Wearn v HNH International Holdings Ltd

Practice – Striking out. The claimant was a sound engineer who specialised in restoring historic classical recordings. He entered into a contract with the defendant whereby landmark opera recordings would be restored, reproduced and sold in CD form. The claimant brought a claim for breach of contract against the defendant. The defendant and its operational arm applied for the action to be struck out for, among other things, extraordinary and inexcusable delay. The Chancery Division held that the claimant's conduct, taken overall, was in breach of CPR 1.3 (d), (e) and (f) and that the claim should be struck out for abuse of process and/or for failure to comply with an order of the court.

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