Sleeping Dogs Don't Lie: Court Draws Inference From Claimant's Inactivity

A claimant who has issued proceedings may commit an abuse of process where it does not have an intention to progress the claim, even temporarily (known as 'warehousing' the claim). The sanction for warehousing can be severe: the court may strike out the entire claim. The court may give the claimant an opportunity to revive the claim before striking it out. The defendant's conduct can also be relevant, as it should not sit by passively. However, the court may proceed directly to striking out the claim where it is already convinced the claimant's intention is to warehouse the claim. This intention can be inferred from its prior actions, and can put the burden on the claimant to provide a proper explanation.