Latham LJ said: ‘I can see that were delay to have occasioned prejudice short of an inability of the court to be able to provide a fair trial, then there would be or may be scope for the use of other forms of sanction. But where the conclusion that is reached is that the prejudice has resulted in an inability of the court to deal fairly with the case, there can only be one answer and one sanction; that is for the [proceedings] to be struck out’
Judges:
Latham LJ
Citations:
Unreported, 25 May 2000
Jurisdiction:
England and Wales
Litigation Practice
Updated: 11 May 2022; Ref: scu.598325