A failure to apply to strike out an action within one month of a notice of intention to proceed did not create an estoppel which could prevent a later application to strike out for delay. Whilst all periods of delay could be taken into account, and in this case had been inordinate and inexcusable, there had been no prejudice to the defendant by the delay, and the case could proceed.
Citations:
Gazette 16-Jun-1993
Jurisdiction:
England and Wales
Litigation Practice
Updated: 26 October 2022; Ref: scu.89994
