SHOULD UNDUE DELAY AND “GROVIT” ABUSE LEAD TO AN ACTION BEING STRUCK OUT UNLESS THERE ARE COMPELLING REASONS NO TO DO SO? THE COURT OF APPEAL CONSIDER THE ISSUES

This is an important decision by the Court of Appeal on how the court should respond to an abuse of process caused by delay.  The answer is that this kind of abuse is treated similarly to other types of abuse. A finding of abuse does not automatically lead to an action being struck out, the court ha...