Judgment was handed down today in Baird v Goldgar, in which David Halpern KC appeared for the respondent, Dr Goldgar, before the Judicial Committee of the Privy Council.
The Privy Council upheld the decision of the Court of Appeal of the Eastern Caribbean Supreme Court striking out a claim that had been issued in 1993. In the Board’s judgment, delivered by Lord Hamblen, the Privy Council reviewed the principles governing strike out for want of prosecution and abuse of process in the Eastern Caribbean.
The judgment confirms that, in relation to want of prosecution, the factors identified in Birkett v James — inordinate and inexcusable delay by the claimant together with prejudice to the defendant — remain relevant, but are to be considered within the more flexible framework of the CPR.
As regards abuse of process, the Board held that the focus is on serious delay in breach of the CPR together with some additional factor rendering the conduct abusive, such as warehousing a claim or wholesale disregard of the Rules.
The decision provides guidance on the application of these principles in the Eastern Caribbean and confirms the courts’ ability to strike out proceedings for want of prosecution and/or abuse of process where it is proportionate to do so.
