Dismissal for Want of Prosecution in UK Law

Leading Cases
  • Allen v Sir Alfred McAlpine & Sons Ltd
    • Court of Appeal (Civil Division)
    • 11 Ene 1968

    Not only would there be available to him any advice or material which had been given or obtained by his solicitor in support of his case in the dismissed action, but the principle of Armory v. Delamirie would apply and would impose upon the solicitor the onus of satisfying the Court that the plaintiff's claim in the dismissed action would not have succeeded had it been prosecuted with diligence. This would be a heavy onus to sustain after so great a lapse of time.

    But also, if after the plaintiff has been guilty of unreasonable delay the defendant so conducts himself as to induce the plaintiff to incur further costs in the reasonable belief that the defendant intends to exercise his right to proceed to trial notwithstanding the plaintiff's delay, he cannot obtain dismissal of the action unless the plaintiff has thereafter been guilty of further unreasonable delay.

    Positive action, however, by which he intimates that he agrees that the action may proceed, is a different matter. If, for example, he intimates that he is willing for the action to proceed and thereby induces the plaintiff's solicitors to do further work and incur further expense in the prosecution of the action, he will be precluded from relying on the previous delay by itself as a ground for dismissing the action.

  • Shtun v Zalejska
    • Court of Appeal (Civil Division)
    • 28 Mar 1996

    It is not, in my judgment, essential in every case that there should be evidence of particular respects in which potential witnesses' memories have faded, still less that it need be shown that such fading of memories occurred in a particular period.

  • County & District Properties Ltd v Lyell (Note)
    • Court of Appeal (Civil Division)
    • 12 Jul 1977

    But, as I read the authorities, including what the Master of the Rolls said in Cresswell's case, on balance they state the law to be as submitted, not by Mr. Slot, but by Mr Phillips. I hesitate to use the word "waiver", as I think did Lord Justice Sachs in Spriggs' case.

  • Walkley v Precision Forgings Ltd
    • House of Lords
    • 17 May 1979

    The only exception I have been able to think of where it might be proper to give a direction under section 2D, despite the fact that the plaintiff had previously started an action within the primary limitation period but had subsequently discontinued it, would be a case in which the plaintiff had been induced to discontinue by a misrepresentation or other improper conduct by the defendant; but there is no suggestion of this in the instant case.

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Legislation
  • Summary Jurisdiction Act 1848
    • UK Non-devolved
    • 1 de Enero de 1848
    ......S-V . Prosecution and Punishment of Aiders and Abettors in the ... required so to do, to make an Order of Dismissal of the same (L.), and shall give the Defendant in .... (N. 5.) . Warrant of Commitment for Want of Distress. . To the Constable of and to the ......
  • Crime and Disorder Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ......criminal proceedings) of the Prosecution of Offences Act 1985. (‘ the. 1985 Act’ ), ... . . (b) for want of sufficient distress to satisfy any sum of ... Applications for dismissal . Applications for dismissal. . SCH-3.2 . 2. ......
  • Municipal Corporations (Ireland) Act 1840
    • UK Non-devolved
    • 1 de Enero de 1840
    ......, notwithstanding such Disqualification or Want of Qualification, or any other Defect or Want of ...S-XCI . Prosecution for Penalty, &c. to be commenced within a Year. ... shall seem meet, and in case of the Dismissal of the Appeal or the Affirmance of the Conviction ......
  • Value Added Tax Tribunals Rules 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ......notice of appeal or the withdrawal or dismissal of any application. made by them under rule 6 .... (2) A tribunal may dismiss an appeal for want of prosecution where the appellant or the person ......
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Books & Journal Articles
  • NOTES OF CASES
    • Núm. 31-6, Noviembre 1968
    • The Modern Law Review
    ...... remember- ing it is for the prosecution to prove that the inducement did not ... For example, X, a suspect wanted by the police, walks into a ... . Nov. 1968 NOTES OF CASES 697 DISMISSAL OF ACTIOX FOR WANT OF PROSECUTION IN ......
  • REVIEWS
    • Núm. 43-6, Noviembre 1980
    • The Modern Law Review
    Bailment. By N. E. Palmer. Remedies for Breach of Contract. By Hugh Beale. Legal Norms and Legal Science. A Critical Study of Kelsen's Pure Theory of Law. By Ronald Moore. Moral and Legal Reasoning...
    ...... Nov. 19801 REVIEWS 727 wrongful dismissal and damages or even injunctions but ... The essays on dismissal for want of prosecution, third party procedure and ......
  • NOTES OF CASES
    • Núm. 41-5, Septiembre 1978
    • The Modern Law Review
    ...... lawyers: complaints of unfair dismissal 3; prosecutions of pickets 4; pro- ... itself plainly does not want to be involved in a procedure which ......
  • Blowing the Whistle on Fraud
    • Núm. 3-2, Marzo 1995
    • Journal of Financial Crime
    • 185-186
    Employees who blow the whistle at work on serious fraud and malpractice out of concern for public interest, are to be afforded new protection against reprisals and unfair dismissal in the Whistlebl...
    ......3 No. 2 — Prosecution and Investigation Blowing the Whistle on Fraud ... protection against reprisals and unfair dismissal in the Whistleblower Protection Bill, introduced ...The inquiry found that, 'workers did not want to put their continued employment in jeopardy ......
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Law Firm Commentaries
  • Dismissal At Nissan And Workplace Crime Prevention
    • Mondaq UK
    ...... there are now a number of people at board level in Nissan who want to know precisely how this has been allowed to happen. In truth, they are ... Prosecution. We are in an era where business crime has worked its way higher and ......
  • What Price a DPA? Navigating Unchartered Waters
    • JD Supra United Kingdom
    From today, Deferred Prosecution Agreements (“DPA”s) will be available in the UK to the Serious Fraud Office (“SFO”) and the Crown Prosecution Service (“CPS”) as a method for disposal of corporate ...
    .... From today, Deferred Prosecution Agreements (“DPA”s) will be available in the ... of the culpable individuals (including dismissal where appropriate), so that the organisation is ... Ethical companies will want to investigate properly any allegations of ......
  • An Eerie Silence
    • JD Supra United Kingdom
    There’s an eerie silence in the world of fraud prosecutions in the UK. A Libor trial is about to start, a FCA land banking prosecution is on trial at Southwark, but with reporting restrictions, and...
    ...... eerie silence in the world of fraud prosecutions in the UK. A Libor trial is about to start, a FCA ...Less welcome was the dismissal in February of a savagely criticized application ... SFO will be aware of this pressure, and will want to prove the naysayers (including City Slicker) ......
  • An Eerie Silence
    • LexBlog United Kingdom
    There’s an eerie silence in the world of fraud prosecutions in the UK. A Libor trial is about to start, a FCA land banking prosecution is on trial at Southwark, but with reporting restrictions, and...
    ...... eerie silence in the world of fraud prosecutions in the UK. A Libor trial is about to start, a FCA ...Less welcome was the dismissal in February of a savagely criticized application ... SFO will be aware of this pressure, and will want to prove the naysayers (including City Slicker) ......
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