The clerk of a district court was not a member of that court and did not act in any judicial capacity or perform any judicial role, hence that court was an independent and impartial tribunal for the purposes of Art.6(1) European Convention on Human Rights. Private communications between the clerk and the members of the court did not deprive a defendant of a fair hearing in public.

HCJ (Lord Milligan, Lord Allanbridge, Lord Cameron of Lochbroom)

18/08/2000