A case recently finalised in the European Court of Human Rights means that the State here can be liable for "unreasonable" delays in cases coming to court.
The case concerned a British psychiatrist, his wife and secretary, who were sued by a former patient about a transaction concerning a property in Florida. The writ was issued in February 1986.
The plaintiff was found bankrupt in August 1987, but the trustee in bankruptcy continued the action.
The trial was set down for the High Court in London in August 1994, and began in September of that year. It was adjourned until January 1995 when the plaintiff failed to appear, claiming illness.
Judgment, in favour of the plaintiff, was given in April of that year, and the case was appealed. Documents relating to the appeal were lodged in October 1996, and the appeal was heard in April 1997. It was dismissed.
The psychiatrist and his wife claimed that their right, under Article 6 of the European Convention of Human Rights, to a hearing within a reasonable time was violated.
The UK government claimed that most of the delay, between 1986 and 1994, was due to the plaintiff and defendants not pushing the case forward themselves. This argument was rejected by the court.
The Strasbourg court found "that a principle of domestic law or practice that the parties to civil proceedings are required to take the initiative with regard to the progress of the proceedings does not dispense the State from complying with the requirement to deal with cases in a reasonable time."
It added that the manner chosen by the state to comply with this obligation, whether by appointing more judges, or by automatic time limits and directions, was up to it to decide. It found for the psychiatrist and his wife and secretary, and awarded them €1,000 each in damages, and €500 each in costs.
This judgment places an obligation on states, such as Ireland, which are signatories to the Council of Europe, to ensure all measures necessary are taken to ensure that cases go quickly to trial. It means that, even if the parties themselves or their lawyers are responsible for the delays, the state is ultimately responsible for not having measures in place to force them to proceed quickly.
While delays in the Irish court system are being reduced, they are still significant in some areas.