It was not an abuse of process, to restart a claim within the limitation period after an automatic striking out of an earlier action. Millett LJ referred to the ‘same dilatory progress’ all the parties to the action continued to make after the guillotine date. Sir Thomas Bingham MR said: ‘I would add only this … Continue reading Gardner v Southwark London Borough Counci (No 1); King v East Cambridgeshire District Council etc: CA 18 Jan 1996

Automatic directions did not apply to proceedings transferred from the High Court before 1990. Citations: Times 19-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.89723

Re-instatement of an action after an automatic strike out could be proper if due diligence and a reasonable excuse could be shown. ‘The principles which emerge from those three decisions can be stated in summary form: (a) there are two threshold tests: see Rastin; Hoskins; (b) in relation to both these tests the onus of … Continue reading Reville v Wright: CA 18 Jan 1996

A mistake as to the legal effect of the court’s timetable is no excuse to prevent an automatic striking out of a case. Citations: Times 18-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.88928

The automatic directions timetable starts when the last defendant delivers his defence. Citations: Times 19-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11)(9) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.84687

To ‘deliver’ is to lodge a defence at court as opposed to when it is sent for questions as to start of court timetables. Citations: Times 18-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.83065

Solicitor’s oversight of effect of rules is no excuse which would serve to justify court allowing time extension. Citations: Times 18-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.81125

A request to extend time for setting down a case included and implied alternative to set down. Citations: Times 18-Jan-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.78914

Interlocutory direction by judge displaces the automatic directions timetable. Citations: Times 19-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 19 May 2022; Ref: scu.80108