It provides: “In any other case, the court may set aside or vary a judgment entered under Part   12 if– (a) the defendant has a real prospect of successfully defending the claim; or (b) it appears

claimed inter alia that he had not been informed about the initiation of the revocation procedure; that he had hence been prevented from participating in the relevant administrative proceedings and from defending

Obligations Act provide, inter alia , that anyone who has suffered fear, physical pain or mental anguish as a   consequence of a breach of his “personal rights” ( prava ličnosti ) is entitled, depending

    The scope of the Contracting States’ obligations under Article 13 of the Convention varies depending on the nature of the applicant’s complaint; the “effectiveness” of a “remedy” within the

    The Court accepts that an issue of discrimination might arise in circumstances in which persons are treated differently depending on their place of residence, and ultimately, as the applicants

In connection with the first detention hearing the applicants also complained that the insufficient time that was given to them for the preparation had prevented them from defending their rights in an

    The Court has previously found that existence or non-existence of “family life” is essentially a question of fact depending upon the real existence in practice of close personal ties (see

of any criminal investigation, any relevant findings in the criminal proceedings would have influenced the outcome of the civil proceedings and the amount of compensation, which could be different depending

The margin afforded to national authorities will vary depending on the Convention right in issue and its importance for the individual in question (see Kay and Others , cited above, § 66).

property effected for no reason other than to confer a private benefit on a private party cannot be “in the public interest”, the compulsory transfer of property from one individual to another may, depending

The photographs show a toilet facility with no door, a washstand, beds (from four to eight depending on the cell), and laundry hanging on ropes. 25 .

It notes that criminal proceedings not culminating in a criminal conviction may, depending on the circumstances, amount to an interference with those rights (see Döner and Others v.

read as follows: Article 1 “Actions and claims lodged with the courts ... shall be subject to stamp duty ... the calculation of which, except in the circumstances provided for by law, may differ, depending

applicant had sought to be reinstated, Mr A.H. had been on sick leave, and that the applicant had not specified the exact time and place of commission of the alleged offence, thus preventing Mr A.H. from defending

At that moment the applicant began defending himself and hit M.H. with a glass water bottle that he had just bought from the market.

The applicant also complains that being refused access to a lawyer immediately after his arrest and the lack of access to his case file prevented him from defending his rights in an adequate manner during

However, the right to adversarial proceedings is not absolute and its scope may vary depending on the specific features of the case in question. -     The concrete effect of the observations

The case concerns the difference in treatment as regards early release of prisoners depending on the length of the sentence originally imposed.

ineffectiveness of the investigation will generally be more readily apparent; the requirement of expedition may require an applicant to bring such a case to Strasbourg within a matter of months or at most, depending