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Report No. 58

The causes of arrears

2.35. As has been observed in the U.S.A.,1-

"There is no simplistic solution to a pattern of delay such as these cases illustrate; if there were, we would not have the problem. The causes are numerous. They vary from case to case and from place to place. The delay is more pronounced in urban centres where the caseloads are heaviest. Causes include inadequate court personnel (both in number and in training), outdated procedures, the multiplicity of pleadings and appeals and, frequently, delay in preparation of transcripts. The historical resistance of legislatures and the Congress to providing a court with the money, personnel and facilities they need to meet increased case loads may be an important factor."

1. Robert W. Meserve (President, American Bar Association) in (1972) American Bar Association Journal 1129, 1152.

Structure and Jurisdiction of the Higher Judiciary Back

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