CAUSE TO BE PENDING IN A COURT

• Date: 24 January 2019

"Jessel M.R. in Re Clagett’s Estate, Fordham v. Clagett (882) 20 Ch.D 637 at 653 is there relied on. There, he stated inter alia: - "A case is said to be pending in a Court of justice when any proceeding can be taken in it... If you can take any proceeding it is pending.Pending does not mean that it has not been tried. It may have been tried years ago. In fact, in the days of the old Court of Chancery, we were familiar with cases which had been tried fifty or even one hundred years before, and which were still pending. Sometimes, no doubt, they require a process, which we call reviving..... but nevertheless, they were pending suits... " I think that emphasis should be that...