Source: All England Reporter
Publisher Citation: [2002] All ER (D) 95 (Mar)
Court: Chancery Division
Judge:

Hart J

Representation The appellant appeared in person.
  Robert Bowker (instructed by Marsons) for the respondent.
Judgment Dates: 7 March 2002

Catchwords

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.

The Case

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.

Practice Areas

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