PROCEDURE

The case originated in two applications (nos. 43185/98 and 43186/98) against the United Kingdom of Great Britain and Northern Ireland lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two United Kingdom nationals, John Harding Price (introduced on 4 May 1998) and Mary Hazel Lowe (introduced on 12 August 1998).

The United Kingdom Government (“the Government”) were represented by their Agent, Mr C.A. Whomersley of the Foreign and Commonwealth Office.

The applicants alleged that the proceedings in which they were sued in respect of property in Florida were not dealt with within a reasonable time.

The applications were transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

The applications were allocated to the Third Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Second Section (Rule 52 § 1).

By a decision of 3 September 2002 the Court declared the applications partly admissible, having in the meantime joined them on 28 November 2000.

The applicant and the Government each filed observations on the merits (Rule 59 § 1).

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicants were born in 1929 and 1923 respectively. The applicant in application no. 43185/98 (“Dr Price”) is a consultant psychiatrist; the applicant in application no. 43186/98 (“Mrs Lowe”) is a medical secretary. They live in Lincoln.

The applicants, together with Dr Price’s wife, were sued by “K”, a former patient of Dr Price, in respect of property in Florida. The writ was issued on 12 February 1986. Before the action came to trial, the plaintiff was adjudicated bankrupt on 9 August 1989 and the trustee in bankruptcy continued the action.

The trial was set down to commence in the High Court in August 1994 but was postponed until the end of September 1994 because the judge was not available for the length of time needed for the hearing.

On the fourth day of trial, while K was being cross-examined, an adjournment was granted because K claimed to feel unwell. In the event, it emerged that no medical justification could be given for his continued non-attendance, but nonetheless he remained absent for the rest of the trial. Because of the delay caused by K’s non-attendance, the trial could not be concluded in September 1994 and had to be adjourned until January 1995. Judgment was given on 27 April 1995.

The judge accepted the argument of the applicants and Mrs Price that it was necessary to disregard K’s evidence because of his failure to remain for cross-examination. However, on the basis of the documentary evidence and that adduced by the applicants and Mrs Price, the judge found that the transfer of the Florida property should be set aside on the ground that the defendants had not been able to rebut the presumption of undue influence created by the discrepancy in the price they paid K for the property and its value at the time of the transfer, together with the doctor-patient relationship between Dr Price and K.

The formal record of the judge’s order was not prepared by the parties until 26 October 1995. The applicants and Mrs Price applied to the Court of Appeal for leave to appeal on 1 November 1995. The appeal bundles were lodged on 4 October 1996. On 15 January 1997 the appeal was listed for hearing, and it was heard on 16 and 17 April 1997, on which last date the Court of Appeal gave judgment dismissing the appeal.

In connection with the moneys paid by Dr Price for the property, the Court of Appeal confirmed the decision of the trial judge that the sum should be repaid, but that no interest should be paid on it. The trial judge had based his decision on the fact that Dr Price “had had possession of the properties and receipt of the rents since the completion of the sale, subject only to the agreement to allow [K] to use number 212 in the early months”. Lord Justice Nourse regarded this as a “rough and ready result”, but one which would “reduce the opportunities for further dispute between the parties”.

On 19 April 1997 the applicants and Mrs Price were refused leave by the Court of Appeal to appeal to the House of Lords. On 30 March 1998 the applicants and Mrs Price were refused leave to appeal by the House of Lords.