Right to Fair Trial

Arrow Nominees Inc and Another v Blackledge and Others (CHD TLR 8 December)

If a fair trial is still possible it is an improper exercise of the court’s powers and likely to be in breach of article 6.1 of the European Convention on Human Rights to strike out a claim on the grounds of the claimant’s contumacious breach of the rule or court order, even if the claimant’s conduct amounts to a fraud on the court.