A claimant who launches litigation is expected to get on with it…pronto. Dominic Regan explains why below
It is back. The ancient jurisdiction to strike out a civil claim for want of prosecution, enshrined in the old Rules of Court, seemingly disappeared on 26 April 1999 with the arrival of the Civil Procedure Rules.
The underlying principle was that if a plaintiff (now claimant) allowed an issued action to become dormant, the defendant could pounce and seek dismissal of the claim. There was no obligation upon the defendant to prompt the other side. Indeed, the White Book explicitly recognised the right to “let sleeping dogs lie”. Typically, the defendant would make noises about memories fading and the diminished ability to secure a fair trial.
Well, striking out for want of prosecution (SOWP) is back with a vengeance. This raises a risk for claimants and a corresponding opportunity for defendants. There was an oblique reference to the concept in Denton v White [2014] EWCA Civ 906, [2015] 1 All ER 880 where Jackson LJ succinctly stated:
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