4.  The applicant was born in 1937 and lives in Kryvyy Rig. 5.  On 19 July 1994 the applicant, who worked in the system of public education at the material time, became permanently disabled following injury to his back and legs. The injury was recorded as a work accident and since February 1995 the applicant was receiving monthly disability allowances from the Ternivsky Department of Public Education (the “Department”; Тернівське районне відділення народної освіти). 6.  On 17 July 1997 the applicant instituted civil proceedings in the Zhovtnevy District Court of Kryvyy Rig (the “District Court”; Жовтневий районний суд м. Кривий Ріг) seeking a higher allowance. 7.  On 4 March 1998 the Department lodged a counter-claim seeking to establish that the applicant's trauma was not work-related. 8.  Between September 1997 and December 2001 the District Court scheduled some thirty hearings, with intervals ranging from two weeks to four months. On numerous occasions the hearings were adjourned on account of the parties' conduct (requests for adjournments or absences). According to the court records, five such adjournments were attributable to the applicant, twelve – to the Department, and eight – to both parties. Two hearings were adjourned in connection with court matters. 9.  On 7 December 2001 the District Court left the applicant's claim and the Department's counter-claim without consideration on account of the parties' repeated failure to appear. 10.  According to the applicant, he learned about this decision only in May 2002, from the District Court's response to his request for expedition of the proceedings. The applicant submitted to the Court a copy of this request dated 23 April 2002 and a copy of the District Court's response of 23 May 2002, in which the court was informing the applicant that his claims had been left without consideration on 7 December 2001. The applicant further noted that on 11 January 2002 the District Court had summoned him for a hearing for 4 February 2002. To this end he submitted a copy of a summons of 11 January 2002, which, insofar as relevant, reads as follows:
“The Zhovtnevy District Court of Kryvyy Rig summons you as a plaintiff for 10 p.m. on 4 February 2002 in connection with the case for compensation of damage...”
The applicant explained that he attended this hearing together with his witness Mr U., but it was adjourned on account of the Department's failure to appear. He presented a copy of Mr U.'s statement confirming he had appeared for the hearing of 4 February 2002. 11.  According to the Government, the applicant learned about the decision of 7 December 2001 no later than on 24 December 2001, when he visited the District Court and requested certain documents from his case-file. They further noted that by the summons of 11 January 2002 the District Court had intended to invite the applicant to collect the documents he had requested. To this end, the Government presented a statement signed by Judge K. of the District Court.