Want of Prosecution 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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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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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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Bremer Vulkan Schiffbau und Maschinenfabrik v South India Shipping Corporation Ltd
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The High Court's power to dismiss a pending action for want of prosecution is but an instance of a general power to control its own procedure so as to prevent its being used to achieve injustice. Every civilised system of government requires that the state should make available to all its citizens a means for the just and peaceful settlement of disputes between them as to their respective legal rights.
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Revici v Prentice Hall Incorporated
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Nowadays we regard time very differently from what they did in the 19th century. We have had occasion recently to dismiss many cases for want of prosecution when people have not kept to the rules as to time. So here, although the time is not so very long, it is quite long enough. There was ample time for considering whether there should be an appeal or not. Moreover (and this is important), not a single ground or excuse is put forward to explain the delay and why he did not appeal.
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Costellow v Somerset County Council
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Save in special cases or exceptional circumstances, it can rarely be appropriate, on an overall assessment of what justice requires, to deny the plaintiff an extension (where the denial will stifle his action) because of a procedural default which, even if unjustifiable, has caused the defendant no prejudice for which he cannot be compensated by an award of costs.
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Malik Javid Khan v R M Falvey
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By the phrase "amenable to be struck out" the pleader intended to convey that after 1990 there was no arguable defence to an application to strike out. What had been (let us assume) a right of action against the debtor which was worth something, had become a right of action which was worth nothing. All the alleged negligence by the solicitor had occurred by then. The present action was not started until more than 6 years later.
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Road Traffic Act 1988
... ... the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not ... (6) It is a defence ... the same meaning as in Part 3 of this Act;“disability” means a want of physical ability affecting the driving of motor cars; and((a) ) ... ...
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Prevention of Cruelty to Children Act 1894
... ... acquitted of the charge, or if the charge is dismissed for want of ... prosecution, the order shall forthwith be void except with regard ... ...
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Dentists Act 1957
... ... where such an appeal is brought but withdrawn or struck out ... for want of prosecution, the determination shall take effect ... on the expiration ... ...
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County Courts Act 1984
... ... malicious prosecution or false imprisonment; or(c) any question or issue of a kind prescribed ... ...
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House of Lords
... ... or because a party failed to appearor an action is dismissed for want of prosecution or a claim is notmade within a fixed time limit, there can ... ...
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The Assizes
... ... Witnesses for the prosecution stated that the motor-cyclist was on his correct side of the road, ... THE ASSIZES 223 for want of prosecution, and such person shall appear to be insane, it ... ...
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NOTES OF CASES
... ... EXERCISE OF JUDICIAL DISCRETION TO DISMISS AN ACTION FOR WANT OF PROSECUTION AN appeal lies from an official referee to the ... ...
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Judicial Committee of the Privy Council
... ... The appeal was dismissed for want of prosecution. He presented a petition to the Royal Court in ... ...
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Deferred Prosecution Agreements: Would you really want one?
Like the morning after the night before, now we have finally seen the UK’s first deferred prosecution agreement (DPA), we are all left with one question: Would you really want one? On 30 Novem...
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What's Going On With Lost Litigation Claims?
... ... were generated from cases where claims had been struck out for want of prosecution. Why does this matter? It is potentially significant that ... ...
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Arbitration - Dera Commercial Estate V Derya Inc
... ... Although it would be wrong to dismiss a claim for want of prosecution where the limitation period had not yet expired, the fact ... ...
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Tort and Time Bars - Suing by Stop Watch
... ... claim where several debt recovery actions were struck out for want of prosecution ... Until Khan, the assumption was that time runs ... ...
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Consent to the placement of my child for adoption with any prospective adopters chosen by the Adoption Agency. Section 19 of the Adoption and Children Act 2002
Forms relating to adoption, including those to request adoption, placement and parental orders.... ... prosecution ... I understand that I may withdraw my consent at any time until the ... application in the court. If I do withdraw my consent and want my child returned to me, I understand that I must ... notify the adoption ... ...
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Consent to the placement of my child for adoption with identified prospective adopters. Section 19 of the Adoption and Children Act 2002
Forms relating to adoption, including those to request adoption, placement and parental orders.... ... prosecution ... I understand that I may withdraw my consent at any time until the ... application in the court. If I do withdraw my consent and want my child returned to me, I understand that I must ... notify the adoption ... ...
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Forms 5223C and 5223D
Jury service forms including the form to make a claim for loss of earnings or benefit.... ... Knowingly providing false information on this form may lead to prosecution ... Details about your employee ... Please put the business, or local ... What if I want to know how many days my employee ... actually served as a juror? ... Ask ... ...
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Consent to the placement of my child for adoption with identified prospective adopter(s) and, if the placement breaks down, with any prospective adopter(s) chosen by the adoption agency. Section 19 of the Adoption and Children Act 2002
Forms relating to adoption, including those to request adoption, placement and parental orders.... ... prosecution ... I understand that I may withdraw my consent at any time until the ... application in the court. If I do withdraw my consent and want my child returned to me, I understand that I must ... notify the adoption ... ...