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Civil Litigation

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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