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 by way of footnote. If a plaintiff whose first action is automatically struck out under Ord.17,r.11(9) is subject to an order for costs and brings a second action within the limitation period, it is certainly open to the defendant in that second action to seek an order that the second action be stayed until the costs of the first action are duly met. That is not a ground upon which the plaintiff can be precluded from bringing the second action, but it may, in my judgment, afford grounds upon which he may be restrained from pursuing it until he has paid his debts.’
Judges:
Millett LJ, Sir Thomas Bingham MR
Citations:
Times 18-Jan-1996, Gazette 21-Feb-1996, [1996] 1 WLR 571
Statutes:
County Court Rules 1981 17(11)
Jurisdiction:
England and Wales
Cited by:
Cited – Dowse v Kappell CA 12-Dec-1996
The plaintiff had had his claim re-instated after being struck out. The defendant appealed.
Held: There was material on which the learned Circuit Judge was entitled to reach the conclusion which she did. Although this was a borderline case, it . .
Cited – Reville v Wright CA 18-Jan-1996
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 . .
Cited – Worldwide Corporation Limited v GPT Limited and GPT (Middle East) Limited CA 2-Dec-1998
Reasons for dismissal of application for leave to appeal – refusals of leave to amend particulars. The court must take into account the public interest in the efficient administration of justice which may be damaged by the disruption and delay . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 21 January 2023; Ref: scu.80752