What is the legal test to dismiss an application under s.25(6) of the Criminal Code of Scotland for want of prosecution?

British Columbia, Canada


The following excerpt is from Wilson v. Wilson, 1997 CanLII 2798 (BC CA):

Counsel on this application accepted Frew v. Roberts as stating the test to be applied on this application. While I see no reason not to apply that test in this case, I suggest that the burden upon a party applying under s.25(6) may be heavier than that imposed by the former regime upon a party opposing an applica­tion to dismiss for want of prosecution. The burden of apply­ing now rests on the appellant. The 180 day period does not begin running until there has been some delay in prosecu­tion of the appeal. The appellant must meet the deadline or suffer the dismissal of the appeal. The failure to take any step to remedy the default within the 180 day period may, in most cases, be enough to establish that the delay was inordinate but I need not decide that. The delay having gone on in this case for so many more months, it was obviously inordinate.

Other Questions


What are the legal principles governing an application to dismiss for want of prosecution? (British Columbia, Canada)
What are the reasons for dismissing an application to dismiss an action for want of prosecution? (British Columbia, Canada)
Can an application to dismiss on an interlocutory application be dismissed? (British Columbia, Canada)
What is the test for dismissing an application under s.25(6) of the Criminal Code for want of prosecution? (British Columbia, Canada)
When will a section of the Criminal Code be dismissed for want of prosecution? (British Columbia, Canada)
What is the legal test of legal sufficiency on an application to amend a pleading under Rule 9-5(1)(a)? (British Columbia, Canada)
Can an application be brought to dismiss an application under s. 27(1)(c) of the Rules of Civil Procedure Act? (British Columbia, Canada)
What is the test for dismissing an application to dismiss a claim? (British Columbia, Canada)
Can an application be dismissed for want of prosecution where an action had been commenced in 2010 for damages for false imprisonment, arbitrary detention and Charter breaches? (British Columbia, Canada)
What are the legal principles applicable to a wrongful dismissal action? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.