Please use this identifier to cite or link to this item: https://une.intersearch.com.au/unejspui/handle/1959.11/1897
Title: Never say never again
Contributor(s): Lunney, Mark (author)orcid 
Publication Date: 2001
Handle Link: https://hdl.handle.net/1959.11/1897
Abstract: After the European Commission of Human Rights pronounced in favour of the applicants - a number of the disappointed plaintiffs in the combined appeals heard in X v Bedfordshire County Council (hereinafter X) - the decision of the European Court of Human Rights (hereinafter ECHR) was awaited with much interest. Although the case raised interesting issues under Articles 3, 8, and 13, tort lawyers were anxious to discover whether the ECHR would apply the controversial Osman decision, as the Commission had done, to hold that the striking-out of the plaintiffs' claims in negligence and for breach of statutory duty in preliminary hearings amounted to a breach of Article 6 of the Convention. In the result the ECHR found that there had been no breach of Article 6, but the reasoning supporting this conclusion, and its relationship to Osman, remains far from clear.
Publication Type: Journal Article
Source of Publication: The King's College Law Journal, 12(2), p. 244-251
Publisher: Hart Publishing Ltd
Place of Publication: United Kingdom
ISSN: 0961-5768
Field of Research (FOR): 180126 Tort Law
HERDC Category Description: C5 Other Refereed Contribution to a Scholarly Journal
Other Links: http://nla.gov.au/anbd.bib-an7899080
http://www.hartjournals.co.uk/klj/
http://www.heinonline.org/HOL/Page?collection=journals&handle=hein.journals/kingsclj12&id=250
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Appears in Collections:Journal Article
School of Law

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