The act offers parties a means to seek redress if their right to a timely conclusion of proceedings is breached.
It was signed into law on 1 May 2024 and is expected to come into effect in 2025.
Provision within the act for parties to seek a declaration of undue delay and, in certain circumstances, obtain compensation, is a means for accountability, the lawyers state.
This is a positive shift from the previous scenario where such recourse was only available through the European Court of Human Rights (ECtHR), a process that could be daunting and inaccessible.
Key provisions
The act establishes the right of individuals involved in proceedings to have their case concluded within a reasonable time frame. This provision highlights the importance of efficiency in the legal process and the rights of the parties involved.
The act has a broad scope of application and its provisions will have an impact on both ongoing and future legal proceedings, the Eversheds lawyers state.
Assessment application
It provide a framework for the appointment and operation of assessors, ensuring they can effectively carry out their roles in examining potential breaches of the right to a timely conclusion of proceedings.
The appointment of a chief court-delays assessor and multiple court-delays assessors is provided for under section 5, and appointments are made by the minister.
The chief assessor must be a retired judge or a practising barrister or solicitor with at least ten years’ standing. For the assessors, a standing of five years is required.
Remuneration, conditions for resignation, and removal procedures are also outlined, as well as disqualification criteria.
Section 8 stipulates that assessors are not liable for damages in the performance of their functions unless actions are taken in bad faith.
The act also establishes a clear process for individuals to seek redress if they believe their right to a timely conclusion of proceedings has been breached.
Upon receipt of an application, an assessor is assigned to make a declaration on whether there has indeed been a breach of the right to a timely conclusion.
Framework
The act provides a clear framework for determining whether a breach has occurred, outlining specific factors to be considered when assessing if there has been a breach.
These factors include:
- Complexity of case,
- Duration of proceedings,
- Conduct of parties involved, and
- Steps taken to expedite proceedings.
If a breach is declared, the assessor then determines if compensation is payable and calculates the amount due.
An expert witness party to the case may be asked to give evidence as to why a delay occurred.
The amount of compensation stemming from a breach is expected to be low, as the assessor must look to ECtHR precedent which generally awards very little in these types of cases.
A party can institute proceedings in the Circuit Court, which is authorised to review an assessor’s determination and award compensation to the aggrieved party.
A party can appeal this decision to the High Court on a point of law within 21 days of the Circuit Court’s decision.
The act is expected to become operational in 2025. The Department of Justice is now consulting on issues such as structure, processes, and costs.
The effectiveness of the act will largely depend on how well it is implemented. Clear guidelines and criteria are needed, the Eversheds lawyers state.