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Court Proceedings (Delays) Bill 2023: Second Stage (24 May 2023)

Catherine Murphy: ...a system that does not function as it should], in practice such an award has rarely been granted in the context of undue delay (see the comments of Judge O’Leary in Keaney v Ireland discussed below, where the ECHR noted that the “scope of a damages action, the circumstances in which a complainant is likely to recover damages following delay and questions of quantum all remain...

Court Proceedings (Delays) Bill 2023: Second Stage (24 May 2023)

Pa Daly: ...charge ... everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law." The Minister of State recognised that under the ECHR there is a right to a fair trial within a reasonable time and an effective and accessible remedy as required by Article 13 of the convention. As the old maxim goes, justice delayed is...

Court Proceedings (Delays) Bill 2023: Second Stage (24 May 2023)

James Browne: ...any, payable. Compensation will be determined by reference to the jurisprudence of the European Court and will be in line with the concept of just satisfaction under Article 41 of the European Convention on Human Rights, ECHR. This is an important feature of the Bill and will serve to safeguard against excessive awards. It is also in line with the 2021 Supreme Court judgment in...

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