MALONE v. THE UNITED KINGDOM JUGDMENT
3
President of the Court directed that the oral proceedings should open on 20
February 1984 (Rule 38).
8. By letter received on 6 October 1983, the Post Office Engineering
Union ("the POEU") requested leave under Rule 37 para. 2 to submit
written comments, indicating, inter alia, its "specific occupational interest"
in the case and five themes it would want to develop in written comments.
On 3 November, the President granted leave but on narrower terms than
those sought: he specified that the comments should bear solely on certain
of the matters referred to in the POEU’s list of proposed themes and then
only "in so far as such matters relate to the particular issues of alleged
violation of the Convention which are before the Court for decision in the
Malone case". He further directed that the comments should be filed not
later than 3 January 1984.
On 16 December 1983, this time-limit was extended by the President by
three weeks. The POEU’s comments were received at the registry on 26
January 1984.
9.
On 17 February 1984, the lawyers for the applicant filed the
applicant’s claims for just satisfaction under Article 50 (art. 50) of the
Convention. On the same day, the Government supplied two documents
whose production the Registrar had asked for on the instructions of the
President. By letter received on 19 February, the Government, with a view
to facilitating the hearings the following day, gave a clarification regarding
a certain matter in the case.
10. The hearings were held in public at the Human Rights Building,
Strasbourg, on 20 February. Immediately prior to their opening, the Court
had held a preparatory meeting.
There appeared before the Court:
- for the Government
Mr. M. EATON, Legal Counsellor,
Foreign and Commonwealth Office,
Agent,
Sir Michael HAVERS, Q.C., M.P., Attorney General,
Mr. N. BRATZA, Barrister-at-Law,
Counsel,
Mr. H. STEEL, Law Officers’ Department,
Mrs. S. EVANS, Legal Adviser, Home Office,
Advisers;
- for the Commission
Mr. C. NØRGAARD, President
of the Commission,
Delegate;
- for the applicant
Mr. C. ROSS-MUNRO, Q.C.,
Mr. D. SEROTA, Barrister-at-Law,
Counsel.
The Court heard addresses by Sir Michael Havers for the Government,
by Mr. Nørgaard for the Commission and by Mr. Ross-Munro for the
applicant, as well as their replies to its questions.