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The Convention and the Interim Order

Article 6 of the European Convention of Human Rights does not apply to proceedings relating to interim orders or other provisional measures adopted prior to the proceedings on the merits, as such measures cannot, as a general rule, be regarded as involving the determination of civil rights and obligations. See, for example, Dogmoch v Germany (Application No 26315/03) (unreported) 18 September 2006. There are exceptions to that general rule. Some interim measures have such a clear and decisive impact upon the exercise of a civil right that article 6(1) does apply: Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2012] EWCA Civ 641.

 

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