A court exercising the power to dismiss proceedings for want of due despatch under UCPR r 12.7 should adopt a selective approach to individual causes of action rather than a global dismissal where some causes of action are reasonably available on the facts pleaded. Inconsistency in treatment of related proceedings (allowing older proceedings to stand while dismissing newer ones for delay) may render the dismissal arguably unjustified.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.