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Icebird Ltd v Winegardner [electronic resource]

Language: English Publication details: 2009Subject(s): Online resources: Summary: [2009] UKPC 24, 10 June 2009. IL owned a property in the Bahamas which it claimed had a right of way over land owned by W, and which it alleged that W had obstructed. IL commenced proceedings against W, which continued for over two years, until W applied to strike out the action. The court struck out the action and IL appealed, with the appeal being dismissed. IL then appealed to the Privy Council. Held: appeal allowed. There was no reason why IL's delay should prevent a fair trial, and no valuable evidence would have been lost because of the dealy. The action should not have been struck out.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 147877-2001

[2009] UKPC 24, 10 June 2009. IL owned a property in the Bahamas which it claimed had a right of way over land owned by W, and which it alleged that W had obstructed. IL commenced proceedings against W, which continued for over two years, until W applied to strike out the action. The court struck out the action and IL appealed, with the appeal being dismissed. IL then appealed to the Privy Council. Held: appeal allowed. There was no reason why IL's delay should prevent a fair trial, and no valuable evidence would have been lost because of the dealy. The action should not have been struck out.