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E2. The mechanisms of delay

91. From the claimant's perspective, the relevant period may be thought to run from the time when, having suffered some injury, he identifies a possible legal claim against a possible defendant, to the time when that claim is met by an effective remedy. However, the period looked at from the civil justice system's point of view traditionally starts with the plaintiff's invocation of the court's jurisdiction by the issue of proceedings and runs to the time when those proceedings are finally disposed of. (Note 88) The court's records tend to be confined to the post-writ period.
92. The time taken between issue and resolution of proceedings will depend on the nature of the claim and on the manner in which the proceedings are resolved. Some instances may now be considered.

 

Note

88 The practical possibility and means of enforcement of any judgment and the time taken for that process are of importance. They are however outside the scope of this paper.   <back>

 



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