Source: All England Reporter
Publisher Citation: [2002] All ER (D) 287 (Nov)
Neutral Citation: [2002] EWCA Civ 1680
Court: Court of Appeal, Civil Division
Judge:

Chadwick LJ and Sir Denis Henry

Representation 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.
Judgment Dates: 7 November 2002

Catchwords

Practice and procedure - Striking out - Delay - No substantial risk that fair trial impossible - CPR 3.4, PD 19.

The Case

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.

Practice Areas

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