An application for extension of time is implied in an application to set down; no strike out should follow. Citations: Times 30-Jun-1995, Gazette 19-Jul-1995 Statutes: County Court Rules 1981 Order 17 rule 11(9) Jurisdiction: England and Wales Litigation Practice Updated: 21 January 2023; Ref: scu.80501
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 timetable did not apply on damages assessment after judgment Citations: Times 27-Mar-1997 Statutes: County Court Rules 1981 Order 17 11(9) Jurisdiction: England and Wales Litigation Practice Updated: 13 August 2022; Ref: scu.80904
The solicitors represented the applicant in a claim for personal injuries. The action was struck out, and he sued the solicitors for negligence. Composite directions had been given, and the question was whether the making of those directions ousted the automatic directions, under which the action was struck out for delay. Held: That question had … Continue reading Hawkins v Keppe Shaw, Solicitors (a Firm): CA 20 Jul 2001
