2
JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
application (no. 8793/79) against the United Kingdom of Great Britain and
Northern Ireland, lodged with the Commission in 1979 by four British
citizens, namely John Nigel Courtenay James, Gerald Cavendish the Sixth
Duke of Westminster, Patrick Geoffrey Corbett and Sir Richard Baker
Wilbraham.
2. The Commission’s request referred to Articles 44 and 48 (art. 44, art.
48) and to the declaration whereby the United Kingdom recognised the
compulsory jurisdiction of the Court. The object of the request was to obtain
a decision by the Court as to whether the facts of the case disclosed a breach
by the respondent State of its obligations under Article 1 of Protocol No. 1
(P1-1) to the Convention, taken alone or in conjunction with Article 14 (art.
14+P1-1) of the Convention, and under Article 13 (art. 13) of the
Convention.
3. In response to the inquiry made in accordance with Rule 33 para. 3 (d)
of the Rules of Court, the applicants stated that they wished to take part in
the proceedings pending before the Court and designated the lawyers who
would represent them (Rule 30).
4. The Chamber of seven judges to be constituted included, as ex officio
members, Sir Vincent Evans, the elected judge of British nationality (Article
43 of the Convention) (art. 43), and Mr. G. Wiarda, the then President of the
Court (Rule 21 para. 3 (b) of the Rules of Court). On 2 August 1984, the
President drew by lot, in the presence of the Registrar, the names of the five
other members, namely Mr. W. Ganshof van der Meersch, Mrs. D.
Bindschedler-Robert, Mr. G. Lagergren, Mr. R. Bernhardt and Mr. J.
Gersing (Article 43 in fine of the Convention and Rule 21 para. 4) (art. 43).
5. Mr. Wiarda assumed the office of President of the Chamber (Rule 21
para. 5). He ascertained, through the Registrar, the views of the Agent of the
United Kingdom Government ("the Government"), the Delegate of the
Commission and the lawyers for the applicants regarding the need for a
written procedure (Rule 37 para. 1). Thereafter, in accordance with the
Orders and directions of the President of the Chamber, the following
documents were lodged at the registry:
- on 14 December 1984, the memorial of the applicants, together with
certain other documents referred to therein;
- on 22 December 1984, the memorial of the Government.
By letter received on 19 April 1985, the Secretary to the Commission
informed the Registrar that the Delegate did not wish to reply in writing to
these memorials.
6. After consulting, through the Registrar, the Agent of the Government,
the Commission’s Delegate and applicants’ representatives, the President of
the Chamber directed on 22 April 1985 that the oral proceedings should
open on 23 September 1985 (Rule 38).
7. On 26 June 1985, the Chamber decided to relinquish jurisdiction
forthwith in favour of the plenary Court (Rule 50).