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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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