Dismissal for Want of Prosecution in UK Law

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

    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.

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

    It seems to me that this case at any rate is a case of estoppel, of conduct by the Defendant inducing a beliefthat the action would be allowed to go on without objection, upon which the Plaintiffs acted to their detriment by the expenditure of money.

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

    In my opinion this appeal should be allowed for it cannot be said that it was the provisions of section 2A, (that is to say, the imposition of the three year period after which an action such as this cannot be proceeded with without the directions of the court) which prejudiced the respondent when within that period he brought an action for damages for the same personal injuries and in respect of the same cause of action as in his second action.

    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
  • Municipal Corporations (Ireland) Act 1840
    • UK Non-devolved
    • 01 de Janeiro 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 ... ...
  • Crime and Disorder Act 1998
    • UK Non-devolved
    • 01 de Janeiro de 1998
    ... ... M28 Prosecution of Offences Act 1985 (“ ... Applications for dismissal ... and Disorder Act 1998 that he or it does not want the proceedings to continue, they shall be ... ...
  • Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993
    • UK Non-devolved
    • 01 de Janeiro de 1993
    ... ... hearing where, on a complaint of unfair dismissal– ... (a) (a) the applicant has expressed a ... originating application to be struck out for want of prosecution ... (3) Before making an order ... ...
  • The Criminal Procedure Rules 2020
    • UK Non-devolved
    • 01 de Janeiro de 2020
    ... ... dealing with the prosecution and the defence fairly; ... indictment on which the prosecutor does not want to proceed; ... , described as triable either way), that dismissal has the same effect as an acquittal in the Crown ... ...
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Books & Journal Articles
  • NOTES OF CASES
    • No. 31-6, November 1968
    • The Modern Law Review
    ... ... remember- ing it is for the prosecution to prove that the inducement did not ... Nov. 1968 NOTES OF CASES 697 DISMISSAL OF ACTIOX FOR WANT OF PROSECUTION IN ... ...
  • REVIEWS
    • No. 43-6, November 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
    • No. 41-5, September 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 ... BRADLEY. WANT OF PROSECUTION THE administration of English civil ... ...
  • Blowing the Whistle on Fraud
    • No. 3-2, March 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
  • Dismissing Employees Who No Longer Have The Right To Work
    • Mondaq UK
    ... ... and criminal prosecution, which could lead to an unlimited fine ... and/or ... as a potentially fair reason for dismissal. If it has become ... illegal, the contract is ... employer will want to give a right of appeal, as the employee may ... ...
  • 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...
    ... ... is about to start, a FCA land banking prosecution is on trial at Southwark, but with reporting ... 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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