No Stay Pending ECtHR Application

Locabail (UK) Ltd and another v Waldorf Investment Corporation and others (No 4) (Ch D TLR 13 June)

Mrs Emmanuel had failed in her attempt to recuse the judge who had made a possession order against her (19/LL p1). Her application for a stay of proceedings pending an application to the European Court of Human Rights in Strasbourg was refused. The ECtHR is not a Court of Appeal and a stay of proceedings pending an application to it would only be granted where the remedy sought against the defendant state in that court would, if granted, lead to an alteration in the law directly affecting the rights of a party bearing upon the subject matter of that litigation. Even if Mrs Emmanuel were to succeed in her application, her remedy would be damages from the UK Government to compensate her for the inability of the UK to obtain for her a retrial of her claim to an equitable interest in the property in respect of which the possession order had been made.