Mitchell and Holloway v The United Kingdom: ECHR 17 Dec 2002

The applicant had become involved in civil proceedings which extended over ten years. They complained of an infringement of their human rights through the delay.
Held: The court had to take account of the complexity of the matter. This had been complex in fact and law, and one party had been obstructive. Nevertheless, some four years had passed between the action being ready for trial, and a date being made available by the respondent. That delay could not be excused by saying the party might have taken alternative steps. The failure to provide resources had denied the applicant’s right to a hearing within a reasonable time.

Citations:

Times 28-Dec-2002, 44808/98, [2002] ECHR 812, [2002] ECHR 818

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6.1

Human Rights, Litigation Practice

Updated: 06 June 2022; Ref: scu.178597