By Raphaël MORENON
5 April 2025
A lost case file. A judgement handed down three years after the pleadings. A crucial expert report never ordered despite your repeated requests. These situations can constitute gross negligence or a denial of justice. The law then allows you to obtain compensation from the State. But you need to know the precise criteria and the procedure to follow. Recognising gross negligence on the part of the public justice system Gross negligence is the first ground on which the State can be held liable. The definition of gross negligence has undergone major changes. Until 2001, the Court of Cassation defined gross misconduct as «that committed under the influence of an error so gross that a magistrate normally mindful of his duties would not have been drawn into it». This restrictive approach made it difficult to hold the State liable. A turning point came with the decision of the Assemblée plénière on 23 February 2001. The Court of Cassation adopted a more flexible definition: «constitutes...
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