Flaxman-Binns v Lincolnshire County Council: CA 5 Apr 2004

When looking at whether to lift a stay on an action imposed before the coming into effect of the Civil Procedure Rules, the court should look at each of the items listed in the rule, and should then stand back and look at the overall needs of justice.


Lord Justice Clarke Lord Phillips Of Worth Matravers, Mr Lord Justice Jacob


[2004] EWCA Civ 424, Times 27-May-2004, [2004] 1 WLR 2232




Civil Procedure Rules 39.2


England and Wales


CitedWoodhouse v Consignia Plc; Steliou v Compton CA 7-Mar-2002
The claimant continued an action brought in her late husband’s name. The action had begun under the former rules. After the new rules came into effect, the action was automatically stayed, since no progress had been made for over a year. Her . .
CitedLa Baguette Ltd and Others v Audergon CA 23-Jan-2002
Judges should be careful not to create judicial checklists which added a gloss to the civil procedure rules. The claimant’s action had been stayed automatically for not having progressed for a year. The judge applied the checklist in Annodeus to . .
Lists of cited by and citing cases may be incomplete.

Education, Professional Negligence, Civil Procedure Rules

Updated: 10 June 2022; Ref: scu.195623