the expiry of the above-mentioned three months until settlement;

- dismissed  the remainder of the claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Art i cle 54 of the Convention which are, for the time being, applicable by analogy to cases under Article 46, paragraph 2, of the Convention as amended by Protocol No. 11;

Having invited the Government of the respondent State to inform it of the mea s ures which had been taken in consequence of the judgment of 22 July 1999, having regard to the United Kingdom’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment; this information appears in the appendix to this resolution;

Having satisfied itself that on 14 October 1999, within the time-limit set, the Government of the respondent State paid the a p plicant the sum provided for in the judgment of 22 July 1999,

Declares, after having taken note of the information supplied by the Government of the United Kingdom, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.

Appendix to Resolution DH (2000) 48

Information provided by the Government of the United Kingdom during the examination of the Scarth case

by the Committee of Ministers

The Government of the United Kingdom indicated that the legislation in force at the time of the events (Order 19, rule 3 (1), rule 7 (1), (3) and (4) and rule 8 (1) of the County Court Rules 1981) was no longer applicable. Under the Civil Procedure Rules, which came into force on 26 April 1999, hearings, including those in small claims cases, are to be held in public.

The government is of the opinion that there is therefore no risk of a repeat of the breach of the Convention found in the present case and that it has thus fulfilled its obligations under Article 46 of the Convention.