Source: All England Reporter
Publisher Citation: [2001] All ER (D) 249 (Feb)
Court: Chancery Division
Judge:

Rimer J

Representation John Smart (instructed by Streeter Marshall, Croydon) for the claimant.
  The defendants appeared by their representative.
Judgment Dates: 21 February 2001

Catchwords

Stay of proceedings - Chancery Division - Automatic stay of proceedings - Master declining to lift automatic stay for want of prosecution - Appeal - Whether delay occasioning undue prejudice - Whether possibility of fair trial - CPR Pt 51.

The Case

In a rehearing, the court allowed an appeal against the decision of a master not to lift the automatic stay on proceedings which had been imposed pursuant to CPRPt51, the court deciding that the delay in the proceedings had not unfairly prejudiced the defendants.

Practice Areas

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