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England and Wales decisions
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BlackBerry Ltd v Optiemus Infracom Ltd [2025] EWHC 3336 (Comm) (19 December 2025)
The Commercial Court refused to strike out BlackBerry’s claim for delay, lifted the CPR 15.11 stay, and allowed amendments, despite finding an abuse of process.
SNV & Ors v Al Khayyat & Ors [2025] EWHC 3265 (KB) (18 December 2025)
The High Court struck out a multi-claimant action for abuse of process after prolonged inactivity, failure to serve particulars of claim, and no evidence explaining the delay.
The High Court upheld alternative email service in India, finding exceptional circumstances from delay, multiple defendants, and D1’s technical resistance to service.
Denning Sotomayor Ltd v Western Avenue Properties Ltd & Anor [2025] EWHC 1590 (KB) (25 June 2025)
High Court appeal dismissed against strike-out of a counterclaim for abuse of process and want of prosecution after years of inactivity and tactical delay.
Lloyd v Hayward & Anor [2024] EWHC 2033 (Ch) (05 August 2024)
The High Court refused to strike out a claim for abuse of process, finding no intention to warehouse the case and, in any event, no disproportionate basis to strike it out.
The claim was struck out because the claimants' delay in progressing the litigation was egregious, unjustified, and amounted to an abuse of process (warehousing). Relief from sanctions was refused as the breach was serious, the reasons advanced were not good, and the prejudice to the defendant outweighed that to the claimants. The claimants' personal and business circumstances did not excuse the delay, and the litigation was not conducted efficiently or in accordance with the overriding objective.
Source excerpt
The claimant's procedural inactivity did not amount to an abuse of process because there was no sufficient evidence of a lack of intention to prosecute the claim, the delay was partly attributable to the court's failure to list a CCMC, and both parties were inactive. Even if there had been abuse, striking out would not be a just or proportionate response in all the circumstances.
Source excerpt
Wadhwani & Anor v NatWest Markets PLC [2024] EWHC 1103 (Ch) (05 April 2024)
A High Court judge struck out an interest rate swap claim after more than eight years of delay, refusing relief from sanctions and rejecting a bid to lift any stay.
Catalyst Investment Group Ltd (Now Dissolved) & Ors v Lewinsohn & Ors [2022] EWHC 522 (Ch) (15 March 2022)
The High Court refused to strike out long-stayed proceedings for delay, holding the consensual stay meant the delay was excusable. It ordered no costs.
University Of East London v Chuks [2021] EWHC 3328 (QB) (01 December 2021)
The High Court dismissed the university’s appeal against refusal to strike out or summarily dismiss a student’s contract claim arising from placement and disciplinary disputes.
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