Perotti v Collyer-Bristow (a firm) & Ors

Perotti v Collyer-Bristow (a firm) & Ors

The Court of Appeal has no power to order legal representation in civil proceedings, and the absence of legal representation in these applications does not deprive Mr Perotti of effective access to the court under Article 6(1) ECHR. The applications for legal representation are refused.

Parties
Claimant/applicant: Angelo Perotti; Defendants/respondents: Collyer-Bristow (A Firm) & Ors; Advocate to the Court: Miss S Moore
Jurisdiction
England and Wales
Judgment Date
06 October 2003
Procedural Posture
Civil Appeal / Application for Legal Representation and Directions Prior to Hearing Applications for Permission to Appeal
Outcome
Applications for legal representation refused; stay extended in one matter.
Legal Topics
Right to Legal Representation, Access to Justice, Legal Aid in Civil Proceedings, Article 6 ECHR, Permission to Appeal
Civil Procedure Human Rights Right to Legal Representation Access to Justice Legal Aid in Civil Proceedings Article 6 ECHR Permission to Appeal

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Parties

Angelo Perotti

Claimant/applicant

Collyer-Bristow (A Firm) & Ors

Defendants/respondents

Miss S Moore

Advocate to the Court

Procedural Posture

Civil Appeal / Application for Legal Representation and Directions Prior to Hearing Applications for Permission to Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has power to order legal representation for a litigant in civil proceedings
  2. 2 Whether lack of legal representation deprives the applicant of effective access to the court under Article 6(1) ECHR

Ratio Decidendi

The Court of Appeal has no power to order legal representation in civil proceedings, and the absence of legal representation in these applications does not deprive Mr Perotti of effective access to the court under Article 6(1) ECHR. The applications for legal representation are refused.

Court Disposition

Applications for legal representation refused; stay extended in one matter.

Orders

  • Applications made in the terms of paragraph 1 in section 10 of application 2003/0552 and all similar applications refused.
  • Stay accepted by way of undertaking from Barlow Lyde & Gilbert in 2003/1662 extended until after that matter has been determined or further order.