Case status: Findings adopted on 17.06.2015 – Non-compliance found.
Follow-up: On-going; see Decision VII/8s, Decision VI/8k.
Topics: Definitions; Access to justice.
Articles alleged: 9 (3), 9 (4).
Articles considered by the Committee: 2 (3); 9 (3), 9 (4).
Articles, if any, found in non-compliance: 9 (4).
Summary: On 28 February 2013, a member of the public, Alyson Austin, submitted a communication to the Compliance Committee alleging that the United Kingdom failed to comply with its obligations under the Convention. Specifically, the communication alleged that the Party concerned failed to comply with article 9 (3) and (4), of the Convention by not ensuring that the costs of access to justice in private nuisance cases, including her own, are fair, equitable, timely and not prohibitively expensive.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Determination on admissibility | At CC-41 | 28.06.2013 |
| From the communicant | 28.02.2012 | |
| Letter to the Party concerned forwarding the communication | From the secretariat | 22.07.2013 |
| Letter to the communicant | From the secretariat | 22.07.2013 |
| Letter from the communicant to the Party concerned and annexure | From the communicant | 29.11.2013 |
| Response to the communication and annexure | From the Party concerned | 20.12.2013 |
| Letters to the communicant and to the Party concerned | From the secretariat | 27.02.2014 |
| Joint note | From the communicants ACCC/C/2013/85 and ACCC/C/2013/86 | 14.03.2014 |
| Letter | From observer (Okoburo) | 19.03.2014 |
|
Oral submissions at CC44 regarding:
|
From the Party concerned | 26.03.2014 |
| Oral submissions at CC44 | From the communicants ACCC/C/2013/85 and ACCC/C/2013/86 | 26.03.2014 |
| Letter | From the Party concerned | 05.09.2014 |
|
Letter enclosing: |
From the communicants ACCC/C/2013/85 and ACCC/C/2013/86 | 05.09.2014 |
| Letter enclosing: Letter from respondent in Keogh v Secretary of State Letter from claimant in Keogh v Secretary of State |
From the communicants ACCC/C/2013/85 and ACCC/C/2013/86 | 15.09.2014 |
| Letters to Party concerned and communicant enclosing Committee's draft findings for comment | From the secretariat | 23.02.2015 |
| Comments on draft findings Annex: Supreme Court order of 24.02.2015 |
From the communicant of communication ACCC/C/2013/86 | 09.03.2015 |
| Comments on draft findings | From the Party concerned | 23.03.2015 |
| Letters to the Party concerned and the communicants enclosed revised draft findings for comment | From the secretariat | 14.04.2015 |
| Comments on revised draft findings | From the communicant of communication ACCC/C/2013/86 | 05.05.2015 |
| Comments on revised draft findings | From the Party concerned | 05.05.2015 |
| Letter enclosing Committee's findings (advance edited version) | From the secretariat | 01.12.2016 |
| Findings (official version ENG FRE RUS) |