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Jeremy Johnson and Lucinda Boon appeared for the United Kingdom in front of the European Court of Human Rights in Strasbourg in the leading case of Seal v UK (Application no. 50330/07).
This case concerned whether or not a statutory provision in the Mental Health Act 1983 to strike out a claim, where the claimant had not acquired leave from the High Court as prescribed by the 1983 Act, infringed the claimant’s Article 6 ECHR (right to a fair hearing).
The legal principle set out by the European Court of Human Rights is that it is not contrary to Article 6 ECHR for there to be a requirement that a prospective claimant acquire leave to bring his claim where there is a legitimate reason for there to be such a requirement.
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Jeremy and Lucinda are both Junior Counsel to the Crown (A and C Panel respectively) and have extensive experience in police, public and human rights law.