||All England Reporter
|| All ER (D) 38 (Jun)
||Court of Appeal, Civil Division
Auld, Clarke LJJ and Patten J
||Graham Charkham (instructed by Shaw & Croft) for the claimant.
||Max Mallin (instructed by Teacher Stern Selby) for the first defendant.
||8 June 2005
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.
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.
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