Home Knowledge Putting Justice to Hazard: When Does Delay Justify the Dismissal of Proceedings?

Putting Justice to Hazard: When Does Delay Justify the Dismissal of Proceedings?

 

In recent months several applications to dismiss proceedings for want of prosecution on the grounds of delay came before the High Court.  These judgments continue to illustrate that the success of an application to dismiss proceedings will depend on the particular facts of each case.  A period of delay found to be prejudicial in one case may not be determinative of the point in subsequent cases of similar delay.

Click the image below to read our briefing, which looks at the principles a court will apply in these applications, and also includes an overview of recent decisions.