| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 180 (Oct) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Waller LJ and Sir Charles Mantell |
| Representation | Paul Creaner (instructed by Alker &Ball, Wigan) for the claimant. |
| The defendant appeared in person. | |
| Judgment Dates: | 14 October 2004 |
Catchwords
Practice and procedure - Order - Non-compliance - Trial judge dismissing defendant's application for judgment following claimant's non-compliance with order - Correctness of decision.
The Case
On an appeal from a decision of the judge by which he had dismissed the defendant's application for judgment against the claimant on the grounds of the claimant's non-compliance with an interim order, the court ruled that, in the circumstances, the defendant had suffered no prejudice as a result of the claimant's conduct of the proceedings and accordingly dismissed the appeal.
Practice Areas
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