The plaintiff had commenced an action for assault against the police, but had then let it sleep. The defendant’s application for it to be struck out failed. When the plaintiff applied to set it down, the defendant realising his error sought again a strike out.
Held: The further delay after the first hearing was not to be excused because of difficulties arising on the first period of delay. The action was struck out.
Citations:
[1997] EWCA Civ 2957
Jurisdiction:
England and Wales
Citing:
Cited – C M Van Stillevoldt BV v E L Carriers Inc CA 1983
Practice on applications for leave to appeal out of time. The court allowed an extension where the applicant’s solicitors were 2 weeks late in setting down the appeal. Griffiths LJ cited with approval the approach taken at first instance by the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 13 November 2022; Ref: scu.143356
