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ECHR Article 6 appeals when LiP against Counsel?

  • s59
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11 Jan 16 #472079 by s59
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Hi All,

Is there any experience here of successfully appealing family court proceedings (financial and children) using Article 6 of the European Court of Human Rights, i.e. right to a fair trial?

I am approaching a four day hearing without qualifying for legal aid or being able to afford representation myself, whilst my ex is always represented and has even used QCs for some hearings. The prospect of four days in court fills me with dread, especially as I have a hostile judge who will inevitably lean as heavily towards my ex as he thinks he can get away with. Sadly, my best prospect of justice is that he will leave himself open to appeal. Has anyone managed to appeal successfully in this way, using the ECHR?

Thanks All!

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18 Feb 16 #474383 by yougotmail
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I was hoping someone would answer your question as I would also like to see what they have to say about this.

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28 Apr 16 #477513 by s59
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Not so much a bump as just to say - I''ve looked into this and the odds are pretty slim unless you don''t speak English or there''s some other serious crime involved that justifies legal aid funding. Would still be interested if there is any experience out there?

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28 Apr 16 #477523 by clops
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Exactly this ground of appeal was rejected in Bidaki v Najafabadi (LiP vs Counsel).
I believe this forms now a precedent.

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28 Apr 16 #477525 by s59
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Thanks Clops. I think the message is that there has to be another significant factor, i.e. inequality of arms is now fine as far as English justice is concerned.

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