Clifford Chance

Justice delayed is justice denied: Court of Final Appeal's re-statement of law on strike out applications for delay in light of Civil Justice Reform

20 December 2011

The power to strike out claims for delay is discretionary and derives from the inherent jurisdiction of the Court, which jurisdiction exists to avoid injustice, prevent abuse and facilitate the administration of justice. In the recent case of The Liquidator of Wing Fai Construction Company Limited (In Compulsory Liquidation) v Yip Kwong Robert and Ors1, the Court of Final Appeal (CFA) restated the principles relevant to applications to strike out for delay in light of the Civil Justice Reform introduced on 2 April 2009 (CJR). In short, the CFA has emphasised the importance of reducing delay in proceedings and the Court's active case management powers, which ultimately affects how parties conduct litigation and their litigation strategies.

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