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IN CHAMBERS
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IN THE GRAND COURT OF THE CAYMAN ISLANDS
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CAUSE 576 OF 1996
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BETWEEN:
BEATRICE NAOMI FAZIO
PLAINTIFF
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AND:
HYATT BRITANIA CORPORATION LTD.
DEFENDANT
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Before: Justice Anthony Smellie
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Dated: 11 th October 2000
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DECISION
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The defendant seeks to strike out the action on grounds of inordinate and inexcusable
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delay on the part of the plaintiff.
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I accept that there has been inordinate delay; by definition six years must be so regarded.
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However, I do not find that the delay is inexcusable.
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I accept from the chronology of events that the matter was never allowed by the plaintiff
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"to go to sleep". There were ongoing attempts and discussions for settlement which
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ultimately did not succeed because of the worsening nature of the plaintiffs condition.
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I accept that Mr. Allen as her attorney acted properly in not accepting offers of settlement
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made in circumstances where his client's condition had not been finally diagnosed and
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assessed and so while the extent of the damages could not be anticipated or advised upon.
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On the authority of Marlton (an infant) v Lee-Leviten 1968 I WLR 1214 - delay is
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excusable if occasioned from the need to ascertain the true nature of the plaintiffs
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injuries.
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The defendant has, in my view, identified no real likelihood of prejudice arising from the
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delay.
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For these and other reasons canvassed during the hearing, the application to strike out for
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inordinate and excusable delay is refused.
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The plaintiffs application to strike out the defence on grounds of failure to meet
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discovery obligations is also refused, but a strict limit will now be placed on the time for
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compliance by the defence to be backed by an "unless" order.
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On the plaintiffs sunuuons for directions, directions will also now be given as to the final
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steps to be taken in preparation for trial.
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day of October 2000
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