Delay At Your Peril
6th November 2008 saw the implementation of a new Court of
Session rule which clarifies the position in this court regarding
delays.
The new rule, in Chapter 21A states that "Any party to
a claim may, while that claim is depending before the court, apply
by minute for the court to dismiss the claim due to inordinate and
inexcusable delay by another party or another party's agent in
progressing the claim, resulting in unfairness."
In the past, the issue of delay and the consequences in
proceedings in Scotland has been unclear. In Esso Petroleum Co
Ltd v. Hall Russell & Co Ltd (No. 2) 1995, the defenders
sought for the action to be dismissed due to "inordinate and
inexcusable delay" on the part of the pursuers. It was argued
that...
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