Source: All England Reporter
Publisher Citation: [2014] All ER (D) 81 (Jan)
Neutral Citation: [2014] EWHC 27 (QB)
Court: Queen's Bench Division

Mr Justice Turner

Representation The claimant appeared in person.
  Peter Hamilton (instructed by Clyde & Co) for the defendant.
Judgment Dates: 15 January 2014


Practice - Pre-trial or post-judgment relief - Order of Master categorising case - Case being ordered to be heard by deputy High Court judge - Claimant objecting before trial to case being heard by deputy High Court Judge and seeking listing before High Court judge - Whether claimant entitled to succeed on the application bearing in mind overriding objective.

The Case

Practice Pre-trial or post-judgment relief. The claimant sought to get her case, which had been assigned to a deputy High Court judge, reassigned to a High Court judge based on the importance of the subject matter. The Queen's Bench Division, in refusing the application found that the claimant had failed to adopt the normal route of appeal against the order of the master assigning the case to category B. It would have been open to the claimant to seek to appeal the order of the master to assign this case to category B and applying the balancing act required by the overriding objective the court would not interfere with the categorisation of the case or the fact that it has been listed before the deputy judge.

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