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High Court grants defendants' application to dismiss summary proceedings seeking arrears of rent and service charges, on the grounds that: the balance of justice lies in dismissing the proceedings where periods of the plaintiff's inactivity in progressing its proceedings were inexcusable; general prejudice has and will be suffered by the applicants if the proceedings are permitted to continue; and the applicants accept and concede that their counterclaim against the plaintiff will also fall as a consequence of the court's order to dismiss.
Application to dismiss proceedings for want of prosecution and/or inordinate and inexcusable delay - order 36, rule 12 RSC - summary summons proceedings claiming arrears of rent and service charges - procedural history - notices of intention to proceed - notices of change of solicitor - chronology of events - principles to be applied on application - onus on applicants - balance of justice - question of prejudice - whether inordinate delay excusable - obligation on plaintiff to persuade the court that balance of justice favours case proceeding - periods of plaintiff's inactivity in progressing proceedings - applicants' concession that as a consequence of court striking out plaintiff's proceedings their counterclaim will also fall - proceedings dismissed
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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