“…e is an abuse of process, it is not strictly necessary to establish want of prosecution under either of the limbs identified by Lord Diplock in Birkett v James [1978] AC 297. In this case once the conclusion was reached that the reason for the delay was one which involved abusing the process of the court in maintaining proceedings …”
“…of an order pending an appeal sought an order dismissing the inquiry for want of prosecution. The main question was whether, in accordance with Birkett v James [1978] AC 297 on dismissal for want of prosecution, the applicant had to show that he had been prejudiced by the delay. This court held that it was not necessary to show pre…”