Source: All England Reporter
Publisher Citation: [2005] All ER (D) 38 (Jun)
Court: Court of Appeal, Civil Division
Judge:

Auld, Clarke LJJ and Patten J
Representation Graham Charkham (instructed by Shaw & Croft) for the claimant.
  Max Mallin (instructed by Teacher Stern Selby) for the first defendant.
Judgment Dates: 8 June 2005

Catchwords

Practice and procedure - Striking out - Delay - Possibility of fair trial - Judge refusing first defendant's application to strike out claim for want of prosecution - Correctness of decision.

The Case

Whilst delay was a relevant factor to consider in an application to strike out for want of prosecution, in the instant case, the reasons for the delay had been clear and understandable. It would be wrong to use the strike out procedure where a claimant could not be criticised for the way it had handled a case, and where it was not culpable for any delay following the consequences of the second Iraq war.

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary