Source: All England Reporter
Publisher Citation: [2002] All ER (D) 174 (Jan)
Court: Court of Appeal, Civil Division

Chadwick LJ and Sir Christopher Staughton

Representation Harbinder Lally (instructed by Goldens) for the claimant.
  David Worster (instructed by Challinor Lyon Clark) for the defendant.
Judgment Dates: 23 January 2002


Practice - Striking out - Abuse of process - Claimant responsible for delay - Judge giving directions - Claimant failing to follow directions - Judge striking out claim - Whether judge in error - CPR 3.4(2)(c).

The Case

Where the claimant had failed to comply with the judge's direction that a matter be set down for trial, the judge had been entitled to strike out her claim under CPR 3.4(2)(c) and there was no reason to interfere with the exercise of his discretion.

Practice Areas

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