Your Rights in the Civil Courts
Article 6 applies to civil disputes as much as to criminal trials — housing, debt, contract and family cases are all 'determinations of civil rights and obligations'. The Civil Procedure Rules turn that guarantee into practice, court and tribunal fees can be reduced or waived if you have low income or savings, and courts must make reasonable adjustments so disabled people can take part fully.
Last updated: 2026-07-30
Your Rights
A Fair Hearing in Civil Cases
Article 6 is not limited to criminal trials: in the determination of your civil rights and obligations you are entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law — and courts, as public authorities, must act compatibly with that right.
Real and Effective Access to a Court
The fair hearing guarantee includes being able to get before a court at all. People must have real and effective access to a court, which may also require access to legal aid.
An Equal Footing and Full Participation
The overriding objective of the Civil Procedure Rules is to enable the court to deal with cases justly and at proportionate cost — which expressly includes ensuring that the parties are on an equal footing and can participate fully in proceedings, and that parties and witnesses can give their best evidence.
A Public Hearing — Open Justice
The general rule is that a civil hearing is to be in public. A hearing may not be held in private, irrespective of the parties' consent, unless the court decides it must be — and only to the extent necessary, on the limited grounds in the rules, to secure the proper administration of justice.
Help With Court and Tribunal Fees
If you have limited savings, receive certain benefits or are on a low income, you can have a court or tribunal fee reduced or waived under the Help with Fees scheme. If you have already paid, you can apply for the money back within 3 months if you were eligible when you paid.
Reasonable Adjustments If You Are Disabled
Where a provision, criterion or practice — or the lack of an auxiliary aid — puts a disabled person at a substantial disadvantage, reasonable steps must be taken to avoid that disadvantage. HMCTS applies this duty by, for example, providing information in alternative formats or helping someone complete a form.
A Reasoned Judgment and Equality of Arms
A court or tribunal must give reasons for its judgment, and there must be 'equality of arms' on both sides — a fair balance between the opportunities given to both parties.
Common Myths
If you can't afford the court fee, you can't bring a claim.
The Help with Fees scheme reduces or waives fees based on your savings, benefits and income — and fees already paid in the last 3 months can be refunded if you were eligible at the time.
Civil hearings happen behind closed doors.
Under CPR 39.2 the general rule is that hearings are in public; a hearing may only be held in private where the court is satisfied it is necessary to secure the proper administration of justice — the parties cannot simply agree to privacy.
Human rights only protect defendants in criminal cases.
Article 6(1) expressly covers 'the determination of his civil rights and obligations' — so fair hearing rights apply to civil claims, not just criminal charges.
Courts don't have to make allowances for disability or vulnerability.
The Equality Act 2010 s.20 duty to make reasonable adjustments applies, HMCTS provides adjustments such as accessible formats and help with forms, and the CPR's overriding objective requires that parties can participate fully and give their best evidence.
What To Do
Apply for Help With Fees Before Paying
Check the eligibility rules on savings, benefits and income, and apply under the Help with Fees scheme when you issue your claim or application — or reclaim a fee paid in the last 3 months if you were eligible.
Ask for Reasonable Adjustments in Advance
Tell the court or tribunal what you need — accessible formats, help completing forms, or other adjustments — so arrangements are in place before your hearing.
Line Up Support If You Are Unrepresented
Check the GOV.UK legal aid checker, contact Support Through Court for practical help, and consider a McKenzie friend for reasonable assistance at hearings.
Expect Open Justice
If the other side asks for a private hearing, remember the general rule is public: the court must be satisfied that privacy is necessary for the proper administration of justice.
If the Process Was Unfair, Use Appeals and the HRA
Courts must act compatibly with Article 6. Ask for reasons for the judgment, and take advice promptly about appealing a decision reached through an unfair procedure.
Key Legislation
- Human Rights Act 1998 (Article 6)
- Civil Procedure Rules 1998
- Equality Act 2010
Useful Contacts
Support Through Court
Charity offering practical and emotional support to people facing civil court without a lawyer.
WebsiteCitizens Advice
Free, confidential advice on civil claims, fees and court procedure.
Tel: 0800 144 8848
WebsiteHelp with Fees (GOV.UK)
Apply online or by paper form for a court or tribunal fee reduction or waiver.
WebsiteAdvocate
The Bar's pro bono charity — free help from volunteer barristers for those who cannot afford one.
Website