In QX v SSHD ( 2024 ) UKSC 26 a seven Justice Supreme Court emphasizes both Article 6 of the European Convention of Human Rights and the common law right to a fair trial. As regards the latter, at paragraph 53, the Court states that the “fundamental importance “ of the domestic right should not be disregarded. The object of ALL LEGAL PROCEEDINGS is to do justice according to law. Doing justice involves not only arriving at a just result but arriving at it in a JUST MANNER. The essential ingredients of a fair trial can vary according to the subject matter and the nature of the proceedings, but the right to a fair trial is fundamental under domestic law and does NOT depend on the categorisation of the rights or interests at stake in the proceedings as “ civil rights or obligations “ within the meaning of Article 6(1) of the ECHR.
As regards Article 6, the Court said, at paras 60-62 inclusive, that it “ GUARANTEES the RIGHT OF ACCESS TO JUSTICE, with the necessary SAFEGUARDS to ensure the FAIRNESS OF THE HEARING . It is a KEY HUMAN RIGHT, not only because access to justice is a pillar of the rule of law, but also because it is the means by which a wide range of other human rights are made enforceable. In a democratic society the right to a fair administration of justice holds such a prominent place that a restrictive interpretation of Article 6(1) would not correspond to the aim and purpose of that provision. In principle, the rule of law implies, among other things, that the interference by the executive authorities with an individual’s rights should be subject to an EFFECTIVE CONTROL which should normally be ASSURED BY THE JUDICIARY, at least in the last resort, judicial control offering the best guarantees of INDEPENDENCE, IMPARTIALITY and a PROPER PROCEDURE.
In deciding whether proceedings involve the DETERMINATION of CIVIL RIGHTS or OBLIGATIONS three conditions must be satisfied : (1) there must be a legal dispute; (2) a civil right or obligation must be in issue; and (3) the outcome of the dispute must be DIRECTLY DECISIVE for the right or obligation concerned.