Article 6 of ECHR—right of a party to be present at a trial (RP Explorer v Malhotra)

Article summary

Dispute Resolution analysis: This is a useful decision by a UK court on the right of a party to be present at the trial of the action where the party has not initially engaged with the proceedings, and the application of Article 6 of the European Convention on Human Rights (ECHR). The court adjourned the trial, holding that Mr Malhotra’s presence was necessary for the fair disposal of the action and he had not waived his right to be present at the trial, giving particular consideration as to whether a defendant’s ‘personal presence’ was required for a fair trial to take place, pursuant to Article 6 of ECHR. The court reviewed the authorities and determined that, notwithstanding his long-standing failure to engage with the proceedings, Mr Malhotra had not waived his right to be present at the trial. Written by David Fisher, barrister, at New Square Chambers.