Geraint Jones Q.C. has recently been involved in the first case to test whether the House of Lords decision in Arthur J S Hall & Co  v  Simons (2002) 1 AC 615 had/has retrospective effect. In Awoyomi v Radford & Postill  Mr. Justice Lloyd-Jones decided, contrary to the common position taken by Leading Counsel on each side, that despite their agreement that the House of Lords decision had only prospective effect, it did in fact have retrospective effect. That is, it was declaratory of what the law has always been, as opposed to being a change in the law with the House of Lords acting in a quasi-legislative way. The case has now been referred to the European Court of  Human Rights on the basis that the High Court decision totally denies the Claimant in that case from access to the Courts. The Court of Appeal,  Lord Justice Lawrence Collins, refused leave to appeal. In his order dated 30^th August 2007 he made no mention of the applicant's submissions regarding Convention rights. In the absence of a prospective reading of the rule in Hall v. Simons, no other domestic remedy was available to the applicant. Accordingly, the applicant has not been provided with an effective remedy and that is the issue to be argued before the ECHR.

Written by Geraint Jones, Barrister at New Walk Chambers, Specialising in Arbitration, Environmental Law, European Union Law, Public Law, Professional Negligence and Sports Law.