||All England Reporter
|| All ER (D) 287 (Nov)
|| EWCA Civ 1680
||Court of Appeal, Civil Division
Chadwick LJ and Sir Denis Henry
||Simeon Maskrey QC (instructed by Stephens & Sons, Chatham) for the claimant.
||Laurence West-Knights QC and Simon Wilton (instructed by Vizards Wyeth, Dartford) for the defendants.
||7 November 2002
Practice and procedure - Striking out - Delay - No substantial risk that fair trial impossible - CPR 3.4, PD 19.
In the instant case, whilst the trial of the claimant's claim would have been made more difficult by reason of the time that had passed, it would not be so difficult as to be impossible and the judge's order striking out the proceedings would, accordingly, be set aside.
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