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Ridsdill & ors. v Smith and Nehew Medical & ors - Striking out is a draconian course of action [2006] EAT

Delay in pursuing a case, where there is no element of fraud, destruction of evidence or wilful misconduct, but simply inactivity may merit censure but application of the overriding objective that justice should be done will ensure that delay on its own is unlikely to merit striking out.

In this case the EAT overruled a tribunal chairman's decision to strike out unfair dismissal claims which had not been actively pursued and where tribunal orders had not been complied with.

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