The District Judge’s judgment
The District Judge’s judgment
The error which it was alleged that the District Judge made was said to arise from a conflict between two paragraphs in his judgment:
Paragraph 32(e) which found “There has been no unreasonable delay in these proceedings”.
Paragraph 36 which found “the lack of any explanation for the delay does not matter”.
However, as the authorities referred to at [8] make clear, the mere fact that delay is unexplained does not of itself entail that it is necessarily unreasonable. There will be periods of delay of a sufficient length and/or due to surrounding circumstances which may lead a court to infer, in the absence of an explanation, that the delay is unreasonable. The District Judge concluded that this was not such a case.
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