On an application for reactivation of proceedings deemed resolved under Practice Direction No. 4 of 2002, the court's focus should be on whether the applicant has explained the circumstances of deemed resolution and prepared a plan for timely determination, not on factors relevant to dismissal for want of prosecution such as past delay and prejudice. Where the opposing party was complicit in the delay, that party is not well placed to rely on prejudice. The fact that an explanation for delay does not amount to a justification is not a bar to reactivation.
The full text is available to signed-in members, including the 1 later case that cites this judgment.