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Neo Investments Inc. -v- Cargill International S.A.

28th Jan 2001

[2001] 2 Lloyd’s Rep. 33

David Allen was involved in this matter concerning principles for striking out a claim under CPR 3.1 and 3.4 and the interrelationship between those provisions and CPR 51-PD-19

Practice – CPR 51-PD19 – CPR 3.9 – Application to lift stay – Application to strike out – Dispute under contract for sale of goods – Transitional period covering change from old Rules of the Supreme Court to new Civil Procedure Rules – Action did not come before a Judge or on paper during transitional period – Action automatically stayed – Whether stay should be lifted – Prejudice to defendants if stay lifted.

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