An order striking out a case for abuse by reason of the claimant’s delay should only be made where the delay had lead to a situation where it was no longer possible to secure a fair hearing. Where a fair trial remained possible, the court could use some other remedy to penalise a delaying claimant. This was necessary to accord with the human right of receiving a fair trial within a reasonable time.
Judges:
David Donaldson QC
Citations:
Times 30-Jan-2003
Statutes:
European Convention on Human Rights 6.1
Jurisdiction:
England and Wales
Civil Procedure Rules, Human Rights
Updated: 28 June 2022; Ref: scu.178846
