Royal Court emphasises duty of plaintiff to advance proceedings

In this case, the Royal Court emphasised the onus on a plaintiff to ensure their case is progressed expeditiously and the need to balance that obligation with article 6 of the European Convention on Human Rights, namely the right to a fair trial.

This appeal was brought by the plaintiff against a decision of the Master on 11 December 2013 to strike out the plaintiff’s claim pursuant of Rule 6/13(1)(d) of the Royal Court Rules 2004 as amended. The grounds for the decision were that there had been an inordinate delay in the progress of the claim such that it would be an abuse of the process of the court if the plaintiff were to be permitted to continue.

The claim itself related to a motor accident that took place on 4 October 2007, wherein the plaintiff alleges that the defendant negligently struck the plaintiff who was riding a motorcycle. The plaintiff sustained injuries. The plaintiff’s claim was later quantified in the region of £30,000 to £35,000. The defendant denied liability…

Click on the link below to read the rest of the Mourant Ozannes briefing.

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