The constitutional right of access to the courts was properly to be understood as a duty owed by the state not to place obstacles in the way of access to justice, and did not entail a positive duty to seek out and notify individuals with potential claims against the state; nor was there anything in the Strasbourg jurisprudence on articles 3, 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to justify the imposition of such a duty.
WLR Daily, 6th February 2013
Source: www.iclr.co.uk
