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Kingsley v United Kingdom, ECtHR / ECHR Judgment 2000 [2002] 35 EHRR 10

Country:
United Kingdom
  • The Gaming Board had refused Plaintiff’s licence application and he applied for judicial review to the court that the board was biased.

  • The court agreed but said that the decision couldn’t be overturned since the board was the only tribunal/court with the jurisdiction to make a decision and hence judicial review couldn’t operate (CA said the same thing).

  • ECtHR said that this breached Plaintiff’s right to a fair trial by an independent and impartial tribunal, and the “full jurisdiction” mentioned as being necessary for the courts in Article 6 ECHR was not present where the courts were unable to quash decisions and remit them to impartial tribunals. 

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