||All England Reporter
|| All ER (D) 95 (Mar)
||The appellant appeared in person.
||Robert Bowker (instructed by Marsons) for the respondent.
||7 March 2002
Practice - Striking out - Action - Claimant failing to attend hearing of defendant's application due to involvement in another set of proceedings - Judge adjourning hearing on basis that further non-attendance would result in striking out of claim - Whether strike out proportionate exercise of court's powers.
On an appeal against an order, made in the claimant's absence, by which the claimant's damages claim against the defendant landlord was struck out, the court ruled that the grounds for the strike-out were not clear and it was a disproportionate exercise of the court's powers in view of the fact that the reason for the claimant's non-attendance was genuine.
- 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
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary