The claimant had been refused leave to join a group action, his claim having been brought out of time. He now sought to bring a separate action on his own account. He appealed an order striking out his claim as an abuse of process.
Held: The strike out was wrong, but the court could look to its case management powers to ensure efficiency. The judge had failed to recognise the difference between the claimant who had not been allowed to join the group action, and those who had joined but whose claims were then struck out for failiure to comply with directions.
Judges:
Lord Woolf, LCJ, Tuckey, Wall LJJ
Citations:
Times 28-Jan-2004, [2004] EWCA Civ 51
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 09 June 2022; Ref: scu.193419