European Court Of Human Rights: Legal Costs

Ministry of Justice written question – answered on 28th February 2018.

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Photo of Paul Sweeney Paul Sweeney Shadow Minister (Scotland)

To ask the Secretary of State for Justice, whether there is provision for covering the costs of raising a claim at the European Court of Human Rights from the public purse for a person who is a British subject living on a nil income and not in receipt of benefits.

Photo of Phillip Lee Phillip Lee The Parliamentary Under-Secretary of State for Justice

There is no fee for applying to the ECtHR. In England and Wales, legal aid is not available for proceedings before the ECtHR. Legal help may be used to advise a client of their position under England and Wales law and of the options available but may not be used to make an application to ECtHR or for legal aid from that court.

The European Court of Human Rights (ECtHR) administers its own legal aid scheme which may be granted where the Court is satisfied that it is necessary for the proper conduct of the case before the Court; and the applicant has insufficient means to meet all or part of the costs, as set out in rules 100-105 of the Court’s Rules.

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