Court Proceedings (Delays) Act 2024
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PART 3 Right to Conclusion of Proceedings within Reasonable Time | ||
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Right to conclusion of proceedings within reasonable time | ||
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11. (1) A person who is or was a party to proceedings to which this section applies has the right to the conclusion of those proceedings within a reasonable time. | ||
(2) This section applies to proceedings that— | ||
(a) were— | ||
(i) concluded in the period of 6 months prior to the date of coming into operation of this subsection, or | ||
(ii) initiated before the date of coming into operation of this subsection that have not by that date been concluded, | ||
or | ||
(b) are initiated on or after the date of the coming into operation of this subsection. | ||
(3) A person whose right under subsection (1) has been breached shall be entitled, in accordance with this Act, to— | ||
(a) a declaration under section 17 (4)(a) or section 24 (6)(a)(i) that there has been a breach of that right, and | ||
(b) where section 17 (5)(b) or section 24 (6)(b)(ii) applies, the payment to him or her of compensation for that breach. | ||
(4) In determining for the purposes of this Act whether the right under subsection (1) of a person has been breached, due account shall be taken by the Assessor or the Circuit Court, as the case may be, of the following matters: | ||
(a) in relation to the proceedings concerned— | ||
(i) their complexity and duration, | ||
(ii) the duration of the delay in their conclusion asserted by the person, | ||
(iii) the issues at stake for each of the parties and the likely effect on the parties of a delay in the conclusion of the proceedings, and | ||
(iv) the conduct of— | ||
(I) the person, | ||
(II) the other party or parties to the proceedings, and | ||
(III) any other person under an obligation to perform a function in relation to those proceedings; | ||
(b) the steps (if any) taken by the person to avail of such means or mechanisms as were or are available to him or her to facilitate the conclusion of the proceedings within a reasonable time; | ||
(c) the principles laid down in respect of a breach of the right to the conclusion of proceedings within a reasonable time— | ||
(i) in any declaration, decision, advisory opinion or judgment of the European Court of Human Rights, and | ||
(ii) in any decision of the High Court, Court of Appeal or Supreme Court; | ||
(d) such other information relevant to the proceedings and their conclusion that the Assessor or the Circuit Court, as the case may be, considers appropriate. |