Lorne,Michael v The Gleaner Company, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
I IN COMMON LAW
SUIT N0.C.L. L 047 OF 1999
IN CHAMBERS
BETWEEN MICHAEL LORNE PLAINTIFF
AND THE GLEANER COMPANY lST DEFENDANT
AND WYVOLYN GAGER 2ND DEFENDANT
AND GLEN CRUICKSHANK 3RD DEFENDANT
Mr. Michael Lorne the plaintiff in person
Miss ~lecia Richards .instructed by Messeurs Dunn, Cox and
Orrett for the first and second defendant
APPICATION TO DISMISS ACTION FOR WANT OF PROSECUTION
May 30, June 4 and June 7, 2002
Sykes J '(Ag)
A new day dawned on the common law world on January
11, 1968. The Court of Appeal of England delivered the much
anticipated judgment in Allen v Sir Alfred McAlpine [I9681
2 Q.B. 239. It established this principle: tardy plaintiffs
may find themselves out of court in appropriate
circumstances. The House of Lords affirmed the decision in
Birkett v James [I9781 A.C.296. Lord Diplock formulated the
principle in this way 318F-G: