Guernsey Judgment 21/2010 - IFS Investments Ltd et al v Manor Park (Guernsey) Ltd et al

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Cause 817 - péremption - application under Royal Court Civil Rules, 2007 (Rule 50) to restore action to the Rôle des Causes à Plaider - matters to be taken into account in the exercise of the Court's discretion - impecuniosity of applicant - extent of delay - application dismissed. Cause 987 - application to strike out or dismiss the action - (a) whether the cause disclosed no reasonable grounds for bringing an action - whether plea of fiduciary duty could be sustained - lack of particulars alone not a ground for striking out parties to have an opportunity to make further submissions as to whether the plea of fiduciary duty could be remedied by particulars - (b) whether the cause should be dismissed for want of prosecution - effect of Exceptions de Fond having been raised by the defendants - held that plaintiffs not guilty of such inordinate and inexcusable or contumelious delay as to justify dismissal for want of prosecution - application dismissed.