1 Apr 2011
YEUNG KIT LING v. MA KWAN HO LAWRENCE AND ANOTHER
- Citation
- YEUNG KIT LING v. MA KWAN HO LAWRENCE AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV258/2010
Given the facts — multiple unparticularised oral agreements dating back to 2002–2003, absence of documentary support, a complex factual dispute dependent on memory, and the plaintiff's extensive and detailed witness statement drafts — the judge was entitled to infer that the substantial delay caused serious prejudice to the defendants and to strike out the claim for want of prosecution. The CJR reinforces the duty of expedition but does not alter the test for serious prejudice; the judge did not err in principle nor was he plainly wrong in exercising his discretion to dismiss.