Northamptonshire County Council v Daleman

Northamptonshire County Council v Daleman

The court found that it could not determine whether Mr Daleman's Article 6(3) rights were infringed without a transcript of the committal hearing and thus adjourned the application and appeal, granting the extension of time.

Parties
Claimant/respondent: Northamptonshire County Council; Defendant/appellant: John Daleman
Jurisdiction
England and Wales
Judgment Date
02 November 2005
Procedural Posture
Civil Appeal / Application for Extension of Time to Appeal and Adjournment of Appeal
Outcome
Extension of time granted; appeal adjourned.
Legal Topics
Committal Proceedings, Right to Legal Representation, Extension of Time, Article 6(3) ECHR
Civil Procedure Human Rights Committal Proceedings Right to Legal Representation Extension of Time Article 6(3) ECHR

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Parties

Northamptonshire County Council

Claimant/respondent

John Daleman

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Extension of Time to Appeal and Adjournment of Appeal

Legal Issues

  1. 1 Whether Mr Daleman's rights under Article 6(3) of the European Convention on Human Rights were infringed by lack of legal representation at the committal hearing
  2. 2 Whether an extension of time to appeal should be granted

Ratio Decidendi

The court found that it could not determine whether Mr Daleman's Article 6(3) rights were infringed without a transcript of the committal hearing and thus adjourned the application and appeal, granting the extension of time.

Court Disposition

Extension of time granted; appeal adjourned.

Orders

  • Extension of time to appeal granted.
  • Appeal adjourned to January 2006.