Case law
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Division and case type: CivilCivil Appeal
…He then concluded in this regard by saying that: ‘To my mind it is evident that our judicial system would never permit a plaintiff to be “driven from the judgment seat” in this way without any Court having considered his right…
…to be heard, excepting in cases where the cause of action was obviously and almost incontestably bad.”…
Division and case type: CivilCivil Appeal
…In case of leave to file a suit out of time English courts consider the leave granted as subject to the defendant's common law right to be heard on the issue and, hence the re-activation of the issue of leave in the proceedings…