King's / Queen's Bench Division of the High Court

KB-2024-002095 - [2025] EWHC 1925 (KB)

Fecha: 25-Jul-2025

Article 6 of the European Convention on Human Rights (ECHR)

Article 6 of the European Convention on Human Rights (ECHR)

The Claimant addresses Art 6 ECHR at paras 61-65 of the APOC and paras 46-50 of the Reply. Article 6 of the ECHR provides:

Right to a fair trial

In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

Everyone charged with a criminal offence has the following minimum rights:

(a)

to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;

(b)

to have adequate time and facilities for the preparation of his defence;

(c)

to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

(d)

to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(e)

to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

12.

As the Claimant was never charged with a criminal offence so that his Art. 6 rights were never engaged. This claim falls to be struck out under CPR3.4(2) (a).

Malicious Prosecution

13.

The Claimant addresses malicious prosecution is alleged at paragraph 104 of the APOC.

14.

In a malicious prosecution claim, the Claimant bears the burden of proving on balance of probabilities that:

He was prosecuted by the Defendant.

The prosecution terminated in the Claimant’s favour.

The Defendant lacked reasonable and probable cause to bring the prosecution.

The Defendant was motivated by malice.

15.

The Claimant has not pleaded that he was charged with or tried for an offence arising out of the arrest. That being so, the first ingredient of malicious prosecution is not made out, nor are any of the other requirements. This claim falls to be struck out under CPR3.4(2) (a).