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Delay in claim against online travel agent not sufficient to dismiss action
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The Court of Appeal has upheld the High Court's decision not to dismiss proceedings against an online travel agent accused of unauthorized sale of airline tickets, despite acknowledging the airline's inordinate and inexcusable delay in prosecuting the case. The appeal focused on whether the balance of justice was in favor of dismissing the case due to the delay. The Court of Appeal agreed with the High Court that the alleged prejudice to the online travel agent, including damage to business reputation and impact on investment opportunities, was not sufficiently demonstrated to warrant dismissal. The Court also found that potential difficulties in obtaining witness testimony did not pose a significant risk to a fair trial. Consequently, the airline's appeal was dismissed, and the case will proceed to trial.
Court of Appeal, inordinate delay, inexcusable delay, balance of justice, online travel agent, airline, unauthorized ticket sales, copyright infringement, passing off, prejudice, business reputation, investment, witness testimony, fair trial, proceedings continuation.
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