| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 100 (Mar) |
| Neutral Citation: | [2012] EWCA Civ 251 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Ward, Lloyd and Jackson LJJ |
| Representation | James Petts (instructed by Lee Associate Solicitors) for the claimant. |
| The first defendant appeared in person. | |
| Gerard Van Tonder (instructed by Mrs Nina Ahmad) for the second defendant. | |
| Judgment Dates: | 13 March 2012 |
Catchwords
Practice - Civil procedure rules - Striking out - Claimant failing to comply with directions - Judge making findings in respect of merits of claim - Judge striking out claim - Whether judge erring in assessment of merits of claim - Whether decision unjust due to procedural irregularities - Civil Procedure Rules, Pt 3.4(2)(c).
The Case
Practice Civil procedure rules. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that the judge's order striking out the claimant's claim against the first and second defendants pursuant to CPR Pt3.4(2)(c) could not properly be criticized as a deficient exercise of the judge's discretion.
Practice Areas
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