To a certain extent the decision in Osman has been nullified by Z v UK [2001] 2 FLR 612 (a case concerning the liability on a local authority in failing to prevent the neglect of four children by their parents). In Z the ECHR admitted they misunderstood English tort law and, in particular, the difference between a substantive legal right and a procedural legal right. They agreed that there was no procedural bar preventing a litigant having a fair trial. Osman’s case was struck out because the Court of Appeal felt it would not be fair, just and reasonable to impose a duty (a substantive law issue).