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Bircham Dyson Bell (BDB) LLP and Pitmans LLP merged on 1 December 2018 to become BDB Pitmans LLP. More details can be found here
23 May 2017

Use it or lose it…

A recent case has shown that the courts are not willing to wait for claimants to pursue their claim if they think they are not serious about it or show no intention of concluding it. This undue delay in driving a case forward can be considered ‘an abuse of process’.

In the case of Solland International Ltd v Clifford Harris & Co (2015), the claimants had put aside their case for a year while they focussed on other litigation and then spent another year considering their options. They also filed an allocation questionnaire 31 months late. The Courts consequently dismissed the claim due to their significant inactivity.

It appears as though the Court is taking a harder line on undue delay and so consideration should be taken as to whether there is sufficient resource and drive to keep pushing a case forward.

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