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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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NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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