Source: All England Reporter
Publisher Citation: [2012] All ER (D) 134 (Apr)
Neutral Citation: [2012] EWCA Civ 518
Court: Court of Appeal, Civil Division
Judge:

Rix, Etherton and Lewison LJJ
Representation Mark James (instructed by Pictons Solicitors LLP) for the claimant.
  Paul Joseph (instructed by Plexus Law) for the defendant.
Judgment Dates: 26 April 2012

Catchwords

Practice - Fast track - Application to vary allocation order - Application being made after judgment in trial - Claimant issuing proceedings against defendant employer for damages for personal injury - Case being allocated to small claims track - District judge reallocating matter to fast track at parties' request - Judgment being made in favour of claimant and award of damages and costs made - Claimant obtaining variation of order allocating case to fast track to include costs pre-allocation to be determined on basis of fast track rules - Defendant successfully appealing variation - Whether district judge exceeding jurisdiction in varying allocation order after judgment in trial having been given - CPR 3.1(7), 39(1), 44.11.

The Case

Practice Fast track. The Court of Appeal, Civil Division, dismissed the claimant's appeal, finding that his application under CPR3.1(7) to vary an earlier order, made ten months before, had not been made promptly and had not fallen within the circumstances in which, under established authorities, it would be appropriate to make such a variation.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • 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