The court questioned whether the availability of an alternate remedy for a party against his solicitors should affect the decision to strike out a plaintiff’s claim.
Judges:
Sachs LJ
Citations:
[1969] 2 Lloyd’s Rep 618
Jurisdiction:
England and Wales
Cited by:
Cited – Worldwide Corporation Limited v Marconi Communications Limited (Formerly GPT Limited) and GPT (Middle East) Limited 22-Jun-1999
Application for leave to appeal. Original leading counsel had consented to the abandonment of parts of the claim. New leading counsel now sought to revive them.
Held: The claim had little prospect of success. Leave to appeal refused. . .
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 . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 14 November 2022; Ref: scu.196073