Publisher Citation: [2002] All ER (D) 47 (Apr)
Court: Queen's Bench Division
Judge:

Judge Kirkham sitting as a judge of the High Court
Representation Robert Percival (instructed by Dakers Green Brett) for the claimant.
  Melissa Pack (instructed by Berrymans Lace Mawer) for the defendant.
Judgment Dates: 12 April 2002

Catchwords

Practice - Stay of proceedings - Proceedings stayed - Claimant applying to court to lift stay - Master lifting stay - Master making number of directions restricting claimant's ability to pursue claim - Master giving no reasons for decision - Claimant appealing - Whether appeal to be dealt with by way of rehearing or review - Whether master in error.

The Case

Where a master unconditionally lifted a stay but made a number of directions which restricted the claimant's ability to pursue the case based on the assumption that the case should have been ready to go to trial in January 2001, but did not give any reasons for those decisions, an appeal was heard by way of rehearing and the master's orders altered.

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