Unlocking Justice: Access to Court and Litigation Costs Under the European Convention on Human Rights

Litigation costs are a standard human rights issue under the right to access to court under Article 6(1) of the European Convention on Human Rights. The purpose of this article is to demonstrate that the European Court of Human Rights has established standards for the assessment of litigation costs for civil rights claims. These standards are applicable to and triggered by excessive fees and stamp duties, inflexible and formalistic assessment of the plausibility of claims, costs related to claims for non-pecuniary damage, excessive state representation fees, and disregard for the vulnerability of litigants. These factors act as benchmarks and red flags, prompting human rights scrutiny in the assessment, allocation, and justification of litigation costs in civil rights cases. The article also outlines remedies provided by the Court for litigation cost issues.