| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 124 (Oct) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Judge, Jonathan Parker LJJ and Bodey J |
| Representation | 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. | |
| Judgment Dates: | 9 October 2001 |
Catchwords
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.
The Case
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.
Practice Areas
Lexis®Library
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
