Read the full judgment text of FACV 3/2011 on BabelCite. This FACV judgment was delivered on 8 December 2011.
1. This appeal raises important questions regarding applications to strike out actions for delay (sometimes referred to as applications to strike out for want of prosecution). These questions will require a discussion of the impact of the Civil Justice Reform (the CJR) which came into effect on 2 April 2009. For many years, the courts in Hong Kong have on the whole followed the approach of the decision of the House of Lords in Birkett v James [1978] AC 297 and the cases which followed that dec
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