Referring to the new Civil Procedure Rules: ‘These guidelines … create an entirely new climate in which the court is required to examine the plaintiff’s conduct by reference to the overall interests of justice and fairness (including considerations of public importance reflecting the interests of other litigants, and the interests of the court, to ensure the prompt despatch of court business in accordance with efficient case management), and not exclusively the impact (as in Birkett v James [1978] A.C. 297) of the delay on the conduct of the defendant’s case, having regard to any prejudice the defendant may suffer.’
Judges:
Hirst LJ
Citations:
[1998] EWCA Civ 1798
Jurisdiction:
England and Wales
Citing:
Cited – Birkett 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 . .
Cited by:
Cited – Arrow Nominees Inc and Another v Blackledge and Others CA 22-Jun-2000
A petition had been lodged alleging unfair prejudice in the conduct of the company’s affairs. The defendants alleged that when applying for relief under section 459, the claimants had attempted to pervert the course of justice by producing forged or . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 30 May 2022; Ref: scu.145277