||All England Reporter
|| All ER (D) 202 (Dec)
Judge Richard Seymour QC sitting as a judge of the High Court
||13 December 2001
Practice - Order ||'Unless' order - Non-compliance with order striking out claim unless defence to counterclaim served - Claim struck out - Claimant seeking lifting of automatic stay on stale claim - Master ruling claim standing dismissed - Whether master erring in law.
The claimant's appeal against the master's refusal to grant relief with regard to the non-compliance with an unless order in a stale claim was dismissed, as the master's decision not to exercise his discretion was correct, having regard to the merits of the claim and the inaction on the part of the claimant.
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