0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Cheng I Food Co Ltd v Theotoko Maritime Inc, Queen's Bench Division, 21 July 2000

2 November 2000
The issues

Striking out – delay – prejudice.

The facts

Commercial claim – the Claimants were purchasers of a cargo of maize, brought an action against the owners of a vessel. Points of claim were served in March 1996 and were amended in August 1996. In September 1996 they were served and Lists exchanged in January 1997. There was a delay in the process of inspection. In March 2000 CMC was requested. The Claimant applied pursuant to Pat 3 Rule 3.4.(2)(c) for the claim to be struck out on the ground inter alia that undue delay had caused prejudice. In particular the ships Master now resident in Greece was no longer willing to appear at Court.

The decision

The Application would be allowed. There had been a substantial and unjustified delay. The delay had caused prejudice. Although the ship’s Master had provided a statement it was important for the evidence to be given orally in this case and for an opportunity to be available for cross examination. Having regard to the length of delay and lack of explanation – the nature of the claim and the overriding objective of the rules – it was appropriate that the action should be struck out.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).


Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.


Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.


Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up