Source: All England Reporter
Publisher Citation: [2002] All ER (D) 464 (Nov)
Court: Court of Appeal, Civil Division

Schiemann, Arden LJJ and Aikens J

Representation David Ashton (instructed by Fisher Jones Greenwood, Colchester) for R.
  Gilead Cooper (instructed by Ince & Co) for the firm.
Judgment Dates: 29 November 2002


Practice and procedure - Striking out - Action - Judge striking out parts of action - Correctness of judge's decision.

The Case

In cases in which the issues were fact-sensitive, the prudent course was often not to strike out parts of proceedings unless it was absolutely clear that they could not succeed.

Practice Areas

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