Law Weblog

Steel and Morris v The UK [2005] ECHR

Wednesday 16 February 2005 at 11:50 am | In News | Post Comment

[Provision of legal services – government funding – funding civil cases – cases for which funding not available – pro bono]
DD libeled McDonald’s in 1997 by handing out leaflets attacking the company’s working practices and policies. They were ordered to pay damages of £40,000, which McDonalds has not enforced, nor have they claimed costs. The libel trial last 314 days, it was the longest trial in English legal history (McLibel Case). State funding is not available for defamation (libel or slander) proceedings. They received some help from barristers and solicitors acting pro bono: their initial pleadings were drafted by lawyers.

Held: DD should have received legal aid. By not granting legal aid the UK Government denied the pair the rights to a fair hearing and freedom of expression, Article 6 and Article 10 of the European Convention on Human Rights.

C won. Cost and expenses paid by way of just satisfaction.
Chambers judgment here

Comment: It is unlikely that significant changes will follow this ruling; it was made on the particular facts of a large multinational company suing two impoverished claimants. This has been described as a David and Goliath struggle. Such a view may not take into account the painstaking efforts of the trial judge – Mr Justice Bell – to assist the defendants, which is one of the reasons the case took so long. The question whether the provision of legal aid is necessary for a fair hearing has to be determined on the basis of the particular facts and circumstances of each case and depends on such things as the importance of what was at stake for the applicant in the proceedings, the complexity of the relevant law and procedure and the applicant’s capacity to represent him or herself effectively.