||All England Reporter
|| All ER (D) 122 (Jan)
||Queen's Bench Division
Judge Phillip Raynor QC sitting as a judge of the High Court
||John Gimlette (instructed by Barlow Clyde & Gilbert) for the appellant.
||Edward Cohen (instructed by Gordon Dadds) for the respondent.
||21 January 2002
Practice - Summary judgment - Striking out - Delay - Defendant applying to strike out claim or alternatively for summary judgment - Master dismissing applications - Whether master in error.
In an appeal against the decision of a master to dismiss applications to strike out and for summary judgment, it was held that the master had been entitled to come to that decision, although the delay in the case was excessive, inordinate and inadequately explained, it was not contumelious, and did not render a fair trial impossible.
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