The claimant sought to overturn an order striking out his claim for damages for personal injury, after inordinate delay in prosecuting his claim.
Held: It will be rare for a claim to be struck out for such a reason under the transitional procedures under the new Rules. There had to be some considerable risk of a fair trial having become impossible. The judge’s findings did not support the strike out. Witness statements were still available. There was no unequivocal affirmative answer to the question of whether a fair trial would not now be possible.
Judges:
Chadwick LJ, Sir Denis Henry
Citations:
Times 22-Nov-2002, Gazette 09-Jan-2003
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Fay v Chief Constable of Bedfordshire Police QBD 6-Feb-2003
The claimant had begun proceedings for the return of money held by the respondent. His action was stayed for inactivity, and the respondent later had the claim struck out on the basis that it would be an abuse of process to proceed.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules
Updated: 30 May 2022; Ref: scu.178291
