Geraint Jones Q.C. has recently been involved in the first case to test whether the House of Lords decision in Arthur J S Hall & Co v Simons (2002) 1 AC 615 had/has retrospective effect. In Awoyomi v Radford & Postill Mr. Justice Lloyd-Jones decided, contrary to the common position taken by Leading Counsel on each side, that despite their agreement that the House of Lords decision had only prospective effect, it did in fact have retrospective effect. That is, it was declaratory of what the law has always been, as opposed to being a change in the law with the House of Lords acting in a quasi-legislative way. The case has now been referred to the European Court of Human Rights on the basis that the High Court decision totally denies the Claimant in that case from access to the Courts. The Court of Appeal, Lord Justice Lawrence Collins, refused leave to appeal. In his order dated 30th August 2007 he made no mention of the applicant's submissions regarding Convention rights. In the absence of a prospective reading of the rule in Hall v. Simons, no other domestic remedy was available to the applicant. Accordingly, the applicant has not been provided with an effective remedy and that is the issue to be argued before the ECHR.
The New Walk Chambers Blog page is only intended to provide an accessible forum for a general overview and discussion of the topics posted on it. It is not meant to be a substitute for taking legal advice in any particular situation and should not be so used. Neither New Walk Chambers nor the author(s) accept any responsibility for anything done or not done on the basis of the contents of the Blog page.