52. Possession proceedings and the Human Rights Act 1998.

Possession proceedings fall within the Convention right1 to a fair and public hearing within a reasonable time by an independent and impartial tribunal2. It has been held that the prescribed method of service of the claim form and particulars of claim3 does not contravene that right4. Although the fair trial guarantees of that right entitle a defendant to be heard, if he cannot show that his defence has a real prospect of success, or there is some other compelling reason why a trial should be conducted, there is no requirement that the procedural rules of a national court oblige the claimant in such a case to initiate further ancillary proceedings to strike out a defence or to enter summary judgment with all the concomitant expense and delay that would involve5. M