Inordinate and Inexcusable Delay in UK Law
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Birkett v James
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To justify dismissal of an action for want of prosecution the delay relied upon must relate to time which the plaintiff allows to lapse unnecessarily after the writ has been issued. A late start makes it the more incumbent upon the plaintiff to proceed with all due speed and a pace which might have been excusable if the action had been started sooner may be inexcusable in the light of the time that has already passed before the writ was issued.
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Securum Finance Ltd v Ashton and another
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The position, now, is that the court must address the application to strike out the second action with the overriding objective of the CPR in mind – and must consider whether the claimant's wish to have "second bite at the cherry" outweighs the need to allot its own limited resources to other cases.
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Biss v Lambeth, Southwark and Lewisham Area Health Authority (Teaching)
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The one solution that I see is that the prejudice to a defendant by delay is not to be found solely in the death or disappearance of witnesses or their fading memories or in the loss or destruction of records. There is much prejudice to a defendant in having an action hanging over his head indefinitely, not knowing when it is going to be brought to trial. Like the prejudice to Damocles when the sword was suspended over his head at the banquet.
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Rath v C. S. Lawrence & Partners
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For this purpose a causal link must be proved between the delay and the inability to have a fair trial or other prejudice, as the case may be.
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Allen v Sir Alfred McAlpine & Sons Ltd
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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.
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Grovit and Others v Doctor and Others
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The courts exist to enable parties to have their disputes resolved. To commence and to continue litigation which you have no intention to bring to conclusion can amount to an abuse of process. Where this is the situation the party against whom the proceedings is brought is entitled to apply to have the action struck out and if justice so requires (which will frequently be the case) the courts will dismiss the action.
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Thorpe v Alexander Fork Lift Trucks Ltd
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As I said in Sweeney's case (1974) 1 W. L. R. 208, theplaintiff is not entitled to delay as of right for four years from the accident, three years before issuing the writ and another year for service. It is his duty, once the writ is issued, to serve it promptly and get on with it promptly. So in this case it was the duty of the plaintiff, having issued the writ, to serve it promptly and to proceed with the case with expedition.
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Courts and Legal Services Act 1990
... ... is satisfied that there has been undue delay on the part of a registered foreign lawyer in ... ...
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Act of Sederunt (Sheriff Appeal Court Rules) 2015
... ... CHAPTER 8 ... REFUSAL OF APPEAL DUE TO DELAY ... Application to refuse appeal due to delay ... are that- (a) there has been an inordinate and inexcusable delay by another party or another ... ...
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Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2008
... ... S-4 ... Dismissal of claims due to delay Dismissal of claims due to delay ... 4. —(1) ... the court to dismiss the claim due to inordinate and inexcusable delay by another party or another ... ...
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Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009
... ... delay Dismissal of actions due to delay ... After ... the court to dismiss the action due to inordinate and inexcusable delay by another party or another ... ...
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Commercial Arbitration in Bermuda
... ... has been either intentional and vexatious delay or inordinate and inexcusable delay such that the ... ...
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Court of Appeal
... ... CourtofAppealto delay lodging notice of appeal against conviction until ... of process, in thatthere has been an inordinate and inexcusable delay in commencing ... ...
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NOTES OF CASES
... ... in situations where there is inordinate delay in the prosecution of an action and ... (or (b) The delay must be inexcusable.s the large number of protracted, day ... ...
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NOTES OF CASES
... ... help,s a process that adds to the delay without, usually, in the end securing ... the plaintiffs delay has been inordinate and inexcusable, to the prejudice of the ... ...
- Award Dismissing A Claim For Inordinate And Inexcusable Delay Survives Challenge In The English Court
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Delay At Your Peril
... ... by minute for the court to dismiss the claim due to inordinate and ... inexcusable delay by another party or another party's agent in ... ...
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Arbitration - Dera Commercial Estate V Derya Inc
...Challenge to arbitral award based on "inordinate delay" ... The claimant appealed an arbitral ... that there has been inordinate and inexcusable delay on the part of the claimant in pursuing his ... ...
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Dera Commercial Estate v. Derya Inc [2018] EWHC 1673
... ... as to: (i) whether there had been an inordinate and inexcusable delay pursuant to section 41(3) ... ...