Skinner v Myles [1990] JLR 88 (27 March 1990)

Skinner v Myles [1990] JLR 88 (27 March 1990)

A plaintiff who brings proceedings near the end of the limitation period must act with increased expedition; failure to do so may result in the action being struck out for inordinate and inexcusable delay.

Citation
[1990] JLR 88
Parties
Plaintiff: Skinner; Defendant: Myles
Jurisdiction
Jersey
Judgment Date
27 March 1990
Procedural Posture
Civil / Application to Strike Out for Delay
Outcome
action may be struck out for inordinate and inexcusable delay
Legal Topics
Limitation of Actions, Delay in Prosecution, Striking Out Actions
Civil Procedure Limitation of Actions Delay in Prosecution Striking Out Actions

Case Brief

Summary, issues, holding and outcome

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Parties

Skinner

Plaintiff

Myles

Defendant

Procedural Posture

Civil / Application to Strike Out for Delay

Legal Issues

  1. 1 Whether proceedings instituted near the end of the limitation period impose an increased duty on the plaintiff to act with expedition
  2. 2 Whether failure to act with expedition justifies striking out the action for inordinate and inexcusable delay

Ratio Decidendi

A plaintiff who brings proceedings near the end of the limitation period must act with increased expedition; failure to do so may result in the action being struck out for inordinate and inexcusable delay.

Court Disposition

action may be struck out for inordinate and inexcusable delay