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Steel and Morris v. The United Kingdom

25 Civ. Just. Q. 5 (2006)

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Steel and Morris v. The United Kingdom

Legal Aid in the Court of Human Rights
25 Civ. Just. Q. 5 (2006)

Facts

[Editor’s Note: The casebook excerpt is based on a peer-reviewed journal article addressing the legal-aid provisions in this case.] Steel and Morris (plaintiffs) were defendants in a libel case brought by McDonald’s. The case involved the longest trial in English history and a large volume of material. Steel and Morris did not have sustained and competent legal assistance for the duration of the case. Steel and Morris brought an action in the European Court of Human Rights, alleging that the United Kingdom (defendant) violated Steel’s and Morris’s right to a fair trial under Article 6 of the European Convention on Human Rights (the convention) because the United Kingdom’s legal-aid provision did not extend to defamation cases. Steel and Morris also argued that the burden of proof, which required them to prove the truth of the defamatory statements on the balance of probabilities, violated their right to freedom of expression under Article 10 of the convention.

Rule of Law

Issue

Holding and Reasoning ()

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