(Saint Vincent and The Grenadines) A writ was issued, but little progress was made. The respondent applied for a declaration that the action had been abandoned and was incapable of being revived.
Held: The provision was one local to the home country. It was to be interpreted broadly, but words may only be implied in a statutory provision, primary or subordinate, if a strict test of necessity is satisfied. Here, there had been an intention to create a broader ground for striking out actions. The interpretation of the Court of Appeal was not to be disturbed.
Judges:
Lord Keith of Kinkel Lord Jauncey of Tullichettle Lord Steyn Lord Hope of Craighead
Citations:
[1996] UKPC 16
Links:
Citing:
Cited – Isaacs v Robertson PC 13-Jun-1984
(St Vincent and The Grenadines) Where the point at issue before the Board was as to a point of procedure with no direct comparable provision in UK law, the Board of the Privy Council should be reluctant to depart from the interpretation set down by . .
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 – Srimati Bibhabati Devi v Kumar Ramendra Narayan Roy and Others PC 30-Jul-1946
(Bengal) The appellant sought to claim a substantial inheritance. From many years before it had been thought that he had been buried after dying of syphilis. He claimed he had been resuscitated, taken away and brought up by sanyasi. His identity . .
Mentioned – Antigua and Barbuda Enterprises Ltd v Attorney General of Antigua and Barbuda PC 9-Jun-1993
(Antigua and Barbuda) An action was not to be dismissed under Order 34, rule 11(1)(b) for a failure to apply to set it down. . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Litigation Practice
Updated: 31 May 2022; Ref: scu.159171