Source: All England Reporter
Publisher Citation: [2002] All ER (D) 166 (Jan)
Neutral Citation: [2002] EWCA Civ 10
Court: Court of Appeal, Civil Division

Pill, Tuckey and Jonathan Parker LJJ

Representation Peter Crampin QC and John Smart (instructed by the Bar Pro Bono Unit) for the claimant.
  Peter Ralls QC and Stuart Hornett (instructed by Philip Ross & Co) for the defendants.
Judgment Dates: 23 January 2002


Practice - Stay of proceedings - Automatic stay of proceedings - Master declining to lift automatic stay for want of prosecution - Appeal - Judge proceeding by way of rehearing - Judge allowing appeal - Judge finding fair trial possible as delay not causing undue prejudice - Judge lifting stay of proceedings - Whether judge in error - CPR 51, 52.11.

The Case

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