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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 of prosecution. These were that there should be either:

  • intentional
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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