Published on 18 May 2026
SECOND SECTION
Application no. 7275/19
Salahuddin AMIN
against the United Kingdom
lodged on 25 January 2019
communicated on 29 April 2026
SUBJECT MATTER OF THE CASE
The application concerns the striking out of a civil claim on the basis that the applicant was seeking to reopen issues previously decided by the trial judge in the course of his criminal trial. Under domestic law, it is only in very special circumstances that a person is entitled to ask one court to decide questions which have already been decided by another court in proceedings to which he was a party; and fresh evidence could only overcome a plea of res judicata if it entirely changed the aspect of the case.
Invoking Article 6, the applicant argues that did not have a fair hearing since in his case the collateral attack on the trial judge’s ruling was not such as could justify the draconian step of striking out his claim. He further argues that the threshold for fresh evidence to overcome a plea of res judicata imposed a disproportionate burden on him.
QUESTIONS TO THE PARTIES
1. Have domestic remedies been exhausted within the meaning of Article 35 § 1 of the Convention (see, for example, Austin v. the United Kingdom (dec.), no. 39714/15, 12 September 2017)?
2. Has there been a violation of the applicant’s right to a fair hearing under Article 6 of the Convention (see, for example, Brumărescu v. Romania [GC], no. 28342/95, §§ 56-65)?