Want of Prosecution in UK Law

Leading Cases
  • Birkett v James
    • House of Lords
    • 25 May 1977

    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.

  • Costellow v Somerset County Council
    • Court of Appeal (Civil Division)
    • 09 November 1992

    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.

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

    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.

  • Grovit and Others v Doctor and Others
    • House of Lords
    • 24 April 1997

  • Bremer Vulkan Schiffbau und Maschinenfabrik v South India Shipping Corporation Ltd
    • House of Lords
    • 22 January 1981

    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.

  • Revici v Prentice Hall Incorporated
    • Court of Appeal (Civil Division)
    • 11 December 1968

    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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Legislation
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Books & Journal Articles
  • NOTES OF CASES
    • No. 32-6, November 1969
    • The Modern Law Review
    ... ... EXERCISE OF JUDICIAL DISCRETION TO DISMISS AN ACTION FOR WANT OF PROSECUTION AN appeal lies from an official referee to the ... ...
  • NOTES OF CASES
    • No. 31-6, November 1968
    • The Modern Law Review
    ... ... 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 ... ...
  • Forbearance to Sue and Forbearance to Defend
    • No. 27-5, September 1964
    • The Modern Law Review
    ... ... appear and the action may be struck out or dismissed for want of prosecution; B may be unable to produce satisfactory ... ...
  • Preliminary Sections
    • Construction Law. Volume III - Third Edition
    • Julian Bailey
    • 1-28
    ... ... 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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Law Firm Commentaries
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Forms
  • Forms 5223C and 5223D
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Form A102
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Form A100
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Form A101
    • HM Courts & Tribunals Service court and tribunal forms
    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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