Cases

Powell v Boladz & others

Held

(1) The claim was not an abuse. The Claimants were genuinely interested in vindication and there were good reasons for the delay.

(2) Although the claim could not now be tried within a reasonable time, this did not necessitate striking out and, balancing the prejudice to the Claimants if they were not allowed to proceed with the prejudice caused to the remaining doctor Defendant by the delay, the claim would not be struck out.

Also