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), 9 (5).
Articles considered by the Committee: 2 (3); 9 (3), 9 (4).
Articles, if any, found in non-compliance: 9 (4).
Summary: On 18 September 2012 the Environmental Law Foundation submitted a communication to the Compliance Committee alleging that the United Kingdom of Great Britain and Northern Ireland failed to comply with its obligations under the Convention. Specifically, it alleged that section 46 of the Legal Aid, Sentencing and the Punishment of Offenders Act 2012, would result in prohibitively expensive costs in private nuisance proceedings and would increase financial and other barriers to access to justice in breach of article 9 (3), (4) and (5) of the Convention.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Datasheet ACCC/C/2013/85 | Latest datasheet on the status of the communication | 22.07.2013 |
| Determination on admissibility | At CC-41 | 28.06.2013 |
| Communication and cover letter | From the communicant | 18.09.2012 |
| Letter to the Party concerned forwarding the communication | From the secretariat | 22.07.2013 |
| Letter to the communicant | From the secretariat | 22.07.2013 |
| 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 in ACCC/C/2013/85 and ACCC/C/2013/86 | 14.03.2014 |
| Letter | From observer (Okoburo) | 19.03.2014 |
| Oral submissions at CC44 | From the Party concerned | 26.03.2014 |
| Oral submissions at CC44 | From the communicants in ACCC/C/2013/85 and ACCC/C/2013/86 | 26.03.2014 |
| Letter | From the Party concerned | 05.09.2014 |
| Letter enclosing: Joint reply by communicants Joint speaking note for discussion at CC45 Grounds of Appeal and application for fee remission Judgment in Coventry v Lawrence |
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) |