Two-Year Delay

Cheng I Food Co Ltd v Theotoko Maritime Inc (Com Ct unreported 21 July 2000)

The defendants applied under CPR rule 3.4(2)(c) to strike out the claim claiming prejudice because of the inexcusable delay of almost two years in proceeding with the action. As a result of the delay they had lost contact with their main witness, who had earlier agreed to attend court to give evidence. The defendant declined to disclose a statement taken from the witness to the claimants who contended that the extent of any prejudice could only be judged by its disclosure. The court held that if the action proceeded there would be a real risk of prejudice as the court would only have the witness’s statement, rather than his oral evidence to rely on. The action was struck out.