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.
The additional prejudice need not be great compared with that which may have been already caused by the time elapsed before the writ was issued; but it must be more than minimal; and the delay in taking a step in the action if it is to qualify as inordinate as well as prejudicial must exceed the period allowed by rules of court for taking that step.
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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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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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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. The means provided are courts of justice to which every citizen has a constitutional right of access in the role of plaintiff to obtain the remedy to which he claims to be entitled in consequence of an alleged breach of his legal or equitable rights by some other citizen, the defendant.
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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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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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Courts and Legal Services Act 1990
... ... following section shall be inserted after section 19 of the Prosecution of Offences Act 1985— ... ...
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Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993
... ... its own motion, order an originating application to be struck out for want of prosecution ... (3) Before making an order under sub-paragraph (d), ... ...
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Value Added Tax Tribunals Rules 1986
... ... tribunal ... (2) A tribunal may dismiss an appeal for want of prosecution where the appellant or the person to whom the interest or ... ...
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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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NOTES OF CASES
... ... his statement always remember- ing it is for the prosecution to prove that the inducement did not affect him."E This ... Nov. 1968 NOTES OF CASES 697 DISMISSAL OF ACTIOX FOR WANT OF PROSECUTION IN three recent cases the Court of Appeal ... ...
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Forbearance to Sue and Forbearance to Defend
... ... appear and the action may be struck out or dismissed for want of prosecution; B may be unable to produce satisfactory ... ...
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Preliminary Sections
... ... variation of order 2212 Strike out 2213 (i) Generally 2213 (ii) Want of prosecution 2215 (iii) “Unless” orders 2216 Summary judgment 2217 ... ...
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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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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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Form A102
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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Form A100
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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Form A101
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 ... ...