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10 May 2013 / Mark Whitcombe
Issue: 7559 / Categories: Features , Employment
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Strike force (2)

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Mark Whitcombe continues his examination of the approach to striking out

The first part of this series considered both applications to strike out on the basis that a claim or response is scandalous, vexatious or has no reasonable prospect of success, and also applications to strike out on the basis that the manner in which proceedings have been conducted has been scandalous, unreasonable or vexatious. This second part deals with the striking out of claims that have not been actively pursued, striking out for non-compliance with an order or practice direction, and striking out where it is no longer possible to have a fair hearing.

Claims which have not been actively pursued (r 18(7)(d))

Although the CPR did not retain the concept of dismissal for want of prosecution, an equivalent concept was preserved by the Employment Tribunal Rules. The applicable principles are therefore those identified by the House of Lords in the pre-CPR case of Birkett v James [1978] AC 297, [1977] 2 All ER 801 in relation to dismissal for want

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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