Thoburn V Sunderland City Council - Appeals

Appeals

The decision was appealed to the House of Lords, a certificate having been granted by the Divisional Court that the case raised an issue of general application and public importance, but leave to appeal was refused by the House of Lords after an oral hearing on grounds that they did not consider that the appeal would "give rise to points capable of reasonable argument".

After the House of Lords rejected the appeal application, the group appealed to the European Court of Human Rights on grounds that the judgment in the House of Lords was a breach of Article 6 of the European Convention on Human Rights (fair trial). On 12 February 2004, a committee of three ECHR judges unanimously ruled that the application was inadmissible. The reason for their ruling was:

In the light of all the material in its possession, and in so far as the matters complained of were within its competence, the Court found that they did not disclose any appearance of a violation of the rights and freedoms set out in the convention or its protocols.

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