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The High Court struck out lengthy proceedings brought by the plaintiff, for alleged breaches of competition law between 2007 and 2011, against three defendants for abuse of process and want of prosecution. The court found that the plaintiff had persistently failed to comply with a series of court-ordered costs payments, failed to provide any credible plan to satisfy these obligations, and frequently engaged in vexatious and oppressive litigation conduct. The plaintiff argued that public interest and procedural rights under EU law should prevent strike-out and requested further indulgence by way of an 'unless' order, but the court rejected these submissions, holding that 15 years of opportunity had already been afforded, and that ongoing delay and non-compliance imposed unjust prejudice on the defendants. The proceedings were consequently struck out, with the court reserving the matter of the costs of the application.
strike out – abuse of process – want of prosecution – competition law – failure to pay costs – security for costs – Rules of the Superior Courts (RSC) – inherent jurisdiction – delay in litigation – consent orders – EU Charter of Fundamental Rights (Art. 47 CFEU) – proportionality – unless order – prejudice to defendants – litigation misconduct – stayed proceedings – case management – public interest in competition enforcement
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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