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18 October 2007
Issue: 7293 / Categories: Case law , Law digest
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Civil Litigation

Bhandari v UK (App No 42341/04) [2007] All ER (D) 18 (Oct)

This case concerned the right, under Art 6 of the European Convention on Human Rights (the Convention), to have a hearing within a reasonable time.

HELD When determining the period to be taken into account in civil proceedings, the “reasonable time” begins when the action is instituted and extends to the decision which disposes of the dispute. Where there are separate sets of proceedings, those proceedings may only be considered in toto where they are inseparable and concern essentially the same dispute.

The reasonableness of the length of proceedings has to be assessed in the light of the complexity of the case, the conduct of the applicant and the relevant authorities, and what is at stake for the applicant in the dispute. Moreover, the state is responsible for the efficiency of its system; if a state allows proceedings to continue beyond the “reasonable time’ prescribed by Art 6(1) without doing anything to advance them, it will be responsible for the resultant delay.

Issue: 7293 / Categories: Case law , Law digest
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MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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