Source: All England Reporter
Publisher Citation: [2008] All ER (D) 101 (May)
Court: Court of Appeal, Civil Division
Judge:

Sir Andrew Morritt C, Rix and Rimer LJJ
Representation The claimant appeared in person.
  Adam Kramer (instructed by Cobbetts LLP, Leeds) for the defendant.
Judgment Dates: 8 May 2008

Catchwords

Practice - Striking out - Action - Claimant seeking to pursue action against defendant bank on basis of pleaded claim - Judge finding claimant having no proper basis of claim - Judge summarily dismissing claim - Whether judge erring - Civil Procedure Rules 1998, . Pt 8.

The Case

Where the claimant's claim had been summarily dismissed in circumstances where the judge had held that he failed to advance a proper basis for claim, it was held that the judge had erred in so concluding. The claimant had indicated that he wished to advance his claim upon the basis of his particulars of claim, which had been settled by counsel, and while he had misunderstood the cause of action so pleaded, the particulars of claim had provided a proper basis for his action. Accordingly, his appeal was allowed.

Practice Areas

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