Delay and Article 6(1): an end to the requirement of prejudice?

This article considers the question of whether it is necessary to show seri ous prejudice caused by delay when applying the principles of Article 6(1) of the European Convention of Human Rights to applications for a stay on th e ground of abuse of process and considers whether the decision of the Cour t of Appeal in Attorney-General's Reference No.2 of 2001 is compatible with the jurisprudence of the European Court of Human Rights, examining the app roach so far taken by the Scottish courts and Privy Council.