Proceedings were issued in 2000 following a collision in 1999. The claim form was served in 2001. No further steps were taken until collision statements were served in 2005. In 2013 the Claimant applied to have the matter listed for a CMC.
It was found that primary liability for progressing proceedings lay with the Claimant. Failure to fix a CMC breached PD 58.10.2 and the overriding objective, which requires parties to assist the court in dealing with cases expeditiously. This amounted to a persistent and serious breach of the rules. Oral evidence was important to the Claimant's case and it would be very difficult to adduce such evidence effectively 15 years after the event. This would lead to serious prejudice and a fair trial would not be possible.
The claim and counter claim were struck out under CPR 3.4 for extraordinary and culpable delay.