The Respondents on Appeal initially applied in morning Chambers to have the Appellant’s Action dismissed for long delay under Rule 4.33. The Appellant argued that a reply to a Notice to Admit Facts constituted a material step in the Action, with the materiality being established in one paragraph. The Chambers Judge dismissed the Action, concluding that the fact admitted in that paragraph had already been established through other means, and therefore the reply did not amount to a material step in the Action.

On Appeal, the Court of Appeal noted that the Appellant had shown many facts admitted in several paragraphs. Cumulatively, these admissions did amount to a “significant advance” under Rule 4.33. The Court of Appeal also found a sufficient factual basis to address the new issues without prejudice to the parties, determining that not doing so would result in unfairness due to the outright dismissal of the Action.

As a result, the Court of Appeal allowed the Appeal and restored the Action.