Unravelling Osman

$48.00 plus tax (Refund Policy)

Download / Buy Article:

Abstract:

The judgment of the European Court of Human Rights in Osman v United Kingdom, decided in October 1998, has proved very controversial. Its implications for the UK law of negligence appear to be immense. Not the least of the complexities associated with the decision is the widespread perception that the reasoning of the Court is extremely difficult to understand, indeed, that it is at times contradictory. This article subjects the Osman judgment to close analysis. It explains the Court’s approach to Article 6(1) by reference to the way in which the Strasbourg court has over many years developed its case law on this provision. The article includes an overview of the way in which, so far, the decision has been deployed in UK law. The author suggests that, whatever about the actual result of the case, the reasoning of the European Court in Osman is deeply flawed, and that the UK judiciary should be mindful of this fact when considering its deployment in domestic law.

Keywords: European Convention on Human Rights article 6; Fair hearing; Osman; arguable case; determination

Document Type: Original Article

DOI: http://dx.doi.org/10.1111/1468-2230.00315

Affiliations: King’s College London

Publication date: March 1, 2001

Related content

Tools

Favourites

Share Content

Access Key

Free Content
Free content
New Content
New content
Open Access Content
Open access content
Subscribed Content
Subscribed content
Free Trial Content
Free trial content
Cookie Policy
X
Cookie Policy
ingentaconnect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more