Civil Litigation

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.