LIST OF CASES / Fogarty v The United Kingdom ECHR 2001

Application No 37112/97 (ECHR) on 21st November 2001,

NOTES

Fogarty v The United Kingdom (App No 37112/97) (ECtHR) [2002] IRLR 148 and at (2001) 34 EHRR 302.

The full text judgment is available free of charge on the BAILII web-site.

Representation:-

Ms J. Foakes with Mr D. Lloyd Jones QC and Mr D. Anderson QC for the UK Government

Mr B. Emmerson QC and Mr J. Welch solicitor, for the applicant (Liberty and Mr Fogarty).

Authority for the proposition that:-

the immunity from suit granted to foreign states (in this case the USA) by the State Immunity Act 1978 is not contrary to the European Convention of Human Rights in so far as it concerns claims about staff recruitment and to that extent does not exceed the "margin of appreciation" allowed to States in limiting an individual’s access to the courts.

For relevant general notes see Diplomatic immunity and similar/diplomatic immunity and/or Human Rights/fair trial .

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prepared Dec2001.