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Practice – Striking out. The claimant's first claim, relating to a claim of negligence in the treatment of injuries that he had suffered whilst in the Army, was struck out following a number of delays. The claimant subsequently issued a second claim. That claim was also struck out, on the application of the defendant Ministry of Justice. The claimant appealed against that decision. The Queen's Bench Division held that the striking out of the second claim would be dismissed, and the claim would be allowed to proceed.
Practice – Striking out. The claimant's first claim, relating to a claim of negligence in the treatment of injuries that he had suffered whilst in the Army, was struck out following a number of delays. The claimant subsequently issued a second claim. That claim was also struck out, on the application of the defendant Ministry of Justice. The claimant appealed against that decision. The Queen's Bench Division held that the striking out of the second claim would be dismissed, and the claim would be allowed to proceed.
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