B M Samuels Group Limited and Nelsons Solicitors (a Firm) v McAllister: CA 4 Nov 1997

The defendants sought to have struck out the claimant’s notice of appeal.
Held: The appeal had no prospects of success, and the court exercised its power to strike out the notice.

Citations:

[1997] EWCA Civ 2629

Jurisdiction:

England and Wales

Citing:

AppliedBurgess v Stafford Hotel Ltd CA 1990
The court considered an application to strike out a notice of appeal on the basis that it showed no reaonable ground.
Held: The court had such a power. It was ‘exercisable on the same basis as an application to strike out a pleading under RSC . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 10 November 2022; Ref: scu.143028