Applications to strike out civil proceedings for delay or want of prosecution – the way forward

The Court of Final Appeal has, in Liquidator of Wing Fai Construction Company Limited v Yip Kwong Robert and Others (FACV 3/2011, 8 December 2011), informed practitioners of the approach the courts must now take when faced with applications to strike out civil proceedings for delay or want of prosecution on the part of the plaintiff. Parties thus now have the principles which courts should adopt in the post-Civil Justice Reform (CJR) era. Gavin Lewis, Gareth Thomas and Robert Hunt examine these principles and suggest the best way forward in future cases where a defendant is faced with a plaintiff who appears unwilling to move proceedings forward towards trial. Continue reading