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Capuano Case
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Access to court — Right to a hearing within a reasonable time in determination of civil rights — Proceedings still pending after more than ten years — Initiative and power of advancing proceedings resting on parties — Cause of delay — Failure to obtain expert reports in timely manner — Expert supervised by judge — Principal delay attributable to court’s failure adequately to supervise its process — Whether violation of right to determination of civil rights and obligations within reasonable time — European Convention on Human Rights, 1950, Article 6(1)
State responsibility — For acts of the judiciary — Responsibility of judges to prepare cases for trial expeditiously and fairly — Expert reports — Whether delay in determination of civil rights due to delay in obtaining expert opinion — Whether attributable to State — European Convention on Human Rights, 1950, Article 6(1)
Damages — Human rights violations — Unreasonable delay in civil proceedings — Increased costs and expenses in domestic forums — Unidentified financial losses — European Convention on Human Rights, 1950, Article 50
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- © Cambridge University Press 1994
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