A major litigation action was characterised by persistent delay on behalf of the plaintiffs. They had failed to follow advice given to them by their solicitors regarding the need to make progress. In the circumstances, the delay could only be interpreted as deliberate, and an abuse of process. The claim was to be struck out accordingly.
Citations:
Gazette 28-Apr-2000, Times 05-Apr-2000, [1999] EWCA Civ 1620
Jurisdiction:
England and Wales
Cited by:
Cited – Panamax Star Owners and or Bailees of The Cargo of The Ship) v Auk (Owners of The Ship) AdCt 18-Dec-2013
A strike out was sought alleging gross delay and an abuse of process.
Held: The strike out was granted both as to the claim and counter claims.
Hamblen J discussed first the issues surrounding delay: ‘In summary, the authorities provide . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 21 July 2022; Ref: scu.81113
