Delay—what is sufficient to strike out for abuse of process or to discharge freezing order? (TAG Venture Capital (in liquidation) v Potter)

Table of contents

• Practical implications
• Court details
• Facts
• Judgment
• Strike out for abuse of process (paras 32-46)
• Discharge of freezing order (paras 47-51)

Article summary

The court has refused an application based on a few months delay for an order striking out proceedings and an application to discharge a freezing order. The court found that a four month delay in this case was not substantial in the context of an application to strike out. In relation to the freezing order the relevant delay was that caused by the company, which was in liquidation, in bringing the proceedings. A delay of two months by the company was not enough to lead to the discharge of the freezing order.