Icebird Ltd v Winegardner: PC 2 Jun 2009

(The Bahamas) The parties disputed the existence of a right of way. The appellant issued proceedings to claim that the right of way had been obstructed. After inordinate delay, it was struck out.
Held: The appeal succeeded. There had been inordinate delay, but the defendant had not been prejudiced, and this was not a case of flagrant disinterest in pursuing the claim. A fair trial remained possible.


Lord Phillips of Worth Matravers, Lord Scott of Foscote, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Neuberger of Abbotsbury


[2009] UKPC 24




CitedBirkett v James HL 1977
Exercise of Power to Strike Out
The court has an inherent power to strike out an action for want of prosecution, and the House set down the conditions for its exercise. The power is discretionary and exercisable only where (a) there has been inordinate and inexcusable delay and . .
CitedGrovit and others v Doctor and others HL 24-Apr-1997
The plaintiff began a defamation action against seven defendants. Each had admitted publication but pleaded justification. The claims against the fourth to seventh defendants were dismissed by consent, and the third had gone into liquidation. The . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Land

Updated: 26 July 2022; Ref: scu.346618