Dermot Gerard Richard Walsh v Andre Martin Misseldine: CA 29 Feb 2000

The claimant sought damages for injuries from 1989. His claim was pursued effectively, but a four-year delay ensued after 1994. He then sought to enlarge his claim greatly by introducing a lot of new issues of which the defendant’s insurers had no notice when they calculated the value of the claim in the early 1990s for the purposes of a payment into court CPR 3.1(2)(a) and 3.1(3)(a) give the court power to extend time for compliance with a rule subject to conditions. The court declined to strike out his claim despite the considerable delay on condition that the claimant was limited to prosecuting his claim on the basis of his case as it stood before the long period of delay commenced. ‘Although CPR 3.1(a) expressly preserves the courts’ inherent jurisdiction to protect its process from abuse, this is a residual long-stop jurisdiction. The main tools the courts have now been given to exterminate unnecessary delays are to be found in the rules and practice directions and in the orders they may make from time to time.’


Lord Justice Brooke, Stuart-Smith LJ


[2000] EWCA Civ 61, [2000] All ER (D) 261




Civil Procedure Rules 3.1(2)(a) 3.1(3)(a)


England and Wales

Cited by:

AppliedPrice v Price (Trading As Poppyland Headware) CA 26-Jun-2003
The claimant sought damages from his wife for personal injuries. He had been late beginning the claim, and it was served without particulars. He then failed to serve the particulars within 14 days. Totty and then Sayers had clarified the procedure . .
CitedSarah Lloyd Jones and others v T Mobile (Uk) Ltd CA 31-Jul-2003
The claimant challenged a stautory notice. The Act required the notice to be fixed to the structure in question, but because of its location, the notice was not legible without going on to private land.
Held: Appeal lay here from the County . .
CitedDi Placito v Slater and others CA 19-Dec-2003
The parties had earlier compromised their dispute, with the claimant undertaking not to lodge any further claim unless he did so within a certain time. They now sought to commence action.
Held: When considering whether to discharge such an . .
Lists of cited by and citing cases may be incomplete.

Civil Procedure Rules, Personal Injury

Updated: 23 May 2022; Ref: scu.135784