Cases

Brady v United Kingdom

Held

(1) The United Kingdom authorities were not involved in the publications. Even if State responsibility was engaged, the nature and gravity of the allegations was not such as to amount to inhuman or degrading treatment. (2) There was a potential problem of access to court for persons, such as the applicant, who were required to use the services of a solicitor to bring proceedings for which legal aid was unavailable. However, the Opinion which had been obtained indicated that the applicant had no reasonable prospect of success and that the costs of the proceedings would be disproportionate to any award of damages that might be made. In such circumstances the unavailability of legal aid did not constitute a denial of access to court. (3) The fact that the applicant could not succeed in establishing a cause of action did not cast doubt on the effectiveness of those remedies in protecting private life. (4) The requirement for a mental patient to act by his next friend.

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