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The only pity in such cases as these is that, for an ECRO, there has to be some element of repetition in the attempts to bring unmeritorious proceedings. This means that the poor old defendant has not only to fight off one set of proceedings that they should never have been subjected to, but also undergo at least one more set of equally ridiculous proceedings (often enough, along with other hapless defendants being joined in, such as the defendant's solicitors, their counsel, the judge in the first case, the Court of Appeal judges - if the LiP managed to get an appeal going, etc) before they can apply for an ECRO, at the point that the second proceedings are thrown out. This is not only wearing, but very expensive. Okay, the defendant will be able to apply for costs in each of the proceedings, but what chance is there of getting the LiP to pay up? Typically none, as the LiP's life will have revolved around the injustice they perceive themselves to have sustained for many years, so the chances of their having any earned any money with which to pay any costs during that period are nil. It would be a kindness to all, including the LiP, if the ECRO could be made the first time round, and for considerably longer than the standard two years (five years would be a start). It is not as if such an order denies them justice altogether - they can always apply to the judge for leave to bring proceedings in the (unlikely) event that they can later show that they have a claim with some chance of success.

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