Smellie CJ
COURT OF THE CAYMAN ISLANDS 996 DEATRICE NAOMI FAZIO HYATT BRITANIA CORPORATION LTD.
10. 2000 8 Before: Justice An- 9 Dated: 11th October 10 11 12 13 The defendant see 14 delay on the part of 15 I accept that there 16 However, I do not anthony Smellic or 2000 DECISION asks to strike out the action on grounds of inordinate and of the plaintiff. had an inordinate delay; by definition six years must find that the delay is inexcusable. nexusable be regarded. 17 I accept in all the 18 "to go to sleep". To 19 ultimately did not 20 I accept that Mr. A 21 made in circumsta- 22 assessed and so w 23 On the authority of monology of events that the matter was never allowed, there were ongoing attempts and discussions for settlement to proceed because of the worsening nature of the plaintiff's illen as her attorney acted properly in not accepting offi- nces where his client's condition had not been finally de- spite the extent of the damages could not be anticipated. (Marton (an infant) v Lee-Leviten 1968 1 WLR 1214.) by the plaintiff ent which is condition. ers of settlement agnosed and or advised upon. a delay is
1 excusable ifoccas 2 injuries. 3 The defendant has 4 delay. 5 For these and other 6 inordinate and ex- 7 The plaintiff's app rising from the to strike out for to meet 8 discovery obliga 9 compliance by the 10 On the plaintiff's 11 steps to be taken 12 13 14 15 Anthony Smellie Chief Justice ons is also refused, but a strict limit will now be placed defence to be backed by an "unless" order. summons for directions, directions will also now be given in preparation for trial. on the time for en as to the final 18 Dated in the year of October 2006