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Begum v Yousaf

29 January 2002
The issues

Striking out – non-compliance of Court Order – decline of witnesses memories.

The facts

This was a property dispute relating to an alleged transfer of property which had occurred in 1994. The action had been commenced in September 1998. Judgment had been entered in default but subsequently set aside in November 1999. On the 10th January 2000 a Directions Order had been made including a Direction that the matter be set down within 28 days. The Claimant did not comply. On the 11th December 2000 the matter went back before the Judge. The Judge had indicated that this was a stale case. He had made this observation at the earlier Hearing and that it should proceed as quickly as possible. He struck it out.

The Claimant appealed.

The decision

The Claimant’s investigations had been complete by February 2000.

It was unlikely to come to Trial for 8 years after the transfer of property. It turned on the recollection of witnesses. That recollection was likely to be diminished by time.

The Judge’s Order was not disproportionate – Appeal dismissed.

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