The right of access to court1 must be practical and effective and not theoretical or illusory: the right to institute proceedings is just one component of a person's broader entitlement (which may require positive acts on the part of the state) to be afforded a clear, practical opportunity of challenging an act that is an interference with his rights2. In this context the following impediments to the vindication of civil rights have constituted a breach of the right of access:
(1) a rule which prevented a prisoner from consulting a solicitor in relation to a potential claim in defamation3;
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234