dismissal for want of prosecution

532 results for dismissal for want of prosecution

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  • Grenda Investments Ltd v Barton, Court of Appeal - Commercial Court, September 20, 2017, [2017] EWHC 2371 (Comm)

    1. I have before me cross-applications by the Claimant, Grenda Investments Limited (`Grenda') and the Defendant, Mr Philip Barton (`Mr Barton') as follows: an application for Grenda for summary judgment on its claim against Mr Barton under certain loan facilities; and an application by Mr Barton to strike out the proceedings on the basis that the c...

    ... was that, whilst he was content to comply with it, he wanted, first, to pay off the borrowing made pursuant to the Biomass ... of supporting an application to dismiss for want of prosecution. However, if there is an abuse of process, it is not strictly ... the position in relation to previous applications for dismissal for want of prosecution, but nonetheless it seems to me that it ...

  • Cook v Mortgage Debenture Ltd, Court of Appeal - Civil Division, February 25, 2016, [2016] EWCA Civ 103

    1. This appeal raises a point of construction of the provisions for a moratorium in connection with the administration of a company. Paragraph 43(6) of schedule B1 to the Insolvency Act 1986 provides that: ``No legal process (including legal proceedings, execution, distress and diligence) may be instituted or continued against the company or pr...

    ... at first instance held that an application for summary dismissal for want of prosecution was not a proceeding for which leave was ...

  • Société Générale v Goldas Kuyumculuk Sanayi Ithalat Ihracat AS & Ors, Court of Appeal - Civil Division, May 15, 2018, [2018] EWCA Civ 1093

    2. As long ago as 18th March 2008 Société Générale (``Soc Gen'') the well-known French bank issued proceedings (Folio 267) in relation to 15.725 metric tonnes of gold bullion delivered to three Turkish companies and one Dubai company in the Goldas group of companies. Those proceedings were issued 3 days after Kitchin J had, on Saturday 15th March

    ... pending an appeal sought an order dismissing the inquiry for want of prosecution. The main question was whether, in accordance h Birkett v James [1978] AC 297 on dismissal for want of prosecution, the applicant had to show that he had ...

  • The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014

    “(1 A) Regulations under section 29 A may include provision for a licensing authority to refuse to grant a licence to practise for a medical practitioner in any case where the person has not demonstrated the necessary knowledge of English to the authority (notwithstanding the medical practitioner’s registration under Part 2 or 3). (1 B) Regula...

    ... an appeal is so brought but is withdrawn or dismissed for want of prosecution, on the withdrawal or dismissal of the appeal;. ...

  • Goldcrest Distribution Ltd v McCole & Ors, Court of Appeal - Chancery Division, June 30, 2016, [2016] EWHC 1571 (Ch)

    1. This is my judgment on an application by the Claimant by notice dated 3 March 2016 for an order pursuant to CPR rule 13.3 to vary the order of Deputy Master Rhys dated 17 February 2016. By this order the Deputy Master gave judgment in default of defence for the Second Defendant on her counterclaim, and dismissed the Claimant's claim as against t...

    .... Some three years later, the Defendant applied for (i) dismissal of the claim on the basis of want of prosecution and (ii) ...

  • Artibell Shipping Company Ltd. v Markel International Insurance Company Ltd & Ors, Court of Appeal - Commercial Court, April 24, 2008, [2008] EWHC 811 (Comm)

    1. In this application, the defendant underwriters seek an order striking out the action brought against them by the claimant shipowners on the grounds of abuse of process and/or delay. In the alternative they seek an order imposing conditions on the continued prosecution of the claim and, in any event, security for their costs. 2. The striking fea...

    ... seek an order imposing conditions on the continued prosecution of the claim and, in any event, security for their costs. 2. The ... included latent defects and crew negligence (subject to no want of due diligence on the part of the managers). As regards a CTL ... there were links between abuse of process and the dismissal for want of prosecution, the former could always give the rise to ...

  • K (deceased), Re, Court of Appeal - Chancery Division, March 28, 2007, [2007] EWHC 622 (Ch)

    1. This is my judgment on an application by the Administrators in effect for the Court's sanction to pay certain admitted creditors ("the Admitted Creditors") and then to distribute the Deceased's Estate without reference to the claims of a number of disputed and potential creditors ("the Potential Creditors"). The application was heard in private.

    ... because it seems doubtful that the Deceased would have wanted creditors whose claims would ordinarily be statute-barred to be ...Want of prosecution and abuse of process. The actions commenced by the Brother, ...So far as dismissal for want of prosecution is concerned, in Birkett v James [1978] ...

  • Young v Western Power Distribution (South West) Plc, Court of Appeal - Civil Division, July 18, 2003, [2003] EWCA Civ 1034

    1. This Court is once again required to decide upon the true reach of the House of Lords decision in Walkley -v- Precision Forgings Limited [1979] 1 WLR 606. Here, for the first time, the question arises in the context of a widow's claim, a claim brought both under the Fatal Accidents Act 1976 (``the 1976 Act'') and under the Law Reform (Miscellan...

    ... his first action, although timeous, would be dismissed for want of prosecution. The House of Lords held that he could not do so: ...The only cause of the prejudice to him in the case of dismissal for want of prosecution is dilatoriness which took place after ...

  • Hird v Milner (t/a Versatile Ceramics), Court of Appeal - Civil Division, October 05, 1998, [1998] EWCA Civ 1481

    SIR CHRISTOPHER STAUGHTON: Mrs Hird was involved in a motor accident on 11th December 1987 when she was aged 31 years. That was nearly 11 years ago. She was a passenger in a car driven by her son but the car was stationary at the time. Another vehicle ran into the back of it from behind. That was driven by an employee of the defendant, Mr Miln...

    ... the judge said later, an unusual case for striking out for want of prosecution. I seem to remember that in one of the classic ... indicated an intention that the claim which had escaped dismissal for want of prosecution, should proceed with despatch thereafter. ...

  • Markfield Investments Ltd v Evans, Court of Appeal - Civil Division, November 09, 2000, [2000] EWCA Civ 281

    1. This appeal raises a short point of law in connection with adverse possession. The appellants hold the paper title to the land in question; the respondent is in exclusive occupation of it. The appeal is brought against the order of Judge Samuels QC in the Truro County Court on 22 May 2000 made on the hearing of a preliminary issue, ruling

    ... was not interrupted by the issue and subsequent dismissal for want of prosecution of the action by Lym Limited against the ...

  • Tramp Oil & Marine Ltd v State Enterprise for Water Transport & Ors, Court of Appeal - Civil Division, June 08, 2005, [2005] EWCA Civ 772

    2. This is an appeal from two orders made by Morison J on 16th July 2004. The respondent ("Tramp") supplies bunkers to ships. It is not in dispute that in 1989 and 1990 Tramp supplied bunkers to ships owned or managed by the appellant, which was and is an Iraqi state enterprise and which I will call "SEWT". Tramp's case is that SEWT has not paid...

    ... of an application to strike the statement of case out for want of prosecution. The application came before Morison J. SEWT ... when the court has to deal with an application for dismissal for want of prosecution. As he put it (at p 1934 E-F), under the ...

  • Horton (Original Appellant and Cross-respondent) v. Sadler and another (Original Respondents and Cross-appellants), (2006)

    ... Court of Appeal, in particular Walkley, compelled the dismissal of that appeal, which took place without argument on 28 June ... were pursued a summons would be issued to dismiss it for want of prosecution. No further steps in the action were taken and ...

  • The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015

    The period of three months mentioned in paragraph 9(4) of that Schedule expired before a draft of this Order in Council, together with a report about consultation, was laid before Parliament and the Scottish Parliament. A draft of this Order in Council has been approved by resolution of each House of Parliament and of the Scottish Parliament i...

    ... an appeal is so brought but is withdrawn or dismissed for want of prosecution, on the withdrawal or dismissal of the appeal;. ...

  • The Bodo Community & Ors v The Shell Petroleum Development Company of Nigeria Ltd, Court of Appeal - Technology and Construction Court, June 20, 2014, [2014] EWHC 1973 (TCC)

    1. In this Group litigation, the many Claimants, numbering some 15,000 or more and including several representative type claimants and claims on behalf of children, seek damages at common law and statutory compensation under the law of Nigeria in relation to oil spills from pipelines said to have been caused by Shell Petroleum Development Company o...

    ... precluded an employee from seeking damages for wrongful dismissal at common law. The statute provided for limited compensation for ... that remedy to a maximum of £11,000, whereas Mr Johnson wants to claim a good deal more. The question is whether the courts ..., intimidation, false imprisonment, malicious prosecution, trespass to land, persons or goods, conspiracy, infringement of ...

  • Peoples' Insurance Company of China & Anor v Vysanthi Shipping Co Ltd, Court of Appeal - Commercial Court, July 10, 2003, [2003] 2 LLR 617,[2003] 2 Lloyd's Rep 617,[2003] EWHC 1655 (Comm)

    1. Vysanthi Shipping Co Limited, a company incorporated in Cyprus, the Defendants in Claim No 2002 Folio 344 and the Claimants in Claim No 2002 Folio No 661, were the owners of the bulk carrier Joanna V; I shall refer to them as the owners. On 28 June 1996, they issued two bills of lading for 29,900 MT Argentine yellow soya bean pellets in bulk l...

    ...i) In cases on dismissal for want of prosecution, the view expressed by Lord Diplock and ...

  • Adam v Ali, Court of Appeal - Civil Division, February 21, 2006, [2006] 1 WLR 1330,[2006] EWCA Civ 91

    1. This appeal gives rise to another troublesome limitation point spawned by Walkley v Precision Forgings Limited [1979] 1 W.L.R.606. The appellant, Jacqueline Adams, was injured in a road traffic accident which happened as long ago as 5 July 1999 when a vehicle driven by the respondent, Rasal Ali, smashed into the rear of her motor car whilst it

    ... them off by threatening to apply to dismiss the action for want of prosecution if steps were taken to proceed with it. A third ... The only cause of the prejudice to him in the case of dismissal for want of prosecution is dilatoriness which took place after ...

  • Nasser v United Bank of Kuwait, Court of Appeal - Civil Division, December 14, 2001, [2001] EWCA Civ 1454

    1. The claimant in these proceedings, Mrs Nasser, with permission of Lord Justice Latham, appeals from an order of Mr Justice Ian Kennedy dated 26th October 1999, whereby he struck out her claim for want of prosecution pursuant to Part 3.4 of the Civil Procedure Rules 1998 ("the CPR"). The Facts 2. The Judge aptly described it as a curious case. I...

    ... dated 26th October 1999, whereby he struck out her claim for want of prosecution pursuant to Part 3.4 of the Civil Procedure Rules ... when the court has to deal with an application for dismissal for want of prosecution. As he put it (at p 1934 E-F), under the ...

  • Balogun v London Borough Of Hackney & Anor, Court of Appeal - Civil Division, April 16, 1999, [1999] EWCA Civ 1191

    LORD JUSTICE POTTER: This is an appeal against an unusual costs order made on 19 March 1998 by His Honour Judge Charles QC, sitting at the Central London County Court, pursuant to leave granted on 1 July 1998 by a single Lord Justice. The appellant, the London Borough of Hackney, was the first defendant in a claim for damages for personal injur...

    ... [1986] 1 WLR 615, a patent case concerned with dismissal for want of prosecution; Ottway v Jones [1955] 1 WLR 706, a Rent ...

  • Roberts v Skelmersdale College, Court of Appeal - Civil Division, June 20, 2003, [2003] EWCA Civ 954,[2004] IRLR 69,[2003] ICR 1127

    1. LORD JUSTICE MUMMERY: There are two matters before the court. The first is an appeal by Skelmersdale College against a substantive decision of the Employment Appeal Tribunal. The second is an application by Mr Roberts for permission to reinstate an application he made to this court for permission to appeal against a preliminary hearing of th...

    ... Liverpool Tribunal, his complaints ranged from unfair dismissal through breach of contract to staff discrimination and ... the claims, save for unfair dismissal, were struck out for want of prosecution. . 4. The unfair dismissal claim was originally ...

  • Companhia de Seguros Imperio v Heath (Rebx) Ltd & Ors, Court of Appeal - Commercial Court, March 30, 1999, [1999] EWHC 285 (Comm)

    The Plaintiff Company, ("Imperio"), which was incorporated in Portugal, at all material times carried on the business of insurance and reinsurance. The Defendant Companies (to which I shall refer both individually and collectively as "Heaths") at all material times carried on business as insurance brokers. By a generally indorsed Writ of Summons i...

    ...) Heaths have applied for Imperio's claim to be dismissed for want of prosecution and / or under R.S.C. Order 19 rule 1; . (2) ... Issue should be addressed first and the questions of dismissal for want of prosecution and striking out left for future ...

  • Harrison v Sun Alliance & London Insurance Plc, Court of Appeal - Civil Division, February 18, 1998, [1998] EWCA Civ 274

    LORD JUSTICE MORRITT: This appeal from the order of Sir John Knox made on 25th April l997 and brought with his leave is concerned with the jurisdiction conferred by s.65l Companies Act l985. So far as material that section provides "(l) Where a company has been dissolved, the court may on the application made for the purpose by the liquidator of...

    ... was being given to applying to strike out the action for want of prosecution. On l7th March l993 there was a without prejudice ... The only cause of the prejudice to him in the case of dismissal for want of prosecution is dilatoriness which took place after ...

  • Kenyon v Kenyon, Court of Appeal - Civil Division, June 11, 1998, [1998] EWCA Civ 972

    LORD JUSTICE WALLER: This is an application by Mr Kenyon for leave to appeal an order made by Laws J striking out a libel action against Mr Kenyon's wife as an abuse of the process of the court. The libel alleged was contained in a memorandum dated 17 February 1989. Mr Kenyon told us that that memorandum came into his possession in late 1989.

    ... strike out the action on the ground of abuse of process and want of prosecution; alternatively she was seeking to have the action ...Mr Kenyon also appealed the dismissal of the order he had sought. . The matter came before Ognall J. ...

  • Piggott v Aulton, Court of Appeal - Civil Division, January 29, 2003, [2003] EWCA Civ 24

    1. This is an appeal against the order of His Honour Judge Durman sitting at Birmingham County Court, dated 12 June 2002, whereby the court exercised its discretion to allow the action to proceed pursuant to section 33 of the Limitation Act 1980 and made an order that the defendant should not pay the costs of the claimant of the preliminary issue.

    ... under section 2D either because it has been struck out for want of prosecution or because it has been discontinued by the ... The only cause of the prejudice to him in the case of dismissal for want of prosecution is dilatoriness which took place after ...

  • McEvoy v A A Welding & Fabrication Ltd, Court of Appeal - Civil Division, December 08, 1997, [1997] EWCA Civ 2921

    LORD JUSTICE PILL: A A Welding and Fabrication Ltd ("the defendants") appeal against a decision of Mr Justice Astill on 10th December 1996, whereby it was ordered that the application of Jonathan Andrew McEvoy ("the plaintiff") under section 33 of the Limitation Act 1980 ("the 1980 Act") was allowed, in that section 11 of the Act was disapplied.

    ... under section 2D either because it has been struck out for want of prosecution or because it has been discontinued by the ... The only cause of the prejudice to him in the case of dismissal for want of prosecution is dilatoriness which took place after ...

  • Jeffrey, R (on the application of) v The Independent Police Complaints Commission, Court of Appeal - Administrative Court, January 27, 2017, [2017] EWHC 102 (Admin)

    1. This application for judicial review consists of a challenge to the investigation of complaints made by the Claimant to the Defendant, as to the Defendant's actions when investigating the Claimant, and the conclusions about that complaint. The matter is multi-layered, and has become complex in its detail. 2. The Claimant was, at the relevant pe...

    ... His wife was a Crown Prosecution Service lawyer. In the course of the search, professional ... the complaint, which indicates it is just a summary and wanting an opportunity to make further complaints. I made Paul aware of ... a substantiated complaint is not likely to lead to dismissal of a staff member. This letter will have been received by the ...