Icebird Ltd v Winegardner [electronic resource]
Icebird Ltd v Winegardner [electronic resource]
- 2009
[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.
ICEBIRD LTD V WINEGARDNER
England and Wales--1543-
[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.
ICEBIRD LTD V WINEGARDNER
England and Wales--1543-