Whitehead v Avon County Council (2): CA 10 Feb 1997

The automatic directions timetable ceases to run on the stay of proceedings; a date was needed. Automatic directions were ousted if an order was made staying the action, even if it was likely that the stay would only be a temporary one. The rationale underlying the ouster of automatic directions was that the stay of an action, pending the examination of the plaintiff by a psychiatrist, was inconsistent with the continuance of automatic directions.

Citations:

Times 17-Mar-1997, [1997] EWCA Civ 976

Statutes:

County Court Rules 1981 17.2 17.11

Jurisdiction:

England and Wales

Citing:

See AlsoWhitehead v Avon County Council (1) CA 3-May-1995
A personal injury claimant may not insist on a friend’s presence at an examination by the doctor instructed by defendants. . .

Cited by:

CitedCockeril v Tambrands Limited CA 21-May-1998
Even if a case is quite unsuitable for automatic directions, the plaintiff has an obligation to apply instead for specific manual directions to stand in their stead. It would be wrong to allow a plaintiff to escape from the discipline of the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 05 November 2022; Ref: scu.141372