Source: All England Reporter
Publisher Citation: [2010] All ER (D) 168 (Nov)
Neutral Citation: [2010] EWCA Civ 1279
Court: Court of Appeal, Civil Division
Judge:

Sedley and Moses LJJ

Representation John Hendy QC and Ghazan Mahmood (instructed by Bevans) for the claimant.
  Robin Allen QC and Daniel Dyal (instructed by the EHRC, Corporate Law & Governance) for the Commission.
Judgment Dates: 16 November 2010

Catchwords

Practice - Striking out - Pleading - Claimant claiming damages against defendant - Judge hearing application to strike out claim - Judge concluding that he was not required by law to sit with assessors in order to determine application to strike out claim - Whether judge required by law to sit with assessors - Whether claimant's claim sufficiently pleaded - ss 66, 67(4).

The Case

Practice Striking out. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the decision of the judge in the county court to strike out the claimant's claim for damages against the defendant's decision not to support the claimant's litigation.

Practice Areas

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