Where a trial judge's exercise of discretion to strike out for want of prosecution is vitiated by error, the appellate court will re-exercise the discretion rather than simply remit. The complete absence of affidavit evidence from the plaintiff explaining delay or establishing prospects of success will be fatal to resisting a strike-out application, even where the delay is likely attributable to the plaintiff's solicitors rather than the plaintiff personally. Dilatoriness of solicitors will not necessarily be sheeted home to the client, but the client must still provide evidence.
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