ROBINS v. THE UNITED KINGDOMDISSENTING OPINION OF MR. E. BUSUTTIL
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Document date: July 4, 1996
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DISSENTING OPINION OF MR. E. BUSUTTIL
Unlike the majority I am of the opinion that cost proceedings
come fairly and squarely within the ambit of Article 6 para. 1, since
they are necessarily linked to the determination of the civil rights
and obligations which constitute the subject-matter of a substantive
dispute between the parties.
Article 6 requires, in my view, that all stages of a dispute
relating to civil rights and obligations, including the matter of
costs, should be definitively resolved within a reasonable time. This
becomes a matter of crucial importance in the United Kingdom where
legal costs are notoriously high. Indeed, the applicants in the present
case were finally condemned to pay a sum of £6,000 by way of costs (a
not inconsiderable sum when one has regard to the fact that the
applicants had initially been granted legal aid) after having lived
with their relentless burden on their minds for the inordinately long
period of four years for the cost proceedings alone.
In these circumstances, I find that there has been a violation
of Article 6 para. 1 in the instant case.
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