Louise Keith v Micah Lucian Alexander Benka & Anor

Louise Keith v Micah Lucian Alexander Benka & Anor

The lapse of time in progressing the claim, without breach of court order or rule and in the context of a stay and the court's own failure to transfer the case, does not amount to an abuse of process sufficient to justify striking out the claim.

Source-derived case information.

Parties
Appellant: Louise Keith; Respondent: Micah Lucian Alexander Benka; Respondent: Fairwarp Management Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Delay in Prosecution, Forfeiture of Lease, Relief Against Forfeiture, Case Management, Striking Out Claims
Civil Procedure Landlord and Tenant Law Abuse of Process Delay in Prosecution Forfeiture of Lease Relief Against Forfeiture Case Management Striking Out Claims

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Parties

Louise Keith

Appellant

Micah Lucian Alexander Benka

Respondent

Fairwarp Management Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether delay in prosecuting a claim, absent breach of court order or rule, amounts to abuse of process justifying strike out
  2. 2 Whether the lower court erred in striking out the claim for delay and failure to apply to the First-tier Tribunal

Ratio Decidendi

The lapse of time in progressing the claim, without breach of court order or rule and in the context of a stay and the court's own failure to transfer the case, does not amount to an abuse of process sufficient to justify striking out the claim.

Court Disposition

Appeal dismissed