Source: All England Reporter
Publisher Citation: [2002] All ER (D) 347 (Jul)
Neutral Citation: [2002] EWCA Civ 1083
Court: Court of Appeal, Civil Division
Judge:

Brooke, Dyson LJJ and Wall J

Representation Robert Leonard (instructed by Gambrills, Folkestone) for the claimant.
  The defendant did not appear and was not represented.
Judgment Dates: 24 July 2002

Catchwords

County court - Practice - Fast track - Jurisdiction of district judge - Claiming seeking amendment which would take financial value of claim over fast track limit - Whether judge conducting trial of liability having jurisdiction continue to conduct trial - Whether trial to be re-allocated to multi-track.

The Case

Where a claimant applied for an amendment to the particulars of claim of an action allocated to the fast track the effect of which was to increase the damages claimed to a sum above the limit for that track, a district judge had jurisdiction to allow such an amendment and continue with the hearing of the issue of liability on the fast track or to re-allocate it to the multi-track.

Practice Areas

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