Source: All England Reporter
Publisher Citation: [2002] All ER (D) 122 (Jan)
Court: Queen's Bench Division
Judge:

Judge Phillip Raynor QC sitting as a judge of the High Court

Representation John Gimlette (instructed by Barlow Clyde & Gilbert) for the appellant.
  Edward Cohen (instructed by Gordon Dadds) for the respondent.
Judgment Dates: 21 January 2002

Catchwords

Practice - Summary judgment - Striking out - Delay - Defendant applying to strike out claim or alternatively for summary judgment - Master dismissing applications - Whether master in error.

The Case

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.

Practice Areas

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