“… a draconian remedy. Even in a case where abuse may be made out, it does not necessarily follow that the claim should be struck out: Biguzzi v Rank Leisure PLC [1999] 1 WLR 1926 and Walsham Chalet Park Ltd v Tallington Lakes Ltd [2014] EWCA Civ 1607. The remedy of striking out must be proportionate in all the circumstances. There are o…”
“…erence to their own terms and not by reference to the authorities that had accumulated over many decades on the RSC: see for example Biguzzi v Rank Leisure plc [1999] 1 WLR 1926 per Lord Woolf MR.…”
“…t of civil litigation by insisting that time limits be adhered to unless there is good reason for a departure. Dyson LJ cited Lord Woolf MR in the Biguzzi case [1999] 1 WLR 1926: “If the court were to ignore delays which occur, then undoubtedly there will be a return to the previous culture of regarding time limits as being unimportant…”
“…Under the CPR the court has a wide discretion as to how its powers should be exercised: see eg Biguzzi v Rank Leisure plc [1999] 1 WLR 1926. So the position is that the court has the power to strike out a statement of case for abuse of process but at the same time has a wide discretion as to which …”