Looking for pointers on this question re. ECHR arts 6 and 13

BhoscaCapall

Obviously don't expect you to write out an answer (hint hint.. no I'm kidding) but looking for some pointers regarding this question:

- Plaintiff subjected to physical and sexual abuse in institutional care when a child.
- Limitation is 3years after turning 18
-When he is twenty-four years of age, plaintiff brings action against the institution
-He is advised that his action is statute-barred but claims that this fails to take account of repressed memory syndrome.
-Argues this is a denial of access to justice and of an effective remedy contrary to the ECHR.
-The member State responds by saying that an applicant cannot complain of a denial of access to justice or to an effective remedy where no substantive cause of action exists by operation of a limitation period.
-Advise the plaintiff, on the basis of decided cases, how he might ground his application on Article 6 and 13 of the ECHR. Does his case raise any issues under Article 3?

Many thanks

Tom Young

BhoscaCapall wrote: »

Obviously don't expect you to write out an answer (hint hint.. no I'm kidding) but looking for some pointers regarding this question:


Many thanks

I was going to write up a completely wrong answer, just for the pure devilment of it. Thought that mean though.

If you've time to write up a query like that, then you've time to read the manual or book. Posters interested in addressing you in reply here can so do by Private Message.