Viera -v- Kordas and The Motor Insurers' Bureau [2013] JRC 251 (11 December 2013)

Viera -v- Kordas and The Motor Insurers' Bureau [2013] JRC 251 (11 December 2013)

The plaintiff's claim was struck out because there was inordinate and inexcusable delay in progressing the action, with no adequate explanation for the delay, and the delay prejudiced the possibility of a fair trial, amounting to an abuse of process under Rule 6/13(1)(d) of the Royal Court Rules 2004.

Citation
[2013] JRC 251
Parties
Plaintiff: Plaintiff; Defendant: First Defendant; Defendant: Motor Insurers Bureau (Second Defendant)
Jurisdiction
Jersey
Judgment Date
11 December 2013
Procedural Posture
Civil / Application to Strike Out Claim
Outcome
plaintiff's claim against the first defendant struck out
Legal Topics
Strike Out for Want of Prosecution, Abuse of Process, Road Traffic Accident, Limitation Period, Delay in Litigation
Civil Procedure Tort Strike Out for Want of Prosecution Abuse of Process Road Traffic Accident Limitation Period Delay in Litigation

Case Brief

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Parties

Plaintiff

Plaintiff

First Defendant

Defendant

Motor Insurers Bureau (Second Defendant)

Defendant

Procedural Posture

Civil / Application to Strike Out Claim

Legal Issues

  1. 1 Whether the plaintiff's claim should be struck out for inordinate and inexcusable delay amounting to an abuse of process under Rule 6/13(1)(d) of the Royal Court Rules 2004
  2. 2 Whether the delay prejudices the fair trial of the action or causes serious prejudice to the defendant

Ratio Decidendi

The plaintiff's claim was struck out because there was inordinate and inexcusable delay in progressing the action, with no adequate explanation for the delay, and the delay prejudiced the possibility of a fair trial, amounting to an abuse of process under Rule 6/13(1)(d) of the Royal Court Rules 2004.

Court Disposition

plaintiff's claim against the first defendant struck out

Orders

  • Plaintiff's claim against the first defendant is struck out.
  • Plaintiff to pay the first defendant's costs of the application and the action.