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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
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

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