Delays in civil cases
01 January 1991
Delays in civil cases
bacdoc September=1992
Cases v Italy (26 and 27.2.92)
Series A, Vol 228-A to 1, 229-A to 1, 230-A, 230-B to I and
231-A to H
There have been several cases alleging violations of the right
contained in article 6(1) to have civil rights determined
within a `reasonable time'. Many are apparently part of a
co-ordinated attack by lawyers on delays in proceedings.
Violations were found for cases where the delays ranged from 4
years 10 months to 18 years 2 months.
The delays are striking and the cases are unlikely to have any
importance for the majority of UK civil cases.
X v France (31.3.92) Series A, Vol 236; (I 992) March [Legal
Action 22]
European Court of Human Rights
Facts
X was a haemophiliac who became HIV positive as a result of a
blood transfusion. He sued the government for compensation,
but died before his claim was dealt with by the Administrative
Court of Appeal.
Decision
The court considered that delays amounting to 2 years were
unreasonable in the circumstances and that, where a litigant
has a reduced life expectancy, the court must act with
exceptional diligence to see that proceedings are speeded up.
Editions Periscope v France
(26.3.92) Series A, Vol 234-B
European Courts of Human Rights
Facts
The applicant company, publisher of a
periodical, applied for a certificate to secure tax
concessions and preferential postal charges accorded to the
press. The application was refused and the applicant took
proceedings in the Paris Administrative Court. While the case
was on appeal, the company had to cease publishing, and it
argued that this was because of faults committed by the public
authorities. Because of delays in resolving the matter, a case
was presented to the commission, alleging breach of article 6.
Decision
The court held that delay totalling 6 years was a breach of
article 6. Most interestingly, the court held that:
`at the centre of the dispute lay a right, the right to
compensation for a fault on the part of the authorities
capable of giving rise to the State's liability'.
This constituted a civil right for the purpose of article 6,
even though the original dispute concerned tax and postal
concessions, which would not usually constitute civil rights
in themselves.
EC Europe Law Civil liberties
Legal Action, John Wadham (legal officer Liberty)