Guernsey Judgment 2/2001 - Silver Falcon Enterprises Limited and Saffouri v E.D.D Cochrane J.R.C. Cochrane, S.D. Cochrane and U.P. Cochrane

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Civil Procedure—dismissal for want of prosecution—delay—inordinate and inexcusable delay, before and after cause placed on Roll, of 22 months sufficient to justify striking out claim if serious prejudice to defendants/substantial risk that fair trial impossible—court may rely on aggregate of several shorter delays—substantial prejudice/risk of unfairness if delay exacerbates fading memories of trial witnesses—delay caused by illness potentially excusable—delay caused by defendant's failure to agree revised pleadings not excusable if plaintiff could have remitted matter to court for further directions, as onus on him to advance case.





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