||All England Reporter
|| All ER (D) 124 (Oct)
||Court of Appeal, Civil Division
Judge, Jonathan Parker LJJ and Bodey J
||Guy Mansfield QC and Kevin Grice (instructed by Weightmans, Liverpool) for the claimant.
||Mark Turner QC and Ian Wood (instructed by James Chapman & Co, Manchester) for the defendant.
||9 October 2001
Practice - Strike out - Previous action between parties struck out following claimant's failure to follow directions - Claimant bringing second action seeking to re-litigate same issues - Judge striking out second action as an abuse of process - Whether judge in error - Role of judicial discretion within civil justice system.
Where a judge had exercised his discretion and struck out a second action by a claimant as an abuse of process, following the striking out of the claimant's original action for failure to comply with directions, the judge had been acting within his powers, after taking account of the relevant and specific factors of the instant case, and there were no grounds for interfering with that decision.
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