Source: All England Reporter
Publisher Citation: [2002] All ER (D) 240 (Jul)
Court: European Court of Human Rights
Judge:

Judges Pellonpaa (President), Bratza, Pastor Ridruejo, Palm, Fischbach, Casadevall and Pavlovschi, and Mr M O'Boyle (Section Registrar)

Judgment Dates: 16 July 2002

Catchwords

Human rights - Fair trial - Civil right - Length of proceedings - Action to disqualify applicant as director - Secretary of State failing to file evidence at outset of proceedings - Proceedings adjourned for criminal trial - Whether delays constituting breach of applicant's right to fair trial - Whether applicant entitled to just satisfaction for pecuniary and non-pecuniary loss - European Convention on Human Rights, arts 6(1), 41.

The Case

Proceedings under s6 of the which were delayed in part through the Secretary of State having issued proceedings without having completed his evidence, were held to have breached the applicant's right to a fair trial under art6(1) of the European Convention on Human Rights.

Practice Areas

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