Evidence of prejudice from inexcusable delay is to be examined carefully. It is not essential for a finding of prejudice in such a case that there should be evidence of the particular respects in which potential witnesses’ recollections have been impaired or as to any particular part of the delay to which such impairment is attributable.
Citations:
Times 18-Apr-1996, [1996] 1 WLR 1270
Jurisdiction:
England and Wales
Cited by:
Cited – Smith v Charles Building Services Ltd and Another ChD 22-Apr-2005
The claimant said that his name had been removed from the company register unlawfully. . .
Cited – Hopkinson and Others and Birmingham Mid-Shires Building Society v Tupper CA 30-Jan-1997
The plaintiffs appealed from an order striking out their claim for want of prosecution. The defendant’s property had been sold by the mortgagees, and the plaintiffs as assignees of their debt sought to recover the balance outstanding from the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 23 June 2022; Ref: scu.89248
