The case A v United Kingdom [2002] All ER (D) 264 (Dec) was a complaint to the European Court of Human Rights (ECHR) by a woman who claimed that her right of access to court was violated by the absence of legal aid to challenge a defamatory statement made about her in Parliament¹. The statement was made by a Member of Parliament (MP) who accused her of being involved in a fraud scheme. The statement was protected by the absolute parliamentary privilege, which means that MPs cannot be sued for anything they say in Parliament.
The ECHR held that the right of access to court was not absolute, but may be subject to limitations, as long as they do not impair the very essence of the right¹. The court also recognized that the parliamentary privilege was within the margin of appreciation enjoyed by the United Kingdom, and that it served a legitimate aim of protecting the freedom of Parliament¹. The court noted that the applicant was not left entirely without remedy, as she could have sought limited legal advice or a conditional fee arrangement¹. Therefore, the court found no violation of Article 6 (1) of the European Convention on Human Rights, which guarantees the right to a fair trial.
The relevance of the case is that it illustrates the balance between the right of access to court and the parliamentary privilege, and the role of the ECHR in reviewing the limitations imposed by the national authorities on this right. The case also shows the importance of legal aid and alternative funding mechanisms for ensuring effective access to justice for individuals who cannot afford legal representation. The case is cited by other cases that deal with similar issues, such as defamation, human rights, and constitutional law²³.
(1) A v The United Kingdom: ECHR 17 Dec 2002 – swarb.co.uk. https://swarb.co.uk/a-v-the-united-kingdom-ECHR-17-Dec-2002/.
(2) PRINCIPLES AND PRACTICES – SSRN. https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID3789181_code2983901.pdf?abstractid=3789181&mirid=1.
(3) BAILII – BAILII OpenLaw – Immigration and Asylum. https://www.bailii.org/openlaw/immigration_and_asylum.html.
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