Bourne -v- Axford, Russell, Collins, Lewin, Russell Limebeer, Lloyds Bank Plc and Sierra Trust Company Limited [2003] JRC 114A (07 July 2003)

Bourne -v- Axford, Russell, Collins, Lewin, Russell Limebeer, Lloyds Bank Plc and Sierra Trust Company Limited [2003] JRC 114A (07 July 2003)

The appeal was dismissed because the plaintiff's inordinate and inexcusable delay created a substantial risk of unfair trial due to impaired witness recollection, and the Master was correct to infer serious prejudice to the defendants.

Citation
[2003] JRC 114A
Parties
Appellant: Plaintiff; Respondent: First Defendant; Respondent: Second Defendant; Respondent: Third Defendant; Respondent: Fourth Defendant
Jurisdiction
Jersey
Judgment Date
07 July 2003
Procedural Posture
Civil Appeal / Appeal Against Master's Order Striking Out Claim
Outcome
appeal dismissed
Legal Topics
Delay in Prosecution, Strike Out for Want of Prosecution, Prejudice to Fair Trial, Costs, Leave to Appeal
Civil Procedure Delay in Prosecution Strike Out for Want of Prosecution Prejudice to Fair Trial Costs Leave to Appeal

Case Brief

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Parties

Plaintiff

Appellant

First Defendant

Respondent

Second Defendant

Respondent

Third Defendant

Respondent

Fourth Defendant

Respondent

Procedural Posture

Civil Appeal / Appeal Against Master's Order Striking Out Claim

Legal Issues

  1. 1 Whether inordinate and inexcusable delay by the plaintiff justifies striking out the action for want of prosecution
  2. 2 Whether the delay has caused serious prejudice to the defendants such that a fair trial is not possible

Ratio Decidendi

The appeal was dismissed because the plaintiff's inordinate and inexcusable delay created a substantial risk of unfair trial due to impaired witness recollection, and the Master was correct to infer serious prejudice to the defendants.

Court Disposition

appeal dismissed

Orders

  • Plaintiff to pay defendants' costs of and incidental to the action and the appeal on the standard basis
  • Leave to appeal refused